Loading (50 kb)...'

(continued)
Not later than 42 months after October 10, 2000, each State
having coastal recreation waters shall adopt and submit to the
Administrator water quality criteria and standards for the
coastal recreation waters of the State for those pathogens and
pathogen indicators for which the Administrator has published
criteria under section 1314(a) of this title.
(B) New or revised criteria and standards
Not later than 36 months after the date of publication by the
Administrator of new or revised water quality criteria under
section 1314(a)(9) of this title, each State having coastal
recreation waters shall adopt and submit to the Administrator
new or revised water quality standards for the coastal
recreation waters of the State for all pathogens and pathogen
indicators to which the new or revised water quality criteria
are applicable.
(2) Failure of States to adopt
(A) In general
If a State fails to adopt water quality criteria and
standards in accordance with paragraph (1)(A) that are as
protective of human health as the criteria for pathogens and
pathogen indicators for coastal recreation waters published by
the Administrator, the Administrator shall promptly propose
regulations for the State setting forth revised or new water
quality standards for pathogens and pathogen indicators
described in paragraph (1)(A) for coastal recreation waters of
the State.
(B) Exception
If the Administrator proposes regulations for a State
described in subparagraph (A) under subsection (c)(4)(B) of
this section, the Administrator shall publish any revised or
new standard under this subsection not later than 42 months
after October 10, 2000.
(3) Applicability
Except as expressly provided by this subsection, the
requirements and procedures of subsection (c) of this section
apply to this subsection, including the requirement in subsection
(c)(2)(A) of this section that the criteria protect public health
and welfare.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 303, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,
title III, Sec. 308(d), title IV, Sec. 404(b), Feb. 4, 1987, 101
Stat. 39, 68; Pub. L. 106-284, Sec. 2, Oct. 10, 2000, 114 Stat.
870.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and
(b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to
the supersedure and reenactment of act June 30, 1948 by act Oct.
18, 1972, Pub. L. 92-500, 86 Stat. 816. Act June 30, 1948, ch. 758,
as added by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816,
enacted this chapter.


-MISC1-
AMENDMENTS
2000 - Subsec. (i). Pub. L. 106-284 added subsec. (i).
1987 - Subsec. (c)(2). Pub. L. 100-4, Sec. 308(d), designated
existing provision as subpar. (A) and added subpar. (B).
Subsec. (d)(4). Pub. L. 100-4, Sec. 404(b), added par. (4).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1252, 1284, 1285, 1288,
1311, 1313a, 1314, 1319, 1326, 1329, 1341, 1342, 1362, 1375, 1377,
1383, 1384 of this title; title 16 section 1455b; title 42 section
9621.

-End-



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

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

-HEAD-
Sec. 1313a. Revised water quality standards

-STATUTE-
The review, revision, and adoption or promulgation of revised or
new water quality standards pursuant to section 303(c) of the
Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be
completed by the date three years after December 29, 1981. No grant
shall be made under title II of the Federal Water Pollution Control
Act [33 U.S.C. 1281 et seq.] after such date until water quality
standards are reviewed and revised pursuant to section 303(c),
except where the State has in good faith submitted such revised
water quality standards and the Administrator has not acted to
approve or disapprove such submission within one hundred and twenty
days of receipt.

-SOURCE-
(Pub. L. 97-117, Sec. 24, Dec. 29, 1981, 95 Stat. 1632.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in text, is
act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is
classified generally to subchapter II (Sec. 1281 et seq.) of this
chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1251 of this title and
Tables.

-COD-
CODIFICATION
Section was enacted as part of the Municipal Wastewater Treatment
Construction Grant Amendments of 1981, and not as part of the
Federal Water Pollution Control Act which comprises this chapter.

