40 C.F.R. §60.14 - Modification
| Cite as | 40 C.F.R. §60.14 |
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31 cases
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Sierra Club v. Portland General Elec. Co., Civil No. 08-1136-HA.
...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......
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US v. Alabama Power Co., Case No. 2:01-cv-00152-VEH.
...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......
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U.S. v. Duke Energy Corporation, CIV. 1:00CV01262.
...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 ......
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U.S. v. Southern Indiana Gas and Elec. Co., IP 99-1692-C-M/F.
...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
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EPA to Reduce Methane Emissions from the Oil and Natural Gas Industry
...of any air pollutant not previously emitted.”2 Reducing Methane and VOCs The Rules amend the New Source Performance Standards (NSPS) at 40 CFR part 60, subpart OOOO, and establishes new standards at subpart OOOOa to address methane-specific emissions as compared to the 2012 NSPS rules that ......
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Air Quality Regulation of Oil and Gas Development: Hydraulic Fracturing Leads to Evolving and New State and Federal Standards, and Increased Efforts to Ban Development at the Local Level
...46 77 Fed. Reg. at 49,523-24 (“The NSPS also does not apply to relocated compressors. As provided in the NSPS General Provisions at 40 CFR 60.14(e)(6), relocation of existing facility is not modification.”). 47 Id. § 60.5380(a)(1). 15 The rules require replacement of rod packing systems eit......
4 books & journal articles
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Black Carbon
...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); ......
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Preconstruction Permits: New Source Performance Standards and New Source Review
...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......
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ENVIRONMENTAL CRIMES
...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......
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Evaluating the Modification of Power Plants: A Streamlined Five Question Approach
...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 ......