United States Environmental
Protection Agency
Office of Water
OWEP
ESTABLISHES A
PRETREATMENT
BULLETIN
PIRT REPORT
GUIDANCE
DOCUMENTS
Office of Water
Enforcement & Permits
Washington, DC 20460
(EN-335)
PRETREATMENT BULLETIN
Date? September 3, 1985
No. 1
Background
In February 1984, William Ruckelshaus, then EPA
Administrator, established the Pretreatment- Implemen-
tation Review Task Force (PIRT), to provide the Agency
with recommendations on the day-to-day problems faced
by POTWs, States and industry in implementing the
Agency's pretreatment program. PIRT was composed
of 17 representatives from POTWs, States, industry,
environmental groups and EPA Regions. Among the
issues PIRT has addressed are the complexity of ;
certain pretreatment program requirements, needs fojr
guidance and information dissemination, enforcement*
policies, funding needs, delineation of roles and *
responsibilities of the various governmental
entities involved in the pretreatment program, and
certain regulatory changes that would facilitate
pretreatment program implementation.
One of PIRT1s specific recommendations was for EPA
to establish a quarterly (or at least semiannual)
pretreatment newsletter. The Office of Water
Enforcement and Permits assessed that recommendation
and decided to establish a Pretreatment Bulletin,
this being the first. These bulletins will be issued
on an as-needed basis to transmit policy, guidance,
regulations and other specific information needed
by POTWs to develop and implement pretreatment
program*.
Available Documents
The PIRT Final Report was presented to EPA's
Administrator, Lee Thomas on March 18, 1985, and
a copy is attached. This report is being us'ed by
EPA as the basic agenda for improving administration
of the pretreatment program.
The following guidance documents are in the final
stages of development and will be sent directly
to you:
U.S. Environmental Protection Agency
Library, Room 2404 PM-2U-A
401 M Street, S.W.
Rashlngton. DC 20460
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Production Basen
v.'vs he stream For*"'.
-tandards and Combined
i Guidance
'EDSRAL
lEGiSTER
SFERGNCES
,OCAL LIMITS
* RCRA Information for Publicly Owned Treatment
Works
* Guidance Manual for Implementing Total Toxic
Organic Pretreatment Standards
Copies of other available pretreatment guidance
documents can be obtained by using the attached
Document Request Sheet.
So that POTWs are aware of all major regulatory
actions concerning the General Pretreatment
Regulations and Categorical Standards, a list of
appropriate Federal Register references and a
summary of effective/compliance dates for categorical
pretreatment standards has been attached.
EPA Response to PIRT
While many of PIRT's recommendations require
considerable effort by EPA and are being addressed,
several recommendations call for a brief statement
by EPA of clarification, policy or acknowledgement.
The following represents EPA's response to those
recommendations:
PIRT recommended that the Agency issue a statement
regarding the development of local limits by POTWs.
In addition, PIRT acknowledged that the development
of local limits might be facilitated by distribution
of a computer model.
EPA Response - A guidance memorandum has been issued
by EPA. In part, the guidance calls for all POTWs
implementing pretreatment programs to assess local
limits for cadmium, chromium, copper, lead, nickel,
zinc and any other pollutants of concern. For
futtber information please contact your State or
tonal Office. A copy of the August 3, 1985
ice memorandum from Rebecca W. Hanmer,
(Jtor, Office of Water Enforcement and Permits
)ES State Directors and EPA Regional Water
lent Division Directors can be obtained by
using the attached Document Request Sheet.
The Agency has recently developed a computer
program, PRELIM, which is intended to greatly
reduce the time required to calculate local limits.
EPA is now scheduling PRELIM training workshops
for EPA Regional and NPDES State personnel, who
can, in turn, train POTW personnel.
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ENFORCEMENT
AGAINST
TERFERENCE
PIRT requested that EPA clarify whether Publicly
Owned Treatment Works (POTWs) can take enforcement
action against an industrial user due to interference
when there is no promulgated definition.
EPA Response - EPA Regions, States with pretreatraent
approval authority and publicly owned wastewater
treatment plants {POTWs) with approved pretreatment
programs can and should continue to enforce the
general prohibitions against interference and
pass through.
