Regulations last checked for updates: May 17, 2024

Title 40 - Protection of Environment last revised: May 15, 2024
§ 440.54 - New source performance standards (NSPS).

Except as provided in subpart L of this part any new source subject to this subpart must achieve the following NSPS representing the degree of effluent reduction attainable by the applications of the best available demonstrated technology (BADT):

(a) The concentration of pollutants discharged in mine drainage from mines obtaining titanium ores from lode deposits shall not exceed:

Effluent characteristic Effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days
Milligrams per liter
Fe2.01.0
pH( 1)( 1)
TSS30.020.0

1 Within the range of 6.0 to 9.1.

(b) The concentration of pollutants discharged from mills beneficiating titanium ores by electrostatic methods, magnetic and physical methods, or flotation methods shall not exceed:

Effluent characteristic Effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days
Milligrams per liter
Zn1.00.5
pH( 1)( 1)
TSS30.020.0

1 Within the range of 6.0 to 9.1.

(c) The concentration of pollutants discharged in mine drainage from mines engaged in the dredge mining of placer deposits of sands containing rutile, ilmenite, leucoxene, monazite, zircon and the milling techniques employed in conjunction with the dredge mining activity (milling techniques employed include the use of wet gravity methods in conjunction with electrostatic or magnetic methods) shall not exceed:

Effluent characteristic Effluent limitations
Maximum for any 1 day Average of daily values for 30 consecutive days
Milligrams per liter
Fe2.01.0
pH( 1)( 1)
TSS30.020.0

1 Within the range of 6.0 to 9.1.

authority: Secs. 301, 304(b), (c) and (e), 306, 307, and 501 of the Clean Water Act (The Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987), (the Act), 33 U.S.C. 1311,1314,c,1316,1317,and; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217; 101 Stat. 7, Pub. L. 100-4
source: 47 FR 54609, Dec. 3, 1982, unless otherwise noted.
cite as: 40 CFR 440.54