40 CFR 52.1388
§ 52.1388 Stack height regulations.
United States · 40 CFR — Protection of Environment · Status: effective
Cite this
- Citation
- 40 CFR 52.1388, § 52.1388 Stack height regulations, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/170609
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Full text
The State of Montana has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality Bureau, stated:
* * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modifies the July 8, 1985 regulations, EPA will notify the State of the rules that must be changed to comply with the EPA's modified requirements. The State of Montana agrees to make the appropriate changes.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.