New discharger

{
  "id": "MLC-T-ENV-018525",
  "term": "New discharger",
  "field": "Environment",
  "term_source": "New Discharger",
  "definition": "1. Any building, structure, facility, or installation: a. From which there is or may be a discharge of pollutants; b. That did not commence the discharge of pollutants at that particular site prior to August 13, 1979; c. Which is not a new source; and d. Which has never received a finally effective NPDES permit for discharges at that site.\n\n2. Any building, structure, facility, or installation: a.) From which there is or may be a discharge of pollutants. b.) That did not begin the discharge of pollutants at that site before August 13, 1979. c.) That is not a new source. d.) That has never received a finally effective NPDES permit for discharges at that site. This definition includes an indirect discharger that begins discharging into waters of the United States after August 13, 1979. It also includes any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979, at a site under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is in an area determined by the Regional Administrator in the issuance of a final permit to be an area or biological concern. In determining whether an area is an area of biological concern, the Regional Administrator must consider the factors specified in §§ 125.122(a)(1) - 125.122(a)(10).\n\n3. Any building, structure, facility, or installation: From which there is or may be a “discharge of pollutants;” That did not commence the “discharge of pollutants” at a particular “site” prior to August 13, 1979; which is not a “new source;” and which has never received a finally effective NPDES permit for discharges at that “site.” This definition includes an “indirect discharger” which commences discharging into “waters of the United States” after August 13, 1979. It also includes any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a “site” for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979, at a “site” under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the Regional Administrator in the issuance of a final permit to be an area or biological concern. In determining whether an area is an area of biological concern, the Regional Administrator shall consider the factors specified in 40 CFR 125.122(a) (1) through (10). An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a “new discharger” only for the duration of its discharge in an area of biological concern.\n\n4. An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a new discharger only for the duration of its discharge in an area of biological concern.",
  "subject": "Water",
  "references": [
    "National Pollutant Discharge Elimination System (NPDES) Glossary",
    "NPDES Permit Writers Glossary; NPDES Permit Writers Manual Glossary",
    "40 CFR 122.2 (CFR 2018); 40 CFR 122.2 (CFR 2019)",
    "NPDES Permit Writers Manual Glossary"
  ],
  "url": "https://mlchart.com/terminology/environment/new-discharger/"
}