New Source Performance Standard

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New Source Performance Standards (NSPS) are pollution control standards issued by the United States Environmental Protection Agency (EPA). The term is used in the Clean Air Act Extension of 1970 (CAA) to refer to air pollution emission standards, and in the Clean Water Act (CWA) referring to standards for water pollution discharges of industrial wastewater to surface waters.

A technical standard is an established norm or requirement in regard to technical systems. It is usually a formal document that establishes uniform engineering or technical criteria, methods, processes, and practices. In contrast, a custom, convention, company product, corporate standard, and so forth that becomes generally accepted and dominant is often called a de facto standard.

United States Environmental Protection Agency Agency of the U.S. Federal Government

The Environmental Protection Agency (EPA) is an independent agency of the United States federal government for environmental protection. President Richard Nixon proposed the establishment of EPA on July 9, 1970 and it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its Administrator, who is appointed by the President and approved by Congress. The current Administrator is former Deputy Administrator Andrew R. Wheeler, who had been acting administrator since July 2018. The EPA is not a Cabinet department, but the Administrator is normally given cabinet rank.

Air pollution introduction of particulates, biological molecules, or other harmful materials into the Earths atmosphere

Air pollution occurs when harmful or excessive quantities of substances including gases, particles, and biological molecules are introduced into Earth's atmosphere. It may cause diseases, allergies and even death to humans; it may also cause harm to other living organisms such as animals and food crops, and may damage the natural or built environment. Both human activity and natural processes can generate air pollution.

Contents

Introduction

Some pollution control laws are organized with varying degrees of stringency. The different standards may be based on several factors, including whether the pollution source is an existing facility at the time the standard is published, or is constructed after publication. The standards for new sources may be more stringent than that for existing facilities, on the principle that a new plant can be designed with the latest and most advanced control technologies. [1] :82-83

Clean Air Act

The Clean Air Act NSPS dictate the level of pollution that a new stationary source may produce. These standards are authorized by Section 111 of the CAA [2] and the regulations are published in 40 CFR Part 60. [3] NSPS have been established for a number of individual industrial or source categories. Examples:

Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.

Basic process for establishing standards

  1. Identify type of emitting facility.
  2. For each type of facility, identify the type of pollutant control technology that is appropriate.
  3. From a study of all the plants and all the information available about the plants and their technologies, establish an allowed concentration of the criteria pollutants that is the upper limit of what can be emitted. [1] :84-85

Clean Water Act

Under the Clean Water Act, NSPS set the level of allowable wastewater discharges from new industrial facilities. EPA issues NSPS for categories of industrial dischargers, typically in conjunction with the issuance of effluent guidelines for existing sources. In developing NSPS, the CWA requires that EPA determine the "best available demonstrated control technology" (BADCT) for the particular industrial category. BADCT may be more stringent than the best available technology economically achievable standard used for existing dischargers. This consideration may include setting a "no discharge of pollutants standard" (also called a "zero discharge" standard) if practicable. [9] [10]

Effluent Guidelines are U.S. national standards for wastewater discharges to surface waters and publicly owned treatment works (POTW). The United States Environmental Protection Agency (EPA) issues Effluent Guideline regulations for categories of industrial sources of water pollution under Title III of the Clean Water Act (CWA). The standards are technology-based, i.e. they are based on the performance of treatment and control technologies. Effluent Guidelines are not based on risk or impacts of pollutants upon receiving waters.

The best available technology or best available techniques (BAT) is the technology approved by legislators or regulators for meeting output standards for a particular process, such as pollution abatement or pasteurization. Similar terms are best practicable means or best practicable environmental option. BAT is a moving target on practices, since developing societal values and advancing techniques may change what is currently regarded as "reasonably achievable", "best practicable" and "best available".

NSPS regulations are published at 40 CFR Subchapter N (Parts 405-499). NSPS issued by EPA include the following categories:

EPA has published a general definition of "new source" in the federal wastewater permit regulations. [20] More specialized definitions of "new source" are included in some of the individual category regulations, e.g., the definition for the Pulp, Paper and Paperboard category. [21]

See also

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Environmental Defense v. Duke Energy Corporation, 549 U.S. 561 (2007), is a United States Supreme Court case in which the Court held that while a term may be used more than once in a statute, an agency has the discretion to interpret each use of the term in a different way based on the context. In a unanimous decision, the Court held in favor of the plaintiff's argument.

References

  1. 1 2 Carruth, Russellyn S.; Goldstein, Bernard D. (2013). "Defining New Sources". Environmental Health Law: An Introduction. Hoboken, NJ: John Wiley. ISBN   9781118420874.
  2. United States. Clean Air Act, section 111, 42 U.S.C.   § 7411.
  3. U.S. Environmental Protection Agency (EPA). "Standards of Performance for New Stationary Sources." Code of Federal Regulations, 40 C.F.R. 60 .
  4. "Rule and Implementation Information for Standards of Performance for New Stationary Sources–Volatile Organic Compound Emissions from the Synthetic Organic Chemical Manufacturing Industry Wastewater". Air Toxics. EPA. 2016-02-23. 40 CFR Part 60, Subpart YYY.
  5. "Rule and Implementation Information for New Source Performance Standards for Boilers (Steam Generating Units)". Air Toxics. EPA. 2016-02-23. 40 CFR Part 60, Subparts D-Dc.
  6. "Rule and Implementation Information for Standards of Performance for Municipal Solid Waste Landfills". Air Toxics. EPA. 2016-02-23. 40 CFR Part 60, Subparts Cc and WWW.
  7. "Rule Information for Standards of Performance for New Stationary Sources–Petroleum Refineries". Air Toxics. EPA. 2016-02-23. 40 CFR Part 60, Subparts J & Ja.
  8. "Rule and Implementation Information–New Source Performance Standards for Stationary Gas Turbines". Air Toxics. EPA. 2016-02-23. 40 CFR part 60, Subpart GG.
  9. U.S. Clean Water Act, section 306(a), 33 U.S.C.   § 1316(a) .
  10. "Learn About Effluent Guidelines". EPA. 2016-01-29.
  11. EPA, Coal Mining Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 434 .
  12. EPA, Dairy Products Processing Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 405 .
  13. EPA, Inorganic Chemicals Manufacturing Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 415 .
  14. EPA, Iron and Steel Manufacturing Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 420 .
  15. EPA, Oil and Gas Extraction Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 435 .
  16. EPA, Petroleum Refining Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 419 .
  17. EPA, Pulp, Paper and Paperboard Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 430 .
  18. EPA, Sugar Processing Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 409 .
  19. EPA, Textile Mills Point Source Category Effluent Guidelines and Standards. 40 C.F.R. 410 .
  20. "EPA Administered Permit Programs: The National Pollutant Discharge Elimination System." Code of Federal Regulations, 40 C.F.R. 122.2 .
  21. EPA, Pulp, Paper and Paperboard Point Source Category. Code of Federal Regulations, 40 C.F.R. 430.01 .