Department of
Environmental Quality

New Source Performance Standards (NSPS) are federal standards adopted by the U.S. Environmental Protection Agency (EPA) to regulate air emissions of criteria pollutants by many types of industrial facilities. The standards are intended to promote use of the best air pollution control technologies.

All industries subject to NSPS must meet certain general requirements, such as monitoring and recordkeeping. In addition, certain specific requirements apply to each type of industry subject to NSPS. Each NSPS defines the facilities subject to it and prescribes emission limits for specified pollutants, compliance requirements, monitoring requirements, and test methods and procedures.

Applicability of NSPS

To date, nearly 75 NSPS have been promulgated. Among the types of industries currently subject to NSPS are petroleum dry cleaners, publication rotogravure printing, hot mix asphalt plants, kraft pulp mills, certain surface coating operations, certain smelters, certain chemical manufacturing industries, municipal solid waste landfills, and sewage treatment plants.

• Selected List of New Source Performance Standards

New NSPS are issued periodically. To determine if an NSPS has been promulgated for your industry and if it applicable to your facility, access the NSPS for your industry in the Code of Federal Regulations at 40 CFR Part 60. First look for the applicability date to determine when the NSPS was issued. If your facility was constructed or modified on or after that date, then determine if your facility meets the other applicability determining factors. If both apply, then the standard applies to your facility. If your facility was constructed prior to the applicability date and has not been modified since, it is most likely not subject to the NSPS.

NSPS Sources and Tier I Operating Permits

Facilities subject to an NSPS may be subject to Tier I air quality operating permit requirements. EPA has delegated authority to DEQ for issuing Tier I operating permits to industries in Idaho. Timelines for submitting Tier I permit applications depend upon whether the facility is classified as a major or minor NSPS source.

A major NSPS source has the potential to emit 100 tons per year or more of a regulated air pollutant. All major sources that existed before May 1, 1994, were required to apply for a Tier I permit no later than June 1, 1996. All major sources that came into existence after May 1, 1994, are required to submit a Tier I application to DEQ within 12 months of beginning operations.

• Tier I operating permit application forms and instructions

A minor or area NSPS source has the potential to emit less than 100 tons per year of a regulated air pollutant. Area sources of pollution may be subject to the Title V permitting program but are deferred from the obligation to submit an application until EPA completes a rulemaking to determine how the program should be structured for area sources and the appropriateness of any permanent exemptions. 

Regulation of NSPS Sources in Idaho

EPA has delegated authority to DEQ to regulate NSPS sources in Idaho. All facilities that are subject to NSPS regulations must still submit copies of required NSPS notifications, reports, and other documentation to both EPA and DEQ.

• EPA NSPS Delegation Letter