40 C.F.R. 51.165 - Permit requirements

Cite as40 C.F.R. 51.165
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497 practice notes
  • Part II
    • United States
    • Federal Register December 10, 2007
    • December 10, 2007
    ...(NSR): DEBOTTLENECKING, AGGREGATION AND PROJECT NETTING Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: This project will revise rules governing the major new source review (NSR) programs......
  • Introduction to Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, 64075-64305 [05-21048]
    • United States
    • Federal Register October 31, 2005
    • October 31, 2005
    ...APPLICABILITY LIMIT (PAL), AGGREGATION, AND DEBOTTLENECKING Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: These rules clarify when less than significant emissions increases from Page 64......
  • Reports and guidance documents; availability, etc.: Hydrogen economy; applicable statutory and regulatory provisions,
    • United States
    • Federal Register January 05, 2007
    • January 5, 2007
    ...air quality-- Sources in Covers the construction of Attainment Area. new major stationary sources or any project to an existing source. 40 CFR 51.165........ New Source Review: Permit Requirements. Major Stationary Sources in Nonattainment Area. 40 CFR part 51 New Source Review: Review of N......
  • Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
    • United States
    • Federal Register June 03, 2010
    • June 3, 2010
    ...I of the CAA. Collectively, we commonly refer to these two programs as the major NSR program. The governing EPA rules are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part Appendices S and W. There is no NAAQS for CO2or any of the other well-mixed GHGs, nor has EPA proposed any suc......
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48 cases
  • Tennessee Valley Authority v. Whitman, No. 00-15936.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 24, 2003
    ...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......
  • Natural Resources Defense Council v. E.P.A., No. 06-1045.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 10, 2009
    ...using credits from sources that shut down or curtailed operations as long ago as 1977. 70 Fed.Reg. at 71,699 (to be codified at 40 C.F.R. § 51.165). The EPA has long allowed emissions reductions occurring before a permit application to qualify as offset credits under specified circumstances......
  • New Jersey v. Envtl. Prot. Agency, No. 08-1065
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 5, 2021
    ...and Nonattainment New Source Review: Reasonable Possibility in Recordkeeping, 72 Fed. Reg. 72,607 (Dec. 21, 2007) (codified at 40 C.F.R. §§ 51.165, 51.166, 52.21 ) ("Rule"). The Rule provides that:"(vi) A ‘reasonable possibility’ under paragraph (a)(6) of this section occurs when the owner ......
  • Environmental Defense Fund, Inc. v. E.P.A., Nos. 94-1044 and 94-1062
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 19, 1996
    ...that a Page 466 source over the threshold would have upon the attainment of the national standard for that particular pollutant. See 40 C.F.R. §§ 51.165, 51.166; 45 Fed.Reg. 52,705-10 (1980). In the present proceeding, argues EDF, the EPA has not and could not prove that these exemptions ar......
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8 firm's commentaries
  • Reducing Ozone Regulation Costs Under the New Administration
    • United States
    • JD Supra United States
    • March 10, 2017
    ...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......
  • "D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"
    • United States
    • JD Supra United States
    • February 28, 2013
    ...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......
  • EPA Reinforces Standards to Use "Representative Data" After Sierra Club
    • United States
    • JD Supra United States
    • September 2, 2014
    ...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 ......
  • Plants Must Actually be “Adjacent” to Constitute a Single Source for Air Permitting Purposes
    • United States
    • LexBlog United States
    • August 9, 2012
    ...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
  • Preconstruction Permits: New Source Performance Standards and New Source Review
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...that have been delegated. 29 23. Requirements for Preparation Adoption, and Submittal of Implementation Plans, Permit Requirements, 40 C.F.R. §51.165(a) (1)(ii). 24. See, e.g. , Prevention of Signiicant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethano......
  • Black Carbon
    • United States
    • Legal pathways to deep decarbonization in the United States Part VIII - Non-Carbon Dioxide Climate Pollutants
    • March 24, 2019
    ...the CAA sets lower thresholds for some pollutants in nonattainment areas ( see CAA §182(c), (d), (e), 42 U.S.C. §7511a(c), (d), (e); 40 C.F.R. §51.165(a) (1)(iv) (requirements applicable to ozone)), the 100 tons per year threshold applies to PM 2.5 emissions. CAA §302(j), 42 U.S.C. §7602(j)......
  • The State Implementation Plan Process
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...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......
  • EPA's Fine Particulate Air Pollution Control Program
    • United States
    • Environmental Law Reporter Nbr. 44-11, November 2014
    • November 1, 2014
    ...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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