CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 799 F.2d 687
...Once these special information requirements have been satisfied, the Regional Administrator is required to make “an initial determination whether the facility is a new source within 30 days,” 40 C.F.R. § 122 .-21(k)(ii), by applying the criteria set forth in 40 C.F.R. § 122.29 (b)....
...§§ 4321 etseq., is applicable to the initial issuance of an NPDES permit to a new source. See 33 U.S.C. § 1371 (c)(1). Thus, where the Regional Administrator initially determines that a facility is a new source for NPDES permitting purposes, the requirement for environmental review is triggered. C.F.R. §§ 6.604(a),
122.29(c)(1), and
122.21(k)(3)....
...) the process or production equipment that causes the discharge of pollutants from the existing source is totally replaced by this construction, or (B) the construction results in a change in the nature or quantity of pollutants discharge. 40 C.F.R. § 122.29 (b)(1) (1984)....
