40 CFR § 422.45

40 CFR · Protection of Environment

§ 422.45 — Standards of performance for new sources.

40 CFR § 422.45

TitleTitle 40: Protection of Environment PartPart 422: Phosphate Manufacturing Point Source Category

SourceeCFR (current through Apr 10, 2026)

This text of 40 C.F.R. § 422.45 (Standards of performance for new sources.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

40 C.F.R. § 422.45 (2026).

Text

§ 422.45 Standards of performance for new sources. The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:

(a)Subject to the provisions of paragraphs (b), (c) and (d) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of standards of performance for new sources: There shall be no discharge of process wastewater pollutants to navigable waters.

(b)Process wastewater pollutants from a cooling water recirculation system designed, cons

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§ 422.45 Standards of performance for new sources.

The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart:

(a) Subject to the provisions of paragraphs (b), (c) and (d) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of standards of performance for new sources: There shall be no discharge of process wastewater pollutants to navigable waters.

(b) Process wastewater pollutants from a cooling water recirculation system designed, constructed and operated to maintain a surge capacity equal to the runoff from the 25-year, 24-hour rainfall event may be discharged, after treatment to the standards set forth in paragraph (c) of this section, whenever chronic or catastrophic precipitation events cause the water level in the pond to rise into the surge capacity. Process waste water must be treated and discharged whenever the water level equals or exceeds the mid point of the surge capacity.

(c) The concentration of pollutants discharged in process wastewater pursuant to the limitations of paragraph (b) of this section shall not exceed the values listed in the following table:

[Milligrams per liter]
Effluent characteristic	Effluent limitations
Effluent characteristic	Maximum for any 1 day	Average of daily values for 30 consecutive days shall not exceed—
Total phosphorus (as P)	105	35
Fluoride (as F)	75	25
TSS	150	50
pH	(¹)	(¹)
¹ Within the range 6.0 to 9.5.

The total suspended solid limitation set forth in this paragraph shall be waived for process wastewater from a calcium sulfate storage pile runoff facility, operated separately or in combination with a water recirculation system, which is chemically treated and then clarified or settled to meet the other pollutant limitations set forth in this paragraph.

(d) The concentration of pollutants discharged in contaminated non-process wastewater shall not exceed the values listed in the following table:

[Milligrams per liter]
Effluent characteristic	Effluent limitations
Effluent characteristic	Maximum for any 1 day	Average of daily values for 30 consecutive days shall not exceed—
Total phosphorus (as P)	105	35
Fluoride (as F)	75	25
pH	(¹)	(¹)
¹ Within the range 6.0 to 9.5.