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(continued)
modifies the requirements of national effluent limitation
guidelines or categorical pretreatment standards that would
otherwise be applicable to such facility, if the owner or
operator of such facility demonstrates to the satisfaction of the
Administrator that -
(A) the facility is fundamentally different with respect to
the factors (other than cost) specified in section 1314(b) or
1314(g) of this title and considered by the Administrator in
establishing such national effluent limitation guidelines or
categorical pretreatment standards;
(B) the application -
(i) is based solely on information and supporting data
submitted to the Administrator during the rulemaking for
establishment of the applicable national effluent limitation
guidelines or categorical pretreatment standard specifically
raising the factors that are fundamentally different for such
facility; or
(ii) is based on information and supporting data referred
to in clause (i) and information and supporting data the
applicant did not have a reasonable opportunity to submit
during such rulemaking;

(C) the alternative requirement is no less stringent than
justified by the fundamental difference; and
(D) the alternative requirement will not result in a
non-water quality environmental impact which is markedly more
adverse than the impact considered by the Administrator in
establishing such national effluent limitation guideline or
categorical pretreatment standard.
(2) Time limit for applications
An application for an alternative requirement which modifies
the requirements of an effluent limitation or pretreatment
standard under this subsection must be submitted to the
Administrator within 180 days after the date on which such
limitation or standard is established or revised, as the case may
be.
(3) Time limit for decision
The Administrator shall approve or deny by final agency action
an application submitted under this subsection within 180 days
after the date such application is filed with the Administrator.
(4) Submission of information
The Administrator may allow an applicant under this subsection
to submit information and supporting data until the earlier of
the date the application is approved or denied or the last day
that the Administrator has to approve or deny such application.
(5) Treatment of pending applications
For the purposes of this subsection, an application for an
alternative requirement based on fundamentally different factors
which is pending on February 4, 1987, shall be treated as having
been submitted to the Administrator on the 180th day following
February 4, 1987. The applicant may amend the application to take
into account the provisions of this subsection.
(6) Effect of submission of application
An application for an alternative requirement under this
subsection shall not stay the applicant's obligation to comply
with the effluent limitation guideline or categorical
pretreatment standard which is the subject of the application.
(7) Effect of denial
If an application for an alternative requirement which modifies
the requirements of an effluent limitation or pretreatment
standard under this subsection is denied by the Administrator,
the applicant must comply with such limitation or standard as
established or revised, as the case may be.
(8) Reports
By January 1, 1997, and January 1 of every odd-numbered year
thereafter, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report on the status of applications for alternative
requirements which modify the requirements of effluent
limitations under section 1311 or 1314 of this title or any
national categorical pretreatment standard under section 1317(b)
of this title filed before, on, or after February 4, 1987.
(o) Application fees
The Administrator shall prescribe and collect from each applicant
fees reflecting the reasonable administrative costs incurred in
reviewing and processing applications for modifications submitted
to the Administrator pursuant to subsections (c), (g), (i), (k),
(m), and (n) of this section, section 1314(d)(4) of this title, and
section 1326(a) of this title. All amounts collected by the
Administrator under this subsection shall be deposited into a
special fund of the Treasury entitled "Water Permits and Related
Services" which shall thereafter be available for appropriation to
carry out activities of the Environmental Protection Agency for
which such fees were collected.
(p) Modified permit for coal remining operations
(1) In general
Subject to paragraphs (2) through (4) of this subsection, the
Administrator, or the State in any case which the State has an
approved permit program under section 1342(b) of this title, may
issue a permit under section 1342 of this title which modifies
the requirements of subsection (b)(2)(A) of this section with
respect to the pH level of any pre-existing discharge, and with
respect to pre-existing discharges of iron and manganese from the
remined area of any coal remining operation or with respect to
the pH level or level of iron or manganese in any pre-existing
discharge affected by the remining operation. Such modified
requirements shall apply the best available technology
economically achievable on a case-by-case basis, using best
professional judgment, to set specific numerical effluent
limitations in each permit.
(2) Limitations
The Administrator or the State may only issue a permit pursuant
to paragraph (1) if the applicant demonstrates to the
satisfaction of the Administrator or the State, as the case may
be, that the coal remining operation will result in the potential
for improved water quality from the remining operation but in no
event shall such a permit allow the pH level of any discharge,
and in no event shall such a permit allow the discharges of iron
and manganese, to exceed the levels being discharged from the
remined area before the coal remining operation begins. No
discharge from, or affected by, the remining operation shall
exceed State water quality standards established under section
1313 of this title.
(3) Definitions
For purposes of this subsection -
(A) Coal remining operation
The term "coal remining operation" means a coal mining
operation which begins after February 4, 1987 at a site on
which coal mining was conducted before August 3, 1977.
(B) Remined area
The term "remined area" means only that area of any coal
remining operation on which coal mining was conducted before
August 3, 1977.
(C) Pre-existing discharge
The term "pre-existing discharge" means any discharge at the
time of permit application under this subsection.
(4) Applicability of strip mining laws
Nothing in this subsection shall affect the application of the
Surface Mining Control and Reclamation Act of 1977 [30 U.S.C.
1201 et seq.] to any coal remining operation, including the
application of such Act to suspended solids.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 301, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L.
95-217, Secs. 42-47, 53(c), Dec. 27, 1977, 91 Stat. 1582-1586,
1590; Pub. L. 97-117, Secs. 21, 22(a)-(d), Dec. 29, 1981, 95 Stat.
1631, 1632; Pub. L. 97-440, Jan. 8, 1983, 96 Stat. 2289; Pub. L.
100-4, title III, Secs. 301(a)-(e), 302(a)-(d), 303(a), (b)(1),
(c)-(f), 304(a), 305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat.
29-37; Pub. L. 100-688, title III, Sec. 3202(b), Nov. 18, 1988, 102
Stat. 4154; Pub. L. 103-431, Sec. 2, Oct. 31, 1994, 108 Stat. 4396;
Pub. L. 104-66, title II, Sec. 2021(b), Dec. 21, 1995, 109 Stat.
727.)

