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141
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
or operator was acting in accordance with an approved re-
sponse plan. , ._
(H) The Secretary shall maintain, in the Vessel Identifica-
tion System established under chapter 125 of title 46, United
States Code, the dates of approval and review of a response
plan under this paragraph for each tank vessel that is a vessel
of the United States.
(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not later
than 2 years after the date of enactment of this section, the
President shall require— .
(A) periodic inspection of containment booms, skim-
mers, vessels, and other major equipment used to remove
discharges; and
(B) vessels operating on navigable waters and carrying
oil or a hazardous substance in bulk as cargo to carry ap-
propriate removal equipment that employs the best tech-
nology economically feasible and that is compatible with
the safe operation of the vessel.
(7) AREA DRILLS.—The President shall periodically conduct
drills of removal capability, without prior notice, in areas for
which Area Contingency Plans are required under this sub-
section and under relevant tank vessel and facility response
plans. The drills may include participation by Federal, State,
and local agencies, the owners and operators of vessels and fa-
cilities in the area, and private industry. The President may
publish annual reports on these drills, including assessments
of the effectiveness of the plans and a list of amendments
made to improve plans. .
(8) UNITED STATES GOVERNMENT NOT LIABLE.—The United
States Government is not liable for any damages arising from
its actions or omissions relating to any response plan required
by this section.
[Subsection (k) was repealed by sec. 2002(bX2) of P.L. 101-380.]
(1) The President is authorized to delegate the administration
of this section to the heads of those Federal departments, agencies,
and instrumentalities which he determines to be appropriate. Each
such department, agency, and instrumentality, in order to avoid
duplication of effort, shall, whenever appropriate, utilize the per-
sonnel, services, and facilities of other Federal departments, agen-
cies, and instrumentalities.
(m) ADMINISTRATIVE PROVISIONS.—
(1) FOR VESSELS.—Anyone authorized by the President to
enforce the provisions of this section with respect to any vessel
may, except as to public vessels— .
(A) board and inspect any vessel upon the navigable
waters of the United States or the waters of the contiguous
zone,
(B) with or without a warrant, arrest any person who
in the presence or view of the authorized person violates
the provisions of this section or any regulation issued
thereunder, and
(C) execute any warrant or other process issued by an
officer or court of competent jurisdiction.
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
142
(2) FOR FACILITIES.—
(A) RECORDKEEPING.—Whenever required to carry out
the purposes of this section, the Administrator or the Sec-
retary of the Department in which the Coast Guard is op-
erating shall require the owner or operator of a facility to
which this section applies to establish and maintain such
records, make such reports, install, use, and maintain such
monitoring equipment and methods, and provide such
other information as the Administrator or Secretary, as
the case may be, may require to carry out the objectives
of this section.
(B) ENTRY AND INSPECTION.—Whenever required to
carry out the purposes of this section, the Administrator or
the Secretary of the Department in which the Coast Guard
is operating or an authorized representative of the Admin-
istrator or Secretary, upon presentation of appropriate cre-
dentials, may—
(i) enter and inspect any facility to which this sec-
tion applies, including any facility at which any
records are required to be maintained under subpara-
graph (A); and
(ii) at reasonable times, have access to and copy
any records, take samples, and inspect any monitoring
equipment or methods required under subparagraph
(A).
(C) ARRESTS AND EXECUTION OF WARRANTS.—Anyone
authorized by the Administrator or the Secretary of the de-
partment in which the Coast Guard is operating to enforce
the provisions of this section with respect to any facility
may—
(i) with or without a warrant, arrest any person
who violates the provisions of this section or any regu-
lation issued thereunder in the presence or view of the
person so authorized; and
(ii) execute any warrant or process issued by an
officer or court of competent jurisdiction.
(D) PjUBLlC ACCESS.—Any records, reports, or informa-
tion obtained under this paragraph shall be subject to the
same public access and disclosure requirements which are
applicable to records, reports, and information obtained
pursuant to section 308.
(n) The several district courts of the United States are invested
with jurisdiction for any actions, other than actions pursuant to
subsection (iXD, arising under this section. In the case of Guam
and the Trust Territory of the Pacific Islands, such actions may be
brought in the district court of Guam, and in the case of the Virgin
Islands such actions may be brought in the district court of the Vir-
gin Islands. In the case of American Samoa and the Trust Territory
of the Pacific Islands, such actions may be brought in the District
Court of the United States for the District of Hawaii and such
court shall have jurisdiction of such actions. In the case of the
Canal Zone, such actions may be brought in the United States Dis-
trict Court for the District of the Canal Zone.
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143
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(oKD Nothing in this section shall affect or modify in any way
the obligations of any owner or operator of any vessel, or of any
owner or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any
publicly owned or privately owned property resulting from a dis-
charge of any oil or hazardous substance or from the removal of
any such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting
any State or political subdivision thereof from imposing any re-
quirement or liability with respect to the discharge of oil or hazard-
ous substance into any waters within such State, or with respect
to any removal activites related to such discharge.
(3) Nothing in this section shall be construed as affecting or
modifying any other existing authority of any Federal department,
agency, or instrumentality, relative to onshore or offshore facilities
under this Act or any other provision of law, or to affect any State
or local law not in conflict with this section.
[Subsection (p) was repealed by sec. 2002(b)(4) of Public Law
101-380, 104 Stat. 507.]
(q) The President is authorized to establish, with repect to any
class or category of onshore or offshore facilities, a maximum limit
of liability under subsections (fX2) and (3) of this section of less
than $50,000,0000, but not less than, $8,000,000.
(r) Nothing in this section shall be construed to impose, or au-
thorize the imposition of any limitation on liability under the Outer
Continental Shelf Lands Act or the Deepwater Port Act of 1974.
(a) The Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall
be available to carry out subsections (b), (c), (d), (j), and (1) as those
subsections apply to discharges, and substantial threats of dis-
charges, of oil. Any amounts received by the United States under
this section shall be deposited in the Oil Spill Liability Trust Fund.
(33 U.S.C. 1321)
MARINE SANITATION DEVICES
SEC. 312. (a) For the purpose of this section, the term—
(1) "new vessel" includes every description of watercraft or
other artificial contrivance used, or capable of being used, as
a means of transportation on the navigable waters, the con-
struction of which is initiated after promulgation of standards
and regulations under this section;
(2) "existing vessel" includes every description of
watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on the navigable wa-
ters, the construction of which is initiated before promulgation
of standards and regulations under this section;
(3) "public vessel" means a vessel owned or bareboat char-
tered ana operated by the United States, by a State or political
subdivision thereof, or by a foreign nation, except when such
vessel is engaged in commerce;
(4) "United States" includes the States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
144
Guam, American Samoa, the Canal Zone, and the Trust Terri-
tory of the Pacific Islands;
(5) "marine sanitation device" includes any equipment for
installation on board a vessel which is designed to receive, re-
tain, treat, or discharge sewage, and any process to treat such
sewage;
(6) "sewage" means human body wastes and the wastes
from toilets and other receptacles intended to receive or retain
body wastes except that, with respect to commercial vessels on
the Great Lakes, such term shall include graywater;
(7) "manufacture" means any person engaged in the manu-
facturing, assembling, or importation of marine sanitation de-
vices or of vessels subject to standards and regulations promul-
gated under this section;
(8) "person" means an individual, partnership, firm, cor-
poration, association, or agency of the United States, but does
not include an individual on board a public vessel;
(9) "discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping;
(10) "commercial vessels" means those vessels used in the
business of transporting property for compensation or hire, or
in transporting property in the business of the owner, lessee,
or operator of the vessel;
(11) "graywater" means galley, bath, and shower water;
(12) "discharge incidental to the normal operation of a ves-
sel"—
(A) means a discharge, including—
(i) graywater, bilge water, cooling water, weather
deck runoff, ballast water, oil water separator effluent,
and any other pollutant discharge from the operation
of a marine propulsion system, shipboard maneuver-
ing system, crew habitability system, or installed
major equipment, such as an aircraft carrier elevator
or a catapult, or from a protective, preservative, or ab-
sorptive application to the hull of the vessel; and
(ii) a discharge in connection with the testing,
maintenance, and repair of a system described in
clause (i) whenever the vessel is waterbome; and
(B) does not include—
(i) a discharge of rubbish, trash, garbage, or other
such material discharged overboard;
(ii) an air emission resulting from the operation of
a vessel propulsion system, motor driven equipment,
or incinerator; or
(iii) a discharge that is not covered by part 122.3
of title 40, Code of Federal Regulations (as in effect on
the date of the enactment of subsection (n));
(13) "marine pollution control device" means any equip-
ment or management practice, for installation or use on board
a vessel of the Armed Forces, that is—
(A) designed to receive, retain, treat, control, or dis-
charge a discharge incidental to the normal operation of a
vessel; and
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145
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(B) determined bv the Administrator and the Sec-
retary of Defense to be the most effective equipment or
management practice to reduce the environmental impacts
of the discharge consistent with the considerations set
forth in subsection (nX2XB); and
(14) "vessel of the Armed Forces" means—
(A) any vessel owned or operated by the Department
of Defense, other than a time or voyage chartered vessel;
and
(B) any vessel owned or operated by the Department
of Transportation that is designated by the Secretary of
the department in which the Coast Guard is operating as
a vessel equivalent to a vessel described in subparagraph
(A).
(bXl) As soon as possible, after the enactment of this section
and subject to the provisions of section 104(j) of this Act, the Ad-
ministrator, after consultation with the Secretary of the depart-
ment in which the Coast Guard is operating, after giving appro-
priate consideration to the economic costs involved, and within the
limits of available technology, shall promulgate Federal standards
of performance for marine sanitation devices (hereinafter in this
section referred to as "standards") which shall be designed to pre-
vent the discharge of untreated or inadequately treated sewage
into or upon the navigable waters from new vessels and existing
vessels, except vessels not equipped with installed toilet facilities.
Such standards and standards established under subsection
(cXIXB) of this section shall be consistent with maritime safety and
the marine and navigation laws and regulations and shall be co-
ordinated with the regulations issued under this subsection by the
Secretary of the department in which the Coast Guard is operating.
The Secretary of the department in which the Coast Guard is oper-
ating shall promulgate regulations, which are consistent with
standards promulgated under this subsection and subsection (c) of
this section and with maritime safety and the marine and naviga-
tion laws and regulations governing the design, construction, in-
stallation, and operation of any marine sanitation device on board
such vessels.
(2) Any existing vessel equipped with a marine sanitation de-
vice on the date of promulgation of initial standards and regula-
tions under this section, which device is in compliance with such
initial standards and regulations, shall be deemed in compliance
with this section until such time as the device is replaced or is
found not to be in compliance with such initial standards and regu-
lations.
(cXIXA) Initial standards and regulations under this section
shall become effective for new vessels two years after promulgation;
and for existing vessels five years alter promulgation. Revisions of
standards and regulations shall be effective upon promulgation, un-
less another effective date is specified, except that no revision shall
take effect before the effective date of the standard or regulation
being revised.
(B) The Administrator shall, with respect to commercial vessels
on the Great Lakes, establish standards which require at a mini-
mum the equivalent of secondary treatment as defined under sec-
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
146
tion 304(d) of this Act. Such standards and regulations shall take
effect for existing vessels after such time as the Administrator de-
termines to be reasonable for the upgrading of marine sanitation
devices to attain such standard.
(2) The Secretary of the department in which the Coast Guard
is operating with regard to his regulatory authority established by
this section, after consultation with the Administrator, may distin-
guish among classes, types, and sizes of vessels as well as between
new and existing vessels, and may waive applicability of standards
and regulations as necessary or appropriate for such classes, types,
and sizes of vessels (including existing vessels equipped with ma-
rine sanitation devices on the date of promulgation of the initial
standards required by this section), and, upon application, for indi-
vidual vessels.
(d) The provisions of this section and the standards and regula-
tions promulgated hereunder apply to vessels owned and operated
by the United States unless the Secretary of Defense finds that
compliance would not be in the interest of national security. With
respect to vessels owned and operated by the Department of De-
fense, regulations under the last sentence of subsection (bXl) of
this section and certifications under subsection (gX2) of this section
shall be promulgated and issued by the Secretary of Defense.
(e) Before the standards and regulations under this section are
promulgated, the Administrator and the Secretary of the depart-
ment in which the Coast Guard is operating shall consult with the
Secretary of State; the Secretary of Health, Education, and Wel-
fare; the Secretary of Defense; the Secretary of the Treasury; the
Secretary of Commerce; other interested Federal agencies; and the
States and industries interested; and otherwise comply with the re-
quirements of section 553 of title 5 of the United States Code.
(fXD(A) Except as provided in subparagraph (B), after the ef-
fective date of the initial standards and regulations promulgated
under this section, no State or political subdivision thereof shall
adopt or enforce any statute or regulation of such State or political
subdivision with respect to the design, manufacture, or installation
or use of any marine sanitation device on any vessel subject to the
provisions of this section.
(B) A State may adopt and enforce a statute or regulation with
respect to the design, manufacture, or installation or use of any
marine sanitation device on a houseboat, if such statute or regula-
tion is more stringent than the standards and regulations promul-
gated under this section. For purposes of this paragraph, the term
"houseboat" means a vessel which, for a period of time determined
by the State in which the vessel is located, is used primarily as a
residence and is not used primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regula-
tions and prior to their effective date, a vessel is equipped with a
marine sanitation device in compliance with such standards and
regulations and the installation and operation of such device is in
accordance with such standards and regulations, such standards
and regulations shall, for the purposes of paragraph (1) of this sub-
section, become effective with respect to such vessel on the date of
such compliance.
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(3) After the effective date of the initial standards and regula-
tions promulgated under this section, if any State determines that
the protection and enhancement'of the quality of some or all of the
waters within such Skate require greater environmental protection,
such State may completely prohibit the discharge from all vessels
of any sewage, whether treated or not, into such waters, except
that no such prohibition shall apply nantsl the Administrator deter-
mines that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels sure reasonably available
for such water to which such prohibition would apply. Upon appli-
cation of the State, the Administrator shall make such determina-
tion within 90 days of the date of such application.
(4XA) If the Administrator determines upon application by a
State that the protection and enhancement of the quality of speci-
fied waters within such State requires such a prohibition, he shall
by regulation completely prohibit the discharge from a vessel of
any sewage (whether treated or not) into such waters.
(B) Upon application by a State, the Administrator, shall, by
regulation, establish a drinking water intake zone in any waters
within such State and prohibit the discharge of sewage from ves-
sels within that zone.
(g)(l) No manufacturer of a marine sanitation device shall sell,
offer for sale, or introduce or deliver for introduction in interstate
commerce, or import into the United States for sale or resale any
marine sanitation device manufactured after the effective date of
the standards and regulations promulgated under this section un-
less such device is in all material respects substantially the same
as a test device certified under this subsection.
(2) Upon application of the manufacturer, the Secretary of the
department in which the Coast Guard is operating shall so certify
a marine sanitation device if he determines, in accordance with the
provisions of this paragraph, that it meets the appropriate stand-
ards and regulations promulgated under this section. The Secretary
of the department in which the Coast Guard is operating shall test
or require such testing of the device in accordance with procedures
set forth by the Administrator as to standards of performance and
for such other purposes as may be appropriate. If the Secretary of
the department in which the Coast Guard is operating determines
that the device is satisfactory from the standpoint of safety and
any other requirements of maritime law or regulation, and after
consideration of the design, installation, operation, material, or
other appropriate factors, he shall certify tne device. Any device
manufactured by such manufacturer which is in all material re-
spects substantially the same as the certified test device shall be
deemed to be in conformity with the appropriate standards and
regulations established under this section.
(3) Every manufacturer shall establish and maintain such
records, make such reports, and provide such information as the
Administrator or the Secretary of the department in which the
Coast Guard is operating may reasonably require to enable him to
determine whether such manufacturer has acted or is acting in
compliance with tMs secMon and regulations issued thereunder and
shall, upon request of sm cfficerw employee duly designated by the
or tibe Ssoratery of the department m which
loe.
Coast Guard is operating, permit such officer or employee at rea-
sonable times to nave access to and copy such records. All informa-
tion reported to or otherwise obtained by the Administrator or the
Secretary of the department in which the Coast Guard is operating
or their representatives pursuant to this subsection which contains
or relates to a trade secret or other matter referred in section 1905
of title 18 of the United States Code shall be considered confiden-
tial for the purpose of that section, except that such information
may be_disclpsed to other officers or employees concerned with car-
rying out this section. This paragraph shall not apply in the case
of the construction of a vessel by an individual .for his own use.
(h) After the effective date of standards and regulations pro-
mulgated under this section, it shall be unlawful—
(1) for the manufacturer of any vessel subject to such
standards and regulations to manufacture for sale, to sell or
offer for sale, or to distribute for sale or resale any such vessel
unless it is equipped with a marine sanitation device which is
in all material respects substantially the same as the appro-
priate test device certified pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel
subject to such standards and regulations to the ultimate pur-
chaser, wrongfully to remove or render inoperative any cer-
tified marine sanitation device or element of design of such de-
vice installed in such vessel;
(3) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide infor-
mation required under this section; and
(4) for a vessel subject to such standards and regulations
to operate on the navigable waters of the United States,'if such
vessel is not equipped with an operable marine sanitation de-
vice certified pursuant to this section.
(i) The district courts of the United States shall have jurisdic-
tions to restrain violations of subsection (gXD of this section and
subsections (hXD through (3) of this section. Actions to restrain
such violations shall be brought by, and in, the name of the United
States. In case of contumacy or refusal to obey a subpena served
upon any person under this subsection, the district court of the
united States for any district in which such person is found or re-
sides or transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony or to ap-
pear and produce documents, and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(i) Any person who violates subsection (gXD, clause (1) or (2)
of subsection (h), or subsection (nX8) shall be liable to a civil pen-
alty of not more than $5,000 for each violation. Any person who
violates clause (4) of subsection (h) of this section or any regulation
issued pursuant to this section shall be liable to a civil penalty of
not more than $2,000 for each violation. Each violation shall be a
separate offense. The Secretary of the department in which the
Coast Guard is operating may assess and compromise any such
penalty. No penalty shall be assessed until the person charged
shall have been given notice and an opportunity for a hearing on
such charge. In determining the amount of the penalty, or the
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149
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
amount agreed upon in compromise, the gravity of the violation,
and the demonstrated good faith of the person charged in attempt-
ing to achieve rapid compliance, after notification of a violation,
shall be considered by said Secretary.
(k) The provisions of this section shall be enforced by the Sec-
retary of the department in which the Coast Guard is operating
and he may utilize by agreement, with or without reimbursement,
law enforcement officers or other personnel and facilities of the Ad-
ministrator, other Federal agencies, or the States to carry out the
provisions of this section. The provisions of this section may also
be enforced by a State.
(1) Anyone authorized by the Secretary of the department in
which the Coast Guard is operating to enforce the provisions of this
section may, except as to public vessels, (1) board and inspect any
vessel upon the navigable waters of the United States and (2) exe-
cute any warrant or other process issued by an officer or court of
competent jurisdiction.
(m) In the case of Guam and the Trust Territory of the Pacific
Islands, actions arising under this section may be brought in the
district court of Guam, and in the case of the Virgin Islands such
actions may be brought in the district court of the Virgin Islands.
In the case of American Samoa and the Trust Territory of the Pa-
cific Islands, such actions may be brought in the District Court of
the United States for the District of Hawaii and such court shall
have jurisdiction of such actions. In the case of the Canal Zone,
such actions may be brought in the District Court for the District
of the Canal Zone.
(n) UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS
OF THE ARMED FORCES.—
(1) APPLICABILITY.—This subsection shall apply to vessels
of the Armed Forces and discharges, other than sewage, inci-
dental to the normal operation of a vessel of the Armed Forces,
unless the Secretary or Defense finds that compliance with this
subsection would not be in the national security interests of
the United States.
(2) DETERMINATION OF DISCHARGES REQUIRED TO BE CON-
TROLLED BY MARINE POLLUTION CONTROL DEVICES.—
(A) IN GENERAL.—The Administrator and the Sec-
retary of Defense, after consultation with the Secretary of
the department in which the Coast Guard is operating, the
Secretary of Commerce, and interested States, shall jointly
determine the discharges incidental to the normal oper-
ation of a vessel of the Armed Forces for which it is rea-
sonable and practicable to require use of a marine pollu-
tion control device to mitigate adverse impacts on the ma-
rine environment. Notwithstanding subsection (aXD of sec-
tion 653 of title 5, United States Code, the Administrator
and the Secretary of Defense shall promulgate the deter-
minations in accordance with such section. The Secretary
of Defense shall require the use of a marine pollution con-
trol device on board a vessel of the Armed Forces in any
case in which it is determined that the use of such a device
ia reasonable and practicable.
Sec. 312
FEDERAL WATER POLLUTION CONTROL ACT
ISO
(B) CONSIDERATIONS.—In making a determination
under subparagraph (A), the Administrator and the Sec-
retary of Defense shall take into consideration—
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollu-
tion control device;
(iv) the effect that installation or use of the ma-
rine pollution control device would have on the oper-
ation or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
(vii) the economic costs of the installation and use
of the marine pollution control device.
(3) PERFORMANCE STANDARDS FOR MARINE POLLUTION CON-
TROL DEVICES.—
(A) IN GENERAL.—For each discharge for which a ma-
rine pollution control device is determined to be required
under paragraph (2), the Administrator and the Secretary
of Defense, in consultation with the Secretory of the de-
partment in which the Coast Guard is operating, the Sec-
retary of State, the Secretary of Commerce, other inter-
ested Federal agencies, and interested States, shall jointly
promulgate Federal standards of performance for each ma-
rine pollution control device required with respect to the
discharge. Notwithstanding subsection (a)(l) of section 553
of title 5, United States Code, the Administrator and the
Secretory of Defense shall promulgate the standards in ac-
cordance with such section.
(B) CONSIDERATIONS.—In promulgating standards
under this paragraph, the Administrator and the Secretory
of Defense shall take into consideration the matters set
forth in paragraph (2MB).
(C) CLASSES, TYPES, AND SIZES OF VESSELS.—The
standards promulgated under this paragraph may—
(i) distinguish among classes, types, and sizes of
vessels',
(ii) distinguish between new and existing vessels;
and
(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular
class, type, age, or size of vessel.
