Code of Federal Regulations Title 40. Protection of Environment § 40.435.45 Standards of performance for new sources (NSPS)

Current as of October 02, 2022 | Updated by FindLaw Staff

Any new source subject to this subpart must achieve the following new source performance standards (NSPS):

NSPS Effluent Limitations
Stream			Pollutant parameter	NSPS effluent limitations
Produced Water:
	(A)	All coastal areas except Cook Inlet		No discharge.
	(B)	Cook Inlet	Oil & Grease	The maximum for any one day shall not exceed 42 mg/l, and the 30-day average shall not exceed 29 mg/l.
Drilling Fluids, Drill Cuttings, and Dewatering Effluent:¹
	(A)	All coastal areas except Cook Inlet		No discharge.
	(B)	Cook Inlet:
		Water-based drilling fluids, drill cuttings, and dewatering effluent	SPP Toxicity	Minimum 96-hour LC₅₀ of the SPP Toxicity Test⁴ shall be 3% by volume.
			Free oil	No discharge.²
			Diesel oil	No discharge.
			Mercury	1 mg/kg dry weight maximum in the stock barite.
			Cadmium	3 mg/kg dry weight maximum in the stock barite.
		Non-aqueous drilling fluids and dewatering effluent		No discharge.
Drill cuttings associated with non-aqueous drilling fluids				No discharge.⁵
Well Treatment, Workover and Completion Fluids:
	(A)	All coastal areas except Cook Inlet		No discharge.
	(B)	Cook Inlet	Oil & Grease	The maximum for any one day shall not exceed 42 mg/l, and the 30-day average shall not exceed 29 mg/l.
Produced Sand				No discharge.
Deck Drainage			Free Oil ³	No discharge.
Sanitary Waste
	Sanitary M10		Residual Chlorine	Minimum of 1 mg/l and maintained as close to this concentration as possible.
	Sanitary M9IM		Floating Solids	No discharge.
Domestic Waste			Floating Solids, Garbage and Foam	No discharge of floating solids or garbage or foam.

¹ NSPS limitations for dewatering effluent are applicable prospectively. NSPS limitations in this rule are not applicable to discharges of dewatering effluent from reserve pits which as of the effective date of this rule no longer receive drilling fluids and drill cuttings. Limitations on such discharges shall be determined by the NPDES permit issuing authority.

² As determined by the static sheen test. See § 435.41(ff).

³ As determined by the presence of a film or sheen upon or a discoloration of the surface of the receiving water (visual sheen).

⁴ As determined by the suspended particulate phase (SPP) toxicity test. See § 435.41(ee).

⁵ When Cook Inlet operators cannot comply with this no discharge requirement due to technical limitations (see Appendix 1 of subpart D of this part), Cook Inlet operators shall meet the same stock limitations (C₁₆-C₁₈ internal olefin) and discharge limitations for drill cuttings associated with non-aqueous drilling fluids for operators in Offshore waters (see § 435.15) in order to discharge drill cuttings associated with non-aqueous drilling fluids.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.435.45 Standards of performance for new sources (NSPS) - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-435-45/

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