40 C.F.R. § 413.01

Applicability and compliance dates

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(a) This part shall apply to electroplating operations in which metal is electroplated on any basis material and to related metal finishing operations as set forth in the various subparts, whether such operations are conducted in conjunction with electroplating, independently, or as part of some other operation. The compliance deadline for metals and cyanide at integrated facilities shall be June 30, 1984. The compliance date for metals and cyanide at non-integrated facilities shall be April 27, 1984. Compliance with TTO for all facilities shall be July 15, 1986. These part 413 standards shall not apply to a facility which must comply with all the pollutant limitations listed in § 433.15 (metal finishing PSES).

(b) Operations similar to electroplating which are specifically excepted from coverage of this part include:

(1) Electrowinning and electrorefining conducted as a part of nonferrous metal smelting and refining (40 CFR part 421);

(2) Metal surface preparation and conversion coating conducted as a part of coil coating (40 CFR part 465);

(3) Metal surface preparation and immersion plating or electroless plating conducted as a part of porcelain enameling (40 CFR part 466); and

(4) Electrodeposition of active electrode materials, electroimpregnation, and electroforming conducted as a part of battery manufacturing (40 CFR part 461).

(c) Metallic platemaking and gravure cylinder preparation conducted within or for printing and publishing facilities, and continuous strip electroplating conducted within iron and steel manufacturing facilities which introduce pollutants into a publicly owned treatment works are exempted from the pretreatment standards for existing sources set forth in this part.

(Secs. 301, 304, 306, 307, 308, and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et. seq., as amended by the Clean Water Act of 1977, Pub. L. 95-217)) [46 FR 9467, Jan. 28, 1981, as amended at 48 FR 32482, July 15, 1983; 48 FR 41410, Sept. 15, 1983; 51 FR 40421, Nov. 7, 1986]
Notes of Decisions
Cited in 4 cases, 1982–1990 · leading case: Nat'l Ass'n of Metal Finishers v. Env't Prot. Agency, 719 F.2d 624 (3rd Cir. 1983).
Nat'l Ass'n of Metal Finishers v. Env't Prot. Agency, 719 F.2d 624 (3rd Cir. 1983). · cites it 3× “The Categorical Electroplating Standards The categorical pretreatment standards for the Electroplating Point Source Category, 40 C.F.R. §§ 413.01 .-84 (1982), are BPT-level pretreatment standards set pursuant to the NRDC v.”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990). “40 C.F.R. § 413.01 . 4. Although both the first and second permit revisions state that they became effective on April, 15, 1986, Harvard became accountable under these revisions only upon receiving notice (i.”
New York Pub. Interest Rsch. Grp., Inc. v. Limco Mfg. Corp., 697 F. Supp. 608 (E.D.N.Y 1987). “40 C.F.R. § 413.01 defines the pretreatment standard for non-integrated electroplaters.”
Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 683 F.2d 752 (3rd Cir. 1982). “11 Title 40 C.F.R. § 413.01 (a) provides: This part shall apply to electroplating operations in which metal is electroplated on any basis material and to related metal finishing operations as set forth in the various subparts, whether such operations are conducted in conjunction…”
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