(4) REGULATIONS FOR USE OF MARINE POLLUTION CONTROL
DEVICES.—The Secretory of Defense, after consultation with
the Administrator and the Secretary of the department in
which the Coast Guard is operating, shall; promulgate such
regulations governing the design, construction, installation,
and use of marine pollution control devices on board vessels of
the Armed Forces as are necessary to achieve the standards
promulgated under paragraph (3).
(5) DEADLINES; EFFECTIVE DATE.—
(A) DETERMINATIONS.—The Administrator and the
Secretary of Defense shall—
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151
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 312
(i) make the initial determinations under para-
graph (2) not later than 2 years after the date of the
enactment of this subsection; and
(ii) every 5 years—
(I) review the determinations; and
(II) if necessary, revise the determinations
based on significant new information.
(B) STANDARDS.—The Administrator and the Secretary
of Defense shall—
(i) promulgate standards of performance for a ma-
rine pollution control device under paragraph (3) not
later than 2 years after the date of a determination
under paragraph (2) that the marine pollution control
device is required; and
(ii) every 5 years—
(I) review the standards; and
(II) if necessary, revise the standards, consist-
ent with paragraph (3KB) and based on significant
new information.
(C) REGULATIONS.—The Secretary of Defense shall
promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practicable
after the Administrator and the Secretary of Defense pro-
mulgate standards with respect to the device under para-
graph (3), but not later than 1 year after the Adminis-
trator and the Secretary of Defense promulgate the stand-
ards. The regulations promulgated by the Secretary of De-
fense under paragraph (4) shall become effective upon pro-
mulgation unless another effective date is specified in the
regulations.
(D) PETITION FOR REVIEW.—The Governor of any State
may submit a petition requesting that the Secretary of De-
fense and the Administrator review a determination under
paragraph (2) or a standard under paragraph (3), if there
is significant new information, not considered previously,
that could reasonably result in a change to the particular
determination or standard after consideration of the mat-
ters set forth in paragraph (2KB). The petition shall be ac-
companied by the scientific and technical information on
which the petition is based. The Administrator and the
Secretary of Defense shall grant or deny the petition not
later than 2 years after the date of receipt of the petition.
(6) EFFECT ON OTHER LAWS.—
(A) PROHIBITION ON REGULATION BY STATES OR POLITI-
CAL SUBDIVISIONS OF STATES.—Beginning on the effective
date of—
(i) a determination under paragraph (2) that it is
not reasonable and practicable to require use of a ma-
rine pollution control device regarding a particular dis-
charge incidental to the normal operation of a vessel
of the Armed Forces; or
(ii) regulations promulgated by the Secretary of
Defense under paragraph (4);
S8C. 312
FEDERAL WATER POLLUTION CONTROL ACT
152
except as provided in paragraph (7), neither a State nor a
political subdivision of a-State may adopt or enforce any
statute or regulation of the State or political subdivision
with respect to the discharge or the design, construction,
installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed
Forces.
(B) FEDERAL LAWS.—This subsection shall not affect
the application of section 311 to discharges incidental to
the normal operation of a vessel.
(7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.—
(A) STATE PROHIBITION.—
(i) IN GENERAL.—After the effective date of—
(I) a determination under paragraph (2) that
it is not reasonable and practicable to require use
of a marine pollution control device regarding a
particular discharge incidental to the normal oper-
ation of a vessel of the Armed Forces; or
(II) regulations promulgated by the Secretary
of Defense under paragraph (4);
if a State determines that the protection and enhance-
ment of the quality of some or all of the waters within
the State require greater environmental protection,
the State may prohibit 1 or more discharges incidental
to the normal operation of a vessel, whether treated or
not treated, into the waters. No prohibition shall apply
until the Administrator makes the determinations de-
scribed in subclauses (II) and (III) of subparagraph
(BXi).
(ii) DOCUMENTATION.—To the extent that a prohi-
bition under this paragraph would apply to vessels of
the Armed Forces and not to other types of vessels,
the State shall document the technical or environ-
mental basis for the distinction.
(B) PROHIBITION BY THE ADMINISTRATOR.—
(i) IN GENERAL.—Upon application of a State, the
Administrator shall by regulation prohibit the dis-
charge from a vessel of 1 or more discharges incidental
to the normal operation of a vessel, whether treated or
not treated, into the waters covered by the application
if the Administrator determines that—
(I) the protection and enhancement of the
quality of the specified waters within the State re-
quire a prohibition of the discharge into the wa-
ters;
(II) adeauate facilities for the safe and sani-
tary removal of the di8charge,-ihcidental to the
normal operation of a vessel aite reasonably avail-
able for the waters to which the prohibition would
apply; and *• -'
(HI) the prohibition will not have the effect of
discriminating against a vessel of the Armed
- Forces by reason of the ownership or operation by
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 313
the Federal Government, or the military function,
of the vessel.
(ii) APPROVAL OR DISAPPROVAL.—The Adminis-
trator shall approve or disapprove an application sub-
mitted under clause (i) not later than 90 days after the
date on which the application is submitted to the Ad-
ministrator. Notwithstanding clause (iXH), the Admin-
istrator shall not disapprove an application for the
sole reason that there are not adequate facilities to re-
move any discharge incidental to the normal operation
of a vessel from vessels of the Armed Forces.
(C) APPLICABILITY TO FOREIGN FLAGGED VESSELS.—A
prohibition under this paragraph—
(i) shall not impose any design, construction, man-
ning, or equipment standard on a foreign flagged ves-
sel engaged in innocent passage unless the prohibition
implements a generally accepted international rule or
standard: and
(ii) that relates to the prevention, reduction, and
control of pollution shall not apply to a foreign flagged
vessel engaged in transit passage unless the prohibi-
tion implements an applicable international regulation
regarding the discharge of oil, oily waste, or any other
noxious substance into the waters.
(8) PROHIBITION RELATING TO VESSELS OF THE ARMED
FORCES.—After the effective date of the regulations promul-
Eted by the Secretary of Defense under paragraph (4), it shall
unlawful for any vessel of the Armed Forces subject to the
regulations to—
(A) operate in the navigable waters of the United
States or the waters of the contiguous zone, if the vessel
is not equipped with any required marine pollution control
device meeting standards established under this sub-
section; or
(B) discharge overboard any discharge incidental to
the normal operation of a vessel in waters with respect to
which a prohibition on the discharge has been established
under paragraph (7).
(9) ENFORCEMENT.—This subsection shall be enforceable,
as provided in subsections (i) and (k), against any agency of the
United States responsible tor vessels of the Armed Forces not-
withstanding any immunity asserted by the agency.
(33 U.S.C. 1322)
FEDERAL FACILITIES POLLUTION CONTROL
SEC. 313. (a) Each department, agency, or instrumentality of
the executive, legislative, and judicial branches of the Federal Gov-
ernment (1) having jurisdiction over anv property or facility, or (2)
engaged in any activity resulting, or which may result, in the dis-
charge or runoff of pollutants, and each officer, agent, or employee
thereof in the performance of his official duties, shall be subject to,
and comply with, all Federal, State, interstate, and local require-
ments, administrative authority, and process and sanctions respect-
Sec. 313
FEDERAL WATER POLLUTION CONTROL ACT
154
ing the control and abatement of water pollution in the same man-
ner, and to the same extent as any nongovernmental entity includ-
ing the payment of reasonable service charges. The preceding sen-
tence shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting requirement,
any requirement respecting permits and any other requirement,
whatsoever), (B) to the exercise of any Federal, State, or local ad-
ministrative authority, and (C) to any process and sanction, wheth-
er enforced in Federal. State, or local courts or in any other man-
ner. This subsection shall apply notwithstanding any immunity of
such agencies, officers, agents, or employees under any law or rule
of law. Nothing in this section shall be construed to prevent any
department, agency, or instrumentality of the Federal Government,
or any officer, agent, or employee thereof in the performance of his
official duties, from removing to the appropriate Federal district
court any proceeding to which the department, agency, or instru-
mentality or officer, agent, or employee thereof is subject pursuant
to this section, and any such proceedingmay be removed in accord-
ance with 28 U.S.C. 1441 et seq. No officer, agent, or employee of
the United States shall be personally liable for any civil penalty
arising from the performance of his official duties, for which he is
not otherwise liable, and the United States shall be liable only for
those civil penalties arising under Federal law or imposed by a
State or local court to enforce an order or the process of such court.
The President may exempt any effluent source of any department,
agency, or instrumentality in the executive branch from compliance
with any such a requirement if he determines it to be in the para-
mount interest of the United States to do so; except that no exemp-
tion may be granted from the requirements of section 306 or 307
of this Act. No such exemptions shall be granted due to lack of ap-
propriation unless the President shall have specifically requested
such appropriation as a part of the budgetary process and the Con-
gress snail nave failed to make available such requested appropria-
tion. Any exemption shall be for a period not in excess of one year,
but additional exemptions may be granted for periods of not to ex-
ceed one year upon the President's making a new determination.
The President shall report each January to the Congress all exemp-
tions from the requirements of this section granted during the pre-
ceding calendar year, together with his reason for granting such ex-
emption. In addition to any such exemption of a particular effluent
source, the President may, if he determines it to be in the para-
mount interest of the United States to do so, issue regulations ex-
empting from compliance with the requirements of this section any
weaponry, equipment, aircraft, vessels, vehicles, or other classes or
categories of property, and access to such property, which are
owned or operated by the Armed Forces of the United States (in-
cluding the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall re-
consider the need for such regulations at three-year intervals.
(bXD The Administrator shall coordinate with the head of each
department, agency, or instrumentality of the Federal Government
having jurisdiction over any property or facility utilizing federally
owned waste water facilities to develop a program of cooperation for
utilizing wastewater control systems utilizing those innovative
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155
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 314
treatment processes and techniques for which guidelines have been
promulgated under section 304(dX3). Such program shall include
an inventory of property and facilities which could utilize such
processes and techniques.
(2) Construction shall not be initiated for facilities for treat-
ment of wastewater at any Federal property or facility after Sep-
tember 30, 1979, if alternative methods for wastewater treatment
at such property or facility utilizing innovative treatment processes
and techniques, including but not limited to methods utilizing recy-
cle and reuse techniques and land treatment are not utilized, un-
less the life cycle cost of the alternative treatment works exceeds
the life cycle cost of the most cost effective alternative by more
than 15 per centum. The Administrator may waive the application
of this paragraph in any case where the Administrator determines
it to be in the public interest, or that compliance with this para-
graph would interfere with the orderly compliance with the condi-
tions of a permit issued pursuant to section 402 of this Act.
(33 U.S.C. 1323)
CLEAN LAKES
SEC. 314. (a) ESTABLISHMENT AND SCOPE OF PROGRAM.—
(1) STATE PROGRAM REQUIREMENTS.—Each State on a bien-
nial basis shall prepare and submit to the Administrator for
his approval—
(A) an identification and classification according to eu-
trophic condition of all publicly owned lakes in such State;
(B) a description of procedures, processes, and meth-
ods (including land use requirements), to control sources of
pollution of such lakes;
(C) a description of methods and procedures, in con-
junction with appropriate Federal agencies, to restore the
quality of such lakes;
(D) methods and procedures to mitigate the harmful
effects of high acidity, including innovative methods of
neutralizing and restoring buffering capacity of lakes and
methods of removing from lakes toxic metals and other
toxic substances mobilized by high acidity;
(E) a list and description of those publicity owned
lakes in such State for which uses are known to be im-
paired, including those lakes which are known not to meet
applicable water quality standards or which require imple-
mentation of control programs to maintain compliance
with applicable standards and those lakes in which water
quality has deteriorated as a result of high acidity that
may reasonably be due to acid deposition; and
(F) an assessment of the status and trends of water
quality in lakes in such State, including but not limited to,
the nature and extent of pollution loading from point and
nonpoint sources and the extent to which the use of lakes
is impaired as a result of such pollution, particularly with
respect to toxic pollution.
(2) SUBMISSION AS PART OF sowbxi) REPORT.—The infonna-
required under paragraph (1) shall be included in the re-
Sec. 314
FEDERAL WATER POLLUTION CONTROL ACT
156
port required under section 305(b)(l) of this Act, beginning
with the report required under such section by April 1, 1988.
(3) REPORT OF ADMINISTRATOR.—Not later than 180 days
after receipt from the States of the biennial information re-
quired under paragraph (1), the Administrator shall submit to
the Committee on Public Works and Transportation of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the status of water
quality in lakes in the United States, including the effective-
ness of the methods and procedures described in paragraph
(1MB).
(4) ELIGIBILITY REQUIREMENT.—Beginning after Apnl 1,
1988, a State must have submitted the information required
under paragraph (1) in order to receive grant assistance under
this section.
(b) The Administrator shall provide financial assistance to
States in order to carry out methods and procedures approved by
him under subsection (a) of this section. The Administrator shall
provide financial assistance to States to prepare the identification
and classification surveys required in subsection (aXD of this sec-
tion.
(c)(l) The amount granted to any State for any fiscal year
under subsection (b) of this section shall not exceed 70 per centum
of the funds expended by such State in such year for carrying out
approved methods and procedures under subsection (a) of this sec-
tion.
(2) There is authorized to be appropriated $50,000,000 for the
fiscal year ending June 30, 1973; $100,000,000 for the fiscal year
1974; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal
year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal
year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal
year 1981, $30,000,000 for fiscal year 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and $30,000,000 per
fiscal year for each of the fiscal years 1986 through 1990 for grants
to States under subsection (b) of this section which such sums shall
remain available until expended. The Administrator shall provide
for an equitable distribution of such sums to the States with ap-
proved methods and procedures under subsection (a) of this section.
(d) DEMONSTRATION PROGRAM.—
(1) GENERAL REQUIREMENTS.—The Administrator is au-
thorized and directed to establish and conduct at locations
throughout the Nation a lake water quality demonstration pro-
gram. The program shall, at a minimum—
(A) develop cost effective technologies for the control of
pollutants to preserve or enhance lake water quality while
optimizing multiple lakes uses;
(B) control nonpoint sources of pollution which are
contributing to the degradation of water quality in lakes;
(C) evaluate the feasibility of implementing regional
consolidated pollution control strategies;
(D) demonstrate environmentally preferred techniques
for the removal and disposal of contaminated lake sedi-
ments;
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157
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 314
(E) develop improved methods for the removal of silt,
stumps, aquatic growth, and other obstructions which im-
pair the quality of lakes;
(F) construct and evaluate silt traps and other devices
or equipment to prevent or abate the deposit of sediment
in lakes; and
(G) demonstrate the costs and benefits of utilizing
dredged material from lakes in the reclamation of de-
spoiled land.
(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration
projects authorized by this subsection shall be undertaken to
reflect a variety of geographical and environmental conditions.
As a priority, the Administrator shall undertake demonstration
projects at Lake Champlain, New York and Vermont: Lake
Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and
Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon
Lake, New Jersey; Gorton's Pond, Rhode Island; Lake Wash-
ington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake,
Minnesota; and Lake worth, Texas.
(3) REPORTS.—By January 1, 1997. and January 1 of every
odd-numbered year thereafter, the Administrator shall report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate on work undertaken pursuant
to this subsection. Upon completion of the program authorized
by this subsection, the Administrator shall submit to such com-
mittees a final report on the results of such program, along
with recommendations for further measures to improve the
water quality of the Nation's lakes.
(4) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appro-
priated to carry out this subsection not to exceed
$40,000,000 for fiscal years beginning after September 30,
1986, to remain available until expended.
(B) SPECIAL AUTHORIZATIONS.—
(i) AMOUNT.—There is authorized to be appro-
priated to carry out subsection (b) with respect to sub-
section (aXlXD) not to exceed $15,000,000 for fiscal
years beginning after September 30, 1986, to remain
available until expended.
(ii) DISTRIBUTION OF FUNDS.—The Administrator
shall provide for an equitable distribution of sums ap-
propriated pursuant to this subparagraph among
States carrying out approved methods and procedures.
Such distribution shall be based on the relative needs
of each such State for the mitigation of the harmful ef-
fects on lakes and other surface waters of high acidity
that may reasonably be due to acid deposition or acid
mine drainage.
(iii) GRANTS AS ADDITIONAL ASSISTANCE.—The
amount of any grant to a State under this subpara-
graph shall be in addition to, and not in lieu of, any
other Federal financial assistance.
(33 U.S.C. 1324)
Sec. 315
FEDERAL WATER POLLUTION CONTROL ACT
158
NATIONAL STUDY COMMISSION
SEC. 315. (a) There is established a National Study Con»r*8-
sion, which shall make a full and complete investigation and study
of all of the technological aspects of achieving, and all aspects of
the total economic, social, and environmental effects of achieving or
not achieving, the effluent limitations and goals set forth for 1983
in section 30 l(b)(2) of this Act.
(b) Such Commission shall be composed of fifteen members, in-
cluding five members of the Senate, who are members of the Public
Works committee, appointed by the President of the Senate, five
members of the House, who are members of the Public Works com-
mittee, appointed by the Speaker of the House, and five members
of the public appointed by the President. The Chairman of such
Commission shall be elected from among its members.
(c) In the conduct of such study, the Commission is authorized
to contract with the National Academy of Sciences and the Na-
tional Academy of Engineering (acting through the National Re-
search Council), the National Institute of Ecology, Brookings Insti-
tution, and other nongovernmental entities, for the investigation of
matters within their competence.
(d) The heads of the departments, agencies and instrumental-
ities of the executive branch of the Federal Government shall co-
operate with the Commission in carrying out the requirements of
this section, and shall furnish to the Commission such information
as the Commission deems necessary to carry out this section.
(e) A report shall be submitted to the Congress of the results
of such investigation and study, together with recommendations,
not later than three years after the date of enactment of this title.
(0 The members of the Commission who are not officers or em-
ployees of the United States, while attending conferences or meet-
ings of the Commission or while otherwise serving at the request
of the Chairman shall be entitled to receive compensation at a rate
not in excess of the maximum rate of pay for grade GS-18, as pro-
vided in the General Schedule under section 5332 of title V of the
United States Code, including trayeltime and while away from
their homes or regular places of business they may be allowed trav-
el expenses, including per diem in lieu of subsistence as authorized
by law (5 U.S.C. 73b»-2) for persons in the Government service em-
ployed intermittently.
(g) In addition to authority to appoint personnel subject to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and to pay such personnel in accordance
with the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, the Commission shall have authority to enter into contracts
with private or public organizations who shall furnish the Commis-
sion with such administrative and technical personnel as may be
necessary to carry out the purpose of this section. Personnel fur-
nished by such organizations under this subsection are not, and
shall not be considered to be, Federal employees for any purposes,
but in the performance of their duties shall be guided by the stand-
ards which apply to employees of the legislative branches under
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159
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 317
Sec. 318
FEDERAL WATER POLLUTION CONTROL ACT
160
rules 41 and 43 of the Senate and House of Representatives, re-
spectively.
(h) There is authorized to be appropriated, for use in carrying
out this section, not to exceed $17,250,000.
(33 U.S.C. 1325)
THERMAL DISCHARGES
SEC. 316. (a) With respect to any point source otherwise sub-
ject to the provisions of section 301 or section 306 of this Act,
whenever the owner or operator of any such source, after oppor-
tunity for public hearing, can demonstrate to the satisfaction of the
Administrator (or, if appropriate, the State) that any effluent limi-
tation proposed for the control of the thermal component of any dis-
charge from such source will require effluent limitations more
stringent than necessary to assure the projection and propagation
of a balanced, indigenous population of shellfish, fish, ana wildlife
in and on the body of water into which the discharge is to be made,
the Administrator (or, if appropriate, the State) may impose an ef-
fluent limitation under such sections for such plant, with respect
to the thermal component of such discharge (taking into account
the interaction of such thermal component with other pollutants),
that will assure the projection and propagation of a balanced, in-
digenous population of shellfish, fish, and wildlife in and on that
body of water.
(b) Any standard established pursuant to section 301 or section
306 of this Act and applicable to a point source shall require that
the location, design, construction, and capacity of cooling water in-
take structures reflect the best technology available for minimizing
adverse environmental impact.
(c) Notwithstanding any other provision of this Act, any point
source of a discharge having a thermal component, the modification
of which point source is commenced after the date of enactment of
the Federal Water Pollution Control Act Amendments of 1972 and
which, as modified, meets effluent limitations established under
section 301 or, if more stringent, effluent limitations established
under section 303 and which effluent limitations will assure protec-
tion and propagation of a balanced, indigenous population pi shell-
fish, fish, and wildlife in or on the water into which the discharge
is made, shall not be subject to any more stringent effluent limita-
tion with respect to the thermal component of its discharge during
a ten year period beginning on the date of completion of such modi-
fication or during the period of depreciation or amortization of such
facility for the purpose of section 167 or 169 (or both) of the Inter-
nal Revenue Code of 1954, whichever period ends first.
(33 U.S.C. 1326)
FINANCING STUDY
SEC. 317. (a) The Administrator shall continue to investigate
and study the feasibility of alternate methods of financing the cost
of preventing, controlling and abating pollution as directed in the
Water Quality Improvement Act of 1970 (Public Law 91-224), in-
cluding, but not limited to, the feasibility of establishing a pollution
abatement trust fund. The results of such investigation and study
shall be reported to the Congress not later than two years after en-
actment of this title, together with recommendations of the Admin-
istrator for financing the programs for preventing, controlling and
abating pollution for the fiscal years beginning after fiscal year
1976, including any necessary legislation.
(b) There is authorized to be appropriated for use in carrying
out this section, not to exceed $1,000,000.
(33 U.S.C. 1327)
AQUACULTURE
SEC. 318. (a) The Administrator is authorized, after public
hearings, to permit the discharge of a specific pollutant or pollut-
ants under controlled conditions associated with an approved aqua-
culture project under Federal or State supervision pursuant to sec-
tion 402 of this Act.
(b) The Administrator shall by regulation establish any proce-
dures and guidelines which the Administrator deems necessary to
carry out this section. Such regulations shall require the applica-
tion to such discharge of each criterion, factor, procedure, and re-
quirement applicable to a permit issued under section 402 of this
title, as the Administrator determines necessary to carry out the
objective of this Act.
(c) Each State desiring to administer its own permit program
within its jurisdiction for discharge of a specific pollutant or pollut-
ants under controlled conditions associated with an approved aqua-
culture project may do so if upon submission of such program the
Administrator determines such program is adequate to carry out
the objective of this Act.