-End-



-CITE-
33 USC Sec. 1314 01/19/04

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

-HEAD-
Sec. 1314. Information and guidelines

-STATUTE-
(a) Criteria development and publication
(1) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
develop and publish, within one year after October 18, 1972 (and
from time to time thereafter revise) criteria for water quality
accurately reflecting the latest scientific knowledge (A) on the
kind and extent of all identifiable effects on health and welfare
including, but not limited to, plankton, fish, shellfish, wildlife,
plant life, shorelines, beaches, esthetics, and recreation which
may be expected from the presence of pollutants in any body of
water, including ground water; (B) on the concentration and
dispersal of pollutants, or their byproducts, through biological,
physical, and chemical processes; and (C) on the effects of
pollutants on biological community diversity, productivity, and
stability, including information on the factors affecting rates of
eutrophication and rates of organic and inorganic sedimentation for
varying types of receiving waters.
(2) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
develop and publish, within one year after October 18, 1972 (and
from time to time thereafter revise) information (A) on the factors
necessary to restore and maintain the chemical, physical, and
biological integrity of all navigable waters, ground waters, waters
of the contiguous zone, and the oceans; (B) on the factors
necessary for the protection and propagation of shellfish, fish,
and wildlife for classes and categories of receiving waters and to
allow recreational activities in and on the water; and (C) on the
measurement and classification of water quality; and (D) for the
purpose of section 1313 of this title, on and the identification of
pollutants suitable for maximum daily load measurement correlated
with the achievement of water quality objectives.
(3) Such criteria and information and revisions thereof shall be
issued to the States and shall be published in the Federal Register
and otherwise made available to the public.
(4) The Administrator shall, within 90 days after December 27,
1977, and from time to time thereafter, publish and revise as
appropriate information identifying conventional pollutants,
including but not limited to, pollutants classified as biological
oxygen demanding, suspended solids, fecal coliform, and pH. The
thermal component of any discharge shall not be identified as a
conventional pollutant under this paragraph.
(5)(A) The Administrator, to the extent practicable before
consideration of any request under section 1311(g) of this title
and within six months after December 27, 1977, shall develop and
publish information on the factors necessary for the protection of
public water supplies, and the protection and propagation of a
balanced population of shellfish, fish and wildlife, and to allow
recreational activities, in and on the water.
(B) The Administrator, to the extent practicable before
consideration of any application under section 1311(h) of this
title and within six months after December 27, 1977, shall develop
and publish information on the factors necessary for the protection
of public water supplies, and the protection and propagation of a
balanced indigenous population of shellfish, fish and wildlife, and
to allow recreational activities, in and on the water.
(6) The Administrator shall, within three months after December
27, 1977, and annually thereafter, for purposes of section 1311(h)
of this title publish and revise as appropriate information
identifying each water quality standard in effect under this
chapter or State law, the specific pollutants associated with such
water quality standard, and the particular waters to which such
water quality standard applies.
(7) Guidance to states. - The Administrator, after consultation
with appropriate State agencies and on the basis of criteria and
information published under paragraphs (1) and (2) of this
subsection, shall develop and publish, within 9 months after
February 4, 1987, guidance to the States on performing the
identification required by subsection (l)(1) of this section.
(8) Information on water quality criteria. - The Administrator,
after consultation with appropriate State agencies and within 2
years after February 4, 1987, shall develop and publish information
on methods for establishing and measuring water quality criteria
for toxic pollutants on other bases than pollutant-by-pollutant
criteria, including biological monitoring and assessment methods.
(9) Revised criteria for coastal recreation waters. -
(A) In general. - Not later than 5 years after October 10,
2000, after consultation and in cooperation with appropriate
Federal, State, tribal, and local officials (including local
health officials), the Administrator shall publish new or revised
water quality criteria for pathogens and pathogen indicators
(including a revised list of testing methods, as appropriate),
based on the results of the studies conducted under section
1254(v) of this title, for the purpose of protecting human health
in coastal recreation waters.
(B) Reviews. - Not later than the date that is 5 years after
the date of publication of water quality criteria under this
paragraph, and at least once every 5 years thereafter, the
Administrator shall review and, as necessary, revise the water
quality criteria.
(b) Effluent limitation guidelines
For the purpose of adopting or revising effluent limitations
under this chapter the Administrator shall, after consultation with
appropriate Federal and State agencies and other interested
persons, publish within one year of October 18, 1972, regulations,
providing guidelines for effluent limitations, and, at least
annually thereafter, revise, if appropriate, such regulations. Such
regulations shall -
(1)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best practicable control technology currently
available for classes and categories of point sources (other than
publicly owned treatment works); and
(B) specify factors to be taken into account in determining the
control measures and practices to be applicable to point sources
(other than publicly owned treatment works) within such
categories or classes. Factors relating to the assessment of best
practicable control technology currently available to comply with
subsection (b)(1) of section 1311 of this title shall include
consideration of the total cost of application of technology in
relation to the effluent reduction benefits to be achieved from
such application, and shall also take into account the age of
equipment and facilities involved, the process employed, the
engineering aspects of the application of various types of
control techniques, process changes, non-water quality
environmental impact (including energy requirements), and such
other factors as the Administrator deems appropriate;
(2)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best control measures and practices achievable
including treatment techniques, process and procedure
innovations, operating methods, and other alternatives for
classes and categories of point sources (other than publicly
owned treatment works); and
(B) specify factors to be taken into account in determining the