Until a new definition is promulgated (in accordance
with a Federal Court ruling), determinations of inter-
ference or pass through should be made case by case,
based on the language of the Clean Water Act. For
further information please contact your State or
Regional Office. A copy of the May 3, 1985 memorandum
from Glenn L. Unterberger, Acting Associate Enforcement
Counsel for Water Enforcement, and Rebecca W. Hanmer,
Director, Office of Water Enforcement and Permits to
EPA Regional Counsels and Water Management Division
Directors, can be obtained by using the attached |
Document Request sheet. |
On June 19,1985 the Agency proposed new definitions
for interference and pass through (50 FR 25526). EPA
had suspended the previous definitions in response
to a court ruling striking down those provisions.
As proposed, the definitions are consistent with
the court's decision. Both definitions would
require a direct causal link between the industrial
user's discharge, either alone or in conjunction
with the discharge from one or more indirect
dischargers, and the interference or pass through
problem. Final promulgation of the new definitions
is currently planned for early 1986.
REGULATION
OF SMALL
INDUSTRIAL
USERS
PIRT made the following recommendation which EPA
acknowledges:
"Initially, there was some concern that small
industrial dischargers (de minimus dischargers) should
be exempt from applicable categorical standards.
However, some small industries- discharge highly con-
centrated toxics and incompatible pollutants which
could upset a waste treatment plant more adversely
than high flow, moderately concentrated pollutant
dischargers - PIRT examined this issue and recommends
that all industrial users comply with their appropriate
categorical standards. Control Authorities have
flexibility to deal with appropriate monitoring
for truly insignificant discharges."
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APPLICABILITV
OF CATEGORICAL
STANDARDS TO
FEDERAL
FACILITIES
INTERACTION
BETWEEN EPA,
STATES AND POTWs
COMPLIANCE BY
INDUSTRIAL USERS
AFTER A CHANGE
IN OWNERSHIP
EPA Response - While Control Authorities are free
to set less frequent monitoring requirements for
small Industrial Users than for more significant
discharges, it should be noted that the General
Pretreatment Regulations require all Industrial
Users subject to categorical Pretreatment Standards
to submit periodic reports on compliance at least
twice a year.
PIRT recommended that EPA publish guidance on
whether Federal facilities are regulated by cate-
gorical pretreatment standards.
EPA Response - Federal facilities which discharge
to POTWs are subject to and must comply with all
requirements of the pretreatment program, including
categorical pretreatment standards and any applicable
local program requirements. As with other indirect
discharging facilities, the combined wastestream
formula is to be utilized to adjust for mixtures
of regulated, dilution and unregulated wastestreams.
The PIRT report emphasizes that the primary authority!
for pretreatment program implementation and enforce- •--
ment lies with the Control Authority. PIRT also . *
stresses the need for a well-defined relationship
between POTWs, States and EPA so that the three
levels of government can work together most
effectively. These concepts will be carefully
considered as the Agency develops guidance and
implements the pretreatment program.
PIRT recommended that EPA investigate the extent
to which circumvention of pretreatment requirements
occurs by changes in ownership.
SPA Response - On October 23, 1984, a memorandum
was sent to each EPA Regional Office to ascertain
the number of such reported incidents. Regional
response show that very few caaea or attempts at
circumvention through change of ownership have
occurred. These results indicate that there is no
eaent need for a regulatory amendment or policy
•yalopraent.. -
-Jfc.^ r
.Several Regions did respond that if they were.to
encounter circumvention through change of ownership,
they would apply the existing regulation which
requires all existing industries to comply with
the specified deadline without exemption for change
of ownership.
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TRACKING THE
DEVELOPMENT
OF STATE WATER
QUALITY
STANDARDS
ENFORCEMENT
AGAINST POTWs
WITHOUT PROGRAM
APPLICATIONS
ENFORCEMENT OF
PRETREATMENT
STANDARDS
WORKSHOPS AND
SEMINARS
This latter course of action will be encouraged
and used in conjunction with the "Pretreatment
Compliance Monitoring and Enforcement Guidance for
Control Authorities."