(33 U.S.C. 1328)
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) STATE ASSESSMENT REPORTS.—
(1) CONTENTS.—The Governor of each State shall, after no-
tice and opportunity for public comment, prepare and submit
to the Administrator for approval, a report which—
(A) identifies those navigable waters within the State
which, without additional action to control nonpoint
sources of pollution, cannot reasonably be expected to at-
tain or maintain applicable water quality standards or the
goals and requirements of this Act;
(B) identifies those categories and subcategories of
nonpoint sources or, where appropriate, particular
nonpoint sources which add significant pollution to each
portion of the navigable waters identified under subpara-
graph (A) in amounts which contribute to such portion not
meeting such water quality standards or such goals and
requirements;
(C) describes the process, including intergovernmental
coordination and public participation, for identifying bjwt
management practices and measures to control each V-
egory and subcategory of nonpoint sources and, where ap-
propriate, particular nonpoint sources identified under
subparagraph (B) and to reduce, to the maximum talent
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161
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
practicable, the level of pollution resulting from such cat-
egory, subcategory, or source; and
(D) identities and describes State and local programs
for controlling pollution added from nonpoint sources to,
and improving the quality of, each such portion of the nav-
igable waters, including out not limited to those programs
which are receiving Federal assistance under subsections
(h) and (i).
(2) INFORMATION USED IN PREPARATION.—In developing the
report required by this section, the State (A) may rely upon in-
formation developed pursuant to sections 208, 303(e), 304(0,
305(b), and 314, and other information as appropriate, and (B)
may utilize appropriate elements of the waste treatment man-
agement plans developed pursuant to sections 208(b) and 303,
•to the extent such elements are consistent with and fulfill the
requirements of this section.
(b) STATE MANAGEMENT PROGRAMS.—
(1) IN GENERAL.—The Governor of each State, for that
State or in combination with adjacent States, shall, after notice
and opportunity for public comment, prepare and submit to the ~
Administrator tor approval a management program which such
State proposes to implement in the first four fiscal years begin-
ning after the date of submission of such management program
for controlling pollution added from nonpoint sources to the
navigable waters within the State and improving the quality of
such waters.
(2) SPECIFIC CONTENTS.—Each management program pro-
posed for implementation under this subsection shall include
each of the following:
(A) An identification of the best management practices
and measures which will be undertaken to reduce pollut-
ant loadings resulting from each category, subcategory, or
particular nonpoint source designated under paragraph
(1KB), taking into account the impact of the practice on
ground water quality.
(B) An identification of programs (including, as appro-
priate,, nonregulatory or regulatory programs for enforce-
ment, technical assistance, financial assistance, education,
training, technology transfer, and demonstration projects)
to achieve implementation of the best management prac-
tices by the categories, subcategories, and particular
nonpoint sources designated under subparagraph (A).
(C) A schedule containing annual milestones for (i) uti-
lization of the program implementation methods identified
in subparagraph (B), and (ii) implementation of the best
management practices identified in subparagraph (A) by
the categories, subcategories, or particular nonpoint
sources designated under paragraph (1KB). Such schedule
shall provide for utilization of the best management prac-
tices at the earliest practicable date.
(D) A certification of the attorney general of the State
or States (or the chief attorney of any State water pollu-
tion control agency which has independent legal counsel)
that the laws of the State or States, as the case may be,
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
182
provide adequate authority to implement such manage-
ment program or, if there is not such adequate authority,
a list of such additional authorities as will be necessa rv to
implement such management program. A schedule and
commitment by the State or States to seek such additional
authorities as expeditiously as practicable.
(E) Sources of Federal and other assistance and fund-
ing (other than assistance provided under subsections (h)
and (i)) which will be available in each of such fiscal years
for supporting implementation of such practices and meas-
ures and the purposes for which such assistance will be
used in each of such fiscal years.
(F) An identification of Federal financial assistance
programs and Federal development projects for which the
State will review individual assistance applications or de-
velopment projects for their effect on water quality pursu-
ant to the procedures set forth in Executive Order 12372
as in effect on September 17, 1983, to determine whether
such assistance applications or development projects would
be consistent with the program prepared under this sub-
section; for the purposes of this subparagraph, identifica-
tion shall not be limited to the assistance programs or de-
velopment projects subject to Executive Order 12372 but
may include any programs listed in the most recent Cata-
log of Federal Domestic Assistance which may have an ef-
fect on the purposes and objectives of the State's nonpoint
source pollution management program.
(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In devel-
oping and implementing a management program under this
subsection, a State shalT, to the maximum extent practicable,
involve local public and private agencies and organizations
which have expertise in control of nonpoint sources of pollu-
tion.
(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to
the maximum extent practicable, develop and implement a
management program under this subsection on a watershed-
by-watershed basis within such State.
(c) ADMINISTRATIVE PROVISIONS.—
(1) COOPERATION REQUIREMENT.—Any report required by
subsection (a) and any management program and report re-
quired by subsection (b) shall be developed in cooperation with
local, substate regional, and interstate entities which are ac-
tively planning for the implementation of nonpoint source pol-
lution controls and have either been certified by the Adminis-
trator in accordance with section 208, have worked jointly with
the State on water quality management planning under section
205(j), or have been designated by the State legislative body or
Governor as water quality management planning agencies for
their geographic areas.
(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGE-
MENT PROGRAMS.—Each report and management program shall
be submitted to the Administrator during the 18-month period
beginning on the date of the enactment of this section.
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT
PROGRAMS.—
(1) DEADLINE.—Subject to paragraph (2), not later than
180 days after the date of submission to the Administrator of
any report or management program under this section (other
than subsections (h), (i), and (k)), the Administrator shall ei-
ther approve or disapprove such report or management pro-
gram, as the case may be. The Administrator may approve a
portion of a management program under this subsection. If the
Administrator does not disapprove a report, management pro-
gram, or portion of a management program in such 180-day pe-
riod, such report, management program, or portion shall be
deemed approved for purposes of this section.
(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and op-
portunity for public comment and consultation with appro-
priate Federal and State agencies and other interested per-
sons, the Administrator determines that—
(A) the proposed management program or any portion
thereof does not meet the requirements of subsection (bX2)
of this section or is not likely to satisfy, in whole or in
part, the goals and requirements of this Act;
(B) adequate authority does not exist, or adequate re-
sources are not available, to implement such program or
portion;
(C) the schedule for implementing such program or
portion is not sufficiently expeditious; or
(D) the practices and measures proposed in such pro-
gram or portion are not adequate to reduce the level of pol-
lution in navigable waters in the State resulting from
nonpoint sources and to improve the quality of navigable
waters in the State;
the Administrator shall within 6 months of the receipt of the
proposed program notify the State of any revisions or modifica-
tions necessary to obtain approval. The State shall thereupon
have an additional 3 months to submit its revised management
program and the Administrator shall approve or disapprove
such revised program within three months of receipt.
(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of
a State does not submit the report required by subsection (a)
within the period specified by subsection (cX2), the Adminis-
trator shall, within 30 months after the date of the enactment
of this section, prepare a report for such State which makes
the identifications required by paragraphs (IXA) and (1XB) of
subsection (a). Upon completion of the requirement of the pre-
ceding sentence and after notice and opportunity for comment,
the Administrator shall report to Congress on his actions pur-
suant to this section.
(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—
If a State fails to submit a management program under subsection
(b) or the Administrator does not approve such a management pro-
gram, a local public agency or organization which has expertise in,
and authority to, control water pollution resulting from nonpoint
sources in any area of such State which the Administrator deter-
mines is of sufficient geographic size may, with approval of such
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
164
State, request the Administrate - to provide, and the Administrator
shall provide, technical assistance to such agency or organization
in developing for such area a management program which is de-
scribed in subsection (b) and can be approved pursuant to sub-
section (d). After development of such management program, such
agency or organization shall submit such management program to
the Administrator for approval. If the Administrator approves such
management program, such agency or organization shall be eligible
to receive financial assistance under subsection (h) for implementa-
tion of such management program as if such agency or organization
were a State for which a report submitted under subsection (a) and
a management program submitted under subsection (b) were ap-
proved under this section. Such financial assistance shall be sub-
ject to the same terms and conditions as assistance provided to a
State under subsection (h).
(0 TECHNICAL ASSISTANCE FOR STATE.—Upon request of a
State, the Administrator may provide technical assistance to such
State in developing a management program approved under sub-
section (b) for those portions of the navigable waters requested by
such State.
(g) INTERSTATE MANAGEMENT CONFERENCE.—
(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—
If any portion of the navigable waters in any State which is
implementing a management program approved under this
section is not meeting applicable water quality standards or
the goals and requirements of this Act as a result, in whole or
in part, of pollution from nonpoint sources in another State,
such State may petition the Administrator to convene, and the
Administrator shall convene, a management conference of all
States which contribute significant pollution resulting from
nonpoint sources to such portion. If, on the basis of information
available, the Administrator determines that a State is not
meeting applicable water quality standards or the goals and
requirements of this Act as a result, in whole or in part, of sig-
nificant pollution from nonpoint sources in another State, the
Administrator shall notify such States. The Administrator may
convene a management conference under this paragraph not
later than 180 days after giving such notification, whether or
not the State which is not meeting such standards requests
such conference. The purpose of such conference shall be to de-
velop an agreement among such States to reduce the level of
pollution in such portion resulting from nonpoint sources and
to improve the water quality of such portion. Nothing in such
agreement shall supersede or abrogate rights to quantities of
water which have been established by interstate water com-
pacts, Supreme Court decrees, or State water laws. This sub-
section shall not apply to any pollution which is subject to the
Colorado River Basin Salinity Control Act. The requirement
that the Administrator convene a management conference
shall not be subject to the provisions of section 505 of this Act.
(2) STATE MANAGEMENT PROGRAM REQUIREMENT.—To the
extent that the States reach agreement through such con-
ference, the management programs of the States which are
parties to such agreements and which contribute significant
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165
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 319
pollution to the navigable waters or portions thereof not meet-
ing applicable water quality standards or goals and require-
ments of this Act will be revised to reflect such agreement.
Such management programs shall be consistent with Federal
and State law.
(h) GRANT PROGRAM.—
(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PRO-
GRAMS.—Upon application of a State for which a report submit-
ted under subsection (a) and a management program submit-
ted under subsection (b) is approved under this section, the Ad-
ministrator shall make grants, subject to such terms and con-
ditions as the Administrator considers appropriate, under this
subsection to such State for the purpose of assisting the State
in implementing such management program. Funds reserved
pursuant to section 206(jX5) of this Act may be used to develop
and implement such management program.
(2) APPLICATIONS.—An application for a grant under this
subsection in any fiscal year shall be in such form and shall
contain such other information as the Administrator may re-
quire, including an identification and description of the best
management practices and measures which the State proposes
to assist, encourage, or require in such year with the Federal
assistance to be provided under the grant
(3) FEDERAL SHARE.—The Federal share of the cost of each
management program implemented with Federal assistance
under this subsection in any fiscal year shall not exceed 60
percent of the cost incurred by the State in implementing such
management program and shall be made on condition that the
non-Federal snare is provided from non-Federal sources.
(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any
other provision of this subsection, not more than 15 percent of
the amount appropriated to carry out this subsection may be
used to make grants to any one State, including any grants to
any local public agency or organization with authority to con-
trol pollution from nonpoint sources in any area of such State.
(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal
year beginning after September 30, .1987, the Administrator
may give priority in making grants under this subsection, and
shall give consideration in determining the Federal share of
any such grant, to States which have implemented or are pro-
posing to implement management programs which will—
(A) control particularly difficult or serious nonpoint
source pollution problems, including, but not limited to,
problems resulting from mining activities;
(B) implement innovative methods or practices for con-
trolling nonpoint sources of pollution, including regulatory
programs where the Administrator deems appropriate;
(C) control interstate nonpoint source pollution prob-
lems; or
(D) carry out (pound water quality protection activities
which the Administrator determines are part of a com-
prehensive nonpoint source pollution control program, in-
cluding research, planning, ground water assessments,
demonstration programs, enforcement, technical assist-
Sec. 319
FEDERAL WATER POLLUTION CONTROL ACT
166
ance, education, and training to protect ground waller qual-
ity from nonpoint sources of pollution.
(6) AVAILABILITY FOR OBLIGATION.—The funds granted to
each State pursuant to this subsection in a fiscal year shall re-
main available for obligation by such State for the fiscal year
for which appropriated. The amount of any such funds not obli-
gated by the end of such fiscal year shall be available to the
Administrator for granting to other States under this sub-
section in the next fiscal year.
(7) LIMITATION ON USE OF FUNDS.—States may use funds
from grants made pursuant to this section for financial assist-
ance to persons only to the extent that such assistance is relat-
ed to the costs of demonstration projects.
(8) SATISFACTORY PROGRESS.—No grant may be made
under this subsection in any fiscal year to a State which in the
Kreceding fiscal year received a grant under this subsection un-
;ss the Administrator determines that such State made satis-
factory progress in such preceding fiscal year in meeting the
schedule specified by such State under subsection (b)(2).
(9) MAINTENANCE OF EFFORT.—No grant may be made to
a State under this subsection in any fiscal year unless such
State enters into such agreements with the Administrator as
the Administrator may require to ensure that such State will
maintain its aggregate expenditures from all other sources for
programs for controlling pollution added to the navigable wa-
ters in such State from nonpoint sources and improving the
quality of such waters at or above the average level of such ex-
penditures in its two fiscal years preceding the date of enact-
ment of this subsection.
(10) REQUEST FOR INFORMATION.—The Administrator may
request such information, data, and reports as he considers
necessary to make the determination of continuing eligibility
for grants under this section.
(11) REPORTING AND OTHER REQUIREMENTS.—Each State
shall report to the Administrator on an annual basis concern-
ing (A) its progress in meeting the schedule of milestones sub-
mitted pursuant to subsection (bX2XC) of this section, and (B)
to the extent that appropriate information is available, reduc-
tions in nonpoint source pollutant loading and improvements
in water quality for those navigable waters or watersheds
within the State which were identified pursuant to subsection
(a)(lXA) of this section resulting from implementation of the
management program.
(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes
of this subsection, administrative costs in the form of salaries,
overhead, or indirect costs for services provided and charged
against activities and programs carried out with a grant under
this subsection shall not exceed in any fiscal year 10 percent
of the amount of the grant in such year, except that costs of
implementing enforcement and regulatory activities, education, '
training, technical assistance, demonstration projects, and
technology transfer programs shall not be subject to this limi-
tation.
(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.—
-------
(1) ELIGIBLE APPLICANTS AND.ACTIVITIES.—Upon applica-
tion of a State for which a report submitted under subsection
(a) and a plan submitted under subsection (b) is approved
under this section, the Administrator shall make grants under
this subsection to such State for the purpose of assisting such
State in carrying out groundwater quality protection activities
which the Administrator determines will advance the State to-
ward implementation of a comprehensive nonpoint source pol-
lution control program. Such activities shall include, but not be
limited to, research, planning, groundwater assessment, dem-
onstration programs, enforcement, technical assistance, edu-
cation and training to protect the -quality of groundwater and
to prevent contamination of groundwater from nonpoint
sources of pollution.
(2) APPLICATIONS.—An application for a grant under this
subsection shall be in such form and shall contain such infor-
mation as the Administrator may require.
(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal
share of the cost of assisting a State in carrying out ground-
water protection activities in any •fiscal year under this sub-
section shall be 50 percent of the coats incurred by the State
in carrying out such activities, except that the maximum
amount of Federal assistance wMclht any State may receive
under this subsection in any fiscal year shall not exceed
$150,000.
(4) REPORT.—The Administrator shall include in each re-
port transmitted under subsection (m) a report on the activites
and programs implemented under this subsection during the
preceding fiscal year.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out subsections (h) and (i) not to exceed
$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for
each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year
1991; except that for each of such fiscal years not to exceed
$7,500,000 may bs made available to carry out subsection (i). Sums
appropriated pursuant to this subsection shall remain available
until expended
(k) CONSISTENCY OP OTHER PROGRAMS AND PROJECTS WITH
MANAGEMENT PROGRAMS.—The Administrator shall transmit to the
Office of Management and Budget and the appropriate Federal de-
partments and agencies a list of those assistance programs and de-
velopment projects identified by each State under subsection
(bX2XF) for which individual assistance applications and projects
will be reviewed pursuant to the procedures set forth in Executive
Order 12372 as in effect on September 17, 1983. Beginning not
later than sixty days after receiving notification by the Adminis-
trator, each Federal department ana agency shall modify existing
regulations to allow States to review individual development
projects and assistance applications under the identified Federal
assistance programs and shall accommodate, according to the re-
quirements and definitions of Executive Order 12372, as in effect
on September 17, 1983, the concerns of the State ^regarding the
consistency of such applications or ]
i pollution):
(1) COLLECTION OF INFORMATION.—The Administrator shall col-
lect and make available, through publications and other appro-
priate means, information pertaining to management practices and
implementation methods, including, but not limited to, (1) informa-
tion concerning the costs and relative efficiencies of best manage-
ment practices for reducing nonpoint source pollution; and (2)
available data concerning the relationship between water quality
and implementations. of various management practices to control
nonpoint sources of pollution.
(m) REPORTS OF ADMINHSTRATOR.—
• (1) ANNUAL REPORTS.—Not later than January 1, 1988,
and each January 1 thereafter, the Administrator shall trans-
mit to the Committee on Public Works and Transportation of
the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate, a report for the preced-
ing fiscal year on the activities and programs implemented
under this section and the progress made in reducing pollution
in the navigable waters resulting from nonpoint sources and
improving the quality of such waters.
(2) FINAL REPORT.—Not later than January 1, H990, the
Administrator shall transmit to Congress a final report on the
activities carried out under this section. Such report, at a mini-
mum, shall—
(A) describe the management programs being imple-
mented by the States by types and amount of affected nav-
igable waters, categories and subcategories of nonpoint
sources, and types of best management practices being im-
plemented;
(B) describe the experiences of the States in adhering
to schedule and implementing best management practices;
(C) describe the amount and purpose of grants award-
ed pursuant to subsections (h) and (i) of this section;
(D) identify, to the extent that information is avail-
able, the progress made in reducing pollutant loads and
improving water quality in the navigable waters;
(E) indicate what further actions need to be taken to
attain and maintain in those navigable waters (i) applica-
ble water quality standards, and (ii) the goals and require-
ments of this Act;
(F) include recommendations of the Administrator con-
cerning future programs (including enforcement programs)
for controlling pollution from nonpoint sources; and
(G) identify the activities and programs of depart-
ments, agencies, and instrumentalities of the United
States which are inconsistent with the management pro-
grams submitted by the States and recommend modifica-
tions so that such activities and programs are consistent
with and assist the States in implementation of such man-
agement programs.
(n) SET ASIDE FOR ADMDNISTRATIVE PERSONNEL.—Not less than
5 percent of the funds appropriated pursuant to subsection (j) for
any fiscal year shall bs available to the Administrator to maintain
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169
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 320
personnel levels at the Environmental Protection Agency at levels
which are adequate tOKcarry out this section in such year.
(33 U.S.C. 1329)
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) MANAGEMENT CONFERENCE.—
(1) NOMINATION OF ESTUARIES.—The Governor of any State
may nominate to the Administrator an estuary lying in whole
or in part within the State as an estuary of national signifi-
cance and request a management conference to develop a com-
prehensive management plan for the estuary. The nomination
shall document the need for the conference, the likelihood of
success, and information relating to the factors in paragraph
(2).
(2) CONVENING OF CONFERENCE.—
(A) IN GENERAL.—In any case where the Administrator
determines, on his own initiative or upon nomination of a
State under paragraph (1), that the attainment or mainte-
nance of that water quality in an estuary which assures
protection of public water supplies and the protection and
propagation of a balanced, indigenous population of shell-
fish, fish, and wildlife and allows recreational activities, in
and on the water, requires the control of point and
nonpoint sources of pollution to supplement existing con-
trols of pollution in more than one State, the Adminis-
trator shall select such estuary and convene a manage-
ment conference.
(B) PRIORITY CONSIDERATION.—The Administrator
shall give priority consideration under this section to Long
Island Sound, New York and Connecticut; Narragansett
Bay, Rhode Island; Buzzards Bay, Massachusetts; Massa-
chusetts Bay, Massachusetts (including Cape Cod Bay and
Boston Harbor);1 Puget Sound, Washington; New York-
New Jersey Harbor, New York and New Jersey; Delaware
Bay, Delaware and New Jersey; Delaware Inland Bays,
Delaware; Albennarle Sound, North Carolina; Sarasota
Bay, Florida; San Francisco Bay, California; Santa Monica
Bay, California; Galveston Bay, Texas;2 Barataria-
Terrebonne Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; and Peconic Bay, New York.
(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which
a boundary between two States passes through an estuary and
such boundary is disputed and is the subject of an action in
any court, the Administrator shall not convene a management
conference with respect to such estuary before a final adjudica-
tion has been made of such dispute.
(b) PURPOSES OF CONFERENCE.—The purposes of any manage-
ment conference convened with respect to an estuary under this
subsection shall be to—
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Sec. 320
FEDERAL WATER POLLUTION CONTROL ACT
170
(1) assess trends in water quality, natural resources, and
uses of the estuary;
(2) collect, characterize, and assess data on toxics, nutri-
ents, and natural resources within the estuarine zone to iden-
tify the causes of environmental problems;
(3) develop the relationship between the inplace loads and
point and nonpoint loadings of pollutants to the estuarine zone
and the potential uses of the zone, water quality, and natural
resources;
(4) develop a comprehensive conservation and management
plan that recommends priority corrective actions and compli-
ance schedules addressing point and nonpoint sources of pollu-
tion to restore and maintain the chemical, physical, and bio-
logical integrity of the estuary, including restoration and main-
tenance of water quality, a balanced indigenous population of
shellfish, fish and wildlife, and recreational activities in the es-
tuary, and assure that the designated uses of the estuary are
protected;
(5) develop plans for the coordinated implementation of the
plan by the States as well as Federal and local agencies par-
ticipating in the conference;
(6) monitor the effectiveness of actions taken pursuant to
the plan; and
(7) review all Federal financial assistance programs and
Federal development projects in accordance with the require-
ments of Executive Order 12372, as in effect on September 17,
1983, to determine whether such assistance program or project
would be consistent with and further the purposes and objec-
tives of the plan prepared under this section.
