Date: July 12, 1995

To: Rick Sarnelli, Raytheon Corporation

Fr: Mark Ingle, US EPA, Office of Water, Engineering and Analysis Division

Re: Metal Finishing (40 CFR 433) Categorical Standard Applicability


Introduction

On July 10, 1995, Rick Sarnelli called Mark Ingle to discuss the applicability of the Metal Finishing (40 CFR 433) categorical standard to industrial operations at a manufacturing site. Mr. Sarnelli posed the following question: If a facility has only one of the six "core" operations listed in 40 CFR 433 (e.g., electroplating, electroless plating, anodizing, etc.), but has many of the other 40 "non-core" operations (e.g., cleaning, machining, grinding, etc.), and the core operation is closed-looped such that there are no wastewater discharges from this operation, are discharges from the other 40 "non-core" operations at the facility still covered under the categorical standard?

Discussion

Mark Ingle reviewed available documents and discussed this issue with senior Engineering and Analysis Division (EAD) staff. The attached Federal Register page includes the highlighted section that EAD staff referenced as being related to this issue. As shown, the highlighted section states that if a plant "performs any of the six operations [i.e., the "core" operations]," then "discharges from the 46 operations" are covered by the categorical standard. Because this language includes the term "performed" and not "performed with discharge," EAD staff have historically interpreted this clause to mean that if any of the "core" operations are performed at a site, regardless of their discharge status, then effluent from all 46 of the regulated processes are covered by the categorical standard.

Conclusion

The historical precedent set by EAD staff on this issue suggests that for the case posed by Mr. Sarnelli, discharges from all 46 of the operations regulated by Metal Finishing (40 CFR 433) would be regulated if any one of the "core" processes were performed at the site, regardless of the "core" processes discharge status.