Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 9U.S. Environmental Protection Agency, 2000 - Environmental law |
From inside the book
Results 1-5 of 49
Page 64
... tanks was exceeded . In September 1983 , BWX suspended use of the Cold Pond and emptied its contents into the two metal tanks , because the volume of wastewater had decreased to a level that could be adequately contained by the tanks ...
... tanks was exceeded . In September 1983 , BWX suspended use of the Cold Pond and emptied its contents into the two metal tanks , because the volume of wastewater had decreased to a level that could be adequately contained by the tanks ...
Page 83
... tanks at its Facility that gave rise to the spill ; the tanks were replaced with a single above - ground oil storage tank in October 1997 . The United States Environmental Protection Agency Region I ( the “ Region " ) filed an ...
... tanks at its Facility that gave rise to the spill ; the tanks were replaced with a single above - ground oil storage tank in October 1997 . The United States Environmental Protection Agency Region I ( the “ Region " ) filed an ...
Page 84
... tanks removed the facility from SPCC jurisdiction . A straightforward reading of the SPCC regulations demonstrates that these jurisdictional cri- teria must be evaluated independently . Applied in this manner , Pepperell continued to ...
... tanks removed the facility from SPCC jurisdiction . A straightforward reading of the SPCC regulations demonstrates that these jurisdictional cri- teria must be evaluated independently . Applied in this manner , Pepperell continued to ...
Page 89
... tanks buried adjacent to the boiler room building . CTE No. 4 ( SPCC In- spection Report at 2 ) . Pepperell stored number six heating oil , sludge , and / or oil refuse in the tanks . Tr . 233-36 ( Testimony of Jon Woodward , MDEP ...
... tanks buried adjacent to the boiler room building . CTE No. 4 ( SPCC In- spection Report at 2 ) . Pepperell stored number six heating oil , sludge , and / or oil refuse in the tanks . Tr . 233-36 ( Testimony of Jon Woodward , MDEP ...
Page 90
... tanks at the Facility . Stip . No. 26. Up to the time of removal of the tanks , Pepperell had not prepared or implemented an SPCC plan . Stip . No. 27. On October 16 , 1997 , Pepperell replaced the tanks with a single 20,000 - gallon ...
... tanks at the Facility . Stip . No. 26. Up to the time of removal of the tanks , Pepperell had not prepared or implemented an SPCC plan . Stip . No. 27. On October 16 , 1997 , Pepperell replaced the tanks with a single 20,000 - gallon ...
Other editions - View all
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.