40 C.F.R. 51.166 - Prevention of significant deterioration of air quality

Cite as40 C.F.R. 51.166
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706 practice notes
77 cases
  • Voices of Wetlands v. State Water Res. Bd., No. H028021.
    • United States
    • California Court of Appeals
    • December 14, 2007
    ...Hill v. Bay Area Air Quality Management Dist., supra, 118 Cal.App.4th at p. 867, 13 Cal. Rptr.3d 420, citing 42 U.S.C. §§ 7470-7479 and 40 C.F.R. § 51.166 (2003).) A PSD permit "is a federal approval." (City of Morgan Hill, at p. 879, 13 Cal.Rptr.3d 420.) As a federal approval, the PSD perm......
  • U.S. v. Duke Energy Corporation, No. CIV. 1:00CV01262.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • August 26, 2003
    ...stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Act." 40 C.F.R. § 51.166(b)(2)(i) (1987) (Duke Energy Ex. 21). Accordingly, to trigger the PSD's permitting requirement and the requirement to install pollution contr......
  • Stand Up for California! v. United States Dep't of Interior, 2:16-cv-02681-AWI-EPG
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 5, 2021
    ...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 ......
  • Steel-Arkansas v. Pruitt, No. 14-cv-0199 (KBJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 31, 2017
    ...at 18-19 & nn.8-9 (emphasizing that PSD review is not required for changes that do not amount to "major modifications")); see also 40 C.F.R. § 51.166(a)(7)(i), (b)(2)(i); Envt'l Def. v. Duke Energy Corp., 549 U.S. 561, 568-69 (2007). Moreover, the EPA continues, even those permit modificati......
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12 firm's commentaries
  • The End of the "Functional Interdependence" Test?
    • United States
    • JD Supra United States
    • August 13, 2012
    ...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 ......
  • EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth Circuit
    • United States
    • JD Supra United States
    • January 24, 2013
    ...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......
  • "D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"
    • United States
    • JD Supra United States
    • February 28, 2013
    ...(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......
  • EPA Reinforces Standards to Use "Representative Data" After Sierra Club
    • United States
    • JD Supra United States
    • September 2, 2014
    ...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
  • Introduction to Air Pollution
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...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......
  • Preconstruction Permits: New Source Performance Standards and New Source Review
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...gone through 57. United States v. Mead Corp . , 533 U.S. 218 (2001). 58. 57 Fed. Reg. 32314. 59. 889 F.2d 292 (1st Cir. 1989). 60. 40 C.F.R. §§51.166(b)(21)(iv), 52.21(b)(21)(iv). 61. Prevention of Signiicant Deterioration (PSD) and Nonattainment New Source Review (NSR): Baseline Emissions ......
  • Preventing Significant Deterioration Under the Clean Air Act: Area Classification, Initial Allocation, and Redesignation
    • United States
    • Environmental Law Reporter Nbr. 41-1, January 2011
    • January 1, 2011
    ...in excess of any NAAQS. See CAA §165(a)(3)(B), 42 U.S.C. §7475(a) (3)(B). See also Stensvaag, supra note 2, at 10812 & ig. 5. 13. 40 C.F.R. §51.166(k). See also 40 C.F.R. §52.21(k). It is somewhat confusing that there are two essentially identical sets of PSD regulations. EPA explains: “EPA......
  • Prevention of Significant Deterioration
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...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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1 provisions
  • Chapter 33, SB 144 – EMISSION CONTROL PROGRAM PERMITS/REGS
    • United States
    • Alaska Session Laws
    • January 1, 2005
    ...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 read:......

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