-REFTEXT-
REFERENCES IN TEXT
The Surface Mining Control and Reclamation Act of 1977, referred
to in subsec. (p)(4), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445,
as amended, which is classified generally to chapter 25 (Sec. 1201
et seq.) of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Short Title note set
out under section 1201 of Title 30 and Tables.


-MISC1-
AMENDMENTS
1995 - Subsec. (n)(8). Pub. L. 104-66 substituted "By January 1,
1997, and January 1 of every odd-numbered year thereafter, the
Administrator shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure" for "Every 6 months after February 4, 1987, the
Administrator shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Public Works and
Transportation".
1994 - Subsec. (j)(1)(A). Pub. L. 103-431, Sec. 2(1), inserted
before semicolon at end ", and except as provided in paragraph
(5)".
Subsec. (j)(5). Pub. L. 103-431, Sec. 2(2), added par. (5).
1988 - Subsec. (f). Pub. L. 100-688 substituted ", any high-level
radioactive waste, or any medical waste," for "or high-level
radioactive waste".
1987 - Subsec. (b)(2)(C). Pub. L. 100-4, Sec. 301(a), struck out
"not later than July 1, 1984," before "with respect" and inserted
"as expeditiously as practicable but in no case later than three
years after the date such limitations are promulgated under section
1314(b) of this title, and in no case later than March 31, 1989"
after "of this paragraph".
Subsec. (b)(2)(D). Pub. L. 100-4, Sec. 301(b), substituted "as
expeditiously as practicable, but in no case later than three years
after the date such limitations are promulgated under section
1314(b) of this title, and in no case later than March 31, 1989"
for "not later than three years after the date such limitations are
established".
Subsec. (b)(2)(E). Pub. L. 100-4, Sec. 301(c), substituted "as
expeditiously as practicable but in no case later than three years
after the date such limitations are promulgated under section
1314(b) of this title, and in no case later than March 31, 1989,
compliance with" for "not later than July 1, 1984,".
Subsec. (b)(2)(F). Pub. L. 100-4, Sec. 301(d), substituted "as
expeditiously as practicable but in no case" for "not" and "and in
no case later than March 31, 1989" for "or not later than July 1,
1984, whichever is later, but in no case later than July 1, 1987".
Subsec. (b)(3). Pub. L. 100-4, Sec. 301(e), added par. (3).
Subsec. (g)(1). Pub. L. 100-4, Sec. 302(a), substituted par. (1)
for introductory provisions of former par. (1) which read as
follows: "The Administrator, with the concurrence of the State,
shall modify the requirements of subsection (b)(2)(A) of this
section with respect to the discharge of any pollutant (other than
pollutants identified pursuant to section 1314(a)(4) of this title,
toxic pollutants subject to section 1317(a) of this title, and the
thermal component of discharges) from any point source upon a
showing by the owner or operator of such point source satisfactory
to the Administrator that - ". Subpars (A) to (C) of former par.
(1) were redesignated as subpars. (A) to (C) of par. (2).
Subsec. (g)(2). Pub. L. 100-4, Sec. 302(a), (d)(2), inserted
introductory provisions of par. (2), and by so doing, redesignated
subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of
par. (2), realigned such subpars. with subpar. (A) of par. (4), and
redesignated former par. (2) as (3).
Subsec. (g)(3). Pub. L. 100-4, Sec. 302(a), (d)(1), redesignated
former par. (2) as (3), inserted heading, and aligned par. (3) with
par. (4).
Subsec. (g)(4), (5). Pub. L. 100-4, Sec. 302(b), added pars. (4)
and (5).
Subsec. (h). Pub. L. 100-4, Sec. 303(d)(2), (e), in closing
provisions, inserted provision defining "primary or equivalent
treatment" for purposes of par. (9) and provisions placing
limitations on issuance of permits for discharge of pollutant into
marine waters and saline estuarine waters and prohibiting issuance
of permit for discharge of pollutant into New York Bight Apex.
Subsec. (h)(2). Pub. L. 100-4, Sec. 303(a), substituted "the
discharge of pollutants in accordance with such modified
requirements will not interfere, alone or in combination with
pollutants from other sources," for "such modified requirements
will not interfere".
Subsec. (h)(3). Pub. L. 100-4, Sec. 303(b)(1), inserted ", and
