40 C.F.R. § 434.25

New source performance standards (NSPS)

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The following new source performance standards (NSPS) shall be achieved by any new source coal preparation plant and coal preparation plant associated areas, as indicated:

(a) Except as provided in 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following new source performance standards shall apply to discharges from new source coal preparation plants and new source coal preparation plant associated areas, if such discharges normally exhibit a pH of less than 6.0 prior to treatment:

NSPS Effluent Limitations (mg/l)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 30 consecutive days
Iron, total	6.0	3.0
Manganese, total	4.0	2.0
TSS	70	35
pH	(¹)	(¹)
¹ 6.0-9.0 at all times.

(b) Except as provided in 40 CFR 401.17 and §§ 434.61, 434.62 and 434.63 of this part, the following new source performance standards shall apply to discharges from new source coal preparation plants and new source coal preparation plant associated areas, if such discharges normally exhibit a pH equal to or greater than 6.0 prior to treatment:

NSPS Effluent Limitations (mg/l)
Pollutant or pollutant property	Maximum for any 1 day	Average of daily values for 30 consecutive days
Iron, total	6.0	3.0
TSS	70	35
pH	(¹)	(¹)
¹ 6.0-9.0 at all times.

Notes of Decisions

Cited in 2 cases, 1979–1987 · leading case: Consolidation Coal Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, 604 F.2d 239 (4th Cir. 1979).

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Consolidation Coal Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, 604 F.2d 239 (4th Cir. 1979). “40 C.F.R. §§ 434.25 (b), 434.35(b), 434.45(b), promulgated in 44 Fed.”

Nat'l Coal Ass'n v. United States Env't Prot. Agency, 810 F.2d 431 (4th Cir. 1987). “2586 (1979) (codified at 40 C.F.R. § 434.25 ) established the limits in NSPS conditions.”

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