### Question
How does the law define new source?


### Answer
Under *40 CFR § 401.11*, **new source** is defined as:

> any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under section 306 of the Act which will be applicable to such source if such standard is thereafter promulgated in accordance with section 306 of the Act.

#### Citation:
  - *40 CFR § 401.11*
  - Heading: **Title 40—Protection of Environment > PART 401—GENERAL PROVISIONS > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)**