best measures and practices available to comply with subsection
(b)(2) of section 1311 of this title to be applicable to any
point source (other than publicly owned treatment works) within
such categories or classes. Factors relating to the assessment of
best available technology shall take into account the age of
equipment and facilities involved, the process employed, the
engineering aspects of the application of various types of
control techniques, process changes, the cost of achieving such
effluent reduction, non-water quality environmental impact
(including energy requirements), and such other factors as the
Administrator deems appropriate;
(3) identify control measures and practices available to
eliminate the discharge of pollutants from categories and classes
of point sources, taking into account the cost of achieving such
elimination of the discharge of pollutants; and
(4)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best conventional pollutant control technology
(including measures and practices) for classes and categories of
point sources (other than publicly owned treatment works); and
(B) specify factors to be taken into account in determining the
best conventional pollutant control technology measures and
practices to comply with section 1311(b)(2)(E) of this title to
be applicable to any point source (other than publicly owned
treatment works) within such categories or classes. Factors
relating to the assessment of best conventional pollutant control
technology (including measures and practices) shall include
consideration of the reasonableness of the relationship between
the costs of attaining a reduction in effluents and the effluent
reduction benefits derived, and the comparison of the cost and
level of reduction of such pollutants from the discharge from
publicly owned treatment works to the cost and level of reduction
of such pollutants from a class or category of industrial
sources, and shall take into account the age of equipment and
facilities involved, the process employed, the engineering
aspects of the application of various types of control
techniques, process changes, non-water quality environmental
impact (including energy requirements), and such other factors as
the Administrator deems appropriate.
(c) Pollution discharge elimination procedures
The Administrator, after consultation, with appropriate Federal
and State agencies and other interested persons, shall issue to the
States and appropriate water pollution control agencies within 270
days after October 18, 1972 (and from time to time thereafter)
information on the processes, procedures, or operating methods
which result in the elimination or reduction of the discharge of
pollutants to implement standards of performance under section 1316
of this title. Such information shall include technical and other
data, including costs, as are available on alternative methods of
elimination or reduction of the discharge of pollutants. Such
information, and revisions thereof, shall be published in the
Federal Register and otherwise shall be made available to the
public.
(d) Secondary treatment information; alternative waste treatment
management techniques; innovative and alternative wastewater
treatment processes; facilities deemed equivalent of secondary
treatment
(1) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
publish within sixty days after October 18, 1972 (and from time to
time thereafter) information, in terms of amounts of constituents
and chemical, physical, and biological characteristics of
pollutants, on the degree of effluent reduction attainable through
the application of secondary treatment.
(2) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
publish within nine months after October 18, 1972 (and from time to
time thereafter) information on alternative waste treatment
management techniques and systems available to implement section
1281 of this title.
(3) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
promulgate within one hundred and eighty days after December 27,
1977, guidelines for identifying and evaluating innovative and
alternative wastewater treatment processes and techniques referred
to in section 1281(g)(5) of this title.
(4) For the purposes of this subsection, such biological
treatment facilities as oxidation ponds, lagoons, and ditches and
trickling filters shall be deemed the equivalent of secondary
treatment. The Administrator shall provide guidance under paragraph
(1) of this subsection on design criteria for such facilities,
taking into account pollutant removal efficiencies and, consistent
with the objectives of this chapter, assuring that water quality
will not be adversely affected by deeming such facilities as the
equivalent of secondary treatment.
(e) Best management practices for industry
The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, may publish
regulations, supplemental to any effluent limitations specified
under subsections (b) and (c) of this section for a class or
category of point sources, for any specific pollutant which the
Administrator is charged with a duty to regulate as a toxic or
hazardous pollutant under section 1317(a)(1) or 1321 of this title,
to control plant site runoff, spillage or leaks, sludge or waste
disposal, and drainage from raw material storage which the
Administrator determines are associated with or ancillary to the
industrial manufacturing or treatment process within such class or
category of point sources and may contribute significant amounts of
such pollutants to navigable waters. Any applicable controls
established under this subsection shall be included as a
requirement for the purposes of section 1311, 1312, 1316, 1317, or
1343 of this title, as the case may be, in any permit issued to a
point source pursuant to section 1342 of this title.
(f) Identification and evaluation of nonpoint sources of pollution;
processes, procedures, and methods to control pollution
The Administrator, after consultation with appropriate Federal
and State agencies and other interested persons, shall issue to
appropriate Federal agencies, the States, water pollution control
agencies, and agencies designated under section 1288 of this title,
within one year after October 18, 1972 (and from time to time
thereafter) information including (1) guidelines for identifying
and evaluating the nature and extent of nonpoint sources of
pollutants, and (2) processes, procedures, and methods to control
pollution resulting from -
(A) agricultural and silvicultural activities, including runoff
from fields and crop and forest lands;
(B) mining activities, including runoff and siltation from new,
currently operating, and abandoned surface and underground mines;
(C) all construction activity, including runoff from the
facilities resulting from such construction;
(D) the disposal of pollutants in wells or in subsurface
excavations;
(E) salt water intrusion resulting from reductions of fresh
water flow from any cause, including extraction of ground water,
irrigation, obstruction, and diversion; and
(F) changes in the movement, flow, or circulation of any
navigable waters or ground waters, including changes caused by
the construction of dams, levees, channels, causeways, or flow
diversion facilities.

