40 CFR 122.49 - Considerations under Federal law
Cite as | 40 CFR 122.49 |
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26 practice notes
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...Are Permits for Phase III Facilities Subject to Requirements Under Other Federal Statutes? EPA's NPDES permitting regulations at 40 CFR 122.49 contain a list of Federal laws that might apply to Federally issued NPDES permits. These include the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et s......
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Part II
...Are Permits for Existing Facilities Subject to Requirements Under Other Federal Statutes? EPA's NPDES permitting regulations at 40 CFR 122.49 contain a list of Federal laws that might apply to Federally issued NPDES permits. These include the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et se......
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase II existing facilities; requirements,
...Are Permits for Existing Facilities Subject to Requirements Under Other Federal Statutes? EPA's NPDES permitting regulations at 40 CFR 122.49 contain a list of Federal laws that might apply to Federally issued NPDES permits. These include the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et se......
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Environmental Protection Agency,
...NPDES program. Are Permits for New Facilities Subject to Requirements Under Other Federal Statutes? EPA's NPDES permitting regulations at 40 CFR 122.49 contain a list of Federal laws that might apply to federally issued NPDES permits. These include the Wild and Scenic Rivers Act, 16 U.S.C. ......
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2 cases
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The Historic Green Springs Inc. v. United States Envtl. Prot. Agency, Case No. 3:09–CV–00075.
...“the EPA had a non-discretionary duty to review the permit in conformance with all applicable CWA regulations,” and, “[b]y operation of 40 C.F.R. § 122.49, [the] EPA had a duty to comply with the NHPA.” HGS's Opposition to EPA's Motion to Dismiss, at 11. This means, according to HGS, that t......
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Natural Resources Defense Council, Inc. v. U.S. E.P.A., No. 80-1607
...requirements, conditions, or limitations ... to the extent allowed by [NEPA] and section 511 of the CWA ") (emphasis added); 40 C.F.R. Sec. 122.49(g) (calling for consideration of EIS-related permit conditions as provided in Sec. It would be sheer casuistry, however, to read the qualificati......