[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR412.46]

[Page 204]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 412-CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) POINT SOURCE CATEGORY--Table of Contents
 
            Subpart D-Swine, Poultry, and Veal Calves
 
Sec. 412.46  New source performance standards (NSPS).

    Any new source subject to this subpart must achieve the following 
effluent limitations representing the application of NSPS:
    (a) For CAFO production areas. There must be no discharge of manure, 
litter, or process wastewater pollutants into waters of the U.S. from 
the production area, subject to paragraphs (a)(1) through (a)(3) of this 
section.
    (1) Waste management and storage facilities designed, constructed, 
operated, and maintained to contain all manure, litter, and process 
wastewater including the runoff and the direct precipitation from a 100-
year, 24-hour rainfall event and operated in accordance with the 
additional measures and records required by Sec. 412.47(a) and 
(b), will fulfill the requirements of this section.
    (2) The production area must be operated in accordance with the 
additional measures required by Sec. 412.47(a) and (b).
    (3) Provisions for upset/bypass, as provided in 40 CFR 122.41(m)-
(n), apply to a new source subject to this provision.
    (b) For CAFO land application areas: the CAFO shall attain the same 
limitations and requirements as Sec. 412.43(b)(1).
    (c) The CAFO shall attain the limitations and requirements of this 
paragraph as of the date of permit coverage.
    (d) Voluntary superior environmental performance standards. Any new 
source CAFO subject to this subpart may request the Director to 
establish alternative NPDES permit limitations based upon a 
demonstration that site-specific innovative technologies will achieve 
overall environmental performance across all media which is equal to or 
superior to the reductions achieved by baseline standards as provided by 
Sec. 412.46(a). The quantity of pollutants discharged from the 
production area must be accompanied by an equivalent or greater 
reduction in the quantity of pollutants released to other media from the 
production area (e.g., air emissions from housing and storage) and/or 
land application areas for all manure, litter, and process wastewater at 
on-site and off-site locations. The comparison of quantity of pollutants 
must be made on a mass basis where appropriate. The Director has the 
discretion to request supporting information to supplement such a 
request.
    (e) Any source subject to this subpart that commenced discharging 
after April 14, 1993, and prior to April 14, 2003, which was a new 
source subject to the standards specified in Sec. 412.15, 
revised as of July 1, 2002, must continue to achieve those standards for 
the applicable time period specified in 40 CFR 122.29(d)(1). Thereafter, 
the source must achieve the standards specified in Sec. 
412.43(a) and (b).