Such information and revisions thereof shall be published in the
Federal Register and otherwise made available to the public.
(g) Guidelines for pretreatment of pollutants
(1) For the purpose of assisting States in carrying out programs
under section 1342 of this title, the Administrator shall publish,
within one hundred and twenty days after October 18, 1972, and
review at least annually thereafter and, if appropriate, revise
guidelines for pretreatment of pollutants which he determines are
not susceptible to treatment by publicly owned treatment works.
Guidelines under this subsection shall be established to control
and prevent the discharge into the navigable waters, the contiguous
zone, or the ocean (either directly or through publicly owned
treatment works) of any pollutant which interferes with, passes
through, or otherwise is incompatible with such works.
(2) When publishing guidelines under this subsection, the
Administrator shall designate the category or categories of
treatment works to which the guidelines shall apply.
(h) Test procedures guidelines
The Administrator shall, within one hundred and eighty days from
October 18, 1972, promulgate guidelines establishing test
procedures for the analysis of pollutants that shall include the
factors which must be provided in any certification pursuant to
section 1341 of this title or permit application pursuant to
section 1342 of this title.
(i) Guidelines for monitoring, reporting, enforcement, funding,
personnel, and manpower
The Administrator shall (1) within sixty days after October 18,
1972, promulgate guidelines for the purpose of establishing uniform
application forms and other minimum requirements for the
acquisition of information from owners and operators of
point-sources of discharge subject to any State program under
section 1342 of this title, and (2) within sixty days from October
18, 1972, promulgate guidelines establishing the minimum procedural
and other elements of any State program under section 1342 of this
title, which shall include:
(A) monitoring requirements;
(B) reporting requirements (including procedures to make
information available to the public);
(C) enforcement provisions; and
(D) funding, personnel qualifications, and manpower
requirements (including a requirement that no board or body which
approves permit applications or portions thereof shall include,
as a member, any person who receives, or has during the previous
two years received, a significant portion of his income directly
or indirectly from permit holders or applicants for a permit).
(j) Lake restoration guidance manual
The Administrator shall, within 1 year after February 4, 1987,
and biennially thereafter, publish and disseminate a lake
restoration guidance manual describing methods, procedures, and
processes to guide State and local efforts to improve, restore, and
enhance water quality in the Nation's publicly owned lakes.
(k) Agreements with Secretaries of Agriculture, Army, and the
Interior to provide maximum utilization of programs to achieve
and maintain water quality; transfer of funds; authorization of
appropriations
(1) The Administrator shall enter into agreements with the
Secretary of Agriculture, the Secretary of the Army, and the
Secretary of the Interior, and the heads of such other departments,
agencies, and instrumentalities of the United States as the
Administrator determines, to provide for the maximum utilization of
other Federal laws and programs for the purpose of achieving and
maintaining water quality through appropriate implementation of
plans approved under section 1288 of this title and nonpoint source
pollution management programs approved under section 1329 of this
title.
(2) The Administrator is authorized to transfer to the Secretary
of Agriculture, the Secretary of the Army, and the Secretary of the
Interior and the heads of such other departments, agencies, and
instrumentalities of the United States as the Administrator
determines, any funds appropriated under paragraph (3) of this
subsection to supplement funds otherwise appropriated to programs
authorized pursuant to any agreement under paragraph (1).
(3) There is authorized to be appropriated to carry out the
provisions of this subsection, $100,000,000 per fiscal year for the
fiscal years 1979 through 1983 and such sums as may be necessary
for fiscal years 1984 through 1990.
(l) Individual control strategies for toxic pollutants
