---
kind: "section"
citation: "40 C.F.R. § 455.45"
title: "40"
number: "455.45"
heading: "New source performance standards (NSPS)."
url: "https://uscodex.org/cfr/40/455.45"
---

# §455.45. New source performance standards (NSPS).

- (a) Any new source, except as provided in [paragraph (b)](#b) of this section, subject to this subpart which discharges process wastewater must meet the following standards: There shall be no discharge of process wastewater pollutants to navigable waters.
- (b) Any new source subject to [paragraph (a)](#a) of this section may have a pollution prevention allowable discharge, as defined in [§ 455.41(e)](/cfr/40/455.41.md?p=e), of wastewater pollutants to navigable waters if the discharger agrees to NPDES permit conditions as follows:
  - (1) The discharger will meet the requirements of the Pollution Prevention Alternative listed in Table 8 to this part 455 (or received a modification by Best Professional Judgement for modifications not listed in Table 8 of this part 455);
  - (2) The discharger will notify its NPDES permit writer at the time of submitting its application for a permit, of its intent to utilize the Pollution Prevention Alternative by submitting to the NPDES permit writer an initial certification statement as described in [§ 455.41(a)](/cfr/40/455.41.md?p=a);
  - (3) The discharger will submit to its NPDES permitting authority a periodic certification statement as described in [§ 455.41(b)](/cfr/40/455.41.md?p=b) once each year of operation; and
  - (4) The discharger will maintain at the office of the facility and make available for inspection the on-site compliance paperwork as described in [§ 455.41(c)](/cfr/40/455.41.md?p=c).

## Notes

### Amendments

[61 FR 57551, Nov. 6, 1996]

### Authority

Authority: Secs. 301, 304, 306, 307, and 501, Pub. L. 92-500, 86 Stat. 816, Pub. L. 95-217, 91 Stat. 156, and Pub. L. 100-4 (33 U.S.C. 1311, 1314, 1316, 1317, and 1361).

### Source

Source: 43 FR 17776, Apr. 25, 1978, unless otherwise noted.

### Amendments

[61 FR 57551, Nov. 6, 1996]