§ 1316. — National standards of performance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1316]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 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.
(June 30, 1948, ch. 758, title III, Sec. 306, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 854.)
Discharges From Point Sources in United States Virgin Islands
Attributable to Manufacture of Rum; Exemption; Conditions
Discharges from point sources in the United States Virgin Islands in
existence on Aug. 5, 1983, attributable to the manufacture of rum not to
be subject to the requirements of this section under certain conditions,
see section 214(g) of Pub. L. 98-67, set out as a note under section
1311 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1311, 1313, 1314, 1317,
1319, 1323, 1326, 1341, 1342, 1365, 1367, 1369, 1371, 1374 of this
title; title 42 section 6925.
