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) 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 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 NAAQS, proper forum for challenging hearings 10:520 9:511-512 9:275-276 10:239 9:237-239 9:297 12:296 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 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 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 preservation of issue for review, public comment period or public comment period or public hearing (See Public recordkeeping requirements (See Recordkeeping remands (See Remands, permit appeals) remediation/reclamation requirements (See Remediation/reclamation requirements, NPDES permits) reporting requirements (See Reporting requirements, permit retroactivity, CWA/NPDES Phase II rule promulgated after permit issuance 11:496 9:15-17, 12:515, 12:597, settlement in Nucor Steel consent decree, requirement of site-specific analysis (See Site-specific analysis, permit 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 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 witness testimony, UIC permits Permit after-the-fact issuance of . appeal procedures (See Permit appeal procedures) facilities now subject to NSR permit requirements CAA PSD permits (See Prevention of Significant 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) public comment period or public hearing (See Public Federal Register, publication of permit standards in minor permit modification process used to correct mitigation 10:463 12:248-252 12:472-489 . . 9:764 11:472-477 12:494, 12:705-706, 12:707 failing to address mitigation efforts in NPDES permit ... 10:501-502 11:704-707, 11:787-793 pendency of permit, mitigating penalty factors based on . . . 11:411-413 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 |