(1) State list of navigable waters and development of strategies
Not later than 2 years after February 4, 1987, each State shall
submit to the Administrator for review, approval, and
implementation under this subsection -
(A) a list of those waters within the State which after the
application of effluent limitations required under section
1311(b)(2) of this title cannot reasonably be anticipated to
attain or maintain (i) water quality standards for such waters
reviewed, revised, or adopted in accordance with section
1313(c)(2)(B) of this title, due to toxic pollutants, or (ii)
that water quality 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;
(B) a list of all navigable waters in such State for which
the State does not expect the applicable standard under section
1313 of this title will be achieved after the requirements of
sections 1311(b), 1316, and 1317(b) of this title are met, due
entirely or substantially to discharges from point sources of
any toxic pollutants listed pursuant to section 1317(a) of this
title;
(C) for each segment of the navigable waters included on such
lists, a determination of the specific point sources
discharging any such toxic pollutant which is believed to be
preventing or impairing such water quality and the amount of
each such toxic pollutant discharged by each such source; and
(D) for each such segment, an individual control strategy
which the State determines will produce a reduction in the
discharge of toxic pollutants from point sources identified by
the State under this paragraph through the establishment of
effluent limitations under section 1342 of this title and water
quality standards under section 1313(c)(2)(B) of this title,
which reduction is sufficient, in combination with existing
controls on point and nonpoint sources of pollution, to achieve
the applicable water quality standard as soon as possible, but
not later than 3 years after the date of the establishment of
such strategy.
(2) Approval or disapproval
Not later than 120 days after the last day of the 2-year period
referred to in paragraph (1), the Administrator shall approve or
disapprove the control strategies submitted under paragraph (1)
by any State.
(3) Administrator's action
If a State fails to submit control strategies in accordance
with paragraph (1) or the Administrator does not approve the
control strategies submitted by such State in accordance with
paragraph (1), then, not later than 1 year after the last day of
the period referred to in paragraph (2), the Administrator, in
cooperation with such State and after notice and opportunity for
public comment, shall implement the requirements of paragraph (1)
in such State. In the implementation of such requirements, the
Administrator shall, at a minimum, consider for listing under
this subsection any navigable waters for which any person submits
a petition to the Administrator for listing not later than 120
days after such last day.
(m) Schedule for review of guidelines
(1) Publication
Within 12 months after February 4, 1987, and biennially
thereafter, the Administrator shall publish in the Federal
Register a plan which shall -
(A) establish a schedule for the annual review and revision
of promulgated effluent guidelines, in accordance with
subsection (b) of this section;
(B) identify categories of sources discharging toxic or
nonconventional pollutants for which guidelines under
subsection (b)(2) of this section and section 1316 of this
title have not previously been published; and
(C) establish a schedule for promulgation of effluent
guidelines for categories identified in subparagraph (B), under
which promulgation of such guidelines shall be no later than 4
years after February 4, 1987, for categories identified in the
first published plan or 3 years after the publication of the
plan for categories identified in later published plans.
(2) Public review
The Administrator shall provide for public review and comment
on the plan prior to final publication.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 304, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 850; amended Pub. L.
95-217, Secs. 48-51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588,
1598; Pub. L. 97-117, Sec. 23, Dec. 29, 1981, 95 Stat. 1632; Pub.
L. 100-4, title I, Sec. 101(f), title III, Secs. 308(a), (c), (f),
315(c), 316(e), Feb. 4, 1987, 101 Stat. 9, 38-40, 52, 61; Pub. L.
106-284, Sec. 3(b), Oct. 10, 2000, 114 Stat. 871.)

