FAX TRANSMISSION

Headquarters, US EPA

401 M St., S.W.

Washington, D.C. 20460

Date: July 7, 1995

To: Steve Bushong

Fr: Mark Ingle, Project Officer, Metal Products and Machinery, Phase II

Re: Applicability of Metal Finishing (40 CFR 433)

Introduction

On July 6, 1995, Steve Bushong contacted Mark Ingle to discuss the applicability of the Metal Finishing categorical standards to job shops working under Federal contracts. The following attachments and discussion provides some guidance regarding these issues.

Discussion

Attached are copies of page 224 of the 40 CFR 433 regulation, four pages from the Metal Finishing Development Document, and three pages from the Metal Finishing Federal Register notice. As shown in these attachments, there are a number of issues associated with 40 CFR 433 applicability to job shops. First, as shown in the Development Document, 40 CFR 433 is intended to apply to all job shops regardless of size. Second, the only applicable job shop definition references a 50% ownership level of the parts treated. If a shops work load includes more than 50% (on an annual unit area basis) of parts not owned by the shop (e.g., parts owned by the Federal government), the facility is considered a job shop. However, a job shop is only exempted from 40 CFR 433 if the facility was considered an "existing" shop. As shown in the Metal Finishing Federal Register notice, "existing" shops would have been in operation before promulgation of the 40 CFR 433 rule (i.e., before the 1983 -1984 time frame).

These facts suggest that the key applicability issue for a job shop is not ownership of parts, but rather the date upon which the facility started operating. If a job shop facility were in commercial operation before the early 1980s the shop should be covered by 40 CFR 413. However, if the shop started operating in the late 1980s, it should be covered by 40 CFR 433.

I hope this discussion answers your question. If you have any additional questions, please feel free to call me at (202) 260-7191.