the scope of such monitoring is limited to include only those
scientific investigations which are necessary to study the effects
of the proposed discharge" before semicolon at end.
Subsec. (h)(6) to (9). Pub. L. 100-4, Sec. 303(c), (d)(1), added
par. (6), redesignated former pars. (6) and (7) as (7) and (8),
respectively, substituted semicolon for period at end of par. (8),
and added par. (9).
Subsec. (i)(1). Pub. L. 100-4, Sec. 304(a), substituted "February
4, 1987" for "December 27, 1977".
Subsec. (j)(1)(A). Pub. L. 100-4, Sec. 303(f), inserted before
semicolon at end ", except that a publicly owned treatment works
which prior to December 31, 1982, had a contractual arrangement to
use a portion of the capacity of an ocean outfall operated by
another publicly owned treatment works which has applied for or
received modification under subsection (h) of this section, may
apply for a modification of subsection (h) of this section in its
own right not later than 30 days after February 4, 1987".
Subsec. (j)(2). Pub. L. 100-4, Sec. 302(c)(1), substituted
"Subject to paragraph (3) of this section, any" for "Any".
Subsec. (j)(3), (4). Pub. L. 100-4, Sec. 302(c)(2), added pars.
(3) and (4).
Subsec. (k). Pub. L. 100-4, Sec. 305, substituted "two years
after the date for compliance with such effluent limitation which
would otherwise be applicable under such subsection" for "July 1,
1987" and inserted "or (b)(2)(E)" after "(b)(2)(A)" in two places.
Subsec. (l). Pub. L. 100-4, Sec. 306(b), substituted "Other than
as provided in subsection (n) of this section, the" for "The".
Subsecs. (n), (o). Pub. L. 100-4, Sec. 306(a), added subsecs. (n)
and (o).
Subsec. (p). Pub. L. 100-4, Sec. 307, added subsec. (p).
1983 - Subsec. (m). Pub. L. 97-440 added subsec. (m).
1981 - Subsec. (b)(2)(B). Pub. L. 97-117, Sec. 21(b), struck out
subpar. (B) which required that, not later than July 1, 1983,
compliance by all publicly owned treatment works with the
requirements in section 1281(g)(2)(A) of this title be achieved.
Subsec. (h). Pub. L. 97-117, Sec. 22(a) to (c), struck out in
provision preceding par. (1) "in an existing discharge" after
"discharge of any pollutant", struck out par. (8), which required
the applicant to demonstrate to the satisfaction of the
Administrator that any funds available to the owner of such
treatment works under subchapter II of this chapter be used to
achieve the degree of effluent reduction required by section
1281(b) and (g)(2)(A) of this title or to carry out the
requirements of this subsection, and inserted in provision
following par. (7) a further provision that a municipality which
applies secondary treatment be eligible to receive a permit which
modifies the requirements of subsec. (b)(1)(B) of this section with
respect to the discharge of any pollutant from any treatment works
owned by such municipality into marine waters and that no permit
issued under this subsection authorize the discharge of sewage
sludge into marine waters.
Subsec. (i)(1), (2)(B). Pub. L. 97-117, Sec. 21(a), substituted
"July 1, 1988," for "July 1, 1983," wherever appearing. Par. (2)(B)
contained a reference to "July 1, 1983;" which was changed to "July
1, 1988;" as the probable intent of Congress in that reference to
July 1, 1983, was to the outside date for compliance for a point
source other than a publicly owned treatment works and subpar. (B)
allows a time extension for such a point source up to the date
granted in an extension for a publicly owned treatment works, which
date was extended to July 1, 1988, by Pub. L. 97-117.
Subsec. (j)(1)(A). Pub. L. 97-117, Sec. 22(d), substituted "that
the 365th day which begins after December 29, 1981" for "than 270
days after December 27, 1977".
1977 - Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 42(b), substituted
"for pollutants identified in subparagraphs (C), (D), and (F) of
this paragraph" for "not later than July 1, 1983".
Subsec. (b)(2)(C) to (F). Pub. L. 95-217, Sec. 42(a), added
subpars. (C) to (F).
Subsec. (g). Pub. L. 95-217, Sec. 43, added subsec. (g).
Subsec. (h). Pub. L. 95-217, Sec. 44, added subsec. (h).
Subsec. (i). Pub. L. 95-217, Sec. 45, added subsec. (i).
Subsec. (j). Pub. L. 95-217, Sec. 46, added subsec. (j).
Subsec. (k). Pub. L. 95-217, Sec. 47, added subsec. (k).
Subsec. (l). Pub. L. 95-217, Sec. 53(c), added subsec. (l).

