40 C.F.R. § 60.92
Standard for particulate matter
(a) On and after the date on which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall discharge or cause the discharge into the atmosphere from any affected facility any gases which:
(1) Contain particulate matter in excess of 90 mg/dscm (0.04 gr/dscf).
(2) Exhibit 20 percent opacity, or greater.
Notes of Decisions
Cited in 2
cases, 1976–1983 · leading case: Nat'l Asphalt Pavement Ass'n v. Train, 539 F.2d 775 (D.C. Cir. 1976).
Nat'l Asphalt Pavement Ass'n v. Train, 539 F.2d 775 (D.C. Cir. 1976). “40 C.F.R. § 60.92 . Those standards were promulgated pursuant to section 111(a)(1) of the Act, which defines a standard of performance as “a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best…”
United States v. Narragansett Improvement Co., 571 F. Supp. 688 (D.R.I. 1983). “No evidence was introduced at trial which would indicate that Defendant’s plant exceeds the NSPS emission limitations, found at 40 C.F.R. § 60.92 . Defendant follows a program of capital improvements whereby a major component of the asphalt concrete plant is replaced annually.”
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