PIRT recommended that EPA headquarters develop
a tracking system for assessing State progress
in developing needed water quality standards
for toxics and for sharing information nationwide.
EPA Response - A tracking system for assessing
State progress in developing water quality
standards has been implemented. (Reference -
March 20, 19S5 Memorandum " Mid-year Summary of
Water Quality Standards Actions", Patrick M. Tobin,
Director, Criteria and Standards Division, EPA.)
PIRT recommended that EPA initiate enforcement action
against POTWs that have failed to submit complete
program approval applications.
EPA Response - The Department of Justice and EPA I
have recently filed 12 cases against POTWs that |
have failed to submit complete program applications,
and are preparing for additional enforcement action
against others.
PIRT recommended that EPA take enforcement action
against noncorapliant industrial users where POTWs and
States have failed to do so.
EPA Response - POTWs and States have primary responsi-
bility to take the necessary enforcement action to
obtain compliance by industrial users. Where this
does not occur, the Agency will take enforcement
action against the industrial uaer, and/or the
POTW. To date, EPA has referred several industrial
users for judicial action.
Many EPA Regional Offices, usually in cooperation
with State pretreatment program offices, are
conducting seminars and workshops for POTWs
implementing local pretreatment programs. .
Topics covered include the application of categorical
pretreatment standards (including use of the Combined
Wastestream Formula), industrial user permits, local
limits, monitoring, inspection procedures and other
subjects of interest to industrial waste control
personnel and industrial users.
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-6-
The seminars are designed to provide practical
information and usually feature presentations by
experienced POTW pretreatment managers who can
provide many helpful pointers. Watch for notice
of a pretreatment seminar in your area.
Categorical Standards
METAL
FINISHING
CYANIDE
STANDARDS
RCRA
REQUIREMENTS
FOR POTWs
Most of the categorical industrial users will be
subject to Metal Finishing standards, which have
a compliance date of February 15, 1986. The Agency
has observed misinterpretation of the Metal Finishing
Cyanide requirement. To properly implement this
standard, POTWs should note §433.12(c): "Self-moni-
toring for cyanide must be conducted before "dilution
with other streams. Alternatively, samples may be
taken of the final effluent, if the plant limitations
are adjusted based on the dilution ratio of the
cyanide wastestream flow to the total effluent
flow."
Hazardous Wastes "
"« ™ » • •' mmn^*^^ M «_K^M^m *
POTWs that receive hazardous wastes by rail, truck, \
or by a pipe that did not carry sewage are required
to comply with RCRA. See 40 CFR §261.4(a)(l). POTWs
generally are covered by a RCRA permit-by-rule that
defers to the POTW's NPDES permit as satisfying
RCRA permitting requirements. See 40 CFR §270.60{c).
Section 3004(u) of the Hazardous and Solid Waste
Amendments of 1984 (amending RCRA) provides that
all RCRA permits (including permits-by-rule)
issued after November 8, 1984 must require corrective
action for all releases of hazardous waste or
constituents from any solid waste management unit.
RCRA regulations implementing new RCRA statutory
requirements were recently promulgated and contain
new language on the POTW permit-by-rule provision.
See 50 FR. 28702 et, seq., July 15, 1985. Inasmuch
as the permit-by-rule is tied into the NPDES permit,
this provision will be implemented through the
NPDES permit. Therefore, NPDES permits issued
•Vafter November 8, 1984, to POTWs receiving hazardous
waste (waste not covered by the domestic sewage
exemption) must contain the corrective action.
" requirement in order for a facility to be deemed
to have a RCRA permit-by-rule.
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DOCUMENT REQUEST SHEET
To obtain a copy of any of these reports please return the
following information to:
Mr. Chuck Prorok
U.S. Environmental Protection Agency
401 M Street, S.W. (EN-336)
Washington, D.C. 20460
Name:
Address:
Guidance Documents
1. Guidance Manual for
Electroplating and Metal
Finishing Pretreatment
Standards
2. Guidance Manual for Pulp,
Paper, and Paperboard
and Builder's Paper and
Board Mills Pretreatment
Standards
3. Overview of the National
Pretreatraent Program
Documents Requested
(check appropriate boxes)
4.
