40 CFR § 461.33 - New source performance standards (NSPS).

---
identifier: "/us/cfr/t40/s461.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 461.33 - New source performance standards (NSPS)."
title_number: 40
title_name: "Protection of Environment"
section_number: "461.33"
section_name: "New source performance standards (NSPS)."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "461"
part_name: "BATTERY MANUFACTURING 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), 308 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: "49 FR 9134, Mar. 9, 1984, unless otherwise noted."
cfr_part: "461"
---


# 461.33 New source performance standards (NSPS).

(a) The discharge of wastewater pollutants from any new source subject to this subpart shall not exceed the standards set forth below:

(1) Subpart C—Open Formation—Dehydrated—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 2.15 | 1.02 |
| Lead | 0.47 | 0.21 |
| Iron | 2.01 | 1.02 |
| Oil and grease | 16.80 | 16.80 |
| TSS | 25.20 | 20.16 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(2) Subpart C—Open Formation—Wet—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.067 | 0.032 |
| Lead | 0.014 | 0.006 |
| Iron | 0.063 | 0.032 |
| Oil and grease | 0.53 | 0.53 |
| TSS | 0.80 | 0.64 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(3) Subpart C—Plate Soak—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.026 | 0.012 |
| Lead | 0.005 | 0.002 |
| Iron | 0.025 | 0.012 |
| Oil and grease | 0.21 | 0.21 |
| TSS | 0.32 | 0.25 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(4) Subpart C—Battery Wash (Detergent)—NSPS.

| Pollutant or pollutant Property | Maximum for any 1 Day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 1.152 | 0.549 |
| Lead | 0.252 | 0.117 |
| Iron | 1.08 | 0.55 |
| Oil and grease | 9.0 | 9.0 |
| TSS | 13.5 | 10.8 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(5) Subpart C—Direct Chill Lead Casting—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.000256 | 0.000122 |
| Lead | 0.000056 | 0.000026 |
| Iron | 0.000240 | 0.000122 |
| Oil and grease | 0.0020 | 0.0020 |
| TSS | 0.0030 | 0.0024 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(6) Subpart C—Mold Release Formulation—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.0077 | 0.0037 |
| Lead | 0.0017 | 0.0008 |
| Iron | 0.0072 | 0.0037 |
| Oil and grease | 0.060 | 0.060 |
| TSS | 0.090 | 0.072 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(7) Subpart C—Truck Wash—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead in trucked batteries |  |
|  | English units—pounds per 1,000,000 pounds of lead in trucked batteries |  |
| Copper | 0.006 | 0.003 |
| Lead | 0.001 | 0.0007 |
| Iron | 0.006 | 0.003 |
| Oil and grease | 0.050 | 0.050 |
| TSS | 0.075 | 0.060 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(8) Subpart C—Laundry—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.14 | 0.07 |
| Lead | 0.03 | 0.01 |
| Iron | 0.13 | 0.07 |
| Oil and grease | 1.09 | 1.09 |
| TSS | 1.64 | 1.31 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(9) Subpart C—Miscellaneous Wastewater Streams—NSPS.

| Pollutant or pollutant property | Maximum for any 1 day | Maximum for monthly average |
| --- | --- | --- |
|  | Metric units—mg/kg of lead used |  |
|  | English units—pounds per 1,000,000 pounds of lead used |  |
| Copper | 0.39 | 0.19 |
| Lead | 0.085 | 0.039 |
| Iron | 0.37 | 0.19 |
| Oil and grease | 3.07 | 3.07 |
| TSS | 4.61 | 3.69 |
| pH | () | () |
| Within the limits of 7.5 to 10.0 at all times. |  |  |

(b) There shall be no discharge allowance for process wastewater pollutants from any battery manufacturing operation other than those battery manufacturing operations listed above.

[49 FR 9134, Mar. 9, 1984, as amended at 51 FR 30816, Aug. 28, 1986]