-CHANGE-
CHANGE OF NAME
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress.


-MISC2-
EFFECTIVE DATE OF 1987 AMENDMENT
Section 302(e) of Pub. L. 100-4 provided that:
"(1) General rule. - Except as provided in paragraph (2), the
amendments made by this section [amending this section] shall apply
to all requests for modifications under section 301(g) of the
Federal Water Pollution Control Act [33 U.S.C. 1311(g)] pending on
the date of the enactment of this Act [Feb. 4, 1987] and shall not
have the effect of extending the deadline established in section
301(j)(1)(B) of such Act.
"(2) Exception. - The amendments made by this section shall not
affect any application for a modification with respect to the
discharge of ammonia, chlorine, color, iron, or total phenols
(4AAP) under section 301(g) of the Federal Water Pollution Control
Act pending on the date of the enactment of this Act; except that
the Administrator must approve or disapprove such application not
later than 365 days after the date of such enactment."
Section 303(b)(2) of Pub. L. 100-4 provided that: "The amendment
made by subsection (b) [amending this section] shall only apply to
modifications and renewals of modifications which are tentatively
or finally approved after the date of the enactment of this Act
[Feb. 4, 1987]."
Section 303(g) of Pub. L. 100-4 provided that: "The amendments
made by subsections (a), (c), (d), and (e) of this section
[amending this section] shall not apply to an application for a
permit under section 301(h) of the Federal Water Pollution Control
Act [33 U.S.C. 1311(h)] which has been tentatively or finally
approved by the Administrator before the date of the enactment of
this Act [Feb. 4, 1987]; except that such amendments shall apply to
all renewals of such permits after such date of enactment."
Section 304(b) of Pub. L. 100-4 provided that: "The amendment
made by subsection (a) [amending this section] shall not apply to
those treatment works which are subject to a compliance schedule
established before the date of the enactment of this Act [Feb. 4,
1987] by a court order or a final administrative order."

EFFECTIVE DATE OF 1981 AMENDMENT
Section 22(e) of Pub. L. 97-117 provided that: "The amendments
made by this section [amending this section] shall take effect on
the date of enactment of this Act [Dec. 29, 1981], except that no
applicant, other than the city of Avalon, California, who applies
after the date of enactment of this Act for a permit pursuant to
subsection (h) of section 301 of the Federal Water Pollution
Control Act [33 U.S.C. 1311(h)] which modifies the requirements of
subsection (b)(1)(B) of section 301 of such Act [33 U.S.C.
1311(b)(1)(B)] shall receive such permit during the one-year period
which begins on the date of enactment of this Act."

REGULATIONS
Section 301(f) of Pub. L. 100-4 provided that: "The Administrator
shall promulgate final regulations establishing effluent
limitations in accordance with sections 301(b)(2)(A) and 307(b)(1)
of the Federal Water Pollution Control Act [33 U.S.C.
1311(b)(2)(A), 1317(b)(1)] for all toxic pollutants referred to in
table 1 of Committee Print Numbered 95-30 of the Committee on
Public Works and Transportation of the House of Representatives
which are discharged from the categories of point sources in
accordance with the following table:


"Category Date by which the
final regulation
shall
be promulgated
--------------------------------------------------------------------
Organic chemicals and plastics and December 31, 1986.
synthetic fibers
Pesticides December 31, 1986."
--------------------------------------------------------------------


PHOSPHATE FERTILIZER EFFLUENT LIMITATION
Amendment by section 306(a), (b) of Pub. L. 100-4 not to be
construed (A) to require the Administrator to permit the discharge
of gypsum or gypsum waste into the navigable waters, (B) to affect
the procedures and standards applicable to the Administrator in
issuing permits under section 1342(a)(1)(B) of this title, and (C)
to affect the authority of any State to deny or condition
certification under section 1314 of this title with respect to the
issuance of permits under section 1342(a)(1)(B) of this title, see
section 306(c) of Pub. L. 100-4, set out as a note under section
1342 of this title.

