The EPA recently adopted new Federal Categorical Standards, and expects adoption of others in the near future. Such standards are, as a minimum, conditions included where appropriate in NJPDES permits issued by the DEP and by delegated local agencies to regulate wastewater discharges to surface water and discharges from significant indirect users. All local agencies filing Annual Pretreatment Program Reports should indicate which, if any, of these standards apply to indirect users in their sewer service area. Numerous standards, applicable to industrial wastewater discharges, have already been adopted and are found, in the Federal Categorical Standards (40 CFR Part 404 through 40 CFR Part 471).

Generally, any "New Source" subject to a federal categorical standard must obtain a permit prior to discharging and must comply with the appropriate standard during any period of discharge.

The Metal Products and Machinery proposal also would amend the applicability under several existing categories, i.e., 40 CFR 413 (Electroplating), 40 CFR 433 (Metal Finishing), 40 CFR 463 (Plastics Molding and Forming), 40 CFR 464 (Metal Molding and Casting), 40 CFR 467 (Aluminum Forming) and 40 CFR 471 (Nonferrous Metals Forming and Metal Powders).

What do you need to do?

• All industries need to become familiar with the potentially applicable rules and determine what additional reporting requirements may apply and whether actions are necessary to assure compliance.

• Indirect Users (i.e., dischargers of process wastewater into sewage treatment plants) become Significant Indirect Users when subject to categorical standards (with minor exceptions) and need to obtain permits for these discharges if they do not already have them. A "baseline monitoring report" (BMR) must be filed. For some categories listed above, baseline reports are overdue. You should contact the delegated local agency receiving your discharge (if known) or Bureau of Pretreatment and Residuals at (609) 633-3823 for further information.

Local agencies operating sewage treatment plants:

• Watch for postings on the Internet to keep up to date with regulatory changes and proposals which may affect your users, especially on the Government Printing Office site (try http://www.gpo.gov/su_docs/aces/aces140.html for the draft and new standards in the Federal Register and a link to older promulgated CFR sections), the EPA site (try http://cfpub1.epa.gov/npdes/ ) and our DEP website at http://www.state.nj.us/dep/dwq/.

• Identify users who have become, or may become, subject to any federal categorical standard. Advise any user you believe to be subject to any categorical standard that you have tentatively determined that this is so. Such users should be reported to the DEP promptly and included in any future Annual Pretreatment Program Report unless or until the discharge into your plant ceases or the Department advises you that the user is not subject to any categorical standard.

• Review your records prior to submittal of each Annual Pretreatment Program Report to assure that each user is identified by the correct applicable categorical standard, if any.