40 C.F.R. §70.7 - Permit issuance, renewal, reopenings, and revisions

Cite as40 C.F.R. §70.7
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171 practice notes
  • Part II
    • United States
    • Federal Register December 16, 2005
    • December 16, 2005
    ...deadline in order to operate after this date in compliance with Federal law. (See sections 503(d) and 502(a) of the Clean Air Act and 40 CFR 70.7(b) and 40 CFR Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery Sec. 60.2969 What are the requirements for tempor......
  • Oil and Natural Gas Sector:
    • United States
    • Federal Register August 23, 2011
    • August 23, 2011
    ...imposed on 40 CFR part 70 sources (hence, burden on sources), see the requirements of 40 CFR 70.3, 40 CFR 70.5, 40 CFR 70.6, and 40 CFR 70.7. The activities described above, which are quite extensive and time consuming, would be a significant burden on the non- major sources that would be s......
  • Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations
    • United States
    • Federal Register October 23, 2015
    • October 23, 2015
    ...a revision of the title V permit of any of the sources involved. As a further example of flexibility under title V, and consistent with 40 CFR 70.7(e)(2)(i)(B) and 40 CFR 71.7(e)(1)(i)(B), the EPA is proposing that any changes that may be required to an operating permit with respect to a tr......
  • Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units
    • United States
    • Federal Register October 23, 2015
    • October 23, 2015
    ...to ``administrative permit amendments,'' as such amendments are not defined as ``permit modifications'' in the permit rules. See, e.g., 40 CFR 70.7(d), (e), and The EPA is finalizing the third activity as ``GHG evaluation at permit renewal.'' This activity covers the processing of all permi......
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30 cases
  • Sierra Club v. U.S. Envtl. Prot. Agency, No. 18-9507
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 2, 2020
    ...allow renewal of these permits only if they ensure "compliance with" all of the "applicable requirements." 42 U.S.C. § 7661c(a) ; 40 C.F.R. 70.7(a)(1)(iv). The term "applicable requirements" is defined in the regulation, but not the statute. Envtl. Integrity Project v. EPA , 960 F.3d 236, 2......
  • Sierra Club v. Tennessee Valley Authority, 3:02-cv-2279-VEH.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • January 6, 2009
    ...and whether the source is meeting those requirements." Operating Permit Program, 57 Fed. Reg. 32,250, 32,251 (July 21, 1992) (codified at 40 C.F.R. § 70). Title V authorizes each state to design its own stationary source permitting program and to submit that program to the EPA for approval.......
  • Cal. Cmty. Against Toxics v. Envtl. Prot. Agency, 18-1085
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 20, 2019
    ...and submit to inspection, monitoring, and reporting requirements. Id. § 7661c(a)-(c). A source may apply to modify its permit, 40 C.F.R. § 70.7(e), and state permitting authorities must provide for public comment and a hearing on all permit applications that they receive, 42 U.S.C. § 7661a(......
  • Romoland School Dist. v. Inland Empire Energy, 06-56632.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 18, 2008
    ...the [Title V] permit the requirements from preconstruction review permits authorized under an EPA-approved program" such as a SIP. 40 C.F.R. § 70.7(d)(1)(v). Yet by far the strongest evidence of federal intent to consolidate preconstruction and Title V permitting requirements comes from the......
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2 books & journal articles
  • Operating Permits
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...reasonable procedures for expeditiously processing permit modiications. his obligation may be met by adopting the procedure set out in 40 C.F.R. §70.7(e) or by adopting procedures substantially similar. Delays beyond 18 months in acting on a permit allow the applicant to obtain judicial rev......
  • When Maybe Is Good Enough: The Title V Citizen Petition
    • United States
    • Environmental Law Reporter No. 41-2, February 2011
    • February 1, 2011
    ...be denied. For example, in the JP Pulliam petition discussed below, EPA stated that it was “not clear” from Wisconsin’s response to 21. 40 C.F.R. §70.7(h)(5). 22. 40 C.F.R. §71.11(j). he reference to permitting authority is meant to be the Administrator. he term is used for instances where ......

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