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER
POLLUTION CONTROL REQUIREMENTS; CONDITIONS
Pub. L. 98-67, title II, Sec. 214(g), Aug. 5, 1983, 97 Stat. 393,
as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that: "Any discharge from a point source in the
United States Virgin Islands in existence on the date of the
enactment of this subsection [Aug. 5, 1983] which discharge is
attributable to the manufacture of rum (as defined in paragraphs
(3) of section 7652(c) of the Internal Revenue Code of 1986
[formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject
to the requirements of section 301 (other than toxic pollutant
discharges), section 306 or section 403 of the Federal Water
Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if -
"(1) such discharge occurs at least one thousand five hundred
feet into the territorial sea from the line of ordinary low water
from that portion of the coast which is in direct contact with
the sea, and
"(2) the Governor of the United States Virgin Islands
determines that such discharge will not interfere with the
attainment or maintenance of that water quality which shall
assure protection of public water supplies, and the protection
and propagation of a balanced population of shellfish, fish, and
wildlife, and allow recreational activities, in and on the water
and will not result in the discharge of pollutants in quantities
which may reasonably be anticipated to pose an unacceptable risk
to human health or the environment because of bioaccumulation,
persistency in the environment, acute toxicity, chronic toxicity
(including carcinogenicity, mutagenicity, or teratogenicity), or
synergistic propensities."

CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION
Section 21(a) of Pub. L. 97-117 provided in part that: "The
amendment made by this subsection [amending this section] shall not
be interpreted or applied to extend the date for compliance with
section 301(b)(1)(B) or (C) of the Federal Water Pollution Control
Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond schedules for compliance
in effect as of the date of enactment of this Act [Dec. 29, 1981],
except in cases where reductions in the amount of financial
assistance under this Act [Pub. L. 97-117, see Short Title of 1981
Amendment note set out under section 1251 of this title] or changed
conditions affecting the rate of construction beyond the control of
the owner or operator will make it impossible to complete
construction by July 1, 1983."


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1255, 1292, 1293a, 1297,
1312, 1313, 1314, 1317, 1319, 1325, 1326, 1341, 1342, 1344, 1365,
1367, 1369 of this title; title 42 section 6925.

-FOOTNOTE-
(!1) So in original. Probably should be "than".

(!2) So in original. Probably should be "contractual".


-End-



-CITE-
33 USC Sec. 1312 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-
Sec. 1312. Water quality related effluent limitations

-STATUTE-
(a) Establishment
Whenever, in the judgment of the Administrator or as identified
under section 1314(l) of this title, discharges of pollutants from
a point source or group of point sources, with the application of
effluent limitations required under section 1311(b)(2) of this
title, would interfere with the attainment or maintenance of that
water quality in a specific portion of the navigable waters which
shall assure protection of public health, public water supplies,
agricultural and industrial uses, and the protection and
propagation of a balanced population of shellfish, fish and
wildlife, and allow recreational activities in and on the water,
effluent limitations (including alternative effluent control
strategies) for such point source or sources shall be established
which can reasonably be expected to contribute to the attainment or
maintenance of such water quality.
(b) Modifications of effluent limitations
(1) Notice and hearing
Prior to establishment of any effluent limitation pursuant to
subsection (a) of this section, the Administrator shall publish
such proposed limitation and within 90 days of such publication
hold a public hearing.
(2) Permits
(A) No reasonable relationship
The Administrator, with the concurrence of the State, may
issue a permit which modifies the effluent limitations required
by subsection (a) of this section for pollutants other than
toxic pollutants if the applicant demonstrates at such hearing
that (whether or not technology or other alternative control
strategies are available) there is no reasonable relationship
between the economic and social costs and the benefits to be
obtained (including attainment of the objective of this
chapter) from achieving such limitation.
(B) Reasonable progress
The Administrator, with the concurrence of the State, may
issue a permit which modifies the effluent limitations required
by subsection (a) of this section for toxic pollutants for a
single period not to exceed 5 years if the applicant
demonstrates to the satisfaction of the Administrator that such
modified requirements (i) will represent the maximum degree of
control within the economic capability of the owner and
operator of the source, and (ii) will result in reasonable
further progress beyond the requirements of section 1311(b)(2)
of this title toward the requirements of subsection (a) of this
section.
(c) Delay in application of other limitations
The establishment of effluent limitations under this section
shall not operate to delay the application of any effluent
limitation established under section 1311 of this title.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 302, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,
title III, Sec. 308(e), Feb. 4, 1987, 101 Stat. 39.)