5.
6.
7.
8.
Removal Credit Guidance
Local Limits Requirements
for POTW Pretreatment
tment Program
it Manual
Procedures Manual for
Reviewing a POTW Pretreatment
Program Submission
Guidance on Enforcement of
Prohibitions Against
Interference and Pass through
_
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| _ |
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i.
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ATTACHMENT A
SUMMARY STATUS AND REi'-'U
GENERAL PRETREATMENT RfiCL/LATi
.\iPJNS FOR PROPOSED AND
-VCZCOKiCAL PRETREATMENT STANDARDS
il ul-,n
•r 11 rTecre itTient
••in!. !t nns
v. mnura Forming
Si^ttery Hanutac.turing
I Hinin^
I Coating
I 4nd It)
;•-.•( "•' r lint;
40 CFH Pare Type
.03 • Final Rule
• Deferral of Effective Dates
• Proposed Rule
e Final Rule
• Final Rule, Postponement
of Effective Date
• Correction
• Final Rule
• Final Rule, Deadline Change
• Denial of Petitions
• Final Rule
• Final Regulation
• Final Rule
• Final Rule, Removal Creoles
• Proponed Regulation,
Appendix 0 Revision
• Proposed Rule, Definition of
Interference and Piss Through
>f>7 e Final Rule
• Final Rule, Correction
til • Subcategory Exemptions
• Final Rule
• Correction
> !4 * Ftn.il Rule
• 65 • Final Rule (Phase f)
(Subcatexories A. 8. 4C)
t Technical Anendment to
Recordkceplng Requirements
• Final Rule, Technical Attendeent
• Notice of Avail.iblllty,
Request for Commenti
• Final Rule (f>h«»e II)
(Subcategory 0)
• Final Rule, Correction
• Final Rule, Correction
,** • Kln.il Rule
• Kinal Rule, Technical An«niln«nt
• Correction
• Proposed Regulation,
Modifications to' Final R'Ue
F-"-!*ri I 3°t(i -if?r
r.ate
C) tat ion
2/1/81
2/5/82
1/28/82
1/2I/81
•S/3/83
2/I/84
5/I7/84
7/10/84
8/1/84
5/9/85
6/19/85
10/14/81
3/27/84
1/28/81
1/9/84
'.,'9/84
IO/D/82
I-V1/83
7/8/83
9/15/83
9/22/81
M/17/81
S .' 1 -i ' H I
SIM J/H)
•W2'..'"S
4* F? 1404
4*> FR I-»91^
4fi fo. 50SOI
47 F«! 4,18
4? FR 5i| 1
47 FR 4:2h
48 FR 49126
49 FR I l»>29
47 FR 9*ii.
49 FR 9lOf
-1 FR Ua|B
47 FR 45382
• 7 FR 5-.21Z
48 FR 31 401
48 FR 41409
48 FR 4)195
48 FR 5Z380
49 FR 11104
41 FR I <>>4H
KK .! .iH
Ft 'id 'I '
FR 2^IJ8
-i tri'-.il & Electronic
n^onentf (Phase t)
Subcategory Exemptions 1/28/91
final Rule, (Su»r*tegori«s A 4 B> .'i/8J
Final Rule, Terhnlc.il Aaendment 9/1J/03
Interia Final Report,
Request for COMMIIM 10/14/83
Final Rule 2/16/84
'.»> F«t 9459
** F* I5JM2
44 FR 41409
48 FS 4S249
49 FR 5922
iv<-trti-.il & Electronic
(Phase IU
Final Rule, (Sutwategories C 4 D) ' 12/14/83
Corrertioo 1/9/84
48 F<<
-H F?
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ATTACHMENT A
SUMMARY STATUS AND REGDLATORT CITATIONS FOR PROPOSED AND FINAL
GEN1BAL PRETREATJfENT REGULATIONS AND CATEGORICAL PRKTREATMEIlT STANDARDS (Cone.)
