40 CFR 70.4 - State program submittals and transition

Cite as40 CFR 70.4
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164 practice notes
  • 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
    ...final action may vary from state to state. --------------------------------------------------------------------------- Consistent with 40 CFR 70.4(i), a state that wishes to change its operating permit program as a result of this final rule must apprise the EPA. The EPA will review the mate......
  • Revisions to the Petition Provisions of the Title V Permitting Program
    • United States
    • Federal Register August 24, 2016
    • August 24, 2016
    ...participation in title V permitting processes and an opportunity for judicial review in state court. CAA section 502(b)(6); see also 40 CFR 70.4(b)(3)(x) (judicial review) and 70.7(h) (public participation). The petition process co-exists with those provisions, without superseding Although ......
  • Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
    • United States
    • Federal Register June 03, 2010
    • June 3, 2010
    ...on whether the additional GHG workload is being appropriately funded. Also, EPA retains the ability to initiate a program revision under 40 CFR 70.4(i)(3) or issue a notice of deficiency under the process described in 40 CFR 70.10(b) to address fee adequacy issues, which may be uncovered du......
  • Revisions to Public Notice Provisions in Clean Air Act Permitting Programs
    • United States
    • Federal Register October 18, 2016
    • October 18, 2016
    ...the agency revises its permitting rules. Permitting Authorities Implementing EPA-Approved Operating Permit Programs In accordance with 40 CFR 70.4(i), a program revision may be necessary when the relevant federal regulations are modified or supplemented. When 40 CFR part 70 is revised after......
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16 cases
  • Romoland School Dist. v. Inland Empire Energy, No. 06-56632.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 18, 2008
    ...judicial review must be filed no later than 90 days after the final permit action, or such shorter time as the State shall designate. 40 C.F.R. § 70.4(b)(3)(x), Title V differs from earlier CAA provisions in that EPA exercises a greater degree of ongoing oversight, reviewing not only the st......
  • Com. of Va. v. Browner, No. 95-1052
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 26, 1996
    ...the proposed program contained inadequate judicial review provisions, in violation of CAA § 502(b)(6) (42 U.S.C. § 7661a(b)(6)) and 40 C.F.R. § 70.4(b)(3)(x) & (2) the proposed program would have allowed certain permits to be issued by default, in violation of § 505(b)(3) (42 U.S.C. § 7661d......
  • S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality, No. 154524
    • United States
    • Supreme Court of Michigan
    • July 17, 2018
    ...period to sue the local permitting agency (here, the MDEQ) in state court no later than 90 days after the final action on the permit. See 40 CFR 70.4(b)(3) (2017). By contrast, federal law does not require the issuance of a PTI and consequently does not mandate judicial review of the issuan......
  • Com. of Va. v. U.S., No. 95-2229
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 2, 1996
    ...in the public participation process ... and any other person who could obtain judicial review of such [decisions] under State laws. 40 C.F.R. Sec. 70.4(b)(3)(x). EPA has said that states must allow permitting decision challenges to be brought in state court by anyone who would have Article ......
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1 firm's commentaries
  • EPA Issues Rule Streamlining Process for Title V Permit Petitions
    • United States
    • JD Supra United States
    • May 8, 2020
    ...regulatory action needed by permitting authorities. However, EPA will address any needed program revisions on a case-by-case basis under 40 CFR 70.4(i), under which program revisions are 85 Fed. Reg 6431 (Feb. 5, 2020); 40 CFR 70.4(i). John (Jay) Holloway, III fin the record and why the res......

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