40 CFR § 437.10 - Applicability.

---
identifier: "/us/cfr/t40/s437.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 437.10 - Applicability."
title_number: 40
title_name: "Protection of Environment"
section_number: "437.10"
section_name: "Applicability."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "N"
subchapter_name: "EFFLUENT GUIDELINES AND STANDARDS"
part_number: "437"
part_name: "THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361."
regulatory_source: "65 FR 81300, Dec. 22, 2000, unless otherwise noted."
cfr_part: "437"
---


# 437.10 Applicability.

(a) Except as provided in § 437.1(b), (c), or (d) or in paragraph (b) of this section, this subpart applies to that portion of the discharge of wastewater from a CWT facility that results from the treatment of, or recovery of metals from, both metal-bearing wastes received from off-site and other CWT wastewater associated with the treatment of, or recovery of metal-bearing wastes.

(b) In order to ensure appropriate treatment rather than dilution of dissimilar wastes, an NPDES permit writer or control authority may require a new source or an existing facility subject to this subpart to achieve alternative effluent limitations and standards as defined in § 437.2(b) in the following circumstances:

(1) The facility receives, on a continuing basis, flows of process wastewater from five or fewer facilities subject to 40 CFR subchapter N limitations and standards; and

(2) The process wastewater flows received for treatment at the facility have relatively consistent pollutant profiles.