40 CFR § 440.12 - Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).

---
identifier: "/us/cfr/t40/s440.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 440.12 - Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT)."
title_number: 40
title_name: "Protection of Environment"
section_number: "440.12"
section_name: "Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT)."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "440"
part_name: "ORE MINING AND DRESSING 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) and (e), 306, 307, 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 and the Water Quality Act of 1987), (the Act), 33 U.S.C. 1311, 1314(b), (c) and (e), 1316, 1317, and 1361; 86 Stat. 816, Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217; 101 Stat. 7, Pub. L. 100-4."
regulatory_source: "47 FR 54609, Dec. 3, 1982, unless otherwise noted."
cfr_part: "440"
---


# 440.12 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT).

Except as provided in subpart L of this part and 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):

(a) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore shall not exceed:

|  |  |  |
| --- | --- | --- |
|  | Milligrams per liter |  |
| TSS | 30 | 20 |
| Fe (dissolved) | 2.0 | 1.0 |
| pH | () | () |
| Within the range 6.0 to 9.0. |  |  |

(b) Except as provided in paragraph (c) of this section, the concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) and/or chemical methods to beneficiate iron ore shall not exceed:

|  |  |  |
| --- | --- | --- |
| TSS | 30 | 20 |
| Fe (dissolved) | 2.0 | 1.0 |
| pH | (1) | (1) |
| Within the range 6.0 to 9.0. |  |  |

(c)(1) Except as provided in paragraph (c) of this section, there shall be no discharge of process wastewater to navigable waters from mills that employ magnetic and physical methods to beneficiate iron ore in the Mesabi Range. 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 equivalent 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.