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Water Quality: Planning Targets and Preliminary Effluent Limitations (PELs)

Prior to starting facility planning for current discharge facilities, confirm that the renewal application is updated with complete information. This can be done by submitting a new renewal application or submitting an Application Supplement form, typically to include data collected outside of DMRs and Regulation 85 reporting or to provide complete chemical forms for chemicals to be covered in the renewal permit.  

A Water Quality Planning Target (WQPT) is a mandatory component of the Division’s site location process for construction of domestic treatment works wastewater discharges with a design capacity to receive greater than 2,000 gallons per day of domestic wastewater, as well as certain facilities that produce reclaimed domestic wastewater. It may also be required for site approval amendments and demonstration projects. A preliminary effluent limitation (PEL) is one type of WQPT. 

WQPT requests will be evaluated after the division determines that the renewal application is complete.  Minor facilities (<1 million gallons per day, MGD) covered by an administratively continued individual permit can submit a complete application converting to a general permit.  A conversion to an effective general permit certification will be completed prior to WQPT work, when applicable. The WQPT may be the renewal permit for some WQPT applicants.

This page describes how PELs and Water Quality Planning Targets work for three different sectors and the associated fees: 

  • Sectors:
    • Domestic wastewater (sewage system) plants.
    • Industrial facilities.
    • Reclaimed water facilities.
  • Apply and pay for your site location application. Please see here for more information.
  • Pay PEL fees.

A WQPT application will not be determined complete until fees are paid and all information needed to draft the permit action is received.

For Domestic Wastewater Treatment Plants

WQPTs are most effective when based upon a current (not administratively continued) permit or general permit certification. This is also called a permit first WQPT. Please discuss this option with Permits by reaching out to Michelle DeLaria at michelle.delaria@state.co.us before you fill out a Water Quality Planning Target application.

WQPTs can include existing or renewed individual permits, current general permit certifications, water quality assessments, a permit modification, or a new permit, a Preliminary Effluent Limitations document (PEL), a limited-scope PEL, or a combination thereof. 

 
WQPT PEL image
A. What is my Water Quality Planning Target and how do I get it?

Your Water Quality Planning Target depends on what documents you already have and your own preferences.

  • If you already have a PEL: 
    • Use this flowchart to determine if it can be used as a Water Quality Planning Target. 

    • Note that you may now be able to use a PEL that is more than 18 months old. If you determine you can use your existing PEL, then proceed to work with the WQCD Engineering Section on your site approval and design review. If you determine that you cannot use your existing PEL, apply for a new Water Quality Planning Target using the Domestic Water Quality Planning Target/PEL application form. You may email this form to cdphe.wqrecordscenter@state.co.us.
  •  A permit first WQPT instead of a PEL: 
    • First, make sure this option can be done with your existing permit or certification. Information for specific scenarios are provided below: 

      • Individual permit

        • For an individual permit that is not administratively continued, a permit modification as a permit first WQPT may be an option, as determined by the permits section. A modification as a permit first WQPT depends on the complexity of the request and the time left in the permit term. 

        • For an individual permit that is administratively continued, you cannot obtain a modification. You will have to wait for permit renewal to pursue the permit first WQPT option or, if eligible, apply for coverage under a general permit first.

          For minor domestic facilities discharging to surface water, with an administratively continued individual permit and eligible under a general permit certification: Apply for a conversion to a general permit certification separately from the WQPT. A complete application for a conversion to a general permit certification will be required and the division will issue the general permit certification  before the permit first WQPT process can begin.

          If the facility is over 1 MGD, you can apply for a PEL.

          •  
      • General Permit Certification

        • For a general permit certification that is not under an administratively continued General Permit (i.e., facility has a current certification under COG590000 or COG591000 not a permit first WQPT with a delayed effective date), a permit modification as a permit first WQPT is an option, unless determined otherwise by the permits section.

        • For a general permit certification that is under an administratively continued General Permit, you will need to be issued a current general permit certification first. The current general permit certification will then serve as the permit first WQPT or a separate permit first WQPT will be issued (e.g., because of a planned increase in discharge rate). 

          •  
      • For new facilities: If you are seeking to build a facility that discharges to groundwater and will use wells as the point of compliance, you cannot obtain a permit first WQPT and must obtain a PEL and site approval before obtaining a permit. If you are seeking to build a surface water discharge facility, a permit first WQPT request will likely be processed as a PEL, as determined by the permits section.

        •  
    • Second, apply for the permit or permit modification.
      • The permit application is here:  Permit for domestic discharge to surface water 

      • The permit modification form is available here: WQ permit forms. The modification application now has a checkbox where you can let us know you intend to use this new permit or permit modification as a Water Quality Planning Target. 

