Federal regulations · Through 2026-08-25 · Newer source version available

40 CFR 434.55: New source performance standards (NSPS).

The following new source performance standards shall apply to the post-mining areas of all new source coal mines:
(a) Reclamation areas. The standards of this subsection apply to discharges from reclamation areas at new source coal mines until SMCRA bond release.
Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 (d)(2) of this part, the following new source performance standards shall be achieved for a discharge subject to the provisions of this subsection:
NSPS Effluent Limitations
Pollutant or pollutant property Limitations
Settleable Solids 0.5 ml/1 maximum not to be exceeded.
pH (1)
(1) Within the range 6.0 to 9.0 at all times.
(b) Underground mine drainage. The standards in this subsection apply to discharges from the underground workings of new source underground mines until bond release.
(1) 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 be achieved for the discharge of any acid or ferruginous mine drainage subject to this subsection:
NSPS Effluent Limitations
Pollutant or pollutant property Maximum for any 1 day Average of daily values for 30 consecutive days
Concentrations in mg/1
Iron, total 6.0 3.0
Manganese, total 4.0 2.0
TSS 70.0 35.0
pH (1) (1)
1 Within the range 6.0 to 9.0 at all times.
(2) Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 of this part, the following new source performance standards shall be achieved for the discharge of any alkaline mine drainage subject to this subsection:
NSPS Effluent Limitations
Pollutant or pollutant property Maximum for any 1 day Average of daily values for 30 consecutive days
Concentrations in mg/1
Iron, total 6.0 3.0
TSS 70.0 35.0
pH (1) (1)
1 Within the range 6.0 to 9.0 at all times.

Where this section sits in the code

Title 40—Protection of Environment
CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER N—EFFLUENT GUIDELINES AND STANDARDS
PART 434—COAL MINING POINT SOURCE CATEGORY BPT, BAT, BCT LIMITATIONS AND NEW SOURCE PERFORMANCE STANDARDS
Subpart E—Post-Mining Areas

The following new source performance standards shall apply to the post-mining areas of all new source coal mines:

(a) Reclamation areas. The standards of this subsection apply to discharges from reclamation areas at new source coal mines until SMCRA bond release.

Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 (d)(2) of this part, the following new source performance standards shall be achieved for a discharge subject to the provisions of this subsection:

NSPS Effluent Limitations

Pollutant or pollutant property Limitations

Settleable Solids 0.5 ml/1 maximum not to be exceeded.

pH (1)

(1) Within the range 6.0 to 9.0 at all times.

(b) Underground mine drainage. The standards in this subsection apply to discharges from the underground workings of new source underground mines until bond release.

(1) 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 be achieved for the discharge of any acid or ferruginous mine drainage subject to this subsection:

NSPS Effluent Limitations

Pollutant or pollutant property Maximum for any 1 day Average of daily values for 30 consecutive days

Concentrations in mg/1

Iron, total 6.0 3.0

Manganese, total 4.0 2.0

TSS 70.0 35.0

pH (1) (1)

1 Within the range 6.0 to 9.0 at all times.

(2) Except as provided in 40 CFR 401.17 and §§ 434.61 and 434.63 of this part, the following new source performance standards shall be achieved for the discharge of any alkaline mine drainage subject to this subsection:

NSPS Effluent Limitations

Pollutant or pollutant property Maximum for any 1 day Average of daily values for 30 consecutive days

Concentrations in mg/1

Iron, total 6.0 3.0

TSS 70.0 35.0

pH (1) (1)

1 Within the range 6.0 to 9.0 at all times.

Collected 2026-08-27T02:26:04Z. Source file · JSON

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