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eBook details

• Title: Star Enterprise v. United States Environmental Protection Agency
• Author : Third Circuit U.S. Court Of Appeals
• Release Date : January 07, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

As amended December 27, 2001. On Petition for Review of a Final Action by The United States Environmental Protection Agency Argued July 15, 1999 Opinion filed: December 7, 2000 OPINION OF THE COURT The United States Environmental Protection Agency (EPA) determined that the ""Standards of Per formance for Petroleum Refineries,"" promulgated under the Clean Air Act and codified at 40 C.F.R. SS 60.100-60.109 (1999) (Subpart J), applied to two stationary gas turbines located in an electrical power plant complex in Delaware City, Delaware. The petitioners challenge this determination. Because we conclude that the stationary gas turbines at issue in this case are not ""in"" a ""petroleum refinery,"" we hold that these turbines are not ""affected facilities"" as defined at 40 C.F.R. S 60.100(a) and therefore are not subject to regulation under the ""Standards of Performance for Petroleum Refineries."" For that reason, the EPA erred in determining that these performance standards are applicable to the gas turbines at issue in this case.

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