§ 440.144 New source performance standards (NSPS).

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: (a) The volume of process wastewater which may be discharged from an open-cut mine plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewaters discharged from an open-cut mine plant site shall not exceed: (b) The volume of process wastewater which may be discharged from a dredge plant site shall not exceed the volume of infiltration, drainage and mine drainage waters which is in excess of the make up water required for operation of the beneficiation process. The concentration of pollutants in process wastewater discharged from a dredge plant site shall not exceed: (c) Notwithstanding any other provision of this chapter, the Regional Administrator or Director of a State agency with authority to administer the NPDES program shall in designating new source gold placer mines, take into account and base the decision on whether one or more of the following factors has occurred after May 24, 1988. (1) The mine will operate outside of the permit area which is covered by a currently valid NPDES Permit. (2) The mine significantly alters the nature or quantity of pollutants discharged. (3) The mine discharges into a stream into which it has not discharged under its currently valid NPDES permit. (4) The mine will operate in a permit area that has not been mined during the term of the currently valid NPDES permit. (5) Such other factors as the Regional Administrator or state Director deems relevant.