40 CFR 122.29 - New sources and new dischargers

Cite as40 CFR 122.29
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66 practice notes
  • Part II
    • United States
    • Federal Register November 24, 2004
    • 1 Noviembre 2004
    ...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 ......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • 16 Febrero 2004
    ...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......
  • Part IV
    • United States
    • Federal Register June 30, 2006
    • 22 Junio 2006
    ...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]......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements,
    • United States
    • Federal Register November 24, 2004
    • 1 Noviembre 2004
    ...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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7 cases
  • 799 F.2d 687 (11th Cir. 1986), 85-3837, Manasota-88, Inc. v. Thomas
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (11th Circuit)
    • 15 Septiembre 1986
    ...that the proposed disposal area constitutes construction activity resulting in a new source within the meaning of the regulations. 40 C.F.R. Sec. 122.29(b)(1) provides: Except as otherwise provided in an applicable new source performance standard, a source is a "new source" if it ......
  • 859 F.2d 156 (D.C. Cir. 1988), 80-1607, Natural Resources Defense Council, Inc. v. U.S. E.P.A.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • 20 Septiembre 1988
    ...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......
  • 822 F.2d 104 (D.C. Cir. 1987), 80-1607, Natural Resources Defense Council, Inc. v. United States E.P.A.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • 30 Junio 1987
    ...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 oth......
  • 475 F.3d 83 (2nd Cir. 2007), 04-6692, Riverkeeper, Inc. v. U.S.E.P.A.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (2nd Circuit)
    • 25 Enero 2007
    ...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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3 firm's commentaries
  • EPA Unveils Final Cooling Water Intake Structures Rule
    • United States
    • Mondaq United States
    • 22 Mayo 2014
    ...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 addition of a u......
  • EPA Unveils Final Cooling Water Intake Structures Rule
    • United States
    • LexBlog United States
    • 21 Mayo 2014
    ...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......
  • EPA Unveils Final Cooling Water Intake Structures Rule
    • United States
    • JD Supra United States
    • 21 Mayo 2014
    ...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......
56 provisions
  • Part II
    • United States
    • Federal Register November 24, 2004
    • 1 Noviembre 2004
    ...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 ......
  • Water pollution control: National Pollutant Discharge Elimination System— Concentrated animal feeding operations; permitting requirements and effluent limitations guidelines; court order response,
    • United States
    • Federal Register June 30, 2006
    • 22 Junio 2006
    ...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]......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • 16 Febrero 2004
    ...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......
  • Part IV
    • United States
    • Federal Register June 30, 2006
    • 22 Junio 2006
    ...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]......
  • Request a trial to view additional results

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