[Code of Federal Regulations] [Title 40, Volume 27] [Revised as ofJuly 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR440.104] [Page 430-431] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 440--ORE MINING AND DRESSING POINT SOURCE CATEGORY--Table of Contents Subpart J--Copper, Lead, Zinc, Gold, Silver, and Molybdenum Ores Subcategory Sec. 440.104 New source performance standards (NSPS). Except as provided in subpart L of this part any new source subject to this subsection must achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT): (a) The concentration of pollutants discharged in mine drainage from mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores or any combination of these ores from open-pit or underground operations other than placer deposits shall not exceed: ------------------------------------------------------------------------ Effluent limitations --------------------------- Average of Effluent characteristic daily values Maximum for for 30 any 1 day consecutive days ------------------------------------------------------------------------ Milligrams per liter --------------- Cu.......................................... 0.30 0.15 Zn.......................................... 1.5 0.75 Pb.......................................... 0.6 0.3 Hg.......................................... 0.002 0.001 Cd.......................................... 0.10 0.05 pH.......................................... (\1\) (\1\) TSS......................................... 30.0 20.0 ------------------------------------------------------------------------ \1\ Within the range 6.0 to 9.0. (b)(1) Except as provided in paragraph (b) of this section, there shall be no discharge of process wastewater to navigable waters from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores or any combination of these ores. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982. (2)(i) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section. (ii) In the event there is a build up of contaminants in the recycle water which significantly interferes with the [[Page 431]] ore recovery process and this interference can not be eliminated through appropriate treatment of the recycle water, the permitting authority may allow a discharge of process wastewater in an amount necessary to correct the interference problem after installation of appropriate treatment. This discharge shall be subject to the limitations of paragraph (a) of this section. The facility shall have the burden of demonstrating to the permitting authority that the discharge is necessary to eliminate interference in the ore recovery process and that the interference could not be eliminated through appropriate treatment of the recycle water. (c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mine areas and mills processes and areas that use dump, heap, in-situ leach or vat-leach processes to extract copper from ores or ore waste materials. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982. (2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section. (d)(1) Except as provided in paragraph (d) of this section, there shall be no discharge of process wastewater to navigable waters from mills that use the cyanidation process to extract gold or silver. The Agency recognizes that the elimination of the discharge of pollutants to navigable waters may result in an increase in discharges of some pollutants to other media. The Agency has considered these impacts and has addressed them in the preamble published on December 3, 1982. (2) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in paragraph (a) of this section. [47 FR 54609, Dec. 3, 1982, as amended at 53 FR 18788, May 24, 1988] Effective Date Note: Paragraph (b)(2)(ii) of Sec. 440.104 published at 47 FR 54609, Dec. 3, 1982, contains information collection requirements which will not become effective until Office of Management and Budget approval has been obtained.