40 CFR 432.85: New source performance standards (NSPS).

Except as provided in paragraph (c) of this section, any source that is a new source subject to this subpart must achieve the following performance standards:

(a) Facilities that generate no more than 50 million pounds per year of finished products must achieve the standards for BOD5, fecal coliform, O&G, and TSS specified in § 432.82(a).

(b) Facilities that generate more than 50 million pounds per year of finished products must achieve the limitations for BOD5, fecal coliform, O&G, and TSS specified in § 432.82(b) and the limitations for ammonia (as N) and total nitrogen specified in § 432.83(b).

(c) Any source that was a new source subject to the standards specified in § 432.85 of title 40 of the Code of Federal Regulations, revised as of July 1, 2003, must continue to achieve the standards specified in this section until the expiration of the applicable time period specified in 40 CFR 122.29(d)(1) after which it must achieve the effluent limitations specified in §§ 432.82 and 432.83.