Federal Regulations for New Source Performance Standards

Abstract

Section 111 of the Clean Air Act Amendments of 1970 authorizes the U.S. Environmental Protection Agency (EPA) to impose emission standards (NSPS) on those stationary sources that are determined to be significant contributors to air pollution and that consequently endanger the public health or welfare. In five years EPA promulgated 19 final and 1 proposed NSPS for stationary sources. Section 112 of the Act authorizes EPA to promulgate national emission standards for hazardous air pollutants (NESHAPS). EPA promulgated three final and 1 proposed regulation under Section 112. In addition, EPA promulgated NSPS for three "designated" pollutants from specific sources under Section Hid. EPA’s use of Section 111 and 112 authority provides for a quick response emission control program compared to the relatively slow process of establishing additional ambient air quality standards and having the states adopt implementation plans (Section 109). Three court cases, argued in the U.S. Court of Appeals for the District of Columbia, established basic guidelines for future promulgation of NSPS although certain legal actions are still pending. Proposed amendments to the Clean Air Act would further broaden and strengthen EPA’s direct regulatory authority.