§1316 National standards of performance

Summary

Sets rules for pollution limits and how they must be made and enforced for new facilities. The Administrator must publish, within 90 days after October 18, 1972, a list of kinds of sources (for example: paper, food processing, chemicals, metals, power plants, textiles, rubber, and others). For any category added to the list, the Administrator must propose rules within 1 year, let people send written comments, and then issue final standards within 120 days after proposing. The standards must be updated as technology changes. When making standards, the Administrator must consider cost, other environmental effects, and energy. The Administrator may set different rules by class, type, size, or process, and the rules also apply to new sources owned by the United States. States can get authority to apply and enforce these standards if the Administrator finds their laws are at least as strict (except for U.S.-owned new sources). Any point source whose construction began after October 18, 1972 and which was built to meet the standards cannot be made to meet stricter standards for a 10-year period after completion or until its depreciation or amortization period under section 167 or 169 of title 26 ends, whichever ends first. Once a standard is in effect, it is illegal for an owner or operator to run a new source in violation of that standard. Defined terms (one line each): standard of performance — a pollution limit based on the best available control methods; new source — a facility begun after proposed rules for it are published and later finalized; source — any building or installation that may discharge pollutants; owner or operator — anyone who owns, leases, runs, or supervises a source; construction — placing, assembling, or installing equipment on site.