40 C.F.R. §51.166 - Prevention of significant deterioration of air quality
| Cite as | 40 C.F.R. §51.166 |
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77 cases
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US v. Alabama Power Co., Case No. 2:01-cv-00152-VEH.
...stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Act." 40 CFR § 51.166(b)(2)(i) (1987). Further regulations in turn addressed various elements of this definition, three of which are to the point here. First, the reg......
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Stand Up for California v. U.S. Dep't of Interior, Case No. 2:16-cv-02681-AWI-EPG
...definition for "commence" under a separate set of CAA regulations that applies to the construction of a major stationary source. See 40 C.F.R. § 51.166(b)(9). As Stand Up sees it, based on this definition, a continuous program to implement could exist only after North Fork had obtained all ......
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WildEarth Guardians v. Extraction Oil & Gas, Inc., Civil Action No. 19-cv-01286-RBJ
..."the maximum capacity of a stationary source to emit a pollutant under its physical and operational design." Id. , Part A § I.B.37; 40 C.F.R. §§ 51.166(b)(4) & 52.21(b)(4). A facility's PTE can be lowered by any physical or regulatory control that reduces its pollutants, so long as that con......
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Alaska Dept. of Environmental Conservation v. Epa, No. 02-658.
...Modifications to major emitting facilities that increase nitrogen oxide emissions in excess of 40 tons per year require a PSD permit. 40 CFR § 51.166(b)(23)(i) (2002); 18 Alaska Admin. Code § 50.300(h)(3)(B)(ii) The Act sets out preconditions for the issuance of PSD permits. Inter alia, no ......
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12 firm's commentaries
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The End of the "Functional Interdependence" Test?
...7 See 45 Fed. Reg. 52676 (Aug. 7, 1980). 8 See 40 C.F.R. §§ 51.165(a)(1)(ii), 51.166(b)(6), 52.21(b)(6), 70.2, 71.2. 9 See, e.g., 40 C.F.R. § 51.166(b)(5). 10 See CAA § 111(a)(3), 42 U.S.C. § 7411(emphasis added) (defining “stationary source” for the purpose of EPA’s New Source Performance ......
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EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth Circuit
...to respond to the Court’s decision.” Thus, it remains unclear how close two facilities must be in order for EPA 4 See, e.g., 40 C.F.R. § 51.166(b)(6). 5 Memorandum from Gina McCarthy, EPA Assistant Administrator, to Regional Administrators, re: Withdrawal of Source Determinations for Oil an......
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"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"
...(known as “increments”) or result in a violation of the NAAQS for such pollutants. This is known as the “source impact analysis.” 40 CFR 51.166(k) and 52.21(k).3 As part of the air quality analysis required for PSD permit applications, Section 165(e)(2) requires that a permit applicant gath......
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EPA Reinforces Standards to Use "Representative Data" After Sierra Club
...and remanded to the EPA for further consideration certain portions of two Prevention of Significant Deterioration (PSD) regulations(40 CFR 51.166 and 40 CFR 52.21) that address Significant Impact Levels (SILs) for PM2.5. The EPA requested this vacatur and remand of two of the three provisio......
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15 books & journal articles
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Prevention of Significant Deterioration
...political tension when the exercise of federal power inhibits projects that are desired by a state government or its citizens. 6. 40 C.F.R. §§51.166, 52.21. 7. See generally Craig N. Oren, Prevention of Signiicant Deterioration: Control-Compell ing Versus Site-Shifting, 74 Iowa L. Rev. 1 (1......
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Prevention of Significant Deterioration: A Scalpel, Not an Axe
...Prevention of Signiicant Deterioration, 39 Fed. Reg. 42510 (Dec. 5, 1974). 13. Pub. L. No. 95-95, §127, 91 Stat. 685, 731-42. 14. 40 C.F.R. §51.166 (2016) (requirements for states in adopting the PSD program into their implementation plans); 40 C.F.R. §52.21 (2016) (al- 48 ELR 10288 ENVIRON......
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Introduction to Air Pollution
...Appendix C to Part 58 of this chapter. Estimated air quality using 203. BCCA Appeal Group v. EPA, 355 F.3d 817 (5th Cir. 2003). 204. 40 C.F.R. §§51.166(l) and 52.21(l). 205. Office of Air Quality Planning & Standards, U.S. EPA, Guidelines for Regulatory Application of the Urban Airshed Mode......
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Black Carbon
...rates for several pollutants; for PM 2.5 , emissions over 15 tons per year are signiicant and thus subject to emissions limitations. 40 C.F.R. §51.166(b)(23)(i). ties. 323 Sources that trigger NNSR must meet emissions limitations relecting the lowest achievable emissions rate (LAER). 324 Un......
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8 provisions
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Chapter 15, HB 119 – BUDGET BILL
...standard or residual risk standard under section 112 ofthe federal Clean Air Act, to a particular air contaminantidentified under 40 C.F.R. 51.166, division (b)(23), for which thedirector has determined that the owner or operator of the source isrequired to install best available control te......
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Chapter 46, HB 160; Chapter 46 – EMISSION CONTROL PERMIT PROGRAM
...GENERAL PUBLIC HAS ACCESS]; Sec. 49. AS 46.14.990(5) is repealed and reenacted to read: (5) "construction" has the meaning given in 40 C.F.R. 51.166(b); Sec. 50. AS 46.14.990(9) is amended to read: (9) "emission" means a release of one or more air pollutants [CONTAMINANTS] to the atmosphe......
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Chapter 33, SB 144; Chapter 33 – EMISSION CONTROL PROGRAM PERMITS/REGS
...after the date that the permit expires. Sec. 6. AS 46.14.990(11) is amended to read: (11) "emission unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used [40 C.F.R. 51.166(b)]; Sec. 7. AS 46.14.990(27) is amended to rea......
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Act 099-0463, SB 1672 – AN ACT concerning safety
...Agency and incorporated into the Illinois State Implementation Plan to implement the requirements of Section 165 of the Clean Air Act and 40 CFR 51.166.(415 ILCS 5/9.1) (from Ch. 111 1/2, par. 1009.1) Sec. 9.1. (a) The General Assembly finds that the federal Clean Air Act, as amended, and ......
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