40 CFR § 419.26 - Standards of performance for new sources (NSPS).
---
identifier: "/us/cfr/t40/s419.26"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 419.26 - Standards of performance for new sources (NSPS)."
title_number: 40
title_name: "Protection of Environment"
section_number: "419.26"
section_name: "Standards of performance for new sources (NSPS)."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "419"
part_name: "PETROLEUM REFINING POINT SOURCE CATEGORY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 301, 304 (b), (c), (e), and (g), 306 (b) and (c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977) (the “Act”); 33 U.S.C. 1311, 1314 (b), (c), (e), and (g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217."
regulatory_source: "47 FR 46446, Oct. 18, 1982, unless otherwise noted."
cfr_part: "419"
---
# 419.26 Standards of performance for new sources (NSPS).
(a) Any new source subject to this subpart must achieve the following new source performance standards (NSPS):
| | | |
| --- | --- | --- |
| | Metric units (kilograms per 1,000 m of feedstock) | |
| BOD | 16.3 | 8.7 |
| TSS | 11.3 | 7.2 |
| COD | 118.0 | 61 |
| oil and grease | 4.8 | 2.6 |
| Phenolic compounds | 0.119 | 0.058 |
| Ammonia (as N) | 18.8 | 8.6 |
| Sulfide | 0.105 | 0.048 |
| Total chromium | 0.24 | 0.14 |
| Hexavalent chromium | 0.020 | 0.0088 |
| pH | () | () |
| | English units (pounds per 1,000 bbl of feedstock) | |
| BOD | 5.8 | 3.1 |
| TSS | 4.0 | 2.5 |
| COD | 41.5 | 21 |
| Oil and grease | 1.7 | 0.93 |
| Phenolic compounds | 0.042 | 0.020 |
| Ammonia (as N) | 6.6 | 3.0 |
| Sulfide | 0.037 | 0.017 |
| Total chromium | 0.084 | 0.049 |
| Hexavalent chromium | 0.0072 | 0.0032 |
| pH | () | () |
| See footnote following table in § 419.13(d). | | |
| Within the range 6.0 to 9.0. | | |
(b) The limits set forth in paragraph (a) of this section are to be multiplied by the following factors to calculate the maximum for any 1 day and maximum average of daily values for 30 consecutive days.
(1) Size Factor.
| 1,000 bbl of feedstock per stream day | Size factor |
| --- | --- |
| Less than 24.9 | 0.91 |
| 25.0 to 49.9 | 0.95 |
| 50.0 to 74.9 | 1.04 |
| 75.0 to 99.9 | 1.13 |
| 100.0 to 124.9 | 1.23 |
| 125.0 to 149.9 | 1.35 |
| 150.0 or greater | 1.41 |
(2) Process factor.
| Process configuration | Process factor |
| --- | --- |
| Less than 2.49 | 0.58 |
| 2.5 to 3.49 | 0.63 |
| 3.5 to 4.49 | 0.74 |
| 4.5 to 5.49 | 0.88 |
| 5.5 to 5.99 | 1.00 |
| 6.0 to 6.49 | 1.09 |
| 6.5 to 6.99 | 1.19 |
| 7.0 to 7.49 | 1.29 |
| 7.5 to 7.99 | 1.41 |
| 8.0 to 8.49 | 1.53 |
| 8.5 to 8.99 | 1.67 |
| 9.0 to 9.49 | 1.82 |
| 9.5 or greater | 1.89 |
(3) See the comprehensive example in subpart D, § 419.42(b)(3).
(c) The provisions of § 419.16(c) apply to discharges of process wastewater pollutants attributable to ballast water by a point source subject to the provisions of this subpart.
(d) The quantity and quality of pollutants or pollutant properties controlled by this paragraph, attributable to once-through cooling water, are excluded from the discharge allowed by paragraph (b) of this section. Once-through cooling water may be discharged with a total organic carbon concentration not to exceed 5 mg/l.
(e) *Effluent limitation for runoff.* [Reserved]
[47 FR 46446, Oct. 18, 1982, as amended at 50 FR 28523, July 12, 1985; 50 FR 32414, Aug. 12, 1985]