For purposes ot paragraph (7), such programs and projects shall
not be limited to the assistance programs and development projects
subject to Executive Order 12372, out may include any programs
listed in the most recent Catalog of Federal Domestic Assistance
which may have an effect on the purposes and objectives of the
plan developed under this section.
(c) MEMBERS OF CONFERENCE.—The members of a manage-
ment conference convened under this section shall include, at a
minimum, the Administrator and representatives of—
(1) each State and foreign nation located in whole or in
part in the estuarine zone of the estuary for which the con-
ference is convened;
(2) international, interstate, or regional agencies or enti-
ties having jurisdiction over all or a significant part of the es-
tuary;
(3) each interested Federal agency, as determined appro-
priate by the Administrator;
(4) local governments having jurisdiction over any land or
water within the estuarine zone, as determined appropriate by
the Administrator; and
(5) affected industries, public and private educational insti-
tutions, and the general public, as determined appropriate by
the Administrator.
(d) UTILIZATION OF EXISTING DATA.—In developing a conserva-
tion and management plan under this section, the management
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171
FEDERAL WATER POLLUTION CONTROL ACT
See. 320
conference shall survey and utilize existing reports, data, and stud-
ies relating to the estuary that have been developed by or made
available to Federal, interstate, State, and local agencies.
(e) PERIOD OF CONFERENCE.—A management conference con-
vened under this section shall be convened for a period not to ex-
ceed 6 years. Such conference may be extended by the Adminis-
trator, and if terminated after the initial period, may be recon-
vened by the Administrator at any time thereafter, as may be nec-
essary to meet the requirements of this section.
(f) APPROVAL AND IMPLEMENTATION OF PLANS.—
(1) APPROVAL.—Not later than 120 days after the comple-
tion of a conservation and management plan and after provid-
ing for public review and comment, the Administrator shall ap-
prove such plan if the plan meets the requirements of this sec-
tion and the affected Governor or Governors concur.
(2) IMPLEMENTATION.—Upon approval of a conservation
and management plan under this section, such plan shall be
implemented. Funds authorized to be appropriated under titles
II and VI and section 319 of this Act may be used in accord-
ance with the applicable requirements of this Act to assist
States with the implementation of such plan.
(g) GRANTS.—
(1) RECIPIENTS.—The Administrator is authorized to make
grants to State, interstate, and regional water pollution control
agencies and entities, State coastal zone management agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals.
(2) PURPOSES.—Grants under this subsection shall be
made to pay for assisting research, surveys, studies, and mod-
eling and other technical work necessary for the development
of a conservation and management plan under this section.
(3) FEDERAL SHARE.—The amount of grants to any person
(including a State, interstate, or regional agency or entity)
under this subsection for a fiscal year shall not exceed 75 per-
cent of the costs of such research, survey, studies, and work
and shall be made on condition that the non-Federal share of
such costs are provided from non-Federal sources.
(h) GRANT REPORTING.—Any person (including a State, inter-
state, or regional agency or entity) that receives a grant under sub-
section (g) shall report to the Administrator not later than 18
months after receipt of such grants and biennially there after on
the progress being made under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator not to exceed $12,000,000
per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
1991 for—
(1) expenses related to the administration of management
conferences under this section, not to exceed 10 percent of the
amount appropriated under this subsection;
(2) making grants under subsection (g); and
(3) monitoring the implementation of a conservation and
management plan by the management conference or by the Ad-
ministrator, in any case in which the conference has been ter-
minated.
Sec. 320
FEDERAL WATER POLLUTION CONTROL ACT
172
The Administrator shall provide up to $5,000,000 per fiscal year of
the sums authorized to be appropriated under this subsection to
the Administrator of the National Oceanic and Atmospheric Ad-
ministration to carry out subsection (j).
(j) RESEARCH.—
(1) PROGRAMS.—In order to determine the need to convene
a management conference under this section or at the request
of such a management conference, the Administrator shall co-
ordinate and implement, through the National Marine Pollu-
tion Program Office and the National Marine Fisheries Service
of the National Oceanic and Atmospheric Administration, as
appropriate, for one or more estuarine zones—
(A) a long-term program of trend assessment monitor-
ing measuring variations in pollutant concentrations, ma-
rine ecology, and other physical or biological environ-
mental paramenters which may affect estuarine zones, to
provide the Administrator the capacity to determine the
potential and actual effects of alternative management
strategies and measures;
(B) a program of ecosystem assessment assisting in
the development of (i) baseline studies which determine
the state of estuarine zones and the effects of natural and
anthropogenic changes, and (ii) predictive models capable
of translating information on specific discharges or general
pollutant loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling program
for the continuous monitoring of nutrients, chlorine, acid
precipitation dissolved oxygen, and potentially toxic pollut-
ants (including organic chemicals and metals) in estuarine
zones, after consultation with interested State, local, inter-
state, or international agencies and review and analysis of
all environmental sampling data presently collected from
estuarine zones; and
(D) a program of research to identify the movements
of nutrients, sediments and pollutants through estuarine
zones and the impact of nutrients, sediments, and pollut-
ants on water quality, the ecosystem, and designated or
potential uses of the estuarine zones.
(2) REPORTS.—The Administrator, in cooperation with the
Administrator of the National Oceanic and Atmospheric Ad-
ministration, shall submit to the Congress no less often than
biennially a comprehensive report on the activities authorized
under this subsection including—
(A) a listing of priority monitoring and research needs;
(B) an assessment of the state and health of the Na-
tion's estuarine zones, to the extent evaluated under this
subsection;
(C) a discussion of pollution problems and trends in
pollutant concentrations with a direct or indirect effect on
water quality, the ecosystem, and designated or potential
uses of each estuarine zone, to the extent evaluated under
this subsection; and
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173
FEDERAL WA1ER POLLUTION CONTROL ACT
Sec. 401
SBC. 401
FEDERAL WATER POLLUTION CONTROL ACT
174
(D) an evaluation of pollution abatement activities and
management measures so far implemented to determine
the degree of improvement toward the objectives expressed
in subsection (bX4) of this section.
(k) DEFINITIONS.—For purposes of this section, the terms "estu-
ary" and "estuarine cone" nave the meanings such terms have in
section 104(nX4) of this Act. except that the term "estuarine zone"
shall also include associated aquatic ecosystems and those portions
of tributaries draining into the estuary up to the historic height of
migration of anadromous fish or the historic head of tidal influence,
whichever is higher.
(33 U.S.C. 1330)
TITLE IV—PERMITS AND LICENSES
CERTIFICATION
SEC. 401. (aXD Any applicant for a Federal license or permit
to conduct any activity including, but not limited to, the construc-
tion or operation of facilities, which may result in any discharge
into the navigable waters, shall provide the licensing or permitting
agency a certification from the State in which the discharge origi-
nates or will originate, or, if appropriate, from the interstate water
pollution control agency having jurisdiction over the navigable wa-
ters at the point where the discharge originates or will originate,
that any such discharge will comply with the applicable provisions
of sections 301, 302, 303, 306, and 307 of this Act. In the case of
any such activity for which there is not an applicable effluent limi-
tation or other limitation under sections 301(b) and 302, and there
is not an applicable standard under sections 306 and 307, the State
shall so certify, except that any such certification shall not be
deemed to satisfy section 611(c) of this Act. Such State or inter-
state agency shall establish procedures for public notice in the case
of all applications for certification by it and, to the extent it deems
appropriate, procedures for public hearings in connection with spe-
cific applications. In any case where a State or interstate agency
has no authority to give such a certification, such certification shall
be from the Administrator. If the State, interstate agency, or Ad-
ministrator, as the case may be, fails or refuses to act on a request
for certification, within a reasonable period of time (which shall not
exceed one year) after receipt of such request, the certification re-
quirements of this subsection shall be waived with respect to such
Federal application. No license or permit shall be granted until the
certification required by this section has been obtained or has been
waived as provided in the preceding sentence. No license or permit
shall be granted if certification has been denied by the State, inter-
state agency, or the Administrator, as the case may be.
(2) Upon receipt of such application and certification the licens-
ing or permitting agency shall immediately notify the Adminis-
trator of such application and certification. Whenever such a dis-
charge may affect, as determined by the Administrator, the quality
of the waters of any other State, the Administrator within thirty
days of the date of notice of application for such Federal license or
permit shall so notify such other State, the licensing or permitting
agency, and the applicant If, within sixty days after receipt of such
notification, such other State determines that such discharge will
affect the quality of its waters so as to violate any water Quality
requirement in such State, and within such sixty-day period noti-
fies the Administrator and the licensing or permitting agency in
writing of its objection to the issuance of such license or permit and
requests a public hearing on such objection, the licensing or permit-
ting agency shall hold such a hearing. The Administrator shall at
such hearing submit his evaluation and recommendations with re-
spect to any such objection to the licensing or permitting agency.
Such agency, based upon the recommendations of such State, the
Administrator, and upon any additional evidence, if any, presented
to the agency at the hearing, shall condition such license or permit
in such manner as may be necessary to insure compliance with ap-
plicable water quality requirements. If the imposition of conditions
cannot insure such compliance such agency shall not issue such li-
cense or permit.
(3) The certification obtained pursuant to paragraph (1) of this
subsection with respect to the construction of any facility shall ful-
fill the requirements of this subsection with respect to certification
in connection with any other Federal license or permit required for
the operation of such facility unless, after notice to the certifying
State, agency, or Administrator, as the case may be, which shall be
given by the Federal agency to whom application is made for such
operating license or permit, the State, or if appropriate, the inter-
state agency or the Administrator, notifies such, agency within sixty
days alter receipt of such notice that there is no longer reasonable
assurance that there will be compliance with the applicable provi-
sions of sections 301, 302, 303, 306, and 307 of this Act because of
changes since the construction license or permit certification was
issued in (A) the construction or operation of the facility, (B) the
characteristics of the waters into which such discharge is made, (C)
the water quality criteria applicable to such waters or (D) applica-
ble effluent limitations or other requirements. This paragraph shall
be inapplicable in any case where the applicant for such operating
license or permit has failed to provide the certifying State, or, if ap-
propriate, the interstate agency or the Administrator, with notice
of any proposed changes in the construction or operation of the fa-
cility with respect to which a construction license or permit has
been granted, which changes may result in violation of section 301,
302, 303, 306, or 307 of this Act.
(4) Prior to the initial operation of any federally licensed or
permitted facility or activity which may result in any discharge
into the navigable waters and with respect to which a certification
has been obtained pursuant to paragraph (1) of this subsection,
which facility or activity is not subject to a Federal operating li-
cense or permit, the licensee or permittee shall provide an oppor-
tunity for such certifying State, or, if appropriate, the interstate
agency or the Administrator to review the manner in which the fa-
cility or activity shall be operated or conducted for the purposes of
assuring that applicable effluent limitations or other limitations or
other applicable water quality requirements will not be violated.
Upon notification by the certifying State, or if appropriate, the
interstate agency or the Administrator that the operation of any
such federally licensed or permitted facility or activity will violate
-------
munna cearaoi QCT
applicable effluent Mmitfflftiofflis or other Mmitstiioinis or other water
quality requirement® such Federal agency may, aflter public hear-
ing, suspend such license OF permit. If such license oir permit is
suspended, it shall! remain suspended until notification is received
from the ©2rfeBfymg State, agency,, or Administrator, sis the case
may be, that fcher® is peasoiasW® asEwamce that such facility or ac-
tivity mil snot violate tin© mpplkalblte pwwisioiBS of section 301, 302,
303, SOS, OP SOT of tMe Act.
(5) Amy Federal Meene® or permit with respect to which a cer-
tification has tesim obtained trader paragraph (1) of this subsection
may be suspended or revoked by tine federal agency issuing such
license or permit upon tine entering of a judgment under this Act
that such fsdity or activity has been operated in violation of the
applicable provisions of esction 301, 302, 303, 306, or 307 of this
(6) Except with rsspsct to a permit issued trader section 4102
of this Act, in ®ny casts whams actual construction of a facility has
bsen lawfully commenced prior to April 3, 18)70, mo certification
shall b® required Handler tStio subEscfeso>ini for a license or permit is-
sued after April 3, B.970, to operate such facility, except that any
such licens® or permit isouod without certification shall terminate
April 3, 1973, unless prior to such termination date the p®m>a hav-
ing such license or permit submits to the Federal agency which is-
sued such license or permit © certification and otherwise meets the
(b) Nothing jm tMs EKKefesoia shall be construed to limit the au-
thority of any department or agency pursuant to any other provi-
sion of law to require compliance with any applicable water quality
requirements. The Administrator shall, upon the request of any
Federal! depsurteaeait or fflgimcy, or State or interstate ageimcy, or ap-
plicant, provide, for the purpose of this section, any relevant infor-
mation on applicable eMuent limitations, or other limitations,
standards, ragualafeioins, or mpiinsments, or water (juaiity criteria,
and shall, when requested by any such department or agency or
State or interstate agency, or applicant, comment on any methods
to comply with such Mmitations, standards, regulations, require-
ments, or eriteria.
(c) In order to implement the provisions of this section, the
Secretary of the Amy, acting throught the Chief of Engineers, is
authorized, if he dooms jfe to bs in the public interest, to permit the
use of spoil disposdl araas under MB jurisdiction by Federal li-
censes or permittees, arad to make an appropriate charge for such
use. Moneys received (from @udhi licensees or permittees shall bs de-
i in eim® Treasury as mneewaneous receipts.
IB) Any certification provided under this section shall set forth
any effluent limitations and other limitations, and monitoring re-
*^hnnh.«hm Atm *Af«v«^u*tjv*ri* *nt r^ntt IV^vt jm n^mtft n rjj«Ti AlW 4h A rfnmvtn tfvt nkfAl ndbrfK nh A iY**T& m m*jff\M jALTOA U Utt
cen&e or permit will comply with any applicable effluent limitations
and other Imitations, urndw @sction 301 or 302 of this Act, stand-
ard of perfonmamciB -under esctfein! SOS of this Acts .or prohibition, ef-
stondsupdl, or pr®tr®atm®init stanidardl under section 307 of this
forth in such certililcation, and shall become a condition on any
Federal license or permit subject to the provisions of this section.
(33 U.S.C. 1341)
NATIONAL POLLUTANT DDSCHARGE ELIMINATION SYSTEM
402. (aXD Except as provided in sections 318 and 404 of
this Act, the Administrator may, aflter opportunity for public hear-
ing, issue a permit for the discharge of any pollutant, or combina-
tion of pollutants, notwithstanding section 301(a), upon condition
that such discharge will meet either (A) all applicable requirements
under sections 301, 302, 306, 307, 308, and 403 of this Act, or (3)
prior to the taking of necessary implementing actions relating to all
such requirements, such conditions as the Administrator deter-
mines are necessary to carry out the provisions of this Act.
(2) The Administrator shall prescribe conditions for such per-
mits to assure compliance with the requirements of paragraph (1)
of this subsection, including conditions on data and information col-
lection, reporting, and such other requirements as he deems appro-
priate.
(3) The permit program of the Administrator under paragraph
(1) of this subsection, and permits issued thereunder, shall be sub-
ject to the same terms, conditions, and requirements as apply to a
State permit program and permits issued thereunder under sub-
section (b) of this section.
(4) All permits for discharges into the navigable waters issued
pursuant to section 13 of the Act of March 3, 1899, shall be deemed
to be permits issued under this title, and permits issued under this
title shall be deemed to be permits issued under section 13 of the
Act of March 3, 1899, and shall continue in force and effect for
their term unless revoked, modified, or suspended in accordance
with the provisions of this Act.
(5) No permit for a discharge into the navigable waters shall
be issued under section 13 of the Act of March 3, II899, after the
date of enactment of this title. Each application for a permit under
section 13 of the Act of March 3, 11899, pending on the date of en-
actment of this Act shall be deemed to be an application for a per-
mit under this section. The Administrator shall authorize a State,
which he determines has the capability of administering a permit
program which will carry out the objective of this Act, to issue per-
mits for discharges into the navigable waters within the jurisdic-
tion of such State. The Administrator may exercise the authority
granted him by the preceding sentence only during the period
which begins on the date of enactment of this Act and ends either
on the ninetieth day after the date of the first promulgation of
guidelines required by section 304(hM2) of this Act, or the date of
approval by the Administrator of a permit program for such State
under subsection (b) of this section, whichever date first occurs,
and no such authorization to a State shall extend beyond the last
day of such period. Each such permit shall be subject to such condi-
tions as the Administrator determines are necessary to carry out
the provisions of this Act. No such permit shall issue if the Admin-
istrator objects to such issuance.
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17?
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
178
(b) At any time after the promulgation of the guidelines re-
quired by subsection (hX2) of section 304 of this Act, the Governor
of each State desiring to administer its own permit program for
discharges into navigable waters within its jurisdiction may submit
to the Administrator a full and complete discription of the program
it proposes to establish and administer under State law or under
an interstate compact In addition, such State shall submit a state-
ment from the attorney general (or the attorney for those State
water pollution control agencies which have independent legal
counsel), or from the chief legal officer in the case of an interstate
agency, that the laws of such State, or the interstate compact, as
the case may be, provide adequate authority to carry out the de-
scribed program. The Administrator shall approve each such sub-
mitted program unless he determines that adequate authority does
not exist:
(1) To issue permits which—
(A) apply, and insure compliance with, any applicable re-
quirements of sections 301, 302, 306,307, and 403;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but
not limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure
to disclose fully all relevant facts;
(iii) change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge;
(D) control the disposal of pollutants into wells;
(2XA) To issue permits which apply, and insure compliance
with, all applicable requirements of section 308 of this Act, or
(B) To inspect, monitor, enter, and require reports to at least
the same extent as required in section 308 of this Act;
(3) To insure that the public, and any other State the waters
of which may be affected, receive notice of each application for a
permit and to provide an opportunity for public hearing before a
ruling on each such application;
(4) To insure that the Administrator receives notice of each ap-
plication (including a copy thereof) for a permit;
(5) To insure that any State (other than the permitting State),
whose waters may be affected by the issuance of a permit may sub-
mit written recommendations to the permitting State (and the Ad-
ministrator) with respect to any permit application and, if any part
of such written recommendations are not accepted by the permit-
ting State, that the permitting State will notify such affected State
(and the Administrator) in writing of its failure to so accept such
recommendations together with its reasons for so doing:
(6) To insure that no permit will be issued if, in the judgment
of the Secretary of the Army acting through the Chief of Engineers,
after consultation with the Secretary of the department in which
the Coast Guard is operating, anchorage and navigation of any of
the navigable waters would be substantially impaired thereby;
(7) To abate violations of the permit or the permit program, in-
cluding civil and criminal penalties and other ways and means of
enforcement;
(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require the identi-
fication in terms of character and volume of pollutants of any sig-
nificant source introducing pollutants subject to pretreatment
standards under section 307(b) of this Act into such works and a
program to assure compliance with such pretreatment standards by
each such source, in addition to adequate notice to the permitting
agency of (A) new introductions into such works of pollutants from
any source which would be a new source as defined in section 306
if such source were discharging pollutants, (B) new introductions of
pollutants into such works from a source which would be subject
to section 301 if it were discharging such pollutants, or (C) a sub-
stantial change in volume or character of pollutants being intro-
duced into such works by a source introducing pollutants into such
works at the time of issuance of the permit. Such notice shall in-
clude information on the quality and quantity of effluent to be in-
troduced into such treatment works and any anticipated impact of
such change in the quantity or quality of effluent to be discharged
from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 204(b), 307, and 308.
(cKD Not later than ninety days after the date on which a
State has submitted a program (or revision thereof) pursuant to
subsection (b) of this section, the Administrator shall suspend the
issuance of permits under subsection (a) of this section as to those
discharges subject to such program unless he determines that the
State permit program does not meet the requirements of subsection
(b) of this section or does not conform to the guidelines issued
under section 304(iX2) of this Act. If the Administrator so deter-
mines, he shall notify the State or any revisons or modifications
necessary to conform to such requirements or guidelines.
(2) Any State permit program under this section shall at all
times be in accordance with this section and guidelines promul-
gated pursuant to section 304(hX2) of this Act.
(3) Whenever the Administrator determines after public hear-
ing that a State is not administering a program approved under
this section in accordance with requirements of this section, he
shall so notify the State and, if appropriate corrective action is not
taken within a reasonable time, not to exceed ninety days, the Ad-
ministrator shall withdraw approval of such program. The Admin-
istrator shall not withdraw approval of any such program unless he
shall first have notified the State, and made public, in writing, the
reasons for such withdrawal.
(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND
WITHDRAWALS.—A State may return to the Administrator ad-
ministration, and the Administrator may withdraw under
paragraph (3) of this subsection approval, of—
(A) a State partial permit program approved under
subsection (n)(3) only if the entire permit program being
administered by the State department or agency at the
time is returned or withdrawn; and
(B) a State partial permit program approved under
subsection (nX4) only if an entire phased component of the
-------
. ram CHMEB mmm mmmi net
See. 402
each
to the
such
feme j@ pstaimed OP mfchdrawia.
Each State shall transmit to the Administrator a copy of
application received by such State and provide notice
iaiistrator of every action related to the consideration of
rmit application, including each {permit proposed to be is-
(2) No permit shall issue (A) if (A® Administrator within ninety
days of the date of Ms notaHkaftsoia raider subsection (bX5) of this
section objects ins wrMaig to fth® teuance of such permit, or (B) if
the Administrator within ninety days of the date of transmittal of
the proposed permit by the State objects in writing to the issuance
of such permit as being outside the guidelines and requirements of
this Act. Whenever the Admimsfcrffltor objects to the issuance of a
permit under this paragraph such written objection shall contain a
statement of the reasons (or such objection and the effluent limita-
tioiraa and conditions which ouch permit would include if it were is-
nn.ti .«..._ **
in, waive
of this para-
(2) of this sub-
(3) The Administrator
i(2)ofthas
(4) In any case where.
