40 C.F.R. § 60.5
Determination of construction or modification
(a) When requested to do so by an owner or operator, the Administrator will make a determination of whether action taken or intended to be taken by such owner or operator constitutes construction (including reconstruction) or modification or the commencement thereof within the meaning of this part.
(b) The Administrator will respond to any request for a determination under paragraph (a) of this section within 30 days of receipt of such request.
Notes of Decisions
Cited in 7
cases, 1979–2000 · leading case: Harrison v. PPG Indus., Inc., 446 U.S. 578 (1980).
Harrison v. PPG Indus., Inc., 446 U.S. 578 (1980). “*583 Pursuant to the procedure outlined in the "new source" regulations, 40 CFR § 60.5 (1979), PPG then submitted a formal request for an EPA determination that (1) the "new source" standards for "fossil fuel-fired steam generators" do not apply to the type of boilers in…”
Ppg Indus., Inc. v. Adlene Harrison, Reg'l Adm'r, & Douglas M. Costle, Adm'r of Env't Prot. Agency, 587 F.2d 237 (5th Cir. 1979). “” On April 13, 1977, PPG filed a formal request under 40 C.F.R. § 60.5 (1977) 3 for an EPA determination that (1) the standards of performance do not apply to boilers which, like those at PPG’s Lake Charles works, derive a substantial amount of heat from turbine exhaust gases…”
Ppg Indus., Inc. v. Adlene Harrison, Reg'l Adm'r & Anne M. Gorsuch, Adm'r of Env't Prot. Agency, 660 F.2d 628 (5th Cir. 1981). “In April 1977, after further correspondence among the parties, PPG filed a formal request under 40 C.F.R. § 60.5 (1977) 3 for an EPA determination that (1) the standards of performance do not apply to boilers which, like those at PPG’s Lake Charles works, derive a substantial…”
Star Enter. Texaco Inc. v. United States Env't Prot. Agency, 235 F.3d 139 (3rd Cir. 2000). “On July 17, 1997, pursuant to 40 C.F.R. § 60.5 , Star requested a determination of Subpart J nonapplieability from the EPA Region III office.”
Nat'l-Southwire Aluminum Co. v. United States Env't Prot. Agency, 838 F.2d 835 (6th Cir. 1988). “The EPA’s determination was issued pursuant to 40 C.F.R. § 60.5 which requires the Agency, at the request of an owner or operator of a source of pollution, to determine whether a proposed action would be a modification of the source.”
Potomac Elec. Power Co. v. Env't Prot. Agency, 650 F.2d 509 (4th Cir. 1981). “It was not until May 20,1977, however, that PEPCO, pursuant to 40 C.F.R. § 60.5 (a), requested a ruling from the EPA on whether Unit # 4 would be subject to the NSPS for fossil fuel-fired steam generating units published by the EPA on August 17, 1971.”
N. Plains Resource Councill v. United States Env't Prot. Agency, 645 F.2d 1349 (9th Cir. 1981). “See 40 CFR § 60.5 (a) (1979). In a letter sent on March 22, 1979 (but erroneously dated March 22, 1978), the Director of EPA’s Enforcement Division replied that the 1971 NSPS regulations were applicable to the units as opposed to the 1978 NSPS regulations.”
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