New Source Performance Standard - Clean Water Act

Clean Water Act

NSPS under the CWA 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" for the particular industrial category. This consideration may include setting a "no discharge of pollutants standard" (also called a zero discharge standard) if practicable.

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

  • Coal Mining
  • Dairy Products Processing
  • Inorganic Chemicals Manufacturing (including a zero discharge requirement for several subcategories)
  • Iron and Steel Manufacturing
  • Oil and Gas Extraction
  • Petroleum Refining
  • Pulp, Paper and Paperboard
  • Sugar Processing (including a zero discharge requirement for one subcategory)
  • Textile Mills

EPA has published a general definition of "new source" in the federal wastewater permit regulations. 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.

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