0Ih®E be held! by the Administirator on such objec-
tion. If &he_ State dees mot sngsuilbmife sracSn permit revised to meet
such objection within 30 dayo after completion of the hearing, or,
if no hearimg as mj|u®8ted wsthim SO days after the date of such ob-
jection, fefes AdmimotoatoF may JSSBIQ the peirmit puursuiant to sub-
section (a) of this esctaon foo* ouch sowce in &ocondlsnce with the
(e) lira aoDOirdlaacQ with gmdeliimea jpTOmulgfflted pursuant to sub-
section (hH2) of escMom 3M of this Act, the Administrator is au-
thorised^ TOW© th9 rssqmiremeifflts of subsection (d) of tihm section
at the time ho approves a program pursuant to subsection (b) of
this section for any category (iiacliijiding any class, type, or size
within such ©attegory) of point sourceo witWn the State submitting
(f) The Administrator shall promulgate regulations establish-
ing categories of point corarcea which he determines shall not be
subject to the requirements of sialbsectaon (d) of this section in any
State with a program approved pursuant to subsection (b) of this
section. The Administrator may distinguish among classes, types,
and sisss within any category of point sources.
ly permit issued Hinder this section for the discharge of
imito the mivngabS® waters from si vessel or other floating
ited by
shall bs subject to any applicable regulations prom'
the Secretary of the Department in which the Coast Ghaa
atiiffig, establshing speciiilcations for safe transportation, handling,
carnage, storage, an®) stowage of pollutants.
(h) to th® event any condition of a permit for discharges from
a treatment worhs (as deHln®d in section 212 of this Act) which is
mbsectkra (b) of SMs esstnoim or th@ Administrator, where no State
ant to section SOSKa) of this Act that a State with an approved pro-
gram has not commenced appropriate enforcement action with re-
spect to such permit, may proceed in a court of competent jurisdic-
tion to restrict or prohibit the introduction of any pollutant into
such treatment works by a source not utilizing such treatment
works prior to the finding that such condition was violated.
(i) Nothing in this section shall be construed to limit the au-
thority of the Administrator to take action pursuant to section 309.
of this Act. .
(j) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit ap-
plication or permit, or portion thereof, shall further be available on
request for the purpose of reproduction.
(k) Compliance with a permit issued pursuant to this section
shall be deemed compliance, for purposes of sections 309 and 505,
with sections 301, 302, 306, 307, and! 403, encept any standard im-
posed under section 307 for a toaic pollutant injurious to human
health. Until December 31, 1974, in any case where a permit for
discharge has been applied for pursuant to this section, but final
administrative disposition of such application has not been made,
such discharge shall not be a violation of (1) section 301, 306, or
402 of this Act, or (2) section 13 of the Act of March 3, 1899, unless
the Administrator or other plaintiff proves that final administra-
tive disposition of such application has not been made because of
the failure of the applicant to furnish information reasonably re-
quired or requested in order to process the application. For the
180-day period beginning on the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, in the case of
any point source discharging any pollutant or combination of pol-
lutants immediately prior to such date of enactment which source
is not subject to section 13 of the Act of March 3, 1899, the dis-
charge by such source shall not be a violation of this Act if such
a source applies for a permit for discharge pursuant to this section
within such 180-day period.
(1) LIMITATION ON PERMIT REQUIREMENT.—
(1) AGRICULTURAL RETURN FLOWS.—The Administrator
shall not require a permit under this section for discharges
composed entirely of return flows from irrigated agriculture,
nor shall the Administrator directly or indirectly, require any
State to require such a permit.
(2) STORMWATER RUNOFF FROM OIL, CAS, AND MINING OPER-
ATIONS.—-The Administrator shall not require a permit under
this section, nor shall the Administrator directly or indirectly
require any State to require a permit, for discharges of
stormwater runoff from mining operations or oil and gas explo-
ration, production, processing, or treatment operations or
transmission facilities, composed entirely of flows which are
from conveyances or systems of conveyances (including but not
limited to pipes, conduits, ditches, and channels) used for col-
lecting ana conveying precipitation runoff and which are not
contaminated by contact witn, or do not come into contact with,
any overburden, raw material, intermediate products, finished
product, byproduct, or waste products located on the site of
ouch operations.
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181
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
(ni) ADDITIONAL PRETREATMENT OK CONVENTIONAL POLLUT-
ANTS Nor REQUIRED.—To the extent a treatment works (as defined
in section 212 of this Act) which is publicly owned is not meeting
the requirements of a permit issued under this section for such
treatment works as a result of inadequate design or operation of
such treatment works, the Administrator, in issuing a permit
under this section, shall not require pretreatment by a person in-
troducing conventional pollutants identified pursuant to a section
304(aX4) of this Act into such treatment works other than
pretreatment required to assure compliance with pretreatment
standards under subsection (bX8) of this section and section
307(bXD of this Act. Nothing in this subsection shall affect the Ad-
ministrator's authority under sections 307 and 309 of this Act, af-
fect State and local authority under sections 307(bX4) and 610 of
this Act, relieve such treatment works of its obligations to meet re-
quirements established under this Act, or otherwise preclude such
works from pursuing whatever feasible options are available to
meet its responsibility to comply with its permit under this section.
(n) PARTIAL PERMIT PROGRAM.—
(1) STATE SUBMISSION.—The Governor of a State may sub-
mit under subsection (b) of this section a permit program for
a portion of the discharges into the navigable waters in such
State.
(2) MINIMUM COVERAGE.—A partial permit program under
this subsection shall cover, at a minimum, administration of a
major category of the discharges into the navigable waters of
the State or a major component of the permit program required
by subsection (b).
(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve a partial permit pro-
gram covering administration of a major category of discharges
under this subsection if—
(A) such program represents a complete permit pro-
gram and covers all of the discharges under the jurisdic-
tion of a department or agency of the State; and
(B) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b).
(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve under this subsection
a partial and phased permit program covering administration
of a major component (including discharge categories) of a
State permit program required by subsection (b) if—
(A) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b): and
(B) the State submits, and the Administrator ap-
proves, a plan for the State to assume administration by
phases of the remainder of the State program required by
subsection (b) by a specified date not more than 6 years
after submission of the partial program under this sub-
section and agrees to make all reasonable efforts to as-
sume such administration by such date.
(o) ANTI-BACKSLIDING.—
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
182
(1) GENERAL PROHIBITION.—In the case of effluent limita-
tions established on the basis of subsection (aXIXB) of this sec-
tion, a permit may not be renewed, reissued, or modified on
the basis of effluent guidelines promulgated under section
304(b) subsequent to the original issuance of such permit, to
contain effluent limitations which are less stringent than the
comparable effluent limitations in the previous permit. In the
case of effluent limitations established on the basis of section
301(bXD(C) or section 303(d) or (e), a permit may not be re-
newed, reissued, or modified to contain effluent limitations
which are less stringent than the comparable effluent limita-
tions in the previous permit except in compliance with section
303(d)(4).
(2) EXCEPTIONS.—A permit with respect to which para-
graph (1) applies may be renewed, reissued, or modified to con-
tain a less stringent effluent limitation applicable to a pollut-
ant if—
(A) material and substantial alterations or additions to
the permitted facility occurred after permit issuance which
justify the application of a less stringent effluent limita-
tion;
(BX>) information is available which was not available
at the time of permit issuance (other than revised regula-
tions, guidance, or test methods) and which would nave
justified the application of a less stringent effluent limita-
tion at the time of permit issuance; or
(ii) the Administrator determines that technical mis-
takes or mistaken interpretations of law were made in is-
suing the permit under subsection (aXIXB);
(C) a less stringent effluent limitation is necessary be-
cause of events over which the permittee has no control
and for which there is no reasonably available remedy;
(D) the permittee has received a permit modification
under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n),
or 316(a): or
(E) the permittee has installed the treatment facilities
required to meet the effluent limitations in the previous
permit and has properly operated and maintained the fa-
cilities but has nevertheless been unable to achieve the
previous effluent limitations, in which case the limitations
in the reviewed, reissued, or modified permit may reflect
the level of pollutant control actually achieved (but shall
not be less stringent than required by effluent guidelines
in effect at the time of permit renewal, reissuance, or
modification).
Subparagraph (B) shall not apply to any revised waste load al-
locations or any alternative grounds for translating water qual-
ity standards into effluent limitations, except where the cumu-
lative effect of such revised allocations results in a decrease in
the amount of pollutants discharged into the concerned waters,
and such revised allocations are not the result of a discharger
eliminating or substantially reducing its discharge of pollut-
ants due to complying with the requirements of this Act or for
reasons otherwise unrelated to water quality.
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183
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 402
Sec. 402
FEDERAL WATER POLLUTION CONTROL ACT
184
(3) LIMITATIONS.—In no event may a permit with respect
to which paragraph (1) applies be renewed, reissued, or modi-
fied to contain an effluent limitation which is less stringent
than required by effluent guidelines in effect at the time the
permit is renewed, reissued, or modified. In no event may such
a permit to discharge into waters be renewed, reissued, or
modified to contain a leas stringent effluent limitation if the
implementation of such limitation would result in a violation
of a water quality standard under section 303 applicable to
such waters.
(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.—
(1) GENERAL RULE.—Prior to October 1, 1994, the Adminis-
trator or the State (in the case of a permit program approved
under section 402 of this Act) shall not require a permit under
this section for discharges composed entirely of stormwater.
(2) EXCEPTIONS.—Paragraph (1) shall not apply with re-
spect to the following stormwater discharges:
(A) A discharge with respect to which a permit has
been issued under this section before the date of the enact-
ment of this subsection.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm
sewer system serving a population of 250,000 or more.
(D) A discharge from a municipal separate storm
sewer system serving a population of 100,000 or more but
less than 250,000.
(E) A discharge for which the Administrator or the
State, as the case may be, determines that the stormwater
discharge contributes to a violation of a water quality
standard or is a significant contributor of pollutants to wa-
ters of the United States.
(3) PERMIT REQUIREMENTS.—
(A) INDUSTRIAL DISCHARGES.—Permits for discharges
associated with industrial activity shall meet all applicable
provisions of this section and section 301.
(B) MUNICIPAL DISCHARGE.—Permits for discharges
from municipal storm sewers—
(i) may be issued on a system- or jurisdiction-wide
basis;
(ii) shall include a requirement to effectively pro-
hibit non-stormwater discharges into the storm sew-
ers; and
(iii) shall require controls to reduce the discharge
of pollutants to the maximum extent practicable, in-
cluding management practices, control techniques and
system, design and engineering methods, and such
other provisions as the Administrator or the State de-
termines appropriate for the control of such pollutants.
(4) PERMIT APPLICATION REQUIREMENTS.—
(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—
Not later than 2 years after the date of the enactment of
this subsection, the Administrator shall establish regula-
tions Betting forth the permit application requirements for
stormwater discharge* described in paragraphs (2KB) andg
(2XC). Applications for permits for such discharges shall be
filed no later than 3 years after such date of enactment.
Not later than 4 year after such date of enactment the Ad-
ministrator or the State, as the case may be, shall issue
or deny each such permit. Any such permit shall provide
for compliance as expeditiously as practicable, but in no
event later than 3 years after the date of issuance of such
permit.
(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4
years after the date of the enactment of this subsection,
the Administrator shall establish regulations setting forth
the permit application requirements for stormwater dis-
charges described in paragraph (2KD). Applications for
permits for such discharges shall be filed no later than 5
years after such date of enactment. Not later than 6 years
after such date of enactment, the Administrator or the
State, as the case may be, shall issue or deny each such
permit. Any such permit shall provide for compliance as
expeditiously as practicable, but in no event later than 3
years after the date of issuance of such permit.
(5) STUDIES.—The Administrator, in consultation with the
States, shall conduct a study for the purposes of—
(A) identifying those stormwater discharges or classes
of stormwater discharges for which permits are not re-
quired pursuant to paragraphs (1) and (2) of this sub-
section;
(B) determining, to the maximum extent practicable,
the nature and extent of pollutants in such discharges; and
(C) establishing procedures and methods to control
stormwater discharges to the extent necessary to mitigate
impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit
to Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results
of the study described in subparagraph (C).
(6) REGULATIONS.—Not later than October 1, 1993, the Ad-
ministrator, in consultation with State and local officials, shall
issue regulations (based on the results of the studies conducted
under paragraph (5)) which designate stormwater discharges,
other than those discharges described in paragraph (2), to be
regulated to protect water quality and shall establish a com-
prehensive program to regulate such designated sources. The
program shall, at a minimum, (A) establish priorities, (B) es-
tablish requirements for State stormwater management pro-
grams, and (C) establish expeditious deadlines. The program
may include performance standards, guidelines, guidance, and
management practices and treatment requirements, as appro-
priate.
(33 U.S.C. 1342) -
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185
FEDERAL WATER POLLUTION CONTROL ACT
SBC. 404
OCEAN DISCHARGE CRITERIA
SEC. 403. (a) No permit under section 402 of this Act for a dis-
charge into the territorial sea, the waters of the contiguous zone,
or the oceans shall be issued, after promulgation of guidelines es-
tablished under subsection (c) of this section, except in compliance
with such guidelines. Prior to the promulgation of such guidelines,
a permit may be issued under such section 402 if the Administrator
determines it to be in the public interest.
(b) The requirements of subsection (d) of section 402 of this Act
may not be waived in the case of permits for discharges into the
territorial sea.
(cXD The Administrator shall, within one hundred and eighty
days after enactment of this Act (and from time to time thereafter),
promulgate guidelines for determining the degradation of the wa-
ters of the territorial seas, the contiguous zone, and the oceans,
which shall include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life in-
cluding the transfer, concentration, and dispersal of pollutants
or their byproducts through biological, physical, and chemical
processes; changes in marine ecosystem diversity, productivity,
and stability; and species and community population changes;
(C) the effect of disposal, of pollutants on esthetic, recre-
ation, and economic values;
(D) the persistence and permanence of the effects of dis-
posal of pollutants;
(E) the effect of the disposal at varying rates, of particular
volumes and concentrations of pollutants:
(F) other possible locations and methods of disposal or re-
cycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as min-
eral exploitation and scientific study.
(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit shall
be issued under section 402 of this Act
(33 VS.C. 1343)
PERMITS FOR DREDGED OR FILL MATERIAL
SEC. 404. (a) The Secretary may issue permits, after notice and
opportunity for public hearings for the discharge of dredged or fill
material into the navigable waters at specified; disposal sites. Not
later than the fifteenth day after the date an applicant submits all
the information required to complete an application for a permit
under this subsection, the Secretary shall publish the notice re-
quired by this subsection.
(b) Subject to subsection (c) of this section, each such disposal
site shall be specified for each such permit by the Secretary (1)
through the application of guidelines developed by the Adminis-
trator, in conjunction with the Secretary which guidelines shall be
baaed upon criteria comparable to the criteria applicable to the ter-
Sec. 404
FEDERAL WATER POLLUTION CONTROL ACT
186
ritorial seas, the contiguous zone, and the ocean under section
403(c), and (2) in any case where such guidelines under clause (1)
alone would prohibit the specification of a site, through the applica-
tion additionally of the economic impact of the site on navigation
and anchorage.
(c) The Administrator is authorized to prohibit the specification
(including the withdrawal of specification) of any defined area as
a disposal site, and he is authorized to deny or restrict the use of
any defined area for specification (including the withdrawal of spec-
ification) as a disposal site, whenever he determines, after notice
and opportunity for public hearings, that the discharge of such ma-
terials into such area will have an unacceptable adverse effect on
municipal water supplies, shellfish beds and fishery areas (includ-
ing spawning and breeding areas), wildlife, or recreational areas.
Before making such determination, the Administrator shall consult
with the Secretary. The Administrator shall set forth in writing
and make public his findings and his reasons for making any deter-
mination under this subsection.
(d) The term "Secretary" as used in this section means the Sec-
retary of the Army, acting through the Chief of Engineers.
(eXD In carrying out his functions relating to the discharge of
dredged or fill material under this section, the Secretary may, after
notice and opportunity for public hearing, issue general permits on
a State, regional, or nationwide basis for any category of activities
involving discharges of dredged or fill material if the Secretary de-
termines that the activities in such category are similar in nature,
will cause only minimal adverse environmental effects when per-
formed separately, and will have only minimal cumulative adverse
effect on the environment. Any general permit issued under this
subsection shall (A) be based on the guidelines described in sub-
section (bXD of this section, and (B) set forth the requirements and
standards which shall apply to any activity authorized by such gen-
eral permit.
(2) No general permit issued under this subsection shall be for
a period of more than five years after the date of its issuance and
such general permit may be revoked or modified by the Secretary
if, after opportunity for public hearing, the Secretary determines
that the activities authorized by such general permit have an ad-
verse impact on the environment or such activities are more appro-
priately authorized by individual permits.
(0(1) Except as provided in paragraph (2) of this subsection,
the discharge of dredge or fill material—
(A) from normal farming, silviculture, and ranching activi-
ties such as plowing, seeding, cultivating, minor drainage, har-
vesting for the production of food, fiber, and forest products, or
upland soil and water conservation practices;
(B) for the purpose of maintenance, including emergency
reconstruction of recently damaged parts, of currently service-
able structures such as dikes, dams, levees, groins, riprap,
breakwaters, causeways, and bridge abutments or approaches,
and transportation structures;
(C) for the purpose of construction or maintenance of farm
or stock ponds or irrigation ditches, or the maintenance of
drainage ditches;
-------
(D) four th© purpose of eoma&mcMoia of temporary sedi-
mentation basins on a constractiom site which does not include
(E) for tlh® purpose of construction or maintenance of farm
roads or (Forest roads, or temporary roads for moving mining
equipment, where Quads roads are constructed and maintained,
in accordaffiee with best management practices, to assure that
(flow and drralation patterns and chemical and biological char-
acteristics of the navigable waters are not impaired, that the
reach of the mavigable waters is not reduced, and that any ad-
verse effect on the aquatic environment will be otherwise mini-
- sd;
(F) rasultimg (from any activity with respect to which a
am approved program under section 208(bX4) which
rapmramemfcs of subpasragraphs (B) and (G) of such
is mot prohibited by OF otheraiies subject to regulation trader this
section or section 80H(m) or 402 of SMs Act (except for effluent
standards or prohJWtaomis umdsr GSEftsom 307).
(2) Amy dBecIh
-------
189
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 404
(2) If, with respect to a State program submitted under sub-
section (gXD of this section, the Administrator determines that
such State—
(A) has the authority set forth in paragraph (1) of this sub-
section, the Administrator shall approve the program and so
notify (i) such State, and (ii) the Secretary, who upon subse-
quent notification from such State that it is administering such
program, shall suspend the issuance of permits under sub-
section (a) and (e) of this section for activities with respect to
which a permit may be issued pursuant to such State program;
or
(B) does not have the authority set forth in paragraph (1)
of this subsection, the Administrator shall so notify such State,
which notification shall also describe the revisions or modifica-
tions necessary so that such State may resubmit such program
for a determination by the Administrator under this sub-
section.
(3) If the Administrator fails to make a determination with re-
spect to any program submitted by a State under subsection (gXD
of this section within one-hundred-twenty days after the date of the
receipt of such program, such program shall be deemed approved
pursuant to paragraph (2KA) of this subsection and the Adminis-
trator shall so notify such State and the Secretary who, upon sub-
sequent notification from such State that it is administering such
program, shall suspend the issuance of permits under subsection
(a) and (e) of this section for activities with respect to which a per-
mit may be issued by such State.
(4) After the Secretary receives notification from the Adminis-
trator under paragraph (2) or (3) of this subsection that a State
permit program has been approved, the Secretary shall transfer
any applications for permits pending before the Secretary for activi-
ties with respect to which a permit may be issued pursuant to such
State program to such State for appropriate action.
(5) Upon notification from a State with a permit program ap-
proved under this subsection that such State intends to administer
and enforce the terms and conditions of a general permit issed by
the Secretary under subsection (e) of this section with respect to ac-
tivities in such State to which such general permit applies, the Sec-
retary shall suspend the administration and enforcement of such
general permit with respect to such activities.
(i) whenever the Administrator determines after public hear-
ing that a State is not administering a program approved under
section (hX2XA) of this section, in accordance with this section, in-
cluding, but not limited to, the guidelines established under sub-
section (bXl) of this section, the Administrator shall so notify the
State, and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days after the date of the re-
ceipt of such notification, the Administrator shall (1) withdraw ap-
proval of such program until the Administrator determines such
corrective action has been taken, and (2) notify the Secretary that
the Secretary shall resume the program for the issuance of permits
under subsections (a) and (e) of this section for activities with re-
spect to which the State was issuing permits and that such author-
ity of the Secretary shall continue in effect until such time as the
SBC. 4U4 I LWknn*. *..
Administrator makes the determination described in clause (1) of
this subsection and such State again has an approved program.
(j) Each State which is administering a permit program pursu-
ant to this section shall transmit to the Administrator (1) a copy
of each permit application received by such State and provide no-
tice to the Administrator of every action related to the consider-
ation of such permit application, including each permit proposed to
be issued by such State, and (2) a copy of each proposed general
permit which such State intends to issue. Not later than the tenth
day after the date of the receipt of such permit application or such
proposed general permit, the Administrator shall provide copies of
such permit application or such proposed general permit to the Sec-
retary and the Secretary of the Interior, acting through the Direc-
tor of the United States Fish and Wildlife Service. If the Adminis-
trator intends to provide written comments to such State with re-
spect to such permit application or such proposed general permit,
he shall so notify such State not later than the thirtieth day after
the date of the receipt of such application or such proposed general
permit and provide such written comments to such State, after con-
sideration of any comments made in writing with respect to such
application or such proposed general permit by the Secretary and
the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, not later than the nine-
tieth day after the date of such receipt. If such State is so notified
by the Administrator, it shall not issue the proposed permit until
after the receipt of such comments from the Administrator, or after
such ninetieth day, whichever first occurs. Such State shall not
issue such proposed permit after such ninetieth day if it has re-
ceived such written comments in which the Administrator objects
(A) to the issuance of such proposed permit and such proposed per-
mit is one that has been submitted to the Administrator pursuant
to subsection (hXIXE), or (B) to the issuance of such proposed per-
mit as being outside the requirements of this section, including, but
not limited to, the guidelines developed under subsection (bKD of
this section unless it modifies such proposed permit in accordance
with such comments. Whenever the Administrator objects to the is-
suance of a permit under the preceding sentence such written ob-
jection shall contain a statement of the reasons for such objection
and the conditions which such permit would include if it were is-
sued by the Administrator. In any case where the Administrator
objects to the issuance of a permit, on request of the State, a public
hearing shall be held by the Administrator on such objection. If the
State does not reaubmit such permit revised to meet such objection
within 30 days after completion of the hearing or, if no hearing is
requested within 90 days after the date of such objection, the Sec-
retary may issue the permit pursuant to subsection (a) or (e) of this
section, as the case may be, for such source in accordance with the
guidelines and requirements of this Act.
