§1316 National Standards of Performance

Summary

EPA must make a list of types of facilities that can dump pollutants and must create federal pollution limits for new facilities in those categories. Definitions used here: "standard of performance" = the strongest pollution limit EPA finds possible using the best available controls (including no discharge when possible); "new source" = a facility whose construction begins after EPA proposes rules that will apply to it; "source" = any building or facility that may discharge pollutants; "owner or operator" = a person who owns, runs, or controls a source; "construction" = placing or installing equipment at the site. Within 90 days after October 18, 1972, EPA had to publish a list of categories (for example: pulp and paper, food and grain processing, chemicals, powerplants, metals, textiles, and others). For each listed category, EPA must propose rules within one year, take written comments, and then finalize the new-source standards within 120 days after the proposal. EPA must consider costs, other environmental effects, and energy needs and may update standards as technology changes. EPA can set different limits by class, type, size, or process and must cover federal sources too. States may apply and enforce these limits if their laws are at least as strict. If a new point source is built to meet the standards, it cannot be forced to meet tougher standards for ten years or for the facility’s depreciation/amortization period under sections 167 or 169 of title 26, whichever ends first. After a standard takes effect, operating a new source in violation of it is illegal.