759 



such achievement, and (iv) an estimate of the 

 date of such achievement: and 



(E) a description of the nature and extent of 

 nonpoint sources of pollutants, and recommenda- 

 tions as to the programs which must be under- 

 taken to control each category of such sources, 

 including an estimate of the costs of implement- 

 ing such programs. 



(2) The Administrator shall transmit such State 

 reports, together with an analysis thereof, to Con- 

 gress on or before October 1, 1975. and annually 

 thereafter. (June 30. 1948. ch. 758. title III. § 305, 

 as added Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 

 853.1 



§ 1316. National standardii of performance. 



(a) Definitions. 



For purposes of this section: 



( 1 ) The term "standard of performance" means 

 a standard for the control of the (discharge of pol- 

 lutants which reflect the greatest degree of effluent 

 reduction which the Administrator determines to be 

 achievable through application of the best available 

 demonstrated control technology, processes, operat- 

 ing methods, or other alternatives, including, where 

 practicable, a standard permitting no discharge of 

 pollutants. 



(2) The term "new source" means any source, the 

 construction of which is commenced after the pub- 

 lication of proposed regulations prescribing a stand- 

 ard of performance under this section which will 

 be applicable to such source, if such standard is 

 thereafter promulgated in accordance with this 

 section. 



(3) The term "source" means any building, struc- 

 ture, facility, or installation from which there is or 

 may be the discharge of pollutants. 



i'4) The term "owner or operator" means any 

 person who owns, leases, operates, controls, or su- 

 pervises a source. 



(5) The term "construction" means any place- 

 ment, assembly, or installation of facilities or equip- 

 ment (including contractual obligations to purchase 

 such facilities or equipment) at the premises where 

 such equipment will be used, including preparation 

 work at such premises. 



(b) Categories of sources; Federal standards of per- 

 formance for new sources. 



(1)(A) The Administrator shall, within ninety 

 days after October 18. 1972. publish (and from time 

 to time thereafter shall revise) a list of categories 

 of sources, which shall, at the minimum, include: 



pulp and paper mills; 



paperboard. builders paper and board mills; 



meat product and rendering processing; 



dairy product processing; 



grain mills; 



canned and preserved fruits and vegetables 

 processing; 



canned and preserved seafood processing; 



sugar processing; 



textile mills; 



cement manufacturing: 



feedlots; 



electroplating; 



organic chemicals manufacturing: 



inorganic chemicals manufacturing; 



plastic and synthetic materials manufacturing: 



soap and detergent manufacturing: 



fertilizer manufacturing: 



petroleum refining: 



iron and steel manufacturing : 



nonferrous metals manufacturing: 



phosphate manufacturing: 



steam electric powerplants; 



ferroalloy manufacturing; 



leather tanning and finishing: 



glass and asbestos manufacturing; 



rubber processing; and 



timber products processing. 

 (B) As soon as practicable, but in no case more 

 than one year, after a category of sources is included 

 in a list under subparagraph (A) of this paragraph, 

 the Administrator shall propose and publish 

 regulations establishing Federal standards of 

 performance for new sources within such category. 

 The Administrator shall afford interested persons an 

 opportunity for written comment on such proposed 

 regulations. After considering such comments, he 

 shall promulgate, within one hundred and twenty 

 days after publication of such proposed regulations, 

 such standards with such adjustments as he deems 

 appropriate. The Administrator shall, from time to 

 time, as technology and alternatives change, revise 

 such standards following the procedure required by 

 this subsection for promulgation of such standards. 

 Standards of performance, or revisions thereof, shall 

 become effective upon promulgation. In establishing 

 or revising Federal standards of performance for 

 new sources under this section, the Administrator 

 shall take into consideration the cost of achieving 

 such effluent reduction, and any non-water quality 

 environmental impact and energy requirements. 



(2) The Administrator may distinguish among 

 classes, types, and sizes within categories of new 

 sources for the purpose of establishing such stand- 

 ards and shall consider the type of process employed 

 (including whether batch or continuous). 



(3) The provisions of this section shall apply to 

 any new source owned or operated by the United 

 States. 



(c) State enforcement of standards of performance. 



Each State may develop and submit to the Ad- 

 ministrator a procedure under State law for applying 

 and enforcing standards of performance for new 

 sources located in such State. If the Administrator 

 finds that the procedure and the law of any State 

 require the application and enforcement of stand- 

 ards of performance to at least the same extent as 

 required by this section, such State is authorized 

 to apply and enforce such standards of performance 

 (except with respect to new sources owned or on- 

 erated by the United States) . 



(d) Protection from more stringent standards. 

 Notwithstanding any other provision of this chap- 

 ter, any point source the construction of which is 

 commenced after October 18. 1972. and which i."? 

 so constructed as to meet all applicable standards 

 of performance shall not be subject to any more 