40 CFR Part
Tvpe
Farter*! R»ei
and
lee a I. Finishing
4 I ) .ind 4 )1
Inorganic Chcaicals
Manufacturing
(Phase I)
Inorganic Chemical*
Manufacturing
(Phase II)
Iron .ind Steel
Manufacturing
415
415
420
Subcategory Exempt Ions
Final Rule (electroplating)
Denial of Petition
Deferral of Effective Oat*
Calendar of Federal Regulations
Correction to Final Anendaent
Final Rule. Change in Dead Unto
Final Rule, (Metal Finishing)
Final Rule, Technical Aaendiwnt
Final Rule, Interpretation and
Correction
Correction
Correction to Final Amendments
e Subcategory Exemption*
e Final Rule
• Final Rule Corrections
• Final Rule, Chang* tn Deadlines
• Final Rul*
• Final Rule Corrections
e Subcategorr Exemptions
• Calendar of Federal Regulations
• Final Rule
• Final Rul*. Correction
• Final Rule, Correction
e Final Rule, Chang** tn Deadlines
l/2«/ai
1/28/H1.
2/12/81
9/12/81
1/12/83
7/15/8}
9/15/83
9/26/83
10/1/83
3/19/84
1/28/81
6/29/82
12/1/82
1/21/8)
4/22/86
9/25/84
1/28/81
6/30/81
5/27/82
6/7/02
9/22/82
1/21/83
-.6 f? '»..••>
*» FR tH'J
in f* U.'-i5.
Ih FR »H":
»•>
ifl F« i5 !'.>=.
49 FR 1)1 1":
i«i FR 9459
47 FR 282»>'I
47 F« 5"^:')
i/< FR 2774
4«» 9 314.1!!
49 a 17594
46 FR 9459
46 FR 1405
47 FR 23.JS
47 FR J455
47 FR il'
48 FR 2774
Iron and Steel
Manufacturing (continued)
Leather Tanning
and Finishing
425
ttacal Molding
and Cueing
444
Nonferrou* Metals
Foraing
471
e Final and Interi* Rul* 10/14/83
• Proposed Inter!* Rule, Correction 11/10/83
• Final Rule 5/17/84
e Final Rule Corrections 6/15/84
* Subcategorjr Gxmption* 1/28/81
» Final Rule It/23/82
a Final Rul*, Correction and
Technical Aawndoant 6/10/81
• Technical Aa*nd>*nc 7/8/81
• Final Rule Correction 7/15/83
• Final Rul* Correction 8/15/81
• final RuU, Technical AMndawnc 9/15/83
Proposed Regulation 11/15/82
Extension of Conaent Period 1/10/83
Node* of Availability,
Kequest for Coa«wnts 1/20/84
Node* of Availability.
R*qu*sc for CoMcnts 2/15/85
Extension of Coeaant Period 3/20/85
• Subcategory £xe«ptions 1/28/81
• Proposed Regulation 3/5/84
• Notice of Public Hearing 3/19/84
48 FR 46*1.!
48 FR 5164!'
49 FR 21i>2-
49 FR >+72<>
46 FR 9459
47 FR 5284«
48 FR 101M
43 FR 11-.U}-
48 FR 12J4&
48 FR 35644
48 FR 414,}<>
47 FR 5151.:
48 FR 1084
49 fit 10280
50 FR 65?J
50 FR HID;
46 FR 9459
49 FR 8112
49 FR 1DI1
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ATTACHMENT A
SUMMARY STATUS AMD REGULATORY CITATIONS FOR PROPOSED AMD FINAL
GENERAL PRETREATMENT REGULATIONS AND CATEGORICAL PRETREATMENT STANDARDS (Cont.)
Regulation
4u CFR Pare
Type
Federal
Dace
Federal *eit^
Cit ition
Nonterrous Netalt
Manufacturing
(Phase 1}
Nonferrous Metals
Manufacturing
(Phase It)
Ore Mining and
Dressing
Organic Cheiaical*,
Plastics, And
Synthetic Fiber*
421
421
440
414 and 416
Subcategory exemptions
final Rule
Correction
Final Rule, Correction
Final Rule, Correction
Proposed Rule
Extend on of Content Period
Notice of Data Availability.