-COD-
CODIFICATION
Section 50 of Pub. L. 95-217 provided in part that, upon the
enactment of subsec. (e) of this section by Pub. L. 95-217 and the
concurrent redesignation of former subsecs. (e) to (j) of this
section as (f) to (k), respectively, all references to former
subsecs. (e) to (j) be changed to (f) to (k), respectively.


-MISC1-
AMENDMENTS
2000 - Subsec. (a)(9). Pub. L. 106-284 added par. (9).
1987 - Subsec. (a)(7), (8). Pub. L. 100-4, Sec. 308(c), added
pars. (7) and (8).
Subsec. (j). Pub. L. 100-4, Sec. 315(c), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: "The
Administrator shall issue information biennially on methods,
procedures, and processes as may be appropriate to restore and
enhance the quality of the Nation's publicly owned freshwater
lakes."
Subsec. (k)(1). Pub. L. 100-4, Sec. 316(e), inserted "and
nonpoint source pollution management programs approved under
section 1329 of this title" before period at end.
Subsec. (k)(3). Pub. L. 100-4, Sec. 101(f), inserted "and such
sums as may be necessary for fiscal years 1984 through 1990" after
"1983".
Subsec. (l). Pub. L. 100-4, Sec. 308(a), added subsec. (l).
Subsec. (m). Pub. L. 100-4, Sec. 308(f), added subsec. (m).
1981 - Subsec. (d)(4). Pub. L. 97-117 added par. (4).
1977 - Subsec. (a)(4) to (6). Pub. L. 95-217, Sec. 48(a), added
pars. (4) to (6).
Subsec. (b)(4). Pub. L. 95-217, Sec. 48(b), added par. (4).
Subsec. (d)(3). Pub. L. 95-217, Sec. 49, added par. (3).
Subsecs. (e) to (i). Pub. L. 95-217, Sec. 50, added subsec. (e)
and redesignated former subsecs. (e) to (h) as (f) to (i),
respectively. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 95-217, Secs. 50, 62(b), redesignated former
subsec. (i) as (j) and substituted "shall issue information
biennially on methods" for "shall, within 270 days after October
18, 1972 (and from time to time thereafter), issue such information
on methods". Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 95-217, Secs. 50, 51, redesignated former
subsec. (j) as (k), substituted "The Administrator shall enter into
agreements with the Secretary of Agriculture, the Secretary of the
Army, and the Secretary of the Interior, and the heads of such
other departments, agencies, and instrumentalities of the United
States as the Administrator determines, to provide the maximum
utilization of other Federal laws and programs" for "The
Administrator shall, within six months from October 18, 1972, enter
into agreements with the Secretary of Agriculture, the Secretary of
the Army, and the Secretary of the Interior to provide for the
maximum utilization of the appropriate programs authorized under
other Federal law to be carried out by such Secretaries" in par.
(1), made conforming amendments in par. (2), and in par. (3)
authorized appropriations for fiscal years 1979 through 1983.


-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, relating to
compliance with this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of the date of
initial operation of the Alaska Natural Gas Transportation System,
see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
Appendix to Title 5, Government Organization and Employees. Office
of Federal Inspector for the Alaska Natural Gas Transportation
System abolished and functions and authority vested in Inspector
transferred to Secretary of Energy by section 3012(b) of Pub. L.
102-486, set out as an Abolition of Office of Federal Inspector
note under section 719e of Title 15, Commerce and Trade.


