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.

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.

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. Contact EPA for verification.

EPA has delegated authority to DEQ to regulate NSPS sources in Idaho as outlined in the July 2007 delegation letter. 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.

> Link to EPA NSPS delegation letter (pdf 1.6 mb, 12 pages).

Some NSPS are currently being challenged in court, and a portion of one has been recently vacated.  The affected standard is listed in the table below.  It should be noted that DEQ annually requests updated delegation authority from EPA for new standards, but EPA cannot delegate authority to DEQ for standards that have been vacated.  Rather than attempt to exempt each vacated standard, DEQ believes it best to simply incorporate all the standards in its annual update. However, only those standards in effect under federal law will appear in permits and require compliance.

DEQ will make an effort to update this page regularly, but if there is a question about the status of a specific NSPS, please contact Bill Rogers at (208) 373-0437.