40 C.F.R. §51.165 - Permit requirements
| Cite as | 40 C.F.R. §51.165 |
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48 cases
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Natural Resources Defense Council, Inc. v. SCAQMD, Case No. CV-08-05403-GW.
...before the permitting agencies may issue permits to construct or operate any equipment that will increase nonattainment emissions. 40 C.F.R. § 51.165(a)(2). This case involves the Act's "offset" provision, set forth in Section 173 of the Act (42 U.S.C. § 7503). Section 173(a)(1) provides th......
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WildEarth Guardians v. Extraction Oil & Gas, Inc., Civil Action No. 19-cv-01286-RBJ
...the SIP and the CAA. Id. ¶¶ 307–09 (citing the SIP at Regulation 3, Part D; the CAA at 42 U.S.C. § 7503 (2018) ; and CAA regulations at 40 C.F.R. § 51.165 ). Second, WildEarth alleges that all seven defendants are operating in violation of major source operational requirements pursuant to t......
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Sierra Club v. U.S. Envtl. Prot. Agency, No. 18-9507
...is required if a new or modified source would emit pollutants above certain thresholds. 42 U.S.C. §§ 7475(a), 7479(1), 7502(c)(5) ; 40 C.F.R. §§ 51.165(a)(1)(iv)(A), (1)(v)(A), 51.166(b)(1)(i), (b)(2)(i). Only minor NSR is required if emissions would fall below the applicable thresholds. 42......
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Tennessee Valley Authority v. Whitman, No. 00-15936.
...to achieve the lowest achievable emission rate and to provide enforceable emissions offsets. The EPA has promulgated regulations, see 40 C.F.R. § 51.165, governing the approval of state nonattainment NSR 14. The NSPS program requires that the EPA issue federal performance standards, based u......
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8 firm's commentaries
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Reducing Ozone Regulation Costs Under the New Administration
...20 Id.; see also 42 U.S.C. §§ 7511 – 7515. 21 42 U.S.C. § 7511a(2)(C). 22 See 42 U.S.C. §§ 7511a(a)(4); (b)(5); (c)(10); (d)(2); (e)(1); 40 CFR § 51.165. 23 See 42 U.S.C. § 7503(c). 24 See EPA’s own analysis of offset costs within its Regulatory Impact Analysis of the Proposed Revisions the......
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"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"
...in an adjacent downwind area. A source exceeding a SIL would be required to reduce or offset emissions in order to obtain a permit. 40 CFR 51.165(b)(2) and (3). EPA adopted SILs for NO2, SO2, PM10 and CO for this purpose. EPA had not, prior to the adoption of SILs for PM2.5, issued a regula......
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EPA Reinforces Standards to Use "Representative Data" After Sierra Club
...that we provided in the preamble to the Federal Register notice when we promulgated these provisions. The third SIL provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect. The Court also vacated the parts of these two regulations that establish a PM2.5 Significant Monitoring ......
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Plants Must Actually be “Adjacent” to Constitute a Single Source for Air Permitting Purposes
...test” is used under the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) programs). See 40 C.F.R. §§ 70.2, 71.2, 51.165(a)(l)(i) and (ii), and 51.166(b)(5) and (6), and 52.2l(b)(5) and (6). Thus, where facilities belong in the same industrial grouping and are operated und......
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8 books & journal articles
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The State Implementation Plan Process
...in the statute. 154 his requirement has become controversial, and in spring 2009 EPA was working on guidance that would allow 153. 40 C.F.R. §51.165(a)(3)(ii)(C)(1). 154. 42 U.S.C. §7511d, CAA §185. Page 76 Air Pollution Control and Climate Change Mitigation Law states to utilize alternativ......
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EPA's Fine Particulate Air Pollution Control Program
...and Fuel Additives Under Section 211 of the Clean Air Act (Symposium on Energy Law), 29 Tulsa L.J. 485-540 (1994). 19. See, e.g. , 40 C.F.R. §51.165(a)(iv)(A) & (B). be averaged. Annual or daily levels are commonly used. he “form” of the NAAQS describes how compliance over the averaging tim......
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United States v. DTE Energy Co.: A Flawed Decision With Implications for the Future Enforceability of New Source Review
...applicability). 41. 42 U.S.C. §7475(a)(4) (2006); 40 C.F.R. §52.21(j). 42. 42 U.S.C. §7501(3); 40 C.F.R. §52.21(b)(53) (referencing 40 C.F.R. §51.165(a)(1)(xiii)). 43. he NSR Program actually has two components: the Prevention of Signiicant Deterioration (PSD) program and the Nonattainment ......
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Control of Hazardous Air Pollution
...Section 112 applies to all stationary sources emitting HAPs; thus, this section covers 75. 42 U.S.C. §7412(a)(1), CAA §112(a)(1). 76. 40 C.F.R. §51.165(a)(1). 77. National Mining Ass’n v. EPA, 59 F.3d 1351, 25 ELR 21390 (D.C. Cir. 1995). Page 154 Air Pollution Control and Climate Change Mit......
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