(k) In accordance with guidelines promulgated pursuant to
subsection (iX2) of section 304 of this Act, the Administrator is au-
thorized to waive the requirements of subsection (j) of this section
at the time of the approval of a program pursuant to subsection
(hX2XA) of this section for any category (including any class, type,
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191
FEDERAL WATER POLLUTION CONTROL ACT
See. 404
or size within such category) of discharge within the State submit-
ting such program.
(I) The Administrator shall promulgate regulations establishing
categories of discharges which he determines shall not be subject
to the requirements of subsection (j) of this section in any State
with a program approved pursuant to subsection (hX2XA) of this
section. The Administrator may distinguish among classes, types,
and sizes within any category of discharges.
(m) Not later than the ninetieth day after the date on which
the Secretary notifies the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service that (1)
an application for a permit under subsection (a) of this section has
been received by the Secretary, or (2) the Secretary proposes to
issue a general permit under subsection (e) of this section, the Sec-
retary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall submit any comments with
respect to such application or such proposed general permit in writ-
ing to the Secretary.
(n) Nothing in this section shall be construed to limit the au-
thority of the Administrator to take action pursuant to section 309
of this Act.
(o) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit ap-
plication or portion thereof, shall further be available on request
for the purpose of reproduction.
(p) Compliance with a permit issued pursuant to this section,
including any activity carried out pursuant to a general permit is-
sued under this section, shall be deemed compliance, for purposes
of sections 309 and 605, with sections 301, 307, and 403.
(q) Not later than the one-hundred-eightieth day after the date
of enactment of this subsection, the Secretary snail enter into
agreements with the Administrator, the Secretaries of the Depart-
ments of Agriculture, Commerce, Interior, and Transportation, and
the heads of other appropriate Federal agencies to minimize, to the
maximum extent practicable, duplication, needless paperwork, and
delays in the issuance of permits under this section. Such agree-
ments shall be developed to assure that, to the maximum extent
practicable, a decision with respect to an application for a permit
under subsection (a) of this section will be made not later than the
ninetieth day after the date the notice of such application is pub-
lished under subsection (a) of this section.
(r) The discharge of dredged or fill material as part of the con-
struction of a Federal project specifically authorized by Congress,
whether prior to or on or after the date of enactment of this sub-
section, is not prohibited by or otherwise subject to regulation
under this section, or a State program approved under this section,
or section 301(a) or 402 of the Act (except for effluent standards or
prohibitions under section 307), if information on the effects of such
discharge, including consideration of the guidelines developed
under subsection (bXD of this section, is included in an environ-
mental impact statement for such project pursuant to the National
Environmental Policy Act of 1969 and such environmental impact
statement has been submitted to Congress before the actual dis-
charge of dredged or fill material in connection with the construc-
Sec. 404
FEDERAL WATER POLLUTION CONTROL ACT
192
tion of such project and prior to either authorization of such project
or an appropriation of funds for each construction.
(sXl) Whenever on the basis of any information available to
him the Secretary finds that any person is in violation of any con-
dition or limitation set forth in a permit issued by the Secretary
under this section, the Secretary shall issue an order requiring
such persons to comply with such condition or limitation, or the
Secretary shall bring a civil action in accordance with paragraph
(3) of this subsection.
(2) A copy of any order issued under this subsection shall be
sent immediately by the Secretary to the State in which the viola-
tion occurs and other affected States. Any order issued under this
subsection shall be by personal service and shall state with reason-
able specificity the nature of the violation, specify a time for com-
pliance, not to exceed thirty days, which the Secretary determines
is reasonable, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements.
In any case in which an order under this subsection is issued to
a corporation, a copy of such order shall be served on any appro-
priate corporate officers.
(3) The Secretary is authorized to commence a civil action for
appropriate relief, including a permanent or temporary injunction
for any violation for which he is authorized to issue a compliance
order under paragraph (1) of this subsection. Any action under this
paragraph may be brought in the district court of the United States
for the district in which the defendant is located or resides or is
doing business, and such court shall have jurisdiction to restrain
such violation and to require compliance. Notice of the commence-
ment of such acton * shall be given immediately to the appropriate
State.
(4) Any person who violates any condition or limitation in a
permit issued by the Secretary under this section, and any person
who violates any order issued by the Secretary under paragraph (1)
of this subsection, shall be subject to a civil penalty not to exceed
$25,000 per day for each violation. In determining the amount of
a civil penalty the court shall consider the seriousness of the viola-
tion or violations, the economic benefit (if any) resulting from the
violaltion, any history of such violations, any good-faith efforts to
comply with the applicable requirements, the economic impact of
the penalty on the violator, ana such other matters as justice may
require.
(t) Nothing in the section shall preclude or deny the right of
any State or interstate agency to control the discharge of dredged
or fill material in any portion of the navigable waters within the
jurisdiction of such State, including any activity of any Federal
agency, and each such agency shall comply with such State or
interstate requirements both substantive and procedural to control
the discharge of dredged or fill material to the same extent that
any person is subject to such requirements. This section shall not
be construed as affecting or impairing the authority of the Sec-
retary to maintain navigation.
(33 U.S.C. 1344)
'So In law. Probably rimuld be -•cUon*.
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193
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 405
Sec. 405
FEDERAL WATER POU.UTIOH CONTROL ACT
DISPOSAL OF SEWAGE SLUDGE
SEC. 405. (a) Notwithstanding any other provision of this Act
or of any other law, in the case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in sec-
tion 212 of this Act (including the removal of in-place sewage
sludge from one location and its deposit at another location) would
result in any pollutant from such sewage sludge entering the navi-
gable waters, such disposal is prohibited except in accordance with
a permit issued by the Administrator under section 402 of this Act.
(b) The Administrator shall issue regulations governing the is-
suance of permits for the disposal of sewage sludge subject to sub-
section (a) of this section ana section 402 of this Act. Such regula-
tions shall require the application to such disposal of each cri-
terion, factor, procedure, and requirement applicable to a permit is-
sued under section 402 of this title.
(c) Each State desiring to administer its own permit program
for disposal of sewage sludge subject to subsection (a) of this sec-
tion within its jurisdiction may do so in accordance with section
402 of this Act.
(d) REGULATIONS.—
(1) REGULATIONS.—The Administrator, after consultation
with appropriate Federal and State agencies and other inter-
ested persons, shall develop and publish, within one year after
the date of enactment of this subsection and from time to time
thereafter, regulations poroviding guidelines for the disposal of
sludge and the utilization of sludge for various purposes. Such
regulations shall—
(A) identify uses for sludge, including disposal;
(B) specify factors to be taken into account in deter-
mining the measures and practices applicable to each such
use or disposal (including .publication of information on
costs);
(C) identify concentrations of pollutants which inter-
fere with each such use or disposal.
The Administrator is authorized to revise any regulation is-
sued under this subsection.
(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUT-
ANTS.—
(A) ON BASIS OF AVAILABLE INFORMATION.—
(i) PROPOSED REGULATIONS.—Not later than No-
vember 30, 1986, the Administrator shall identify
those toxic pollutants which, on the basis of available
information on their toxicity, persistence, concentra-
tion, mobility, or potential for exposure, may be
present in sewage sludge in concentrations which may
adversely affect public health or the environment, and
propose regulations specifying acceptable management
practices for sewage sludge containing each such toxic
pollutant and establishing numerical limitations for
each such pollutant for each use identified under para-
graph (1XA).
(ii) FINAL REGULATIONS.—Not later than August
31,1987, and after opportunity for public hearing, the
Administrator shall promulgate the regulations re-
quired by subparagraph (AXi).
(B) OTHERS.—
(i) PROPOSED REGULATIONS.—Not later than July
31. 1987, the Administrator shall identify those toxic
pollutants not identified under subparagraph (AXi)
which may be present in sewage sludge in concentra-
tions which may adversely affect public health or the
environment, and propose regulations specifying ac-
ceptable management practices for sewage sludge con-
taining each such toxic pollutant and establishing nu-
merical limitations for each pollutant for each such
use identified under paragraph (IXA).
(ii) FINAL REGULATIONS.—Not later than June 15,
1988, the Administrator shall promulate the regula-
tions required by subparagraph (BXi).
(C) REVIEW.—From time to time, but not less often
than every 2 years, the Administrator shall review the reg-
ulations promulgated under this paragraph for the purpose
of identifying additional toxic pollutants and promulgating
regulations for such pollutants consistent with the require-
ments of this paragraph.
(D) MINIMUM STANDARDS; COMPLIANCE DATE.—The
management practices and numerical criteria established
under subparagraphs (A), (B), and (C) shall be adequate to
protect public nealth and the environment from any rea-
sonably anticipated adverse effects of each pollutant. Such
regulations shall require compliance as expeditiously as
practicable but in no case later than 12 months after their
publication, unless such regulations require the construc-
tion of new pollution control facilities, in which case the
regulations shall require compliance as expeditiously as
practicable but in no case later than two years from the
date of their publication.
(3) ALTERNATIVE STANDARDS.—For purposes of this sub-
section, if, in the judgment of the Administrator, it is not fea-
sible to prescribe or enforce a numerical limitation for a pollut-
ant identified under paragraph (2), the Administrator may in-
stead promulgate a design, equipment, management practice,
or operational standard, or combination thereof, which, in the
Administrator's judgment is adequate to protect public health
and the environment from any reasonably anticipated adverse
effects of such pollutant. In the event the Administrator pro-
mulgates a design or equipment standard under this sub-
section, the Administrator shall include as part of such stand-
ard such requirements as will assure the proper operation and
maintenance of any such element of design or equipment.
(4) CONDITIONS ON PERMITS.—Prior to the promulgation of
the regulations required by paragraph (2), the Administrator
shall impose conditions in permits issued to publicly owned
treatment works under section 402 of this Act or take such
other measures as the Administrator deems appropriate to pro-
tect public health and the environment from any adverse ef-
fects which may occur from toxic pollutants in sewage sludge.
-------
(6) LIMITATION ON ^UMUWU^^U «~.«,.,..,
this sscMoia io Siatoiadedl to wmiv® mor® stringent requirements
established by ftMs Act OF sumy other law.
(®) MANNEES OP SLUDGE DISPOSAL.—The determination of th®
manneF of disposal or uses of sludge is m local detemrasition, except
that it shall fe wurolawW for any psirsm to dispos® of sludge from
a publicly owned treatment works OF ©my other tasatm®nt works
treating domestic sewage for any us® for which regulations have
been established pursuant to subsection (d) of this section, except
in accordance with such regulations.
(f) IMPLEMENTATION OP REGULATIONS.—
(l) THROUGH SECTION oos PERMITS.—Any permit issued
under section 402 of this Act to a publicly owned treatment
works OF any other treatment works treating domestic sewage
shall include requirements for the us® and disposal of sludge
that implement the regulations established pursuant to sub-
section (d) of this section, unless such requirements hav® been
included in a permit issued under th® appropriate provisions
of subtitle C of the SoEd Waste Disposal Act, part C-of th® Safe
Drinking Water Act, th© Marine Protection, Research, and
Sanctuaries Act of 1872, OP th® Clean Air Act, or umder State
" " *1L- fl J_I_J_A^,A«ra rcAffiM, frj,ffi
parang programs siHuproviBui uy UUK> nwwuiwMwoii«..»—.., -
Administrator determines that such programs assure compli-
ance with any applicable requirements of this section. Not
later than December 16, 1936, th® Administrator shall promul-
gate procedures for approval of State programs pursuant to
this paragraph.
(2) THROUGH OTHER PERMITS.—In the case of a treatment
works described in paragraph (1) that is not subject to section
402 of this Act and to which none of th® other above listed per-
mit programs nor approved State permit authority apply, the
A -»—--"*—»— ~»™<,, ;<,„„„,„ m irMOTi™A. to BWCjJ5| tagatmcnt works
AdmniMS&FiawjF may uwsiuws m pwiuuok w «>..»,..„<, „,., ..
solely to impos® requirements for th® MS® and disposal of
sludge that implement th® regulations established pursuant to
subsection (d) of this section. Th® Administrator shall include
in the permit appropriate requirements to assure compliance
with the regulations established pursuant to subsection (d) of
this section. The Administrator shall establish procedures for
(g) STUDIES AND PROJECTS.—
(1) GRANT PROGEAM; HOTORMAiraow OATMBDUMO.—The Ad-
ministrator is authorised to conduct or initiate scientific stud-
and public information and edu-
n n A. -*«—^^^.A^ ^^.a, moiHft mirarfl
beneficial management or use of sewage sludge for such pur-
poses ma aiding the irestoFatioia of abandoimedl mime sites, otmdi-
tiomiMfflg EOT! for purhs ©md insereation ©rea®, agricultural and
^ other beneficial purposes. For th® pur-
-" An • • A _ _ _ A. _ _ _
KOTB®S of earmnsg out this subsection, th® AtomssttraEOF may
make grants to State water pollution control .agenaes other
..._«.«.•_ - «™,™,/RA mmmm.pSffia nmajtnftnnibomfl. orsamsfflaon®, aittfil m-
public or
®s0 ins0onap ,
wsftSa ©th®F Federal departments and
AA ^m]
CiH8S®milltnaiyc uuiuuu unu
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197
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 502
SBC: 502
FEDERAL WATER POLLUTION CONTROL ACT
- 198
(2) The Administrator shall award a certificate or plaque of
suitable design to each industrial organization or political subdivi-
sion which qualifies for such recognition under regulations estab-
lished under this subsection.
(3) The President of the United States, the Governor of the ap-
propriate State, the Speaker of the House of Representatives, and
the President pro tempore of the Senate shall oe notified of the
award by the Administrator and the awarding of such recognition
shall be published in the Federal Register.
(0 Upon the request of a State water pollution control agency,
personnel of the Environmental Protection Agency may be detailed
to such agency for the purpose of carrying out the provisions of this
Act.
(33 U.S.C. 1361)
GENERAL DEFINITIONS
SEC. 602. Except as otherwise specifically provided, when used
in this Act:
(1) The term "State water pollution control agency" means the
State agency designated by the Governor having responsibility for
enforcing State laws relating to the abatement of pollution.
(2) The term "interstate agency" means an agency of two or
more States established by or pursuant to an agreement or com-.
pact approved by the Congress, or any other agency of two or more
States, having substantial powers or duties pertaining to the con-
trol of pollution as determined and approved by the Adminstrator.
(3) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Is-
lands, and the Trust Territory of the Pacific Islands.
(4) The term "municipality" means a city, town, borough, coun-
ty, parish, district, association, or other public body created by or
pursuant to State law and having jurisdiction over disposal of sew-
age, industrial wastes, or other wastes, or an Indian tribe or an au-
thorized Indian tribal organization, or a designated and approved
management agency under section 208 of this Act
(5) The term "person" means an individual, corporation, part-
nership, association, State, municipality, commission, or political
subdivision of a State, or any interstate body.
(6) The term "pollutant means dredged spoil, solid waste, in-
cinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and indus-
trial, municipal, and agricultural waste discharged into water. This
term does not mean (A) "sewage from vessels or a discharge inci-
dental to the normal operation of a vessel of the Armed Forces"
within the meaning of section 312 of this Act; or (B) water, gas, or
other material which is injected into a well to facilitate production.
of oil or gas, or water derived in association with oil or gas produc-
tion and disposed of in a well, if the well used either to facilitate
production or for disposal purpose is approved by authority of the
State in which the well is located, and if such State determines
that such injection or disposal will not result in the degradation of
ground or surface water resources.
(7) The term "navigable waters" means the waters of the Unit-
ed States, including the territorial seas.
(8) The term "territorial seas" means the belt of the seas meas-
ured from the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters, and extending sea-
ward a distance of three miles.
(9) The term "contiguous zone" means the entire zone estab-
lished or to be established by the United States under article 24
of the Convention of the Territorial Sea and the Contiguous Zone.
(10) The term "ocean" means any portion of the high seas be-
yond the contiguous zone.
(11) The term "effluent limitation" means any restriction estab-
lished by a State or the Administrator on quantities, rates, and
concentrations of chemical, physical, biological, and other constitu-
ents which are discharged from point sources into navigable wa-
ters, the waters of the contiguous zone, or the ocean, including
schedules of compliance.
(12) The term "discharge of a pollutant" and the term "dis-
charge of pollutants" each means (A) any addition of any pollutant
to navigable waters from any point source, (B) any addition of any
pollutant to the waters of the contiguous zone or the ocean from
any point source other than a vessel or other floating craft.
(13) The term "toxic pollutant" means those pollutants, or com-
binations of pollutants, including disease-causing agents, which
alter discharge and upon exposure, ingestion, inhalation or assimi-
lation into any organism, either directly from the environment or
indirectly by ingestion through food chains, will, on the basis of in-
formation available to the Administrator, cause death, disease, be-
havioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions in reproduction) or physical
deformations, in such organisms or their offspring.
(14) The term "point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, or vessel or
other floating craft, from which pollutants are or may be dis-
charged. This term does not include agricultural stormwater dis-
charges and return flows from irrigated agriculture.
(15) The term "biological monitoring" shall mean the deter-
mination of the effects on aquatic life, including accumulation of
pollutants in tissue, in receiving waters due to the discharge of pol-
lutants (A) by techniques and procedures, including sampling of or-
ganisms representative of appropriate levels of the food chain ap-
propriate to the volume ana the physical, chemical, and biological
characteristics of the effluent, and (B) at appropriate frequencies
and locations.
(16) The term "discharge" when used without qualification in-
cludes a discharge of a pollutant, and a discharge of pollutants.
(17) The term "schedule of compliance" means a schedule of re-
medial measures including an enforceable sequence of actions or
-------
ram mm mssma mmm, m
(18) Th® teras Industrial
laird
', as
of
,, ... . u,r , the cat-
egory "Division IDs—Eflamufactwurang" and such other classes of sig-
?Jf* _ . . A jk n n ^^ ti . • -i* *«.._ ^^
(19) TI
alteration of ftJae dhiemtail, physical, biological, and radiological
man-made or man-induced
in-
(20) Th©
tious agents;
isolation wastes; infec-
iroducts; pathological wastes;
ling;_ surgical wastes and po-
"s wastes; and such
(SIS U.S.C. I'm,)
HATTSIS FOU.UTTIIOW CONTFHQL ADVUSOEY BOARD
SEC. 503. (©Ml) Thems 80 hereby established in th® Environ-
mental Protsstion Agency a Water Pollution Control Advisory
Board, composed of the Administrator or his designee, who shall be
Chairman, and nine member® appointed by th® President, none of
whom shall be Federal officers or employees. The appointed mem-
bers, having due regard for (the purposes of this Act, shall be se-
lected from among representatives of various State, interstate, and
local governmental agencies, of public or private interests contrib-
uting to, affected by, or concerned with pollution, and of other pub-
lic and private agencies), organisations, or groups demonstrating an
mfisresfe to the Held of pollution prevention amid control, as
~> *- -
(2XA) Eada masmter ©pjjtoimted toy (Sh® IPfessideiat shall hold of-
fice for a term of tehire® yoara, eseopfe mis& (i) tmy memter appointed
to ffll a vacamsy eemfirfing ipiraoir to 41h® esparatsoia of the tenn for
wWch his jpmSessssw was fflropoBnted shall IKS appointed for the re-
mainder of smeh termp amd (is) th® fesraaB of office of the members
first tolkirag offle® adlfeeir Jrara® SO, 1956, shall ®apir® as follows: three
_ A AU_ _ _ _ _J1 /& _ *ni n n A * n * - *> * *P
I of two years
, - - i of appointment, and (Mi)
the terra of any member under th® preceding provisions shall be
extended until ftjhi® dato om wMch his successor's appointment is ef-
fective. HOBS® of tSse members appointed by th® President shall be
eligible for reappomfemenfe within on® year aSter &a ®nd of his pre-
ceding term.
(B) The members of the Board who ar® not officers or employ-
ess of th® United States, while afttessdaing conferences or meetings
of th® Bonard or whM® otherwise serving at the rerauest of th® Ad-
ministratoir,, shall bs entitled to receive compensation at a rate to
ba feed by feSio AstoasaasteatosTj but not exceeding 0100 per diem, in-
cluding temveltSBmo, aiadl- whil® sway from their homes or regular
per diem in Meu of sulbsiBteBOSp as authorized by law (5 U.S.C. 73b-
2) for persons in the Government service employed intermittently.
(b) The Board shall advise, consult with, and make rec-
ommendations to the Administrator on matters of policy relating to
the activities and functions of the Administrator under this Act.
(c) Such clerical and technical assistance as may be necessary
to discharge the duties of the Board shal! b® provided from the per-
sonnel of the Environmental Protection Agency.
(33 U.S.C. U333)
EMSKCSWOT POWEBS
SEC. 504. (a) Notwithstanding any other provision of this Act,
the Administrator upon receipt of evidence that a pollution source
or combination of sources is presenting an imminent and substan-
tial endangerment to the health of persons or to the welfare of per-
sons where such endangerment is to the livelihood of such persons,
such as inability to market shellfish, may bring suit on behalf of
the United States in the appropriate district court to immediately
restrain any person causing OF contributing to the alleged pollution
to stop the discharge of pollutants causing or contributing to such
pollution or to take such other actions as may be necessary.
{Subsection (b) repealed! % §304Ka) of P.L. 86-610, Dec. 11,
1980, 94 Stat. 2809]
(33 U.S.C. 1384)
CHTOEN SUITS
SEC. 505. (a) Except as provided in subsection (b) of this sec-
tion and section 309(gXS), any citizen may commence a civil action
on his own behalf—
(i) against any person (including (5) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitu-
tion) who is alleged to be in violation of (A) an effluent stand-
ard or limitation «mder this Act or (B) an order issued by the
Administrator or a State with respect to such a standard or
limitation, or
(2) against th® Administrator where there is alleged a fail-
ure of the Administrator to perform any act or duty under this
Act which is mot discretionary with the Administrator.
