40 C.F.R. §60.14 - Modification

Cite as40 C.F.R. §60.14
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31 cases
  • Sierra Club v. Portland General Elec. Co., Civil No. 08-1136-HA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • September 30, 2009
    ...have undergone modification which results in an increase in the amount of any air pollutant emitted by the facility. 42 U.S.C. § 7411; 40 C.F.R. § 60.14. The parties dispute which new source performance standards (NSPS) apply to the Plant. PGE contends that Boardman is subject to, and in co......
  • US v. Alabama Power Co., Case No. 2:01-cv-00152-VEH.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • July 24, 2008
    ...to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of Section 111." 40 CFR § 60.14(a) (1976). Especially significant here is the identification of an NSPS "modification" as a change that "increases. . . the emission rate," wh......
  • U.S. v. Duke Energy Corporation, CIV. 1:00CV01262.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • August 26, 2003
    ...shall not include "[m]aintenance, repair, and replacement which the Administrator determines to be routine for a source category." 40 C.F.R. § 60.14(e)(1) (1975) (Duke Energy Ex. 6). The regulations also provided that increases in hours of operation or production rates within the operating ......
  • U.S. v. Southern Indiana Gas and Elec. Co., IP 99-1692-C-M/F.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Southern District of Indiana)
    • February 13, 2003
    ...measure emissions. For the NSPS program, the EPA must determine whether a change increases the hourly rate of emissions at a facility. 40 C.F.R. § 60.14. For the PSD program, on the other hand, the EPA regulations provide that an increase in the total amount of annual emissions activates th......
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2 firm's commentaries
4 books & journal articles
  • Black Carbon
    • United States
    • Legal pathways to deep decarbonization in the United States Part VIII - Non-Carbon Dioxide Climate Pollutants
    • March 24, 2019
    ...emissions of CO 2 from existing fossil fuel-ired power plants, likely contributed to the closure of some coal-ired 332. See , e.g. , 40 C.F.R. §§60.14(e) (NSPS program), 52.21(b)(2)(iii) (PSD program) (exempting routine repair, replacement, and maintenance from qualifying as modiications); ......
  • Preconstruction Permits: New Source Performance Standards and New Source Review
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...Regulations for NSPS, at 40 C.F.R. §60.2, deine the term “modiication” as an increase in emissions of any regulated air pollutant, but 40 C.F.R. §60.14 deines it as an increase in the emission rate. Emission increases are calculated by comparing the hourly emission rate, at maximum physical......
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...the change increases the facility’s hourly rate of emission.” Wis. Elec. Power Co. v. Reilly, 893 F.2d 901, 905 (7th Cir. 1990) (citing 40 C.F.R. § 60.14 (1988)) (holding renovation of electric plant installing new turbine-generators, boilers, mechanical and electric auxiliaries, and common......
  • Evaluating the Modification of Power Plants: A Streamlined Five Question Approach
    • United States
    • Capital University Law Review No. 35-3, May 2007
    • May 1, 2007
    ...reprinted in 1977 U.S.C.C.A.N. 1077, 1089. [54] H.R. REP. NO. 95-294, at 8 (1977), reprinted in 1977 U.S.C.C.A.N. 1077, 1085. [55] 40 C.F.R. § 60.14(a) (2006). [56] Id. § 60.14(b). [57] 40 C.F.R. § 52.21(b)(48) (2006). [58] The following excerpt from the Code of Federal Regulations defines ......

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