-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-4, Sec. 308(e)(2), inserted "or
as identified under section 1314(l) of this title" after
"Administrator" and "public health," after "protection of".
Subsec. (b). Pub. L. 100-4, Sec. 308(e)(1), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"(1) Prior to establishment of any effluent limitation pursuant
to subsection (a) of this section, the Administrator shall issue
notice of intent to establish such limitation and within ninety
days of such notice hold a public hearing to determine the
relationship of the economic and social costs of achieving any such
limitation or limitations, including any economic or social
dislocation in the affected community or communities, to the social
and economic benefits to be obtained (including the attainment of
the objective of this chapter) and to determine whether or not such
effluent limitations can be implemented with available technology
or other alternative control strategies.
"(2) If a person affected by such limitation demonstrates at such
hearing that (whether or not such technology or other alternative
control strategies are available) there is no reasonable
relationship between the economic and social costs and the benefits
to be obtained (including attainment of the objective of this
chapter), such limitation shall not become effective and the
Administrator shall adjust such limitation as it applies to such
person."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1292, 1311, 1313, 1314,
1319, 1341, 1342, 1365, 1367, 1369 of this title.

-End-



-CITE-
33 USC Sec. 1313 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - STANDARDS AND ENFORCEMENT

-HEAD-
Sec. 1313. Water quality standards and implementation plans

-STATUTE-
(a) Existing water quality standards
(1) In order to carry out the purpose of this chapter, any water
quality standard applicable to interstate waters which was adopted
by any State and submitted to, and approved by, or is awaiting
approval by, the Administrator pursuant to this Act as in effect
immediately prior to October 18, 1972, shall remain in effect
unless the Administrator determined that such standard is not
consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972. If the Administrator
makes such a determination he shall, within three months after
October 18, 1972, notify the State and specify the changes needed
to meet such requirements. If such changes are not adopted by the
State within ninety days after the date of such notification, the
Administrator shall promulgate such changes in accordance with
subsection (b) of this section.
(2) Any State which, before October 18, 1972, has adopted,
pursuant to its own law, water quality standards applicable to
intrastate waters shall submit such standards to the Administrator
within thirty days after October 18, 1972. Each such standard shall
remain in effect, in the same manner and to the same extent as any
other water quality standard established under this chapter unless
the Administrator determines that such standard is inconsistent
with the applicable requirements of this Act as in effect
immediately prior to October 18, 1972. If the Administrator makes
such a determination he shall not later than the one hundred and
twentieth day after the date of submission of such standards,
notify the State and specify the changes needed to meet such
requirements. If such changes are not adopted by the State within
ninety days after such notification, the Administrator shall
promulgate such changes in accordance with subsection (b) of this
section.
(3)(A) Any State which prior to October 18, 1972, has not adopted
pursuant to its own laws water quality standards applicable to
intrastate waters shall, not later than one hundred and eighty days
after October 18, 1972, adopt and submit such standards to the
Administrator.
(B) If the Administrator determines that any such standards are
consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, he shall approve such
standards.
(C) If the Administrator determines that any such standards are
not consistent with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, he shall, not later
than the ninetieth day after the date of submission of such
standards, notify the State and specify the changes to meet such
requirements. If such changes are not adopted by the State within
ninety days after the date of notification, the Administrator shall
promulgate such standards pursuant to subsection (b) of this
section.
(b) Proposed regulations
(1) The Administrator shall promptly prepare and publish proposed
regulations setting forth water quality standards for a State in
accordance with the applicable requirements of this Act as in
effect immediately prior to October 18, 1972, if -
(A) the State fails to submit water quality standards within
the times prescribed in subsection (a) of this section.
(B) a water quality standard submitted by such State under
subsection (a) of this section is determined by the Administrator
not to be consistent with the applicable requirements of
subsection (a) of this section.

