Member Pipeline - Regulatory - Alert (RA 02-15)
To: Members & Affiliates, Pretreatment & Hazardous Waste Committee
From: National Office
Date: July 3, 2002
Subject: NEW INFORMATION – EPA’s NOTICE OF DATA AVAILABILITY ON THE METAL PRODUCTS AND MACHINERY EFFLUENT GUIDELINES
Reference: RA 02-15
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July 12, 2002
On June 5, the U.S. Environmental Protection Agency (EPA) published a Notice of Data Availability (NODA) on the Metal Products and Machinery (MP&M) Effluent Guidelines (67 Fed. Reg. 38752; See Regulatory Alert 02-12). In addition to releasing new data, the NODA seeks public comment on a number of options for the final rule, including a “no further regulation” option and an alternative that would require facilities currently complying with the Part 413 (Electroplating) requirements to comply with the more stringent Part 433 (Metal Finishing) requirements (the 433 Upgrade Option).
EPA’s 433 Upgrade Option would bring into alignment those facilities in the affected subcategories (General Metals, Metal Finishing Job Shops, and Printed Wiring Board), direct or indirect, which are currently unregulated or required to meet the 413 standards, with the standards of the Metal Finishing effluent guidelines (Part 433). AMSA has recently learned that in addition to switching existing 413 facilities to 433, EPA may require existing non-categorical General Metals facilities to comply with Part 433. In other words, General Metals facilities (exceeding the low-flow cutoff of one million gallons per year) that are now successfully regulated by POTW local limits would become Categorical Industrial Users (CIUs) under Part 433, which would trigger all the associated sampling, inspection, and administrative paperwork requirements.
Under the current Part 433 requirements only facilities that perform any of the following six metal finishing operations are covered: electroplating, electroless plating, anodizing, coating (chromating, phosphating, and coloring), chemical etching and milling, and printed circuit board manufacture. In addition, the regulations list 40 ancillary operations that are covered if one of the six operations listed above is present at the facility. EPA’s 433 Upgrade Option would regulate General Metals facilities conducting any one of the 40 ancillary activities as CIUs.
AMSA Requests Member Action
EPA considers these other General Metals facilities as
unregulated, despite the fact that POTWs have successfully regulated their
discharges for years through application of local limits. It is important that
EPA understand that these facilities are in fact regulated. More importantly, it
is critical that EPA understand the impact this action would have on POTWs that
are required to move an already regulated facility into a more burdensome CIU
regulatory framework, with little or no associated environmental benefit. EPA is
apparently relying heavily upon its Regional Pretreatment Coordinators for input
on this new component of the 433 Upgrade Option. Accordingly, AMSA requests
that member agencies contact their appropriate EPA Regional Pretreatment
Coordinator as soon as possible to voice their concern with this option. A
list of Regional Pretreatment Coordinators and their phone numbers can be
obtained at:
http://cfpub.epa.gov/npdes/contacts.cfm?program_id=3&type=REGION.
AMSA also requests that members send revised estimates of the burden such a change would have on their pretreatment program. AMSA thanks those members that have already submitted comments on the NODA and encourages all members to evaluate the potential impact of this new provision. Please contact Chris Hornback, AMSA at 202/833-9106 or chornback@amsa-cleanwater.org if you have any questions or if you plan to contact your Regional Pretreatment Coordinator.