The district courts shall have Jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an effluent standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be, and to apply any appropriate civil penalties under section
30S{d) of this Act
(b) Wo action may be commenced—
(1) under subsection (aMD of this section—
(A) prior to sixty days alfoer the plaintiff has given no-
tice of the alleged violation (i) to the Administrator, (ii) to
the State in' which the alleged violation occurs, amd (iii) to
any alleged violator of the standard, limitation, or order,
or
-------
201
FEDERAL WATER POLLUTION CONTROL ACT
Sec. SOS
See. SOB
FEDERAL WATER POLLUTION CONTROL ACT
202
(B) if the Administrator or State has commenced and
is diligently prosecuting a civil or criminal action in a
court of the United States, or a State to require compliance
with the standard, limitation, or order, but in any such ac-
tion in a court of the United States any citizen may inter-
vene as a matter of right
(2) under subsection (aX2) of this section prior to sixty
days after the plaintiff has given notice of such action to the
Administrator,
except that such action may be brought immediately after such no-
tification in the case of an action under this section respecting a
violation of sections 306 and 307(a) of this Act. Notice under this
subsection shall be given in such manner as the Administrator
shall prescribe by regulation.
(cXD Any action respecting a violation by a discharge source
of an effluent standard or limitation or an order respecting such
standard or limitation may be brought under this section only in
the judicial district in which such source is located.
(2) In such action under this section, the Administrator, if not
a party, may intervene as a matter of right.
(3) PROTECTION OP INTERESTS OF UNITED STATES.—When-
ever any action is brought under this section in a court of the
United States, the plaintiff shall serve a copy of the complaint
on the Attorney General and the Administrator. No consent
judgment shall be entered in an action in which the United
States is not a party prior to 46 days following the receipt of
a copy of the proposed consent judgment by the Attorney Gen-
eral and the Administrator.
(d) The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party, whenever the court determines such
award is appropriate. The court may, if a temporary restraining
order or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal Rules
of Civil Procedure.
(e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or common
law to seek enforcement of any effluent standard or limitation or
to seek any other relief (including relief against the Administrator
or a State agency).
(0 For purposes of this section, the term "effluent standard or
limitation under this Act" means (1) effective July 1, 1973, an un-
lawful act under subsection (a) of section 301 of this Act; (2) an ef-
fluent limitation or other limitation under section 301 or 302 of
this Act; (3) standard or performance under section 306 of this Act;
(4) prohibition, effluent standard or pretreatment standards under
section 307 of this Act; (5) certification under section 401 of this
Act; (6) a permit or condition thereof issued under section 402 of
this Act, which is in effect under this Act (including a requirement
applicable by reason of section 313 of this Act); or (7) a regulation
under section 405(d) of this Act,.1
(g) For the purposes of this section the term "citizen" means
a person or persons having an interest which is or may be ad-
versely affected.
(h) A Governor of a State may commence a civil action under
subsection (a), without regard to the limitations of subsection (b) of
this section, against the Administrator where there is alleged a
failure of the Administrator to enforce an effluent standard or limi-
tation under this Act the violation of which is occurring in another
State and is causing an adverse effect on the public health or wel-
fare in his State, or is causing a violation of any water quality re-
quirement in his State.
(33 U.S.C. 1365)
APPEARANCE
SEC. 506. The Administrator shall request the Attorney Gen-
eral to appear and represent the United States in any civil or
criminal action instituted under this Act to which the Adminis-
trator is a party. Unless the Attorney General notifies the Adminis-
trator within a reasonable time, that he will appear in a civil ac-
tion, attorneys who are officers or employees of the Environmental
Protection Agency shall appear and represent the United States in
such action.
(33 U.S.C. 1366)
EMPLOYEE PROTECTION
SEC. 507. (a) No person shall fire, or in any other way discrimi-
nate against, or cause to be fired or discriminated against, any em-
ployee or any authorized representative or employees by reason of
the fact that such employee or representative has filed, instituted,
or caused to be filed or instituted any proceeding under this Act,
or has testified or is about to testify in any proceeding resulting
from the administration or enforcement of the provisions of this
Act.
(b) Any employee or a representative of employees who believes
that he has been fired or otherwise discriminated against by any
person in violation of subsection (a) of this section may, within thir-
ty days after such alleged violation occurs, apply to the Secretory
of Labor for a review of such firing or alleged discrimination. A
copy of the application shall be sent to such person who shall be
the respondent. Upon receipt of such application, the Secretary of
Labor shall cause such investigation to be made as he deems ap-
propriate. Such investigation shall provide an opportunity for a
public hearing at the request of any party to such review to enable
the parties to present information relating to such alleged viola-
tion. The parties shall be given written notice of the time and place
of the hearing at least five days prior to the hearing. Any such
hearing shall be of record and shall be subject to section 554 of title
5 of the United States Code. Upon receiving the report of such in-
vestigation, the Secretary of Labor shall make findings of fact. If
•So In law. See P.L. 100-t. we. 406UX2), 101 Sul 73.
-------
h® firade ftlhmfc snada vaolfaftaoiis dad oocw, h© shaB issue & decision, in-
committing such violations to take saaA affirmativ® action to abate
the violation as the Seepstssry off Labor deems appropriate, includ-
ing, tat not limited to, the rehiring or reinstatement of the em-
ployee or representative of employees to his former position with
compsimsai&on. If h® dirndls (Shaft mere was no such violation, he shall
issue an order denying the application. Such order issued toy the
Secretary of Labor under this subparagraph shall bs subject to ju-
dicial review in the same manner as orders and decisions of the
Administrator are subject to judicial review under this Act.
(c) Whenever an order is issued under this section to abate
such violation, at (the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the attor-
ney's fees), as determined by the Secretary of Labor, to have been
reasonably incurred by the applicant for, or in connection with, the
institution and prosecution of such proceedings, shall be assessed
against the pcarson committing such violation.
(d) This section shall have no application to may employee who,
acting without direction from his employer (or Mo agent) delib-
erately violates any prohibition of effluent limitation or other limi-
tation issnder esctiosa SOI or 302 off this Act, standards of perform-
ance under section SOS of this Act, effluent standard, prohibition or
pretreatmemfe standard winder section 307 of this Act, or any other
prohibition or limitation established under this Act.
(e) The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
issuance of any effluent limitation or order under this Act, includ-
ing, where appropriate, investigating threatened plant closures or
reductions in employment allegedly resulting from such limitation
or order. Amy employee who is discharged or laid off, threatened
with discharge or fay-oUT, or otherwise discriminated against by any
person bssffluse of the alleged results of any effluent limitation or
order issued under this Act, o_r any representative of such em-
ployee, may request the Administrator to conduct a full investiga-
the matter and, at the request of any party, shall hold public hear-
ings on not leas than fiws days notice, and shall at such hearings
require the parties, including the employer involved, to present in-
formation relating to the mctaal or potential effiFect of such limita-
tion or order on employment and on any alleged discharge, lay-off,
or other discrimination and the detailed reasons or justification
to section 654 of title 6 of the United States Code. Upon receiving
the report of such investigation, the Administrator shall make find-
ings of fact as to the effect of such effluent limitation or order on
employment and on the alleged discharge, lay-off, or discrimination
ana shall make such r®oo>mm®ndations as he deems appropriate.
Such report. Endings, and recommendations shall be available to
the pubic. Nothing in thio subsection shall bs construed to require
or aufchoiris© the Admissasteator to modify or withdraw any effluent
FEDERAL PROCUREMENT
SEC. 508. (a) No Federal agency may enter into any contract
with any person, who has been convicted of any offense under sec-
tion 309(c) of this Act, for the procurement of goods, materials, and
services if such contract is to be performed at any facility at which
the violation which gave rise to such conviction occurred, and if
such facility is owned, leased, or supervised by such person. The
prohibition in the preceding sentence shall continue until the Ad-
ministrator certifies that the condition giving rise to such convic-
tion has been corrected.
(b) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes of
subsection (a) of this section.
(c) In order to implement the purposes and policy of this Act
to protect and enhance the quality of the Nation's water, the Presi-
dent shall, not more than one hundred and eighty days after enact-
ment of this Act, cause to be issued an order (£) requiring each
Federal agency authorized to enter into contracts and each Federal
agency which is empowered to extend Federal assistance by way of
grant, loan, or contract to eHITectUate the purpose and policy of this
Act in such contracting or assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such other provisions, as the
President determines necessary to carry out such requirement.
(d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he deter-
mines such exemption is necessary in the paramount interest of
the United States and he shall notify the Congress of such exemp-
tion.
(e) The President shall annually report to the Congress on
measures taken in compliance with the purpose and intent of this
section, including, but not limited to, the progress and problems as-
sociated with such compliance.
(fXD No certification by a contractor, and no contract clause,
may be required in the case of a contract for the acquisition of com-
mercial items in order to implement a prohibition or requirement
of this section or a prohibition or requirement issued in the imple-
mentation of this section.
(2) In paragraph (1), the term "commercial item" has the
meaning given such term in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
(33 U.S.C. 1368)
ADMINISTRATIVE PIROCEDURE AND JUDICIAL REVIEW
SEC. 509. (aXl) For purposes of obtaining information under
section 305 of this Act, or carrying out section 507(e) of this Act,
the Administrator may issue subpenas for the attendance and testi-
mony of witnesses and the production of relevant papers, books,
and documents, and he may administer oaths. Except for effluent
data, upon a snowing satisfactory to the Administrator that such
papers, books, documents, or information or particular part thereof,
if made public, would divulge trade secrets or secret processes, the
Administrator shall consider such record, report, or infonnnsitpn or
particular portion thereof confidential in accordance with, the pur-
-------
flEDEBQl OTEB MUOIIIQ EIC3IB1L ftCT
gee. §01
poses of section 1905 of title 18 of the United States Code, except
that such paper, book, document, or information may be disclosed
to other officers, employees, or authorized representatives of the
United States concerned! with carrying out this Act, or when rel-
evant in any proceeding trader this Act Witnesses summoned shall
be paid the same fees and mileage that are paid witnesses in the
courts of the United States. In case of contumacy or refusal to obey
a subpena served upon any person under this subsection, the dis-
trict court of the United States for any district in which such per-
son is found or resides or transacts business, upon application by
the United States and after notice to such person, shall have juris-
diction to issue an order requiring such person to appear and give
testimony before the Administrator, to appear and produce papers,
books, and documents before the Administrator, or both, and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
(2) The distract courts of the United States are authorized,
upon application by the Administrator, to issue subpenas for at-
papera, books, and documents, for purposes of obtaining informa-
tion under sections 304 (b) and (c) of this Act. Any papers, books,
documents, or other information or part thereof, obtained by reason
of such a subpena shall be subject to the same requirements as are
provided an paragraph (1) of this subsection.
(bKD Keview of the Administrator's action (A) in promulgating
any standard of performance under section 305, (B) in making any
determination pursuant to section 306(bMlXC), (C) in promulgating
any effluent standard, prohibition, or pretreatment standard under
section 307, (D) in making any determination as to a State permit
program submitted uader section 402(b), (E) in approving or pro-
mulgating any effluent limitation or other limitation under sections
301, 302, 303, or 405{ (F) in issuing or denying any permit under
section 402, and (G) in promulgating any individual control strat-
egy under section 304(1), may be had by any interested person in
the_ Circuit Court of Appeals of the United States for the Federal
judicial district in which such person resides or transacts business
which is directly affected by such action upon application by such
person. Any ouch application shall be made within 120 days from
the date of such determination, approval, promulgation, issuance or
denial, or after such date oinly if ouch application is based solely
on grounds which TOWS after such 120th day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection
shall not fes subject to judicial swiew m any civil or criminal pro-
ceeding for Emdfoii^BBisfflsrofe.
(3) AWARD OF FEES.—IBS any judicial proceeding under this
costs of litigation (including
or substantially prevailing party whenever it determines that
it under subsection (b) of
a determination under this
(c) In any judicial proceeding
this section in which ireviaw is
tor Bseoffjffiffi, if
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reason-
able grounds for the failure to adduce such evidence in the proceed-
ing before the Administrator, the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before the
Administrator, in such manner and upon such terms and condi-
tions as the court may deem proper. The Administrator may modify
his findings as to the facts, or make new findings, by reason of the
additional evidence so taken and he shall file such modified or new
findings, and his recommendation, if any, for the modification or
setting aside of his original determination with the return of such
additional evidence.
(33 U.S.C. 1369)
STATE AUTHORITY
SEC. 510. Except as expressly provided in this Act, nothing in
this Act shall (1) preclude or deny the right of any State or political
subdivision thereof or interstate agency to adopt or enforce (A) any
standard or limitation respecting discharges of pollutants, or (B)
any requirement respecting control or abatement of pollution; ex-
cept that if an effluent limitation, or other limitation, effluent
standard, prohibition, pretreatment standard, or standard of per-
formance is in effect under this Act, such State or political subdivi-
sion or interstate agency may not adopt or enforce any effluent lim-
itation, or other limitation, effluent standard, prohibition,
pretreatment standard, or standard of performance which is less
stringent than the effluent limitation, or other limitation, effluent
standard prohibition, pretreatment standard, or standard of per-
formance under this Act; or (2) be construed as impairing or in any
manner affecting any right or jurisdiction of the States with re-
spect to the waters (including boundary waters) of such States.
(33 U.S.C. J370)
OTHER AFFECTED AUTHORITY
SEC. 511. (a) This Act shall not be construed as (1) limiting the
authority or functions of any officer or agency of the United States
under any other law or regulation not inconsistent with this Act;
(2) affecting or impairing the authority of the Secretary of the
Army (A) to maintain navigation or (B) under the Act of March 3,
1899 (30 Stat. 1112); except that any permit issued under section
404 of this Act shall be conclusive as to the effect on water quality
of any discharge resulting from any activity subject to section 10
of the Act of March 3, 1899, or (3) affecting or impairing the provi-
sions of any treaty of the United States.
(b) Discharges of pollutants into the navigable waters subject
to the Eivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421)
and the Supervisory Harbors, Act of 1888 (25 Stat. 209; 33 U.S.C.
441-451b) shall be regulated pursuant to this Act, and not subject
to such Act of 1910 and (the Act of 1888 except as to effect on mavi-
to fc!h® eourS for leav© to adduce
avuu eiauu Biaavuiwji
(cHD Except for the provision of Federal financial assistance
for the purpose of assisting the construction of publicly owned
treatment works as authorized by section 201 of this Act, and the
-------
OQDEB WULWW BHIBH.
issusiiBcs of si
of smy
Act, mo aetaoira
fit® deemed a
umder secfciion 4102 of this Act for the discharge
si mew soures sis deined in section 306 of this
Administrator taken pursuant to this Act shall
Federsil siction signilfiicantly afflfiecting the quality
vironmsntal Policy Act of 1%9 (83 Stat 852); and
(2) Nothing in fth® National Environmental Policy Act of 18S9
(83 Stat 852) shall be deemed to—
(A) authorize amy Federal agency authorised to license or
permit the conduct of any activity which may result in the dis-
charge of a pollutant into the navigable waters to review any
effluent limitation or other requirement established pursuant
to this Act or the adequacy of any certiication under section
401 of ths Act; or
(B) authorize any stach sigency to impose, sis a condition
precedent to the issuance of any license or permit, any effluent
(d) Noftwidlbstoadiing ftMe Ac4 oir mmy ofchuer provisaoiras of Daw, the
Admimeforsitor (1) shall mot, nsqmre mmy Stote to eomsider im the de-
velopmenift of ftfee rsuraMiag BB order of priorilty of ssiseds for the con-
stractsom of ftmsatmend works (as deEmed in title II of this Act), any
water pollutions const™! agreememit which may have been entered
onto itetereens the United States arad any other nation, and (2) shall
mot comider ©my siaich agriBemeat'nn the approval of any such prior-
U.8.C. 1373)
sis Act, or the application of any
provision of tMs Aet to may PSFSOB or dmamstamss,, is held invalid,
(^application ®f emA provision to other persons op draamstances,
i remainder of thie Aet shalll not bs afcctod '"
SEC. §E3. The Admimstimtor shsffl tek® suach action as may be
on
wages at rates not less than
of work OB& similar construction
by the Seeretry of Labor,
3, 1931, as amended, Iknown
as the Davis-Bacon Act (48 Stat. 1494; 40 U.S.C., ESC. 276® through
shall have, with respect to the
Mmiib®r®d 14 of i960 (15
of Jsme 13, 1934, as amended
PUBLIC WEALTH AGENCY COORDINATION
SEC. 514. The permitting agency under section 402 shall assist
the applicant for a permit minder such section in coordinating the
requirements of this Act with those of the appropriate public health
(33 O.S.C. 1373)
EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY
COMMITTEE
SEC. 515. (aXl) There is established on Effluent Standards and
Water Quality Information Advisory Committee, which shall be
composed of a Chairman and eight members who shall be ap-
pointed by the Administrator within sixty days allter the date of en-
actment of this Act.
(2) All members of the (Committee shall be selected from the
scientific community, qualified by education, training, and experi-
ence to provide assess, and evaluate scientific and technical infor-
mation on effluent standards and limitations.
(3) 'Members of the Committee shall serve for a term of four
years, and may be reappointed.
(bMD No later than one hundred and eighty days prior to the
date on which the Administrator is required to publish any pro-
posed regulations required by section 304(b) of this Act, any pro-
posed standard of performance for new sources required by section
306 of this Act, or any proposed toxic effluent standard required by
section 307 of this Act, he shall transmit to the Committee a notice
of intent to propose such regulations. The Chairman of the Com-
mittee within ten days allter receipt of such notice may publish a
notice of a public hearing by the Committee, to be held within thir-
(2) No later than one hundred and twenty days after receipt
of such notice, the Committee shall transmit to the Administrator
such scientific and technical information as is in its possession, in-
cluding that presented at any public hearing, related to the subject
matter contained in such notice.
(3) Information so transmitted to the Administrator shall con-
stitute a part of the administrative record and comments on any
proposed regulations or standards as information to be considered
witn other comments and information in making any final deter-
(4) In preparing information for transmittal, the Committee
shall avail atself of the technical and scientific services of any Fed-
eral agency, including the United States Geological Survey and any
national environmental laboratories which may be established.
(cKl) The Committee shall appoint and prescribe the duties of
a Secretary, and such legal counsel as it deems necessary. The
Committee shall appoint such other employees as it deems nee-.
essary to exercise and' fulfill its powers and responsibilities. The
compensation of all employees appointed by the Committee shall be
feed! in accordance with chapter 511 and subchapter III of chapter
53 of title V of the United States Code.
(2) Members of the Committee shall be entitled to receivg com-
pensation at a rate to be fixed by the President but nq|Jn excess
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209
FEDERAL WATER POUUTION CONTROL ACT
Sec. 516
Soc. 518
FEDERAL WATER POLLUTION CONTROL ACT
210
of the maximum rate of pay grade for GS-18, as provided in the
General Schedule under section 6332 of title V of the United States
Code.
(d) Five members of the Committee shall constitute a quorum,
and official actions of the Committee shall be taken only on the af-
firmative vote of at least five members. A special panel composed
of one or more members upon order of the Committee shall conduct
any hearing authorized by this section and submit the transcript
of such hearing to the entire Committee for its action thereon.
(e) The Committee is authorized to make such rules as are nec-
essary for the orderly transaction of its business.
(33 U.S.C. 1374)
REPORTS TO CONGRESS
SEC. 516. (a) Within ninety days following the convening of
each session of Congress, the Administrator snail submit to the
Congress a report, in addition to any other report required by this
Act, on measures taken toward implementing the objective of this
Act, including, but not limited to, (1) the progress and problems as-
sociated with developing comprehensive plans under section 102 of
this Act, areawide plans under section 208 of this Act, basin plans
under section 209 of this Act, and plans under section 303(e) of this
Act; (2) a summary of actions taken and results achieved in the
field of water pollution control research, experiments, studies, and
related matters by the Administrator and other Federal agencies
and by other persona and agencies under Federal grants or con-
tracts; (3) the progress and problems associated with the develop-
ment of effluent limitations and recommended control techniques;
(4) the status of State programs, including a detailed summary of
the progress obtained as compared to that planned under the State
program plans for development and enforcement of water quality
requirements; (5) the identification and status of enforcement ac-
tions pending or completed under such Act during the preceding
year, (6) the status or State, interstate, and local pollution control
programs established pursuant to, and assisted by, this Act; (7) a
summary of the results of the survey required to be taken under
section 210 of this Act; (8) his activities including recommendations
under sections 109 through 111 of this Act: and (9) all reports and
recommendations made by the Water Pollution Control Advisory
Board.
(bXD The Administrator, in cooperation with the States, in-
cluding water pollution control agencies and other water pollution
control planning agencies, shall make (A) a detailed estimate of the
cost of carrying out the provisions of this Act; (B) a detailed esti-
mate, biennially revised, of the cost of construction of all needed
publicly owned treatment works in all of the States and of the cost
of construction of all needed publicly owned treatment works in
each of the States; (C) a comprehensive study of the economic im-
pact on affected units of government of the cost of installation of
treatment facilities; and (D) a comprehensive analysis of the na-
tional requirements for and the cost of treating municipal, indus-
trial, and other effluent to attain the water quality objectives as es-
tablished by this Act or applicable State law. The Administrator
shall submit such detailed estimate and such comprehensive study
of such cost to the Congress no later than February 10 of each odd-
numbered year. Whenever the Administrator, pursuant to this sub-
section, requests and receives an estimate of cost from a State, he
shall furnish copies of such estimate together with such detailed
estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of
this subsection, the Administrator shall make a preliminary de-
tailed estimate called for by subparagraph (B) of such paragraph
and shall submit such preliminary detailed estimate to the Con-
gress no later than September 3, 1974. The Administrator shall re-
quire each State to prepare an estimate of cost for such State, and
shall utilize the survey form EPA-1, O.M.B. No. 158-R0017, pre-
pared for the 1973 detailed estimate, except that such estimate
shall include all costs of compliance with section 201(gX2XA) of this
Act and water quality standards established pursuant to section
303 of this Act, and all costs of treatment works as defined in sec-
tion 212(2), including all eligible costs of constructing sewage col-
lection systems and correcting excessive infiltration or inflow and
all eligible costs of correcting combined storm and sanitary sewer
problems and treating storm water flows. The survey form shall be
distributed by the Administrator to each State no later than Janu-
ary 31, 1974.
(c) The Administrator shall submit to the Congress by October
1, 1978, a report on the status of combined sewer overflows in mu-
nicipal treatment works operations. The report shall include (1) the
status of any projects funded under this Act to address combined
sewer overflows, (2) a listing by State of combined sewer overflow
needs identified in the 1977 State priority listings, (3) an estimate
for each applicable municipality of the number of years necessary,
assuming an annual authorization and appropriation for the con-
struction grants program of $5,000,000,000 to correct combined
sewer overflow problems, (4) an analysis using representative mu-
nicipalities faced with major combined sewer overflow needs, of the
annual discharges of pollutants from overflows in comparison to
treated affluent discharges, (5) an analysis of the technological al-
ternatives available to municipalities to correct major combined
sewer overflow problems, and (6) any recommendations of the Ad-
ministrator for legislation to address the problem of combined
sewer overflows, including whether a separate authorization and
grant program should be established by the Congress to address
combined sewer overflows.
