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New Source Performance Standards and State Implementation Plans

CAA Topics

Section 111 of the Clean Air Act authorized the EPA to develop technology based standards which apply to specific categories of stationary sources. These standards are referred to as New Source Performance Standards (NSPS) and are found in 40 CFR Part 60. The NSPS apply to new, modified and reconstructed affected facilities in specific source categories such as manufacturers of glass, cement, rubber tires and wool fiberglass. As of 2005, there were approximately 75 NSPS.

The NSPS are developed and implemented by EPA and are delegated to the states. However, even when delegated to the states, EPA retains authority to implement and enforce the NSPS.

Compliance Monitoring Program

Sources subject to NSPS are required to perform an initial performance test to demonstrate compliance. To demonstrate continuous compliance, some NSPS require sources to utilize continuous emission monitors. Sources may also be required to monitor control device operating parameters to demonstrate continuous compliance. Consistent with EPA’s Clean Air Act Stationary Source Compliance Monitoring Strategy (PDF) (14 pp, 71K, About PDF), NSPS sources that meet the Clean Air Act definition of “major source” generally receive a full compliance evaluation by the state or regional office at least once every two years.

Also, the Agency issued National Stack Testing Guidance (PDF) (12 pp, 127K, About PDF) which focuses on those issues associated with the conduct of stack tests and the interpretation of the test results.

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State Implementation Plans

Section 110 of the Clean Air Act requires states to submit to EPA State Implementation Plans (SIPs) (PDF) (2 pp, 151K, About PDF) which provide for the implementation, attainment, maintenance and enforcement of the National Ambient Air Quality Standards.

States have the primary role for enforcing SIPs. However, upon approval by EPA, SIPs become enforceable as federal law. Federal requirements for SIPs can be found in 40 CFR Part 51.

EPA has information on Clean Air Act key SIP provisions (PDF). (18 pp, 455K, About PDF)

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Compliance Assistance | Compliance Monitoring | Compliance Incentives


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