Request for Cement
e Final Rule
Propomd Rule
Extension of Conewnt Period,
Notice of Publir Hearing
E«t«fl»lon of Content Period
1/28/81
1/8/84
6/29/84
7/24/84
3/28/85
S/27/84
8/20/84
3/18/85
12/1/82
V21/H1
3/11/8)
3/5/81
46 FR 9ii'»
•i9 FR 87i:
49 FR 2b? i*
49 KR 29792
50 FR 12252
i9 FR 26152
49 F8 11026
5i) FR
47 FR 5459S
48
4d fR
48 h
24118
Pe^ticltiit*
Petroleum Refining
PharaaceutIcals
Manufacturing
Plastics Molding
and
ill
Porcelain E
r
455 e Proposed Rule
• Correction of Proposed Rule.
Extension of CoMMnc Period
e Proponed Rule, Testing Procedures
e Proposed Rule. Notice of
Availability. Request for Comcnts
e Extension of Coeaene Period
• Notice of Availability and
Reopening of Coeaent Period
419 e Final Rule
e Final Rule, Proposed Aaendaencs
• Final Rule
• Proposed Rule. US PS
• Notice of Availability
• Final Rule
e Final Rule, Correction
• Final Rule
• Technical Aewndawnt
e Final Rule. Technical Aawndawnt
11/30/82
2/8/81
2/10/8}
6/13/84
8/1/84
1/24/85
10/18/82
8/28/84
10/27/83
[0/27/81
7/2/84
12/17/84
4/10/85
11/24/82
7/8/83
9/15/83
47 F« 51994
•.(} FR
*8 FR 6250
49 FR 24492
49 FR 30752
50 FR 1166
47 FR 46414
49 FR 14152
48 FR 49808
48 FR 49412
49 FR 27{45
49 FR 49026
50 PR 18243
47 FR 53172
48 FR 31401
48 FR 41409
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ATTACHMENT A
fuip, Paper,
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ATTACHMENT B
INDUSTRIES SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS
FINAL REGULAlIONS
IndustryCategory
Timber Products
Electroplating2
Iron & Steel
Inorganic Chemicals {Phase I)
Textile Mil Is
Coal Mining3
Petroleum Refining
Pulp & Paper Mil Is
Steam Electric Power Plants
Leather Tanning & Finishing
Porcelain Enameling
CoiI Coating
Ore Mini ng3
Electrical & Electronic
Components (Phase I)
Metal Finishing
Copper Formi ng
Aluminum Forming
Pharmaceuticals
Coil Coating (Canmaking)
Electrical & Eletronic
Components (Phase 11)
Date Issued
In Federal
Register
1-26-81
1-28-8!
5-27-82
6-29-82
9-02-82
10-13-82
10-18-82
11-18-82
11-19-82
11-23-82
n-24-62
12-01-82
12-03-82
4-08-83
7-15-83
8-15-83
10-24-83
10-27-83
11-17-83
12-14-83
Nonferrous Metals (Phase I) 3-08-84
Battery Manufacturing 3-09-84
In orga n i c Chew IcaIs (Pha se II) 8-22-84
Effective
Date
3-30-81
3-30-81
7-10-82
8-12-82
10-18-82
11-26-82
12-01-82
1-03-83
1-02-83
1-06-83
1-07-83
1-17-83
1-17-83
5-29-83
b-29-83
9-26-83
12-07-83
12-12-83
1-02-84
1-27-84
4-23-84
4-18-84
10-05-85
PScS1
Compliance
Date
1-26-04
4-27-84
(Nonintegrated}
• 6-30-04
(Integrated)
7-10-dS
8-12-&5
N/A
N/A
7-01-84
11-0o-65(*s)
2-15-86
0-15-66
10-24-86
10-27-86
11-17-d6
7-14-87
3-09-87
3-09-07
8-22-87
'PSES - Pretreatment Standards for Existing Sources.
^Existing job shop electorplaters and independent printed circuit board
manufacturers must comply with only the electroplating regulations. AM
othe ecIectropiating subcategories are now covered by both the electroplating
and metal finishing standards.
3These two industries, to EPA's Knowledge, contain only direct dischargers
(i.e., they do not discharge to POTXs) and thus no pretreatment standards
have been developed).
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