New discharger

New discharger means any building, structure, facility, or installation:
(a) From which there is or may be a “discharge of pollutants;”
(b) That did not commence the “discharge of pollutants” at a particular “site” prior to August 13, 1979;
(c) Which is not a “new source;” and
(d) Which has never received a finally effective NPDES permit for discharges at that “site.”


40 CFR § 122.2

Scoping language

Is this correct? or