5 Colo. Code Regs. § 1002-63.83

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-63.83 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (February, 2007 Hearing) [Perm. Rule eff. 4/1/2007]

The provisions of sections 25-8-202(1); 25-8-205(1)(B); AND 25-8-401, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The commission also adopted, in compliance with section 24-4-103(4) C.R.S, the following statement of basis and purpose.

BASIS AND PURPOSE

The Commission adopted the changes proposed by the Water Quality Control Division. These changes include:

1. Corrections of various typographical errors.

2. Addition of definitions for the following terms to provide greater clarity: Approval Authority, Best Management Practices, and Notice of Discharge Requirements, clarification of the definition for Grab Sample, and expansion of the definition for Significant Industrial User.

3. An incorporation by reference of federal regulations, specifically, various provisions of 40 CFR 403, into Sections 63.9 A-H, 63.10 A-D, 63.11 A-E, 63.12 A-J, and 63.13 A-D, E(2 - 9), and F- I.

4. Addition of language to include the enforcement authority the Division has over POTWs and Industrial Users in Non-Approved Pretreatment Programs.

5. Addition of language that further clarifies the Division's authority to issue control mechanisms to Significant Industrial Users in Non-Approved Programs.

6. Addition of Monitoring and Reporting requirements for Significant Industrial Users in Non-Approved Programs. This defines the requirements for those facilities that are regulated solely by the Division.

7. Elimination of the reporting period requirements for facilities with flows between 10,001 - 50,000 gallons per day. This will make the reporting and sampling requirements consistent with each other.

8. Addition of the ability of a significant industrial user to request a waiver for pollutants not present in their effluent.

These changes are appropriate to ensure that the Colorado Industrial Pretreatment Program continues to be consistent with federal requirements, specifically the 40 CFR 403"Streamlining Regulation" promulgated by EPA on November 14, 2005.

The Commission found that incorporating the Streamlining Regulation by reference will help facilitate a seamless transition from EPA to State oversight when the Division obtains delegation of the pretreatment program.

5 CCR 1002-63.83

40 CR 01, January 10, 2017, effective 3/1/2017