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EPA Self-Audit and Inspection Guide
Organic Finishing of Metals

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Criteria and Standards for the National Pollutant Discharge Elimination System (40CFR125.1 -- 40CFR125.104)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Subpart A -- Criteria and Standards for Imposing Technology-Based Treatment Requirements (40CFR125.1 -- 40CFR125.3)

Purpose and Scope (40CFR125.1)
This subpart establishes criteria and standards for the imposition of technology-based treatment requirements in permits, including the application of EPA promulgated effluent limitations and case-by-case determinations of effluent limitations.

Technology-based treatment requirements in permits (40CFR125.3)
Technology-based treatment requirements represent the minimum level of control that must be imposed in an NPDES permit. Two different types of control technology may be imposed based on the type of pollutant and the generator. Best conventional pollutant control technology (BCT) is required for effluent with conventional pollutants. For dischargers of toxic and nonconventional pollutants, however, the best available technology economically achievable (BAT) is required.

Subpart D -- Criteria and Standards for Determining Fundamentally Different Factors (40CFR125.30 -- 40CFR125.32)

Criteria. (40CFR125.31)
Allows permit variances for a specific wastewater management system when it is fundamentally different from the system(s) used by EPA in setting technology-based standards.

Subpart H -- Criteria for Determining Alternative Effluent Limitations
(40CFR125.70 -- 40CFR125.73)

Early screening of applications for variances (40CFR125.72)
Describes what is required to apply for thermal discharge variances, including early screening information, general method description, data specifications (such as type and experiments), and other issues that aid in determining if the applicant will receive a variance.

Criteria and standards for the determination of alternative effluent limitations (40CFR125.73)
Provides information about thermal discharge limitations that are established in permits to protect natural environments, outlines the demonstration requirements to determine if the natural environments are, or will be, affected by the discharge, and what effluent discharge limitations must be imposed to prevent those impacts.

Subpart K -- Criteria and Standards for Best Management Practices (BMP)
(40CFR125.100 -- 40CFR125.104)

Applicability of best management practices (40CFR125.102)
Dischargers who use, manufacture, store, handle or discharge any pollutant listed as toxic or hazardous are subject to the requirements of Subpart K for all activities which may result in significant amounts of those pollutants reaching the waters of the United States. These activities are ancillary manufacturing operations including: Materials storage areas; in-plant transfer, process and material handling areas; loading and unloading operations; plant site run-off; and sludge and waste disposal areas.

Permit terms and conditions (40CFR125.103)
Discusses best management practices that shall be incorporated into a NPDES permit and what factors (e.g., toxic pollutant discharges, NPDES permit violations, significant leaks, and discharge quantities) must be considered when issuing a permit with BMPs.

Best management practices programs (40CFR125.104)
Discusses the best management practice (BMP) programs, lists what a BMP should include, and how to submit the BMP as part of the NPDES permit application. Some items to consider are spill control measures, material inventory, material compatibility, employee training, preventative maintenance, and good housekeeping practices.


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