National Pretreatment Program Regulatory History
EPA originally published the general pretreatment regulations in 1978. These regulations have been updated many times since then, with substantial amendments in 2005 as the “Streamlining Rule” and minor edits with the NPDES Electronic Reporting Rule. The timeline below highlights key pretreatment regulatory changes and the significant events or publications that brought about those changes. Related documents and materials are also provided.
Current Regulatory Activities
EPA develops and publishes new regulations and periodically updates existing regulations. There are current rulemaking activities expected to result in changes to the general pretreatment regulations at 40 CFR Part 403. The following will affect the implementation of the national pretreatment program:
- Effluent Limitation Guidelines and Standards for the Dental Category
- Effluent Limitation Guidelines and Standards for the Unconventional Extraction in the Oil and Gas Industry
- National Pollutant Discharge Elimination System Electronic Reporting Rule
- Management Standards for Hazardous Waste Pharmaceuticals (including Sewer Ban)
Regulatory Activity |
Related Materials |
Date |
Summary |
Topic(s) |
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Availability of and Procedures for Removal Credits |
70 FR 60199 – 60202(4 pp, 173 K, About PDF) |
10/14/2005 |
EPA sought comment on two issues concerning the removal credits provisions in the General Pretreatment Regulations |
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Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution (Streamlining Rule) |
2006 - 2009 |
Fact sheet series outlining the changes made to the pretreatment program at 40 CFR Part 403 under the Pretreatment Streamlining Rule |
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70 FR 60134-60198(65 pp, 463 K, About PDF) |
10/14/2005 |
Changes to the General Pretreatment Regulations that address restrictions on and oversight of industrial users who introduce pollutants into publicly owned treatment works (POTWs) and modified certain program requirements to be consistent with National Pollutant Discharge Elimination System (NPDES) requirements |
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64 FR 39564 - 39605(42 pp, 457 K, About PDF) |
7/22/1999 |
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Project eXcellence and Leadership for Communities (Project XL) |
63 FR 34170 - 34176(7 pp, 177 K, About PDF) |
6/23/1998 |
Solicitation of local pilot pretreatment program proposals under Project XL |
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Streamlined Procedures for Modifying Approved Publicly Owned Treatment Works Pretreatment Programs |
62 FR 38406-38415(10 pp, 155 K, About PDF) |
7/17/1997 |
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61 FR 39804-39810(7 pp, 137 K, About PDF) |
7/30/1996 |
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Standards for the Disposal of Sewage Sludge |
60 FR 54764-54770(7 pp, 215 K, About PDF) |
10/25/1995 |
EPA reconsidered issues remanded by the U.S. Court of Appeals for additional justification or modification |
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2/19/1993 |
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2/6/1989 |
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Pretreatment Program and Domestic Sewage Exclusion Rulemaking (“Hazardous Solid Waste Amendments” [HSWA]) |
7/24/1990 |
Regulations to enhance control of toxic pollutants and hazardous waste discharges to POTWs |
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11/23/1988 |
Proposal to Implement the Recommendations of the Domestic Sewage Study (DSS) |
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6/22/1987 |
Response to comments on the Advanced Notice of Proposed Rulemaking |
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8/22/1986 |
Preliminary Approaches to Implementing the Recommendations of the DSS |
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2/7/1986 |
Response to the HSWA requirements to prepare a report to Congress |
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Solid Waste Disposal Act |
1984 |
Congress enacts the Solid Waste Disposal Act |
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Part 403 General Pretreatment Regulations for Existing and New Sources | 52 FR 1586-1600 (pdf) (4.95 MB) (begins on page 1585) | 1/14/1987 | On February 10, 1984, EPA suspended the provisions defining the terms “interference” and “pass through” in response to the decision of the US Court of Appeals for the Third Circuit in National Association of Metal Finishers v. EPA, 719 F.2d624 (3rd Cir. 1983) (NAMF). | Interference and Pass through |
50 FR 25526-25529 (pdf) (22.38 MB) (begins on page 22525) | 6/19/1985 | Today, EPA is issuing a final rule defining “interference” and “pass through” to replace the previously suspended provisions of the pretreatment regulations. Today’s rule also established two affirmative defenses to violations of the general prohibitions against interference and pass through in §403.5(a) and of the specific prohibitions in §403.5(b)(3), (4), and (5). | ||
Pretreatment Implementation Review Task Force (PIRT) |
10/17/1988 |
General Pretreatment Regulations for Existing and New Sources (PIRT Proposed and Final Rules) |
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6/12/1986 |
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Pretreatment Review Task Force: Final Report to the Administrator |
1/3/1985 |
Task Force studied programs and recommended program improvements |
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Amendments to the General Pretreatment Regulations |
9/28/1982 |
EPA reinstated the January 1981 amendments |
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4/2/1981 |
EPA indefinitely postponed the 1981 Amendments' effective date |
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2/2/1981 |
Deferral of Amendments to the General Pretreatment Regulations |
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1/28/1981 |
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10/29/1979 |
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Part 403 General Pretreatment Regulations for Existing and New Sources of Pollution |
6/26/1978 |
EPA response to environmental groups (NRDC, Environmental Defense Fund (EDF), and Citizens For A Better Environment) bringing suit against EPA and the resulting consent decree |
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2/2/1977 |
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Pollutants in Publicly Owned Treatment Works Pretreatment Standards; 40 CFR Part 128 Pretreatment Standards |
38 FR 30982 Final Rule |
11/8/1973 |
Original pretreatment regulations |
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38 FR 19236 -19237 Proposed Rule | 7/19/1973 |