(2) The Administrator shall promulgate any water quality standard
published in a proposed regulation not later than one hundred and
ninety days after the date he publishes any such proposed standard,
unless prior to such promulgation, such State has adopted a water
quality standard which the Administrator determines to be in
accordance with subsection (a) of this section.
(c) Review; revised standards; publication
(1) The Governor of a State or the State water pollution control
agency of such State shall from time to time (but at least once
each three year period beginning with October 18, 1972) hold public
hearings for the purpose of reviewing applicable water quality
standards and, as appropriate, modifying and adopting standards.
Results of such review shall be made available to the
Administrator.
(2)(A) Whenever the State revises or adopts a new standard, such
revised or new standard shall be submitted to the Administrator.
Such revised or new water quality standard shall consist of the
designated uses of the navigable waters involved and the water
quality criteria for such waters based upon such uses. Such
standards shall be such as to protect the public health or welfare,
enhance the quality of water and serve the purposes of this
chapter. Such standards shall be established taking into
consideration their use and value for public water supplies,
propagation of fish and wildlife, recreational purposes, and
agricultural, industrial, and other purposes, and also taking into
consideration their use and value for navigation.
(B) Whenever a State reviews water quality standards pursuant to
paragraph (1) of this subsection, or revises or adopts new
standards pursuant to this paragraph, such State shall adopt
criteria for all toxic pollutants listed pursuant to section
1317(a)(1) of this title for which criteria have been published
under section 1314(a) of this title, the discharge or presence of
which in the affected waters could reasonably be expected to
interfere with those designated uses adopted by the State, as
necessary to support such designated uses. Such criteria shall be
specific numerical criteria for such toxic pollutants. Where such
numerical criteria are not available, whenever a State reviews
water quality standards pursuant to paragraph (1), or revises or
adopts new standards pursuant to this paragraph, such State shall
adopt criteria based on biological monitoring or assessment methods
consistent with information published pursuant to section
1314(a)(8) of this title. Nothing in this section shall be
construed to limit or delay the use of effluent limitations or
other permit conditions based on or involving biological monitoring
or assessment methods or previously adopted numerical criteria.
(3) If the Administrator, within sixty days after the date of
submission of the revised or new standard, determines that such
standard meets the requirements of this chapter, such standard
shall thereafter be the water quality standard for the applicable
waters of that State. If the Administrator determines that any such
revised or new standard is not consistent with the applicable
requirements of this chapter, he shall not later than the ninetieth
day after the date of submission of such standard notify the State
and specify the changes to meet such requirements. If such changes
are not adopted by the State within ninety days after the date of
notification, the Administrator shall promulgate such standard
pursuant to paragraph (4) of this subsection.
(4) The Administrator shall promptly prepare and publish proposed
regulations setting forth a revised or new water quality standard
for the navigable waters involved -
(A) if a revised or new water quality standard submitted by
such State under paragraph (3) of this subsection for such waters
is determined by the Administrator not to be consistent with the
applicable requirements of this chapter, or
(B) in any case where the Administrator determines that a
revised or new standard is necessary to meet the requirements of
this chapter.

