Star Enterprise Texaco Inc. v. United States Environmental Protection Agency
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit Judge.
The United States Environmental Protection Agency (EPA) determined that the “Standards of Performance for Petroleum Refineries,” promulgated under the Clean Air Act and codified at 40 C.F.R. §§ 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…
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