40 C.F.R. §122.29 - New sources and new dischargers

Cite as40 C.F.R. §122.29
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8 cases
  • San Carlos Apache Tribe v. State
    • United States
    • Court of Appeals of Arizona
    • 15 novembre 2022
    ...Appeals Board (the Board). The Tribe argued those facilities were new sources, not existing sources, under 520 P.3d 676 40 C.F.R. §§ 122.2, 122.29. The Board referred the matter to the Office of Administrative Hearings (OAH) for an evidentiary hearing. In February 2018, OAH held the hearing......
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., 80-1607
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 30 juin 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 other pr......
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., 80-1607
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 30 décembre 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......
  • National Wildlife Federation v. E.P.A., 99-1452.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 19 avril 2002
    ...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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3 firm's commentaries
  • EPA Unveils Final Cooling Water Intake Structures Rule
    • United States
    • Mondaq United States
    • 22 mai 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
    • LexBlog United States
    • 21 mai 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 mai 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......
1 books & journal articles
  • Technology-based standards
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 juillet 2017
    ...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......

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