Pretreatment Requirements.pdf

James J. Dragna of Bingham McCutchen LLP regarding industrial pretreatment water pollution requirements for Air Products Electronic Chemicals facility in Carlsbad, California.

The EPA affirms its September 20, 2002 decision that the facility's chemical etching process falls under metal finishing categorical standards at 40 CFR Part 433. The Agency reviewed information from meetings and letters provided by Air Products and consulted with the Engineering and Analysis Division to determine that the wastewater discharge is subject to these requirements.

The letter outlines that facilities performing operations such as electroplating, electroless plating, anodizing, coating, chemical etching and milling, or printed circuit board manufacture are covered under 40 CFR Part 433. The EPA explains that while earlier regulations (Part 413) applied only to specific electroplating processes, the new Part 433 standards extend to most metal finishing operations within the same plants.

The document also notes that indirect discharging job shop electroplaters and independent printed circuit board manufacturers remain under Part 413 due to a settlement agreement. The EPA emphasizes that the Metal Finishing Category covers plants performing any of the six specified operations, ensuring comprehensive coverage for wastewater from these processes.