The Administrator shall promulgate any revised or new standard
under this paragraph not later than ninety days after he publishes
such proposed standards, unless prior to such promulgation, such
State has adopted a revised or new water quality standard which the
Administrator determines to be in accordance with this chapter.
(d) Identification of areas with insufficient controls; maximum
daily load; certain effluent limitations revision
(1)(A) Each State shall identify those waters within its
boundaries for which the effluent limitations required by section
1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not
stringent enough to implement any water quality standard applicable
to such waters. The State shall establish a priority ranking for
such waters, taking into account the severity of the pollution and
the uses to be made of such waters.
(B) Each State shall identify those waters or parts thereof
within its boundaries for which controls on thermal discharges
under section 1311 of this title are not stringent enough to assure
protection and propagation of a balanced indigenous population of
shellfish, fish, and wildlife.
(C) Each State shall establish for the waters identified in
paragraph (1)(A) of this subsection, and in accordance with the
priority ranking, the total maximum daily load, for those
pollutants which the Administrator identifies under section
1314(a)(2) of this title as suitable for such calculation. Such
load shall be established at a level necessary to implement the
applicable water quality standards with seasonal variations and a
margin of safety which takes into account any lack of knowledge
concerning the relationship between effluent limitations and water
quality.
(D) Each State shall estimate for the waters identified in
paragraph (1)(B) of this subsection the total maximum daily thermal
load required to assure protection and propagation of a balanced,
indigenous population of shellfish, fish, and wildlife. Such
estimates shall take into account the normal water temperatures,
flow rates, seasonal variations, existing sources of heat input,
and the dissipative capacity of the identified waters or parts
thereof. Such estimates shall include a calculation of the maximum
heat input that can be made into each such part and shall include a
margin of safety which takes into account any lack of knowledge
concerning the development of thermal water quality criteria for
such protection and propagation in the identified waters or parts
thereof.
(2) Each State shall submit to the Administrator from time to
time, with the first such submission not later than one hundred and
eighty days after the date of publication of the first
identification of pollutants under section 1314(a)(2)(D) of this
title, for his approval the waters identified and the loads
established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of
this subsection. The Administrator shall either approve or
disapprove such identification and load not later than thirty days
after the date of submission. If the Administrator approves such
identification and load, such State shall incorporate them into its
current plan under subsection (e) of this section. If the
Administrator disapproves such identification and load, he shall
not later than thirty days after the date of such disapproval
identify such waters in such State and establish such loads for
such waters as he determines necessary to implement the water
quality standards applicable to such waters and upon such
identification and establishment the State shall incorporate them
into its current plan under subsection (e) of this section.
(3) For the specific purpose of developing information, each
State shall identify all waters within its boundaries which it has
not identified under paragraph (1)(A) and (1)(B) of this subsection
and estimate for such waters the total maximum daily load with
seasonal variations and margins of safety, for those pollutants
which the Administrator identifies under section 1314(a)(2) of this
title as suitable for such calculation and for thermal discharges,
at a level that would assure protection and propagation of a
balanced indigenous population of fish, shellfish, and wildlife.
(4) Limitations on revision of certain effluent limitations. -
(A) Standard not attained. - For waters identified under
paragraph (1)(A) where the applicable water quality standard has
not yet been attained, any effluent limitation based on a total
maximum daily load or other waste load allocation established
under this section may be revised only if (i) the cumulative
effect of all such revised effluent limitations based on such
total maximum daily load or waste load allocation will assure the
attainment of such water quality standard, or (ii) the designated
use which is not being attained is removed in accordance with
regulations established under this section.
(B) Standard attained. - For waters identified under paragraph
(1)(A) where the quality of such waters equals or exceeds levels
necessary to protect the designated use for such waters or
otherwise required by applicable water quality standards, any
effluent limitation based on a total maximum daily load or other
waste load allocation established under this section, or any
water quality standard established under this section, or any
other permitting standard may be revised only if such revision is
subject to and consistent with the antidegradation policy
established under this section.
(e) Continuing planning process
(1) Each State shall have a continuing planning process approved
under paragraph (2) of this subsection which is consistent with
this chapter.
(2) Each State shall submit not later than 120 days after October
18, 1972, to the Administrator for his approval a proposed
continuing planning process which is consistent with this chapter.
Not later than thirty days after the date of submission of such a
process the Administrator shall either approve or disapprove such
process. The Administrator shall from time to time review each
State's approved planning process for the purpose of insuring that
such planning process is at all times consistent with this chapter.
The Administrator shall not approve any State permit program under
subchapter IV of this chapter for any State which does not have an
approved continuing planning process under this section.
(3) The Administrator shall approve any continuing planning
process submitted to him under this section which will result in
plans for all navigable waters within such State, which include,
but are not limited to, the following:
(A) effluent limitations and schedules of compliance at least
as stringent as those required by section 1311(b)(1), section
1311(b)(2), section 1316, and section 1317 of this title, and at
least as stringent as any requirements contained in any
applicable water quality standard in effect under authority of
this section;
(B) the incorporation of all elements of any applicable
area-wide waste management plans under section 1288 of this
title, and applicable basin plans under section 1289 of this
title;
(C) total maximum daily load for pollutants in accordance with
subsection (d) of this section;
(D) procedures for revision;
(E) adequate authority for intergovernmental cooperation;
(F) adequate implementation, including schedules of compliance,
for revised or new water quality standards, under subsection (c)
of this section;
(G) controls over the disposition of all residual waste from
any water treatment processing;
(H) an inventory and ranking, in order of priority, of needs
for construction of waste treatment works required to meet the
applicable requirements of sections 1311 and 1312 of this title.
(f) Earlier compliance
Nothing in this section shall be construed to affect any effluent
limitation, or schedule of compliance required by any State to be
implemented prior to the dates set forth in sections 1311(b)(1) and
1311(b)(2) of this title nor to preclude any State from requiring
compliance with any effluent limitation or schedule of compliance
at dates earlier than such dates.
(g) Heat standards
Water quality standards relating to heat shall be consistent with
the requirements of section 1326 of this title.
(h) Thermal water quality standards
For the purposes of this chapter the term "water quality
standards" includes thermal water quality standards.
(i) Coastal recreation water quality criteria
(1) Adoption by States(A) Initial criteria and standards (continued)