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conflict of laws

additional monitoring and reporting requirements under other pollution control programs, UIC permits and

modification of facility by physical change leading to emissions increase

zoning laws and UIC permits

consent agreements, orders, and decrees

Nucor Steel consent decree, requirement of permitting agency to consider SCR system design specifications in

significance of Regional negotiation and issuance of

Constitutional issues

federalism principles, NPDES permit violating

Fourteenth Amendment rights (See subhead “due

process," this entry)

free speech, NPDES permit conditions violating right of

9:261-262

9:418-419

.. 9:278

9:762

. 12:713-717, 12:733-735

10:112-117,

10:122-125

10:112-117,

10:122-125

construction and interpretation of statutes and regulations alternative performance test methods

11:101-104

emissions units requiring BACT for purposes of PSD permit, what constitutes

11:603-604

NPDES permit conditions, request for evidentiary hearing on

11:543-544

cost-benefit and cost-effectiveness analyses (See Costbenefit and cost-effectiveness analyses)

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dicta as to definition of Indian trust lands for purposes of

NPDES permits

disparate treatment claims

BAT determinations for thermal discharge limits

BTA determinations for cooling intake limits

dispute resolution clauses

due process

evidentiary hearing on NPDES permit conditions

13:100-109

11:362, 11:364, 11:372

12:536, 12:541, 12:546-547

modification of permit, corrective action requirements

without

Supreme Court's three-part test for determining

enforcement concerns (See Enforceability issues, permit appeals)

12:604-611

9:506-509

11:560-563

9:506-511

9:507

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UIC permit requirements for geothermal power plant environmental justice (See Environmental justice, permit appeals) environmental performance history, PSD permit review not

granted due to .

error (See Error, permit appeals)

evidence

burden of proof (See Burden of proof, permit appeals)

sufficiency of soil and vegetation analysis, PSD permit

process

witness testimony, UIC permits

evidentiary hearings (See Evidentiary hearings, permit appeals)

fact, errors in (See Clearly erroneous determinations of fact or law, permit appeals)

failure to link challenges to permit conditions or

regulations

fair notice of permit requirements and penalty assessment
forum

NAAQS, proper forum for challenging
TMDL, proper forum for challenging

hearings

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10:520

9:511-512

9:275-276

10:239

9:237-239

9:297

12:296

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evidentiary (See Evidentiary hearings, permit appeals) public (See Public comment period or public hearing on

draft permit)

intervention motions, request for evidentiary hearing on

NPDES permit conditions

11:533-535

joint liability of permittee with co-permittees, NPDES permits

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law, errors in (See Clearly erroneous determinations of fact

or law, permit appeals)

liability of permittees and co-permittees, NPDES permits

10:116,

10:127-128

location or place

ACWM map, failure to furnish or maintain .

10:444-446

ambient air quality analysis data, place or location of collection of

10:225-226,

10:228-237

PSD permit for industrialized area with topographical and meteorological factors

mailing dates, untimely petition to review NPDES permit conditions

mitigation, NPDES permit conditions failing to address monitoring requirements (See Monitoring requirements, permit appeals)

mootness issues

imposition of RCRA interim measures

statutory requirements ultimately used as basis for permit conditions

motions

administrative record, motions to supplement or strike (See under Administrative record)

intervention motion requesting evidentiary hearing on NPDES permit conditions

9:717-720

10:132-134

10:501-502

... 9:511-512

12:536-538

11:533-535

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9:276-277, 9:287-288, 10:132-134, 10:703, 11:535-537, 11:549-558

place or location (See subhead "location or place," this

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preservation of issue for review, public comment period or

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public comment period or public hearing (See Public
comment period or public hearing on draft permits)
public participation in development of environmental
justice analysis by Region

recordkeeping requirements (See Recordkeeping
requirements, permit appeals)

remands (See Remands, permit appeals)

remediation/reclamation requirements (See

Remediation/reclamation requirements, NPDES

permits)

reporting requirements (See Reporting requirements, permit
appeals)

retroactivity, CWA/NPDES Phase II rule promulgated after

permit issuance

11:496

9:15-17,
9:732-737

12:515, 12:597,
12:598-600, 12:611-618

settlement in Nucor Steel consent decree, requirement of
permitting agency to consider SCR system design
specifications in

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site-specific analysis (See Site-specific analysis, permit
appeals)

specificity (See Specificity, permit appeals)

standard of review (See Standard of review, permit appeals)

standing to seek review (See Standing to seek review,

permit appeals)

state laws (See State laws, permit appeals)

stay of proceedings, reissuance of permit for withdrawn

conditions

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9:762

11:697-698,

11:706

12:100-102

9:237-239

12:9-14

12:612

9:707

supplementation of appeal, denial of

technical feasibility (See Technical feasibility issues,

permit appeals)

testing requirements, excessive and burdensome nature of

timeliness issues (See Time and timeliness issues, permit appeals)

variances

CWA 1021 316(a), under (See under Cooling water

intake and thermal discharge limitations)

10:701-710

five-day maximum exceedance frequency for thermal
discharges, NPDES permittee seeking

witness testimony, UIC permits

Permit

after-the-fact issuance of .

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appeal procedures (See Permit appeal procedures)
application for permit, compliance order for modified

facilities now subject to NSR permit requirements
area versus individual UIC permits for geothermal power
plants

CAA

PSD permits (See Prevention of Significant
Deterioration (PSD) permits)

Title V permits

13:421-423

9:297

11:413

9:465-469

9:254-255

.. 12:23-53, 12:474, 12:481

certification issues (See Certification, permit appeals)
CGPS (construction general permits), storm water
discharges for large-scale construction activities
compliance with conditions, ensuring

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public comment period or public hearing (See Public
comment period or public hearing on draft permit)

Federal Register, publication of permit standards in
issuance of permit, proper procedures for

minor permit modification process used to correct
typographical errors

mitigation

10:463

12:248-252

12:472-489

. . 9:764

11:472-477
12:718-720

12:494,

12:705-706, 12:707

failing to address mitigation efforts in NPDES permit ... 10:501-502
mitigation discharges in NPDES permits

11:704-707, 11:787-793

pendency of permit, mitigating penalty factors based on . . . 11:411-413
modification of (See Modification of permits)

monitoring requirements (See Monitoring requirements)

NPDES permits (See National Pollutant Discharge

Elimination System (NPDES) permits)

NSR permits (See New source review (NSR) preconstruction permits)

OCS air regulation minor source permits (See Outer

Continental Shelf (OCS) permits)

oral approval ..

preconstruction permits

11:412-413

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