UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                         June 27, 1985

MEMORANDUM

SUBJECT:  Applicability of Categorical Pretreatment Standards to 
          Industrial Users of Non-Discharging POTWs

FROM:     William P. Diamond, Chief
          Program Development Branch

TO:       Permit Branch Chiefs, Regions I-X

    At the recent National Branch Chiefs Meeting, a question was 
raised regarding the applicability of categorical pretreatment 
standards promulgated by EPA pursuant to section 307(b) of the 
Clean Water Act ("CWA") to industrial facilities sending their 
wastewaters to POTWs that do not discharge to waters of the 
United States (hereafter referred to as "non-discharging POTWs"). 
Because there is no "discharge of pollutants" (as defined in 
section 502(12) of the CWA) from these POTWs, they are not 
required to obtain NPDES permits; nor are they subject to the 
requirement, in section 402(b)(8) of the CWA, to develop a local 
pretreatment program, since this requirement is tied to the 
existence of an NPDES permit.  As explained below, however, 
industrial users discharging into these POTWs must nonetheless 
comply with applicable categorical pretreatment standards.  This 
memorandum also discusses how these industrial users can be 
regulated in the absence of a federally required local 
pretreatment program.

Under the CWA, categorical pretreatment standards apply to 
industrial users of all POTWs, including those that do not 
discharge to waters of the United States.  Section 307(b) of the 
Act directs EPA to promulgate pretreatment standards "to prevent 
the discharge of any pollutant through treatment works (as 
defined in section 212 of this Act) which are publicly owned, 
which pollutant interferes with, passes through, or otherwise is 
incompatible with such works."  The definition of 'treatment 
works' in section 212 of the CWA is not limited to facilities 
that discharge into waters of the United States and in fact makes 
explicit reference to land-based systems (see 212(2)(A)).  
Moreover, the statutory goal of preventing interference with the 
treatment works, which includes protection of the resulting 
sludge from contamination that would limit disposal alternatives* 
is applicable to all POTWs, regardless of whether there is any 
discharge to waters of the United States.

    Because non-discharging POTWs are not NPDES permittees and 
therefore are not required to develop pretreatment programs, the 
primary responsibility for enforcing pretreatment requirements in 
these cases falls upon those States with approved pretreatment 
programs and EPA.  Since these POTWs do not hold NPDES permits, 
EPA enforcement is limited to direct enforcement of categorical 
standards against the industrial users.**  Of course, the fact 
that federal law does not require non-discharging POTWs to 
develop pretreatment programs does not prevent States from 
requiring these facilities to develop such programs under State 
law.***   Moreover, even where State law does not require them to 
do so, individual non-discharging POTWs may agree to develop 
pretreatment programs.  In any of these cases, the developed 
programs may provide for enforcement of categorical standards by 
the POTW.****  However, it must be noted that because these POTWs 
are not NPDES permittees, EPA cannot enforce any requirements of 
their programs.  This, if a non-discharging POTW whose 
pretreatment program involves enforcement of categorical 
standards does a poor job of enforcing these standards, EPA's 
only recourse is to take direct action against the violating 
industrial user.
    
    I hope this memorandum answers your questions on this 
subject.  If you have any.further questions or comments, please 
call me at (FTS) 426-4793 or have your staff contact Hans 
Bjornson at (FTS) 426-7035.

cc:  Rebecca Harmot
     Martha Prothro
     Colburn Cherney

bcc: Jim Gallup
     Geoff Grubbs
     Program Development Branch