New Source

{
  "id": "MLC-T-ENV-018563",
  "term": "New Source",
  "field": "Environment",
  "definition": "1. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: a. After promulgation of standards of performance under Section 306 of the CWA which are applicable to such source; or b. After proposal of standards of performance in accordance with Section 306 of the CWA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 of the CWA within 120 days of their proposal. c. Except as otherwise provided in an applicable new source performance standard, a source is a new source if it meets the definition in 40 CFR 122.2; and i. It is constructed at a site at which no other source is located; or ii. It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or iii. Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Director shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.\n\n2. Any stationary source built or modified after publication of final or proposed regulations that prescribe a given standard of performance.\n\n3. Any building, structure, facility or installation from which there is or could be a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards under CWA section 307(c) that will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that any of the following are true: 1) The building, structure, facility or installation is constructed at a site at which no other discharge source is located. 2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source. 3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. 4) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs (m)(1)(ii), or (m)(1)(iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment ...\n\n4. [Def1 Continued] ... 5) Construction of a new source, as defined under this paragraph, has commenced if the owner or operator has begun, or caused to begin as part of a continuous onsite construction program: a) Any placement, assembly, or installation of facilities or equipment; b) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or c) Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.\n\n5. Any stationary source, the construction or modification of which is commenced after the publication in the Federal Register of proposed national emission standards for hazardous air pollutants which will be applicable to such source.\n\n6. Any affected source for which you commenced construction or reconstruction after March 14, 2008.\n\n7. Meaning given in the applicable requirements of §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part, the definition given in § 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part.\n\n8. Any source, whose discharges are defined in 40 CFR 122.26(b)(14)(x) and (b)(15), that commences construction activity after the effective date of this rule.\n\n9. Any facility or activity of this subcategory that meets the definition of “new source” under 40 CFR 122.2 and meets the criteria for determination of new sources under 40 CFR 122.29(b) applied consistently with all of the following definitions:(i) Water area as used in “site” in 40 CFR 122.29 and 122.2 means the water area and water body floor beneath any exploratory, development, or production facility where such facility is conducting its exploratory, development or production activities.(ii) Significant site preparation work as used in 40 CFR 122.29 means the process of surveying, clearing or preparing an area of the water body floor for the purpose of constructing or placing a development or production facility on or over the site.(2) “New Source” does not include facilities covered by an existing NPDES permit immediately prior to the effective date of these guidelines pending EPA issuance of a new source NPDES permit. [40 CFR 435.11 (CFR 2013)]\n\n10. Any source discharging a toxic pollutant, the construction of which is commenced after proposal of an effluent standard or prohibition applicable to such source if such effluent standard or prohibition is thereafter promulgated in accordance with section 307.\n\n11. Any building, structure, facility, or installation from which there is or may be a “discharge of pollutants,” the construction of which commenced: (a) After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or (b) After proposal of standards of performance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal.\n\n12. Any affected source that commences construction or reconstruction after May 8, 1997 for purposes of determining the applicability of the emissions limits in Rows 1-4 of Table 2. For all other emission limits new source means any affected source that commences construction or reconstruction after November 25, 2011.\n\n13. Any affected source that commences construction or reconstruction after March 31, 1997 for purposes of determining the applicability of the emission limits in rows 1, 2 and 7 through 11 in Table 2. New source means any affected source that commences construction or reconstruction after November 25, 2011 for purposes of determining the applicability of all other emissions limits.\n\n14. Any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under section 306 of the Act which will be applicable to such source if such standard is thereafter promulgated in accordance with section 306 of the Act.\n\n15. Any building, structure, facility or installation from which there is or may be a Discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility or installation is constructed at a site at which no other source is located; or(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or(iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.\n\n16. New source criteria are defined at 40 CFR 122.29(b).\n\n17. Any building, structure, facility, or installation from which there is or may be a “discharge of pollutants,” the construction of which commenced: After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or after proposal of standards of performance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal.\n\n18. Any building, structure, facility, or installation from which there is or could be a discharge of pollutants, the construction of which commenced: a.) After promulgation of standards of performance under CWA section 306, which are applicable to such source; or b.) After proposal of standards of performance in accordance with CWA section 306, which are applicable to such source but only if the standards are promulgated in accordance with CWA section 306 within 120 days of their proposal. Additional Criteria: Except as otherwise provided in an applicable new source performance standard, a source is a new source if it meets the definition in § 122.2; and i.) It is constructed at a site at which no other source is located; or ii.) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or iii.) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Director shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.",
  "subject": "Water",
  "references": [
    "National Pollutant Discharge Elimination System (NPDES) Glossary",
    "Terms of Environment",
    "Pretreatment Acronyms and Glossary; Definition Truncated. For full definition, see Pretreatment Acronyms and Glossary at http://www.EPA.gov/TS",
    "40 CFR 403.3(m)",
    "40 CFR 61.02 (CFR 2013)",
    "40 CFR 63.11511 (CFR 2013)",
    "40 CFR 55.2 (CFR 2013)",
    "40 CFR 450.11 (CFR 2013)",
    "40 CFR 435.41 (CFR 2013)",
    "40 CFR 129.2 (CFR 2013)",
    "40 CFR 122.2 (CFR 2013)",
    "40 CFR 63.1196 (CFR 2016)",
    "40 CFR 63.1381 (CFR 2016)",
    "40 CFR 401.11 (CFR 2017)",
    "40 CFR 403.3 (CFR 2017)",
    "40 CFR 412.2 (CFR 2017)",
    "40 CFR 122.2 (CFR 2018)",
    "NPDES Permit Writers Glossary; NPDES Permit Writers Manual Glossary"
  ],
  "url": "https://mlchart.com/terminology/environment/new-source/"
}