40 C.F.R. §125.83 - What special definitions apply to this subpart?

Cite as40 C.F.R. §125.83
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13 cases
  • Voices of Wetlands v. State Water Res. Bd.
    • United States
    • California Court of Appeals
    • 14 décembre 2007
    ...at p. 125.) By regulatory interpretation: "Minimize means to reduce to the smallest amount, extent, or degree reasonably possible." (40 C.F.R. § 125.83 (2001) [Phase I final regulations]; see also, e.g., General Counsel Opinion 63, p. 9 [equating minimize with "reduce to the smallest possib......
  • Riverkeeper, Inc. v. United States Environmental Protection Agency, No. 02-4005 (2nd Cir. 2/3/2004), 02-4005.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 3 février 2004
    .... . . ." UWAG Br. at 11. 30. The EPA defines minimize as "to reduce to the smallest amount, extent, or degree reasonably possible." 40 C.F.R. § 125.83; Final Rule, 66 Fed. Reg. at 65,275 col. 31. By most we mean 73 percent of manufacturing facilities and 62 percent of power plants. NODA, 66......
  • Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 04-6692-ag(L).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 25 janvier 2007
    ...water intake structure whose design capacity is increased to accommodate 475 F.3d 118 the intake of additional cooling water." See 40 C.F.R. § 125.83. A "new source" under section 122.29 is a facility that (1) "is constructed at a site at which no other source is located," (2) "totally repl......
  • Riverkeeper, Inc. v. U.S. E.P.A., Docket No. 02-4005.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 3 février 2004
    ...UWAG Br. at 11. 30. The EPA defines minimize as "to reduce to the smallest amount, extent, or degree reasonably possible." 40 C.F.R. § 125.83; Final Rule, 66 Fed.Reg. at 65,275 col. 31. By most we mean 73 percent of manufacturing facilities and 62 percent of power plants. NODA, 66 Fed.Reg. ......
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1 firm's commentaries
  • USEPA Describes Proposed 316(b) Standards as “Common Sense”
    • United States
    • LexBlog United States
    • 1 avril 2011
    ...added to an existing facility which increases its capacity and neither replaces an existing unit nor constitutes a “new facility” under 40 C.F.R. 125.83. USEPA’s definition indicates that a replacement unit or repowered unit (as opposed to an additional unit), would not be treated as a new ......
1 books & journal articles
  • Technology-based standards
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 juillet 2017
    ...hat determination could plausibly involve a consideration of the beneits derived from reductions and the costs of achieving them. Cf. 40 CFR § 125.83 (deining “minimize” for purposes of the Phase I regulations as “reduc[ing] to the smallest amount, extent, or degree reasonably possible”). I......

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