-MISC2-
REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR TO DECEMBER 27,
1977
Section 73 of Pub. L. 95-217 directed Administrator, within 90
days after Dec. 27, 1977, to review every effluent guideline
promulgated prior to that date which was final or interim final
(other than those applicable to industrial categories listed in
table 2 of Committee Print Numbered 95-30 of Committee on Public
Works and Transportation of House of Representatives) and which
applied to those pollutants identified pursuant to 33 U.S.C.
1314(a)(4) and, on or before July 1, 1980, to review every
guideline applicable to industrial categories listed in such table
2, authorized Administrator, upon completion of each such review to
make such adjustments in any such guidelines as may be necessary to
carry out 33 U.S.C. 1314(b)(4), directed Administrator to publish
the results of each such review, and provided for judicial review
of Administrator's actions.


-EXEC-
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States, see Proc. No.
7219, set out as a note under section 1331 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1255, 1281, 1284,
1288, 1292, 1311, 1312, 1313, 1315, 1317, 1322, 1323, 1329, 1342,
1344, 1369, 1376, 2408 of this title; title 42 sections 6925, 9621.

-End-



-CITE-
33 USC Sec. 1315 01/19/04

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

-HEAD-
Sec. 1315. State reports on water quality

-STATUTE-
(a) Omitted
(b)(1) Each State shall prepare and submit to the Administrator
by April 1, 1975, and shall bring up to date by April 1, 1976, and
biennially thereafter, a report which shall include -
(A) a description of the water quality of all navigable waters
in such State during the preceding year, with appropriate
supplemental descriptions as shall be required to take into
account seasonal, tidal, and other variations, correlated with
the quality of water required by the objective of this chapter
(as identified by the Administrator pursuant to criteria
published under section 1314(a) of this title) and the water
quality described in subparagraph (B) of this paragraph;
(B) an analysis of the extent to which all navigable waters of
such State provide for the protection and propagation of a
balanced population of shellfish, fish, and wildlife, and allow
recreational activities in and on the water;
(C) an analysis of the extent to which the elimination of the
discharge of pollutants and a level of water quality which
provides for the protection and propagation of a balanced
population of shellfish, fish, and wildlife and allows
recreational activities in and on the water, have been or will be
achieved by the requirements of this chapter, together with
recommendations as to additional action necessary to achieve such
objectives and for what waters such additional action is
necessary;
(D) an estimate of (i) the environmental impact, (ii) the
economic and social costs necessary to achieve the objective of
this chapter in such State, (iii) the economic and social
benefits of such achievement, and (iv) an estimate of the date of
such achievement; and
(E) a description of the nature and extent of nonpoint sources
of pollutants, and recommendations as to the programs which must
be undertaken to control each category of such sources, including
an estimate of the costs of implementing such programs.

(2) The Administrator shall transmit such State reports, together
with an analysis thereof, to Congress on or before October 1, 1975,
and October 1, 1976, and biennially thereafter.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 305, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L.
95-217, Sec. 52, Dec. 27, 1977, 91 Stat. 1589.)

-COD-
CODIFICATION
Subsec. (a) authorized the Administrator, in cooperation with the
States and Federal agencies, to prepare a report describing the
specific quality, during 1973, of all navigable waters and waters
of the contiguous zone, including an inventory of all point sources
of discharge of pollutants into these waters, and identifying those
navigable waters capable of supporting fish and wildlife
populations and allowing recreational activities, those which could
reasonably be expected to attain this level by 1977 or 1983, and
those which could attain this level sooner, and submit this report
to Congress on or before Jan. 1, 1974.


-MISC1-
AMENDMENTS
1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 52(1), substituted
"April 1, 1975, and shall bring up to date by April 1, 1976, and
biennially thereafter" for "January 1, 1975, and shall bring up to
date each year thereafter" in provisions preceding subpar. (A).
Subsec. (b)(2). Pub. L. 95-217, Sec. 52(2), substituted "on or
before October 1, 1975, and October 1, 1976, and biennially
thereafter" for "on or before October 1, 1975, and annually
thereafter".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1284, 1324, 1329, 1369,
1377 of this title.