    • Third, after the permit or modification is issued, apply for a Water Quality Planning Target using the Domestic Water Quality Planning Target/PEL application form. You may email this form to cdphe.wqrecordscenter@state.co.us. You will not need to fill out most of the form. 
  • If you think you can use your existing permit:
    • Apply for a Water Quality Planning Target using the Domestic Water Quality Planning Target/PEL application form. You may email this form to cdphe.wqrecordscenter@state.co.us.

    • WQCD will use the information you submit, the regulations, and the flowchart below to determine if you can use your existing permit. The flowchart below walks through when an existing permit could be used as a Water Quality Planning Target. Note this flowchart is purely an informal guidance tool and may be revised over time to address new situations.

WQ Planning Target Flowchart - Active Permit

                                                                                          Click here for a larger image. 

B. What if WQCD tells me that I need a new PEL or limited-scope PEL?

Once your Domestic Water Quality Planning Target/PEL application form is complete, the Permits Section will inform you what kind of water quality planning target you can use via email within 90 days. If an application is incomplete, a determination will take longer.

If WQCD determines that a PEL or a limited-scope PEL is needed, the Permits Section will inform you by email and send a request for payment of the PEL fees. WQCD will then use your Domestic Water Quality Planning Target/PEL application form as a PEL application and start processing the PEL when you do these two things: submit a complete application and pay the applicable fees.

C. What is a PEL?

A PEL is one kind of WQPT. They are a fee-based service where the division identifies preliminary (anticipated) effluent limitations. PELs are to be set “at a level such that the proposed treatment facility will not cause an exceedance of applicable water quality standards...” Reg. 22.4(24). As such, they are intended to be both conservative and prospective.  

PELs have no public comment process and no administrative appeals as the public comment and appeal processes are part of individual and general permit issuances (not general permit certifications). Moreover, PELs may be significantly more conservative than a final permit in some circumstances. 

The division has established an internal goal of 180 days from payment for PELs following a complete application where the division has determined that new PELs are needed for submitted site approval request, and the facility cannot use the “permit-first” approach.
However if the division does not meet the 180-day goal, it will notify the applicant at 120 days or earlier, confer and share information with the applicant so that the applicant can prepare its own PELs for the division’s review and approval.

The permits section will review applicant-prepared PELs for domestic PELs as there is permit writer capacity to do so.

For more information about domestic Water Quality Planning Targets and PELs, contact Michelle DeLaria, Permits Section Unit 2 Manager at 303-692-3615 and michelle.delaria@state.co.us 

D. What are limited-scope PELs?

The division can also prepare limited-scope PELs in some circumstances for temperatures or nutrients.  Your existing permit (or existing PEL) and the new, limited-scope PEL will together be your Water Quality Planning Target. Limited scope PELs can be completed sooner than full PELs.

For limited scope PELs for nutrients and temperature, you will only need to complete the top half of the WQPT form.

E. Fees

There is no charge for submission of the WQPT/PEL application.There are fees for PELs. If the division determines that a PEL or a limited-scope PEL is needed, it will send you a PEL payment request identifying the appropriate amount with payment instructions. If you would like to move forward on the PEL, please pay this amount. The work on any PEL will not begin until full payment is received.

Once these are done, the division’s intent is to prepare the PEL within 180 days of receiving a complete application.

PEL costs depend upon the size of the facility. Also, there are additional fees for discharges to more than one water body and PEL modification. Fees for PELs are as follows:

Table 1
Discharge Categories and Fees for PEL Preparation
(Reference: Colorado Revised Statutes 25-8-502)
Free Subcategory  Description              Effective 7-1-18
Category 40 Preliminary Effluent Limit  Individual permits
Subcategory bV-A < 100,000 GPD $2,562.00
Subcategory bV-B 100,000-999,999 GPD  $5,124.00
Subcategory bV-C 1,000,000-9,999,999 GPD $7,686.00
Subcategory bV-D > 10,000,000 GPD $10,248.00
Category 41 Preliminary Effluent Limit  General permits and Reuse
Subcategory VI Preliminary effluent limitations (PEL) general permits $1,281.00
Category 42 Preliminary Effluent Limit  discharging to Groundwater
Subcategory bVII-A Minor facilities < 1,000,000 GPD $641.00
Subcategory bVII-B Major facilities >=  1,000,000 GPD $1,025.00
Other Fees
PEL Request includes discharges to a second or additional receiving water bodies Additional 75% of the original fee per water body
Requested modification of Division approved PEL 25% of the original fee

For Industrial Facilities 

A PEL is optional for industrial wastewater dischargers since the Regulation 22 site application process does not apply. The division has limited resources for industrial discharge PELs and may not be able to complete these PELs in a timely manner. Please reach out to the division’s industrial discharge permitting Unit Manager (at erin.scott@state.co.us) prior to applying for an industrial PEL. The division no longer accepts third-party PELs for industrial discharges for review and approval.

For Reclaimed Water

A Water Quality Planning Target will be needed for site approval of a reclaimed water facility and may be derived from a reclaimed water notices of authorization. Visit the water quality reclaimed water (reuse) permits web page for further instructions.