Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 9U.S. Environmental Protection Agency, 2000 |
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Page 165
... IDEM ” ) to Steel Dynamics , Inc. ( “ SDI " ) for the construction of a new steel mill in Whitley County , Indiana . Petitioners raise a multitude of procedural and substantive challenges to the terms of SDI's permit . The U.S. ...
... IDEM ” ) to Steel Dynamics , Inc. ( “ SDI " ) for the construction of a new steel mill in Whitley County , Indiana . Petitioners raise a multitude of procedural and substantive challenges to the terms of SDI's permit . The U.S. ...
Page 166
... IDEM may reconsider its analysis of the proposed steel mill's potential to emit lead . Although IDEM concluded that the mill need not install BACT to control emissions of lead because the projected lead levels fell below the applicable ...
... IDEM may reconsider its analysis of the proposed steel mill's potential to emit lead . Although IDEM concluded that the mill need not install BACT to control emissions of lead because the projected lead levels fell below the applicable ...
Page 167
... IDEM did not err by failing to specify all information petitioners seek ; and Petitioners ' contention that IDEM underestimated PM emissions from slag- handling operations fails where arguments are based on outdated and incom- plete ...
... IDEM did not err by failing to specify all information petitioners seek ; and Petitioners ' contention that IDEM underestimated PM emissions from slag- handling operations fails where arguments are based on outdated and incom- plete ...
Page 168
... IDEM's handling of information pertaining to BACT for NOx emissions from the reheat furnace , see II.B.3.a ; and Enforceability of limit on emissions of lead from the EAF , which the Board finds may be rendered moot on remand of the ...
... IDEM's handling of information pertaining to BACT for NOx emissions from the reheat furnace , see II.B.3.a ; and Enforceability of limit on emissions of lead from the EAF , which the Board finds may be rendered moot on remand of the ...
Page 169
... IDEM acts as EPA's delegate under the PSD program , IDEM's PSD permits are considered EPA - issued permits , and appeals of the permit decisions are heard by the Environmental Appeals Board ( " Board " ) pursuant to 40 C.F.R. § 124.19 ...
... IDEM acts as EPA's delegate under the PSD program , IDEM's PSD permits are considered EPA - issued permits , and appeals of the permit decisions are heard by the Environmental Appeals Board ( " Board " ) pursuant to 40 C.F.R. § 124.19 ...
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Common terms and phrases
accelerated decision adequately wet administrative Agency AIRX alleged analysis appeal applicable argues argument assessed ATSD BACT baghouse Bil-Dry Board Brief Chempace civil penalty Clean Air Act complaint Compliance Order contained Cumberland Unit denied determination draft permit drums DuPont emissions increase emissions limits Environmental EPA Enforcement Ex EPA's evidence evidentiary hearing facility failed federal FIFRA section filed Final Permit hazardous waste IDEM's Initial Decision issue John Sevier Knauf labeling liability MDEP ment Microban motion NPDES NSR Manual operation Penalty Policy Pepperell permit decision pesticide products petition for review petitioners physical changes pollutants Presiding Officer Presiding Officer's proposed PSD permit public comment period RCRA record Region registration regulations remand requirements Rogers SDI's SPCC Spitzer Squam River Sultan tanks testimony Tifa tion TVA's U.S. EPA Union Pet'n violation
Popular passages
Page 76 - When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Page 342 - Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented.
Page 153 - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
Page 53 - UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT. — The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
Page 290 - ... any adverse environmental effects which cannot be avoided should the proposal be implemented, - alternatives to the proposed action, - the relationship between local short-term uses of man's environment and the maintenance and enhancement of longterm productivity, and - any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
Page 343 - A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question.
Page 74 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 598 - ... (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Page 239 - Any national secondary ambient air quality standard prescribed, under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air.
Page 132 - In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.