Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-63 - REGULATION NO. 63 - PRETREATMENT REGULATIONS
Section 5 CCR 1002-63.12 - NATIONAL CATEGORICAL PRETREATMENT STANDARDS: GENERAL REQUIREMENTS

Universal Citation: 5 CO Code Regs 1002-63 ยง 12

Current through Register Vol. 47, No. 17, September 10, 2024

Categorical standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial subcategories have been established by EPA and are hereby incorporated by reference in this regulation, in accordance with the provisions of section 63.5 . The specific limits for each subcategory must be met by all significant industrial users that fall within the industrial categories set forth in Table I of these regulations. Unless otherwise specified Categorical Pretreatment Standards shall be in addition to all applicable pretreatment standards and requirements set forth in this regulation. Failure to meet the limitations established is a violation of this regulation and will result in the necessary enforcement action.

Table 1 - Effluent Guidelines and Standards

40 CFR 405

Dairy Products Processing

40 CFR 406

Grain Mills Point

40 CFR 407

Canned and Preserved Fruits and Vegetables Processing

40 CFR 408

Canned and Preserved Seafood Processing

40 CFR 409

Sugar Processing

40 CFR 410

Textile Mills

40 CFR 411

Cement Manufacturing

40 CFR 412

Concentrated Animal Feeding Operations (CAFO)

40 CFR 413

Electroplating

40 CFR 414

Organic Chemicals, Plastics, and Synthetic Fibers

40 CFR 415

Inorganic Chemicals Manufacturing

40 CFR 417

Soap and Detergent Manufacturing

40 CFR 418

Fertilizer Manufacturing

40 CFR 419

Petroleum Refining

40 CFR 420

Iron and Steel Manufacturing

40 CFR 421

Nonferrous Metals Manufacturing

40 CFR 422

Phosphate Manufacturing

40 CFR 423

Steam Electric Power Generating

40 CFR 424

Ferroalloy Manufacturing

40 CFR 425

Leather Tanning and Finishing

40 CFR 426

Glass Manufacturing

40 CFR 427

Asbestos Manufacturing

40 CFR 428

Rubber Manufacturing

40 CFR 429

Timber Products Processing

40 CFR 430

The Pulp, Paper, and Paperboard

40 CFR 432

Meat Products

40 CFR 433

Metal Finishing

40 CFR 434

Coal Mining

40 CFR 435

Oil and Gas Extraction

40 CFR 436

Mineral Mining and Processing

40 CFR 437

Centralized Waste Treatment

40 CFR 439

Pharmaceutical Manufacturing

40 CFR 440

Ore Mining and Dressing

40 CFR 442

Transportation Equipment Cleaning

40 CFR 443

Paving and Roofing Materials (Tars and Asphalt)

40 CFR 444

Waste Combustors

40 CFR 445

Landfills

40 CFR 446

Paint Formulating

40 CFR 447

Ink Formulating

40 CFR 454

Gum and Wood Chemicals Manufacturing

40 CFR 455

Pesticide Chemicals

40 CFR 457

Explosives Manufacturing

40 CFR 458

Carbon Black Manufacturing

40 CFR 459

Photographic

40 CFR 460

Hospital

40 CFR 461

Battery Manufacturing

40 CFR 463

Plastics Molding and Forming

40 CFR 464

Metal Molding and Casting

40 CFR 465

Coil Coating

40 CFR 466

Porcelain Enameling

40 CFR 467

Aluminum Forming

40 CFR 468

Copper Forming

40 CFR 469

Electrical and Electronic Components

40 CFR 471

Nonferrous Metals Forming and Metal Powders

This section incorporates 40 CFR 403.8 by reference. This is from the Code of Federal Regulations as of December 12, 2016, and does not include later amendments to, or editions of the incorporated material.

A. Significant Industrial Users in Non-Approved Programs - Procedure for Implementation of Pretreatment Standards and Requirements Pretreatment Standards and Requirements shall be implemented for those Significant Industrial Users as defined at 63.7 for which the Director is the Control Authority.

(1) Industrial Users which are identified by the Director to meet those criteria at 63.7(FF) and the POTW to which the Industrial User discharges will be notified of the Industrial User's status as a significant Industrial User by a letter of notification of applicable discharge requirements.

(2) Significant Industrial Users and/or the POTWs to which the Industrial User discharges may petition the Director pursuant to 63.7(FF)(4) at any time requesting de designation. Upon the Director's finding that an Industrial User meeting the criteria of Section 63.7(FF)(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Director may de designate the Industrial User.

(3) Notice of Discharge Requirements shall contain, at a minimum;
(a) A statement of prohibitive discharge standards as defined in 40 CFR 403.5(a)(b).

(b) Effluent limits based on applicable general pretreatment standards found at 40 CFR 403.5(a) and in local limits developed pursuant to 40 CFR 403.5(c)(2);

(c) Self monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards found at 40 CFR 403.12(b) and in local limits developed pursuant to 40 CFR 403.5(c)(2);

(d) A statement of non transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator;

(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

(f) Other pertinent requirements of the regulations.

B. Procedure for Implementation of the Categorical Pretreatment Standards

The following implementation procedure is to be followed for those Industrial Users subject to categorical discharge requirements for which the Director is the Control Authority. Industrial Users discharging to POTW's with approved programs are to follow those procedures established by the POTW.

(1) Submission of the Baseline Monitoring Report (BMR) as required in 40 CFR 403.12(b) shall be to the Director by the required deadline as specified in 40 CFR 403.12(b);

(2) Upon receipt of the BMR, the Director shall evaluate it for completeness. If the Director determines it to be incomplete, he will notify the Industrial User in writing of the deficiencies and require that they be corrected as soon as possible;

(3) Once a BMR is judged to be complete the Director will commence his review. The review will be done to certify that:
(a) The Industrial User does belong in the suggested category;

(b) The categorical standards determined by the Industrial User are applicable to the process in question;

(c) The calculations for the limitations have been done correctly by using the proper data in the proper equation;

(d) The sampling data that has been submitted by the facility demonstrates that they can (or cannot) meet the categorical standards, and substantiates its claim of compliance (or non-compliance);

(e) Any compliance schedule proposed for facility modifications to meet categorical standards is reasonable and meets the deadlines as specified by the applicable categorical standard;

The Director may request additional information if needed to support the statements above.

(4) Once the Director finds that the BMR is complete, he will notify the Industrial User of such via a letter of notification of applicable discharge requirements. This letter will also inform the Industrial User of its obligations under these regulations. These include, but may not be limited to:
(a) The parameters to be sampled, sampling frequency, and sample types;

(b) The equivalent limitations along with the production and flow rates used to calculate these limits;

(c) The reporting requirements for the Industrial User;

(d) Any compliance schedules required; and

(e) Other pertinent requirements of the regulations.

Failure of the Director to include a requirement of the regulations in the letter does not constitute a waiver of the requirement. The Industrial User will be expected to comply with all applicable portions of the regulations.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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