New Source Performance Standards (NSPS)

What is the New Source Performance Standards (NSPS)?

New Source Performance Standards (NSPS) are technology-based air pollution standards under Section 111 of the Clean Air Act (CAA). They ensure that new, modified, or reconstructed industrial sources operate using the best demonstrated control technologies. The aim is to reduce overall pollution levels to acceptable levels. Each standard is codified under 40 CFR Part 60 and broken into subparts by industry sector and pollutant type. The official NSPS table is found on EPA’s NSPS webpage. The general set of emissions that are regulated include:

• • Criteria Pollutants
  • Non-Criteria Pollutants (e.g. acid mists, landfill gas, fluorides)

Who Must Comply with NSPS?

The applicability of NSPS depends on the type of facility, its size and the materials that are handled. Facilities that operate “Affected facilities” must comply if they:

• • Belong to an industry source category regulated under 40 CFR Part 60
  • Has been constructed, modified, or reconstructed after the subpart’s applicability date
  • Emits pollutants covered by applicable NSPS subpart

NSPS Key Features

The key components to note for NSPS include:

1. 1. Technology-Based Standards – Based on the Best System of Emission Reduction (BSER) that has been demonstrated for specific industry
   2. Emission Limitations – Numerical limit for regulated pollutants
   3. Monitoring, Testing, Reporting, Recordkeeping – Requirement for compliance (often include opacity monitoring, performance testing, or Continuous Emissions Monitoring Systems)
   4. Review & Revision – EPA periodically reviews NSPS subpart every 8 years (5 years for solid waste combustion units such as incinerators)
   5. State Implementation Plan – States often enforce NSPS through permits (e.g. Title V operating permits)

NSPS Compliance Requirements

While specific obligations vary by subpart, a typical NSPS compliance includes:

• • Initial Performance Testing
  • Continuous/Periodic Monitoring
  • Recordkeeping
  • Reporting

SEC helps facilities identify all applicable NSPS subparts, manage testing and monitoring requirements, and streamline reporting processes.