[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR440.44]

[Page 416]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 440_ORE MINING AND DRESSING POINT SOURCE CATEGORY
--Table of Contents
 
                    Subpart D_Mercury Ore Subcategory
 
Sec. 440.44  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 application of the best 
available demonstrated technology (BADT):
    (a) The concentration of pollutants discharged in mine drainage from 
mines, either open pit or underground, that produce mercury ores shall 
not exceed:

------------------------------------------------------------------------
                                                  Effluent limitations
                                               -------------------------
                                                              Average of
                                                                daily
            Effluent characteristic             Maximum for   values for
                                                 any 1 day        30
                                                             consecutive
                                                                 days
------------------------------------------------------------------------
                                                  Milligrams per liter
                                               -------------------------
Hg............................................        0.002        0.001
pH............................................        (\1\)        (\1\)
TSS...........................................         30.0         20.0
------------------------------------------------------------------------
\1\ Within the range of 6.0 to 9.0.

    (b)(1) Except as provided in paragraph (b) of this section, there 
shall be no discharge of process wastewater to navigable waters from 
mills beneficiating mercury ores by gravity separation methods or by 
froth-flotation methods. The Agency recognizes that the elimination of 
the discharge of pollutants to navigable waters may result in an 
increase in discharges of some pollutants to other media. The Agency has 
considered these impacts and has addressed them in the preamble 
published on December 3, 1982.
    (2) In the event that the annual precipitation falling on the 
treatment facility and the drainage area contributing surface runoff to 
the treatment facility exceeds the annual evaporation, a volume of water 
equal to the difference between annual precipitation falling on the 
treatment facility and the drainage area contributing surface runoff to 
the treatment facility and annual evaporation may be discharged subject 
to the limitations set forth in paragraph (a) of this section.