5 Colo. Code Regs. § 1002-63.12
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-63.12 - NATIONAL CATEGORICAL PRETREATMENT STANDARDS: GENERAL REQUIREMENTSCategorical 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 StandardsThe 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.
40 CR 01, January 10, 2017, effective 3/1/2017