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U.S. Code as of:
01/19/04
Section 1316. National standards of performance
(a) Definitions
For purposes of this section:
(1) The term "standard of performance" means a standard for the
control of the discharge of pollutants which reflect the greatest
degree of effluent reduction which the Administrator determines to
be achievable through application of the best available
demonstrated control technology, processes, operating methods, or
other alternatives, including, where practicable, a standard
permitting no discharge of pollutants.
(2) The term "new source" means any source, the construction of
which is commenced after the publication of proposed regulations
prescribing a standard of performance under this section which will
be applicable to such source, if such standard is thereafter
promulgated in accordance with this section.
(3) The term "source" means any building, structure, facility, or
installation from which there is or may be the discharge of
pollutants.
(4) The term "owner or operator" means any person who owns,
leases, operates, controls, or supervises a source.
(5) The term "construction" means any placement, assembly, or
installation of facilities or equipment (including contractual
obligations to purchase such facilities or equipment) at the
premises where such equipment will be used, including preparation
work at such premises.
(b) Categories of sources; Federal standards of performance for new
sources
(1)(A) The Administrator shall, within ninety days after October
18, 1972, publish (and from time to time thereafter shall revise) a
list of categories of sources, which shall, at the minimum,
include:
pulp and paper mills;
paperboard, builders paper and board mills;
meat product and rendering processing;
dairy product processing;
grain mills;
canned and preserved fruits and vegetables processing;
canned and preserved seafood processing;
sugar processing;
textile mills;
cement manufacturing;
feedlots;
electroplating;
organic chemicals manufacturing;
inorganic chemicals manufacturing;
plastic and synthetic materials manufacturing;
soap and detergent manufacturing;
fertilizer manufacturing;
petroleum refining;
iron and steel manufacturing;
nonferrous metals manufacturing;
phosphate manufacturing;
steam electric powerplants;
ferroalloy manufacturing;
leather tanning and finishing;
glass and asbestos manufacturing;
rubber processing; and
timber products processing.
(B) As soon as practicable, but in no case more than one year,
after a category of sources is included in a list under
subparagraph (A) of this paragraph, the Administrator shall propose
and publish regulations establishing Federal standards of
performance for new sources within such category. The Administrator
shall afford interested persons an opportunity for written comment
on such proposed regulations. After considering such comments, he
shall promulgate, within one hundred and twenty days after
publication of such proposed regulations, such standards with such
adjustments as he deems appropriate. The Administrator shall, from
time to time, as technology and alternatives change, revise such
standards following the procedure required by this subsection for
promulgation of such standards. Standards of performance, or
revisions thereof, shall become effective upon promulgation. In
establishing or revising Federal standards of performance for new
sources under this section, the Administrator shall take into
consideration the cost of achieving such effluent reduction, and
any non-water quality, environmental impact and energy
requirements.
(2) The Administrator may distinguish among classes, types, and
sizes within categories of new sources for the purpose of
establishing such standards and shall consider the type of process
employed (including whether batch or continuous).
(3) The provisions of this section shall apply to any new source
owned or operated by the United States.
(c) State enforcement of standards of performance
Each State may develop and submit to the Administrator a
procedure under State law for applying and enforcing standards of
performance for new sources located in such State. If the
Administrator finds that the procedure and the law of any State
require the application and enforcement of standards of performance
to at least the same extent as required by this section, such State
is authorized to apply and enforce such standards of performance
(except with respect to new sources owned or operated by the United
States).
(d) Protection from more stringent standards
Notwithstanding any other provision of this chapter, any point
source the construction of which is commenced after October 18,
1972, and which is so constructed as to meet all applicable
standards of performance shall not be subject to any more stringent
standard of performance during a ten-year period beginning on the
date of completion of such construction or during the period of
depreciation or amortization of such facility for the purposes of
section 167 or 169 (or both) of title 26 whichever period ends
first.
(e) Illegality of operation of new sources in violation of
applicable standards of performance
After the effective date of standards of performance promulgated
under this section, it shall be unlawful for any owner or operator
of any new source to operate such source in violation of any
standard of performance applicable to such source.
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