-End-



-CITE-
33 USC Sec. 1316 01/19/04

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

-HEAD-
Sec. 1316. National standards of performance

-STATUTE-
(a) Definitions
For purposes of this section:
(1) The term "standard of performance" means a standard for the
control of the discharge of pollutants which reflect the greatest
degree of effluent reduction which the Administrator determines to
be achievable through application of the best available
demonstrated control technology, processes, operating methods, or
other alternatives, including, where practicable, a standard
permitting no discharge of pollutants.
(2) The term "new source" means any source, the construction of
which is commenced after the publication of proposed regulations
prescribing a standard of performance under this section which will
be applicable to such source, if such standard is thereafter
promulgated in accordance with this section.
(3) The term "source" means any building, structure, facility, or
installation from which there is or may be the discharge of
pollutants.
(4) The term "owner or operator" means any person who owns,
leases, operates, controls, or supervises a source.
(5) The term "construction" means any placement, assembly, or
installation of facilities or equipment (including contractual
obligations to purchase such facilities or equipment) at the
premises where such equipment will be used, including preparation
work at such premises.
(b) Categories of sources; Federal standards of performance for new
sources
(1)(A) The Administrator shall, within ninety days after October
18, 1972, publish (and from time to time thereafter shall revise) a
list of categories of sources, which shall, at the minimum,
include:
pulp and paper mills;
paperboard, builders paper and board mills;
meat product and rendering processing;
dairy product processing;
grain mills;
canned and preserved fruits and vegetables processing;
canned and preserved seafood processing;
sugar processing;
textile mills;
cement manufacturing;
feedlots;
electroplating;
organic chemicals manufacturing;
inorganic chemicals manufacturing;
plastic and synthetic materials manufacturing;
soap and detergent manufacturing;
fertilizer manufacturing;
petroleum refining;
iron and steel manufacturing;
nonferrous metals manufacturing;
phosphate manufacturing;
steam electric powerplants;
ferroalloy manufacturing;
leather tanning and finishing;
glass and asbestos manufacturing;
rubber processing; and
timber products processing.

(B) As soon as practicable, but in no case more than one year,
after a category of sources is included in a list under
subparagraph (A) of this paragraph, the Administrator shall propose
and publish regulations establishing Federal standards of
performance for new sources within such category. The Administrator
shall afford interested persons an opportunity for written comment
on such proposed regulations. After considering such comments, he
shall promulgate, within one hundred and twenty days after
publication of such proposed regulations, such standards with such
adjustments as he deems appropriate. The Administrator shall, from
time to time, as technology and alternatives change, revise such
standards following the procedure required by this subsection for
promulgation of such standards. Standards of performance, or
revisions thereof, shall become effective upon promulgation. In
establishing or revising Federal standards of performance for new
sources under this section, the Administrator shall take into
consideration the cost of achieving such effluent reduction, and
any non-water quality, environmental impact and energy
requirements.
(2) The Administrator may distinguish among classes, types, and
sizes within categories of new sources for the purpose of
establishing such standards and shall consider the type of process
employed (including whether batch or continuous).
(3) The provisions of this section shall apply to any new source
owned or operated by the United States.
(c) State enforcement of standards of performance
Each State may develop and submit to the Administrator a
procedure under State law for applying and enforcing standards of
performance for new sources located in such State. If the
Administrator finds that the procedure and the law of any State
require the application and enforcement of standards of performance
to at least the same extent as required by this section, such State
is authorized to apply and enforce such standards of performance
(except with respect to new sources owned or operated by the United
States).
(d) Protection from more stringent standards
Notwithstanding any other provision of this chapter, any point
source the construction of which is commenced after October 18,
1972, and which is so constructed as to meet all applicable
standards of performance shall not be subject to any more stringent
standard of performance during a ten-year period beginning on the
date of completion of such construction or during the period of
depreciation or amortization of such facility for the purposes of
section 167 or 169 (or both) of title 26 whichever period ends
first.
(e) Illegality of operation of new sources in violation of
applicable standards of performance
After the effective date of standards of performance promulgated
under this section, it shall be unlawful for any owner or operator
of any new source to operate such source in violation of any
standard of performance applicable to such source.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 306, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 854.)


-MISC1-
DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS
Discharges from point sources in the United States Virgin Islands
in existence on Aug. 5, 1983, attributable to the manufacture of
rum not to be subject to the requirements of this section under
certain conditions, see section 214(g) of Pub. L. 98-67, set out as
a note under section 1311 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1311, 1313, 1314, 1317,
1319, 1323, 1326, 1341, 1342, 1365, 1367, 1369, 1371, 1374 of this
title; title 42 section 6925.

-End-



-CITE-
33 USC Sec. 1317 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATIONAND NAVIGABLE WATERS (continued)