40 CFR 435.45 - Standards of performance for new sources (NSPS).

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§ 435.45 Standards of performance for new sources (NSPS).

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 Test 4 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.

[ 61 FR 66125, Dec. 16, 1996; 62 FR 1682, Jan. 13, 1997, as amended at 66 FR 6918, Jan. 22, 2001; 77 FR 29846, May 18, 2012]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code

Title 40 published on 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 435 after this date.

  • 2016-12-07; vol. 81 # 235 - Wednesday, December 7, 2016
    1. 81 FR 88126 - Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category—Implementation Date Extension
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      The final rule is effective December 7, 2016. In accordance with 40 CFR part 23, this regulation shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on December 21, 2016. Under section 509(b)(1) of the CWA, judicial review of this regulation can be had only by filing a petition for review in the U.S. Court of Appeals within 120 days after the regulation is considered issued for purposes of judicial review. Under section 509(b)(2), the requirements in this regulation may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements.
      40 CFR Part 435

Title 40 published on 2015-08-22.

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-12-07; vol. 81 # 235 - Wednesday, December 7, 2016
    1. 81 FR 88126 - Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category—Implementation Date Extension
      GPO FDSys: XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      The final rule is effective December 7, 2016. In accordance with 40 CFR part 23, this regulation shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on December 21, 2016. Under section 509(b)(1) of the CWA, judicial review of this regulation can be had only by filing a petition for review in the U.S. Court of Appeals within 120 days after the regulation is considered issued for purposes of judicial review. Under section 509(b)(2), the requirements in this regulation may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements.
      40 CFR Part 435