40 CFR 122.29 - New sources and new dischargers
| Cite as | 40 CFR 122.29 |
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68 practice notes
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Environmental Protection Agency,
...subcategory that meets the definition of ``new source'' under 40 CFR 122.2 and meets the criteria for determination of new sources under 40 CFR 122.29(b) applied consistently with all of the following (i) Water area as used in ``site'' in 40 CFR 122.29 and 122.2 means the water area and wat......
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...January 17, 2002 (or 60 days after publication of the final rule for an offshore oil and gas extraction facility), as described in 40 CFR 122.29(b)(4).\1\ January 17, 2002 is the effective date of the Phase I new facility rule and, therefore, the date for distinguishing new facilities from ......
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Part II
...In today's rule, EPA is defining the term ``existing facility'' to include any facility that commenced construction as described in 40 CFR 122.29(b)(4) \1\ on or before January 17, 2002. EPA established January 17, 2002 as the date for distinguishing new facilities from existing ones becaus......
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Part IV
...of [Xdays from effective date of the final rule], must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1). Thereafter, the source must achieve the standards specified in Sec. 412.43(a) and (b). * * * * [FR Doc. 06-5773 Filed 6-29-06; 8:45 am]......
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7 cases
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Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 04-6692-ag(L).
..."new facility" as any structure whose construction commenced after January 17, 2002 that meets both the definition of "new source" in 40 C.F.R. § 122.29 (discussed below) and one of two other requirements: the structure must use either (1) "a newly constructed cooling water intake structure......
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Natural Resources Defense Council, Inc. v. U.S. E.P.A., No. 80-1607
...a power to impose such conditions. One may question whether they literally do so. Their assertions of power are oddly qualified. 40 C.F.R. Sec. 122.29(c)(3) provides [t]he Regional Administrator, to the extent allowed by law, shall issue, condition ... or deny the new source NPDES permit fo......
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National Wildlife Federation v. E.P.A., No. 99-1452.
...building, structure, facility, or installation from which there is or may be the discharge of pollutants." 33 U.S.C. § 1316(a)(3); 40 C.F.R. § 122.29(a)(2). If a source is designated as a "new source," then it must adhere to the In 1984, EPA promulgated a final rule which made it clear that......
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Natural Resources Defense Council, Inc. v. U.S. E.P.A., No. 80-1607
...new source performance standards but all technology-based performance standards created by section 301, that is, BAT, BPT, and BCT. 40 C.F.R. Sec. 122.29(d)(1). A modicum of textual basis for this interpretation is found in the opening clause of section 306(d), "Notwithstanding any other pr......
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3 firm's commentaries
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EPA Unveils Final Cooling Water Intake Structures Rule
...that water exclusively for cooling. The rule defines an "existing facility" as a facility "that commenced construction as described in 40 CFR 122.29(b)(4) on or before January 17, 2002 (or July 17, 2006 for an offshore oil and gas extraction facility) and any modification of, or any additio......
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EPA Unveils Final Cooling Water Intake Structures Rule
...that water exclusively for cooling. The rule defines an “existing facility” as a facility “that commenced construction as described in 40 CFR 122.29(b)(4) on or before January 17, 2002 (or July 17, 2006 for an offshore oil and gas extraction facility) and any modification of, or any additio......
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EPA Unveils Final Cooling Water Intake Structures Rule
...that water exclusively for cooling. The rule defines an “existing facility” as a facility “that commenced construction as described in 40 CFR 122.29(b)(4) on or before January 17, 2002 (or July 17, 2006 for an offshore oil and gas extraction facility) and any modification of, or any additio......
1 books & journal articles
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Technology-based standards
...must be “substantially independent” of an existing source, located where no source exists, or have replaced an existing source. 40 C.F.R. § 122.29(b)(1). A “new source” means “any source, the construction of which is commenced after the publication of proposed regulations prescribing a stan......