Section 309.144  Federal New Source Standards of Performance

Notwithstanding any other provisions of these regulations, any point source, the construction of which is commenced after the date of enactment of the CWA and which is so constructed as to meet all applicable federal standards of performance as defined in Section 306 of the CWA and Section 301.400 of this chapter, shall not be subject to any more stringent federal standard of performance during:

a)         A 10-year period beginning on the date of completion of such construction, or

b)         The period of depreciation or amortization of such facility for the purposes of Section 167 or 169 (or both) of the Internal Revenue Code of 1954 (26 U.S.C. 167 and 169), whichever period ends first.