(d) The Administrator, in cooperation with the States, includ-
ing water pollution control agencies, and other water pollution con-
trol planning agencies, and water supply and water resources agen-
cies of the States and the United States shall submit to Congress,
within two years of the date of enactment of this section, a report
with recommendations for legislation on a program to require co-
ordination between water supply and wastewater control plans as
a condition to grants for construction of treatment works under this
Act. No such report shall be submitted except after opportunity for
public hearings on such proposed report.
(e) STATE REVOLVING FUND REPORT.—
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211
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 517
(1) IN GENERAL.—Not later than February 10, 1990, the
Administrator shall submit to Congress a report on the finan-
cial status and operations of water pollution control revolving
funds established by the States under the title VI of this Act.
The Administrator shall prepare such report in cooperation
with the States, including water pollution control agencies and
other water pollution control planning and financing agencies.
(2) CONTENTS.—The report under this subsection shall also
include the following:
(A) an inventory of the facilities that are in significant
noncompliance with the enforceable requirements of this
Act;
(B) an estimate of the cost of construction necessary to
bring such facilities into compliance with such require-
ments;
(C) an* assessment of the availability of sources of
funds for financing such needed construction, including an
estimate of the amount of funds available for providing as-
sistance for such construction through September 30, 1999,
from the water pollution control revolving funds estab-
lished by the States under title VI of this Act;
(D) an assessment of the operations, loan portfolio,
and loan conditions of such revolving funds;
(E) an assessment of the effect on user charges of the
assistance provided by such revolving funds compared to
the assistance provided with funds appropriated pursuant
to section 207 of this Act; and
(F) an assessment of the efficiency of the operation
and maintenance of treatment works constructed with as-
sistance provided by such revolving funds compared to the
efficiency of the operation and maintenance of treatment
works constructed with assistance provided under section
201 of this Act.
(33 U.S.C. 1376)
GENERAL AUTHORIZATION
SEC. 517. There are authorized to be appropriated to carry out
this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113,
114, 115, 206, 207, 208 (0 and (h), 209, 304, 311 (c), (d), (i), (1), and
(k), 314, 315, and 317, $250,000,000 for the fiscal year ending June
30, 1973, $300,000,000 for the fiscal year ending June 30, 1974,
$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000
for the fiscal year ending September 30, 1977, $150,000,000 for the
fiscal year ending September 30, 1978, $150,000,000 for the fiscal
year ending September 30, 1979, $150,000,000 for the fiscal year
ending September 30, 1980, $150,000,000 for the fiscal year ending
September 30, 1981, $161,000,000 for the fiscal year ending Sep-
tember 30, 1982, such sums as may be necessary for fiscal years
1983 through 1985, and $135,000,000 per fiscal year for each of the
fiscal years 1986 through 1990.
(33 U.S.C. 1376) -
Sec. 518
FEDERAL WATER POLLUTION CONTROL ACT
212
SEC. 518. INDIAN TRIBES.
(a) POLICY.—Nothing in this section shall be construed to affect
the application of section 10 Kg) of this Act, and all of the provi-
sions of this section shall be carried out in accordance with the pro-
visions of such section 101(g). Indian tribes shall be treatea as
States for purposes of such section 10 Kg).
(b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The
Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works
to serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 205 of this Act and
priority lists under section 216 of this Act, and any obstacles which
prevent such needs from being met. Not later than one year after
the date of the enactment of this section, the Administrator shall
submit a report to Congress on the assessment under this sub-
section, along with recommendations specifying (1) how the Admin-
istrator intends to provide assistance to Indian tribes to develop
waste treatment management plans and to construct treatment
works under this Act, and (2) methods by which the participation
in and administration of programs under this Act by Indian tribes
can be maximized.
(c) RESERVATION OF FUNDS.—The Administrator shall reserve
each fiscal year beginning after September 30, 1986, before allot-
ments to the States under section 205(e), one-half of one percent
of the sums appropriated under section 207. Sums reservea under
this subsection shall be available only for grants for the develoment
of waste treatment management plans and for the construction of
sewage treatment works to serve Indian tribes, as defined in sub-
section (h) and former Indian reservations in Oklahoma (as deter-
mined by the Secretary of the Interior) and Alaska Native Villages
as defined in Public Law 92-203.
(d) COOPERATIVE AGREEMENTS.—In order to ensure the consist-
ent implementation of the requirements of this Act, an Indian tribe
and the State or States in which the lands of such tribe are located
may enter into a cooperative agreement, subject to the review and
approval of the Administrator, to jointly plan and administer the
requirements of this Act.
(e) TREATMENT AS STATES.—The Administrator is authorized to
treat an Indian tribe as a State for purposes of title II and sections
104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this
Act to the degree necessary to carry out the objectives of this sec-
tion, but only if—
(1) the Indian tribe has a governing body carrying out sub-
stantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain
to the management and protection of water resources which
are held by an Indian tribe, held by the United States in trust
for Indiana, held by a member of an Indian tribe if such prop-
erty interest is subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation; and
(3) the Indian tribe is reasonably expected to be capable,
in the Administrator's judgment, of carrying out the fuio-tions
to be exercised in a manner consistent with the terms and pur-
- poses of this Act and of all applicable regulations.
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213
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 518
Sec. 511
FEDERAL WATER POLLUTION CONTROL ACT
214
Such treatment aa a State may include the direct provision of
funds reserved under subsection (c) to the governing bodies of In-
dian tribes, and the determination of priorities by Indian tribes,
where not determined by the Administrator in cooperation with the
Director of the Indian Health Service. The Administrator, in co-
operation with the Director of the Indian Health Service, is author-
ized to make grants under title II of this Act in an amount not to
exceed 100 percent of the cost of a project. Not later than 18
months after the date of the enactment of this section, the Admin-
istrator shall, in consultation with Indian tribes, promulgate final
regulations which specify how Indian tribes shall be treated as
States for purposes of this Act The Administrator shall, in promul-
gating such regulations, consult affected States sharing common
water bodies and provide a mechanism for the resolution of any un-
reasonable consequences that may arise as a result of differing
water quality standards that may be set by States and Indian
tribes located on common bodies of water. Such mechanism shall
provide for explicit consideration of relevant factors including, but
not limited to, the effects of differing water quality permit require-
ments on upstream and downstream dischargers, economic im-
pacts, and present and historical uses and Quality of the waters
subject to such standards. Such mechanism should provide for the
avoidance of such unreasonable consequences in a manner consist-
ent with the objective of this Act.
(0 GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Adminis-
trator shall make grants to an Indian tribe under section 319 of
this Act as though such tribe was a State. Not more than one-third
of one percent of the amount appropriated for any fiscal year under
section 319 may be used to make grants under this subsection. In
addition to the requirements of section 319, an Indian tribe shall
be required to meet the requirements of paragraphs (1), (2), and (3)
of subsection (d)' of this section in order to receive such a grant.
(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act
shall oe construed to—
(1) grant, enlarge, or diminish, or in any way affect the
scope of the governmental authority, if any, of any Alaska Na-
tive organization, including any federally-recognized tribe, tra-
ditional Alaska Native council, or Native council organized
pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
or persons in Alaska;
(2) create or validate any assertion by such organization or
any form of governmental authority over lands or persons in
Alaska; or
(3) in any way affect any assertion that Indian country, as
defined in section 1161 of title 18, United States Code, exists
or does not exist in Alaska.
(h) DEFINITIONS.—For purposes of this section, the term—
(1) "Federal Indian reservation" means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of
any patent, and including rights-of-way running through the
reservation; and
1 Probably ihould b» tubMcUon (•».
(2) "Indian tribe" means any Indian tribe, band, grouiL or
community recognized by the Secretary of the Interior ana ex-
ercising governmental authority over a Federal Indian reserva-
tion.
(33 U.S.C. 1377)
SHORT TITLE
SEC. 519. This Act may be cited as the "Federal Water Pollu-
tion Control Act" (commonly referred to as the Clean Water Act).
(33 U.S.C. 1261 note)
TITLE VI-STATE WATER POLLUTION CONTROL
REVOLVING FUNDS
SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING
FUNDS.
(a) GENERAL AUTHORITY.—Subject to the provisions of this
title, the Administrator shall make capitalization grants to each
State for the purpose of establishing a water pollution control re-
volving fund for providing assistance (1) for construction of treat-
ment works (as defined in section 212 of this Act) which are pub-
licly owned, (2) for implementing a management program under
section 319, and (3) for developing and implementing a conserva-
tion and management plan under section 320.
(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and
each State shall jointly establish a schedule of payments under
which the Administrator will pay to the State the amount of each
grant to be made to the State under this title. Such schedule shall
be based on the State's intended use plan under section 606Xc) of
this Act, except that—
(1) such payments shall be made in quarterly installments,
and
(2) such payments shall be made as expeditiously as pos-
sible, but in no event later than the earlier of—
(A) 8 quarters after the date such funds were obligated
by the State, or
(B) 12 quarters after the date such funds were allotted
to the State.
(33 U.S.C. 1361)
SEC. 602. CAPITALIZATION GRANT AGREEMENTS.
(a) GENERAL RULE.—To receive a capitalization grant with
funds made available under this title and section 205(m) of this
Act, a State shall enter into an agreement with the Administrator
which shall include but not be limited to the specifications set forth
in subsection (b) of this section.
(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter
into an agreement under this section with a State only after the
State has established to the satisfaction of the Administrator
-that^- _ * .-
(1) the State will accept grant payments with funds to be
made available under this title and section 205(m) of this Act
in accordance with a payment schedule established jointly by
the Administrator under section 601(b) of this Act and will de-
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215
FEDERAL WATER POLLUTION CONTROL ACT
See. 802
Sec. 603
FEDERAL WATER POLLUTION CONTROL ACT
216
posit all such payments in the water pollution control revolving
fund established by the State in accordance with this title;
(2) the State will deposit in the fund from State moneys
an amount equal to at least 20 percent of the total amount of
all capitalization grants which will be made to the State with
funds to be made available under this title and section 205Xm)
of this Act on or before the date on which each quarterly grant
payment will be made to the State under this title;
(3) the State will enter into binding commitments to pro-
vide assistance in accordance with the requirements of this
title in an amount equal to 120 percent of the amount of each
such grant payment within I year after the receipt of such
grant payment;
(4) all funds in the fund will be expended in an expeditious
and timely manner;
(5) all funds in the fund as a result of capitalization grants
under this title and section 205(m) of this Act will first be used
to assure maintenance of progress, as determined by the Gov-
ernor of the State, toward compliance with enforceable dead-
lines, goals, and requirements of this Act, including the munic-
ipal compliance deadline;
(6) treatment works eligible under section 603(cXD of this
Act which will be constructed in whole or in part before fiscal
year 1995 with funds directly made available by capitalization
grants under this title and section 205(m) of this Act will meet
the requirements of, or otherwise be treated (as determined by
the Governor of the State) under sections 20 Kb), 201(gXD,
201(gX2), 201(gX3), 201(gK6), 201(gX6), 201(nXD, 201(o),
204(aXD, 204UX2), 204(bXl), 204(dX2), 211, 218, 611(cXD, and
513 of this Act in the same manner as treatment works con-
structed with assistance under title II of this Act;
(7) in addition to complying with the requirements of this
title, the State will commit or expend each quarterly grant
payment which it will receive under this title in accordance
with laws and procedures applicable to the commitment or ex-
penditure of revenues of the State;
(8) in carrying out the requirements of section 606 of this
Act, the State will use accounting, audit, and fiscal procedures
conforming to generally accepted government accounting
standards;
(9) the State will require as a condition of making a loan
or providing other assistance, as described in section 603(d) of
this Act, from the fund that the recipient of such assistance
will maintain project accounts in accordance with generally ac-
cepted government accounting standards; and
(10) the State will make annual reports to the Adminis-
trator on the actual use of funds in accordance with section
606(d)ofthi8AcL
(33 U.S.C. 1382)
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. >
(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.—Before
a State may receive a capitalization grant with funds made avail-
able under this title and section 205Xm) of this Act the State shall
first establish a water pollution control revolving fund which com-
plies with the requirements of this section.
(b) ADMINISTRATOR.—Each State water pollution control revolv-
ing fund shall be administered by an instrumentality of the State
with such powers and limitations as may be required to operate
such fund in accordance with the requirements and objectives of
this Act.
(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of
funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance (1) to any mu-
nicipality, intennunicipal, interstate, or State agency for construc-
tion of publicly owned treatment works (as defined in section 212
of this Act), (2) for the implementation of a management program
established under section 319 of this Act, and (3) for development
and implementation of a conservation and management plan under
section 320 of this Act. The fund shall be established, maintained,
and credited with repayments, and the fund balance shall be avail-
able in perpetuity for providing such financial assistance.2
(d) TYPES OF ASSISTANCE.—Except as otherwise limited by
State law, a water pollution control revolving fund of a State under
this section may be used only—
(1) to make loans, on the condition that—
(A) such loans are made at or below market interest
rates, including interest free loans, at terms not to exceed
20 years;
(B) annual principal and interest payments will com-
mence not later than 1 year after completion of any project
and all loans will be fully amortized not later than 20
years after project completion;
(C) the recipient of a loan will establish a dedicated
source of revenue for repayment of loans; and
'See lection 1MB of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U.S.C.
UUG) for additional amounta that an to be deposited into a Stale's fund and treatment of such
depoeits.
^Section 1000 of the Ocean Dumping Ban Act of 1988 (P.L. 100-688) is as follows:
SEC. 10M. USE OF STATE WATER POLLUTION CONTROL REVOLVING FUND
GRANTS FOR DEVELOPING ALTERNATIVE SYSTEMS.
(a) GENERAL REQUIREMENT.—Notwithstanding the provisions of title VI of the Federal Water
Pollution Control Act, each of the States of New York and New Jersey shall use 10 percent of
the amount of a grant payment made to such Slate under such title for each of the fiscal years
1990 and 1991 and 10 percent of the State's contribution associated with such grant payment
in the 6-month period beginning on the date of receipt of such grant payment for making loans
and providing other assistance ae described in section 603(d) of the Federal Water Pollution
Control Act to any governmental entity in such Stale which has entered into a compliance
agreement or enforcement agreement under section 1MB of the Marine Protection, Research,
and Sanctuaries Act of 1972 for identifying, developing, and implementing pursuant to such sec-
tion alternative systems for management of sewage sludge.
(b) LmrTATtOR—If, after the last day of the 6-month period beginning on the date of receipt
of a grant payment by the State of New York or New Jersey under title VI of the Federal Water
Pollution Control Act for each of fiscal years 1990 and 1991, 10 percent of the amount of .such
grant payment and the State's contribution associated with such grant payment has not been
used for providing assistance described In subsection (a) as a result of insufficient appjlutiona
for such assistance from persons eligible for such assistance, the 10 percent limitations •« forth
In subsection (a) shall not be applicable with respect to such grant payment and associgts»LSUU
contribution.
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217
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 604
(D) the fund will be credited with all payments of prin-
cipal and interest on all loans;
(2) to buy or refinance the debt obligation of municipalities
and intermunidpal and interstate agencies within the State at
or below market rates, where such debt obligations were in-
curred after March 7. 1985;
(3) to guarantee, or purchase insurance for, local obliga-
tions where such action would improve credit market access or
reduce interest rates;
(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of such bonds
will be deposited in the fund;
(5) to provide loan guarantees for similar revolving funds
established by municipalities or intermunidpal agendes;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of administering the fund and
conducting activities under this title, except that such amounts
shall not exceed 4 percent of all grant awards to such fund
under this title.
(e) LIMITATION To PREVENT DOUBLE BENEFITS.—If a State
makes, from its water pollution revolving fund, a loan which will
finance the cost of facility planning and the preparation of plans,
specifications, and estimates for construction of publicly owned
treatment works, the State shall ensure that if the recipient of
such loan receives a grant under section 20 Kg) of this Act for con-
struction of such treatment works and an allowance under section
201(1X1) of this Act for non-federal funds expended for such plan-
ning and preparation, such recipient will promptly repay such loan
to the extent of such allowance.
(0 CONSISTENCY WITH PLANNING REQUIREMENTS.—A State
may provide finandal assistance from its water pollution control
revolving fund only with respect to a project which is consistent
with plans, if any, developed under sections 206(j), 208, 303(e), 319,
and 320 of this Act
(g) PRIORITY LIST REQUIREMENT.—The State may provide fi-
nandal assistance from its water pollution control revolving fund
only with respect to a project for construction of a treatment works
described in subsection (cXD if such project is on the State's prior-
ity list under section 216 of this Act. Such assistance may be pro-
vided regardless of the rank of such project on such list
(h) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION
GRANT PROJECTS.—A State water pollution control revolving fund
may provide assistance (other than under subsection (dXl) of this
section) to a municipality or intermunidpal or interstate agency
with respect to the non-Federal share of the costs of a treatment
works project for which such municipality or agency is receiving as-
sistance from the Administrator under any other authority only if
such assistance is necessary to allow such project to proceed.
(33 U.S.C. 1383)
SBC 604. ALLOTMENT OF FUNDS.
(a) FORMULA.—Sums authorized to be appropriated to carry
out this section for each of fiscal yean 1989 and 1990 ahall be al-
Sec. 80S
FEDERAL WATER POLLUTION CONTROL ACT
_ 218
lotted by the Administrator in accordance with section 2(KXc) of
this Act.
(b) RESERVATION OF FUNDS FOR PLANNING.—Each State shall
reserve each fiscal year 1 percent of the sums allotted to such State
under this section for such fiscal year, or $100,000, whichever
amount is greater, to carry out planning under sections 205(j) and
303(e)ofthis Act. ,
(c) ALLOTMENT PERIOD.—
(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums al-
lotted to a State under this section for a fiscal year shall be
available for obligation by the State during the fiscal year for
which sums are authorized and during the following fiscal
year.
(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of
any allotment not obligated by the State by the last day of the
2-year period of availability established by paragraph (1) shall
be immediately reallotted by the Administrator on the basis of
the same ratio as is applicable to sums allotted under title II
of this Act for the second fiscal year of such 2-year period.
None of the funds reallotted by the Administrator shall be real-
lotted to any State which has not obligated all sums allotted
to such State in the first fiscal year of such 2-year period.
(33 U.S.C. 1384)
SEC. 605. CORRECTIVE ACTION.
(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator
determines that a State has not complied with its agreement with
the Administrator under section 602 of this Act or any other re-
quirement of this title, the Administrator shall notify the State of
such noncompliance and the necessary corrective action.
(b) WITHHOLDING OF PAYMENTS.—If a State does not take cor-
rective action within 60 days after the date a State receives notifi-
cation of such action under subsection (a), the Administrator shall
withhold additional payments to the State until the Administrator
is satisfied that the State has taken the necessary corrective action.
(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Adminis-
trator is not satisfied that adequate corrective actions have been
taken by the State within 12 months after the State is notified of
such actions under subsection (a), the payments withheld from the
State by the Administrator under subsection (b) shall be made
available for reallotment in accordance with the most recent for-
mula for allotment of funds under this title.
(33 U.S.C. 1386)
SEC. 600. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE
PLAN.
(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State
electing to establish a water pollution control revolving fund under
this title shall establish fiscal controls and accounting procedures
sufficient to assure proper accounting during appropriate account-
ing periods for—
(1) payments received by the fund;
(2) disbursements made by the fund; and
(3) fund balances at the beginning and end of the account-
ing period.
-------
219
FEDERAL WATER POLLUTION CONTROL ACT
SM.606
(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at
least on an annual basis, conduct or require each State to have
independently conducted reviews and audits as may be deemed
necessary or appropriate by the Administrator to carry out the ob-
jectives of this section. Audits of the use of funds deposited in the
water pollution revolving fund established by such State shall be
conducted in accordance with the auditing procedures of the Gen-
eral Accounting Office, including chapter 76 of title 31, United
States Code.
(c) INTENDED USE PLAN.—After providing for public comment
and review, each State shall annually prepare a plan identifying
the intended uses of the amounts available to its water pollution
control revolving fund. Such intended use plan shall include, but
not be limited to—
(1) a list of those projects for construction of publicly
owned treatment works on the State's priority list developed
pursuant to section 216 of this Act and a list of activities eligi-
ble for assistance under sections 319 and 320 of this Act;
(2) a description of the short- and long-term goals and ob-
- jectives of its water pollution control revolving fund;
(3) information on the activities to be supported, including
a description of project categories, discharge requirements
under titles III and IV of this Act, terms of financial assist-
ance, and communities served;
(4) assurances and specific proposals for meeting the re-
quirements of paragraphs (3), (4), (5), and (6) of section 602(b)
of this Act; ana
(6) the criteria and method established for the distribution
of funds.
(d) ANNUAL REPORT.—Beginning the first fiscal year after the
receipt of payments under this title, the State shall provide an an-
nual report to the Administrator describing how the State has met
the goals and objectives for the previous fiscal year as identified in
the plan prepared for the previous fiscal year pursuant to sub-
section (c), including identification of loan recipients, loan amounts,
and loan terms and similar details on other forms of financial as-
sistance provided from the water pollution control revolving fund.
(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator
shall conduct an annual oversight review of each State plan pre-
pared under subsection (c), each State report prepared under sub-
section (d), and other such materials as are considered necessary
and appropriate in carrying out the purposes of this title. After rea-
sonable notice by the Administrator to the State or the recipient of
a loan from a water pollution control revolving fund, the State or
loan recipient shall make available to the Administrator such
records as the Administrator reasonably requires to review and de-
termine compliance with this title.
(0 APPLICABILITY OF TITLE II PROVISIONS.—Except to the ex-
tent provided in this title, the provisions of title II shall not apply
to grants under this title.
tlSW)
Sec. 607
FEDERAL WATER POLLUTION CONTROL ACT
220
SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the pur-
poses of this title the following sums:
(1) $1,200,000,000 per fiscal year for each of fiscal year
1989 and 1990;
(2) $2,400,000,000 for fiscal year 1991;
(3)! 1,800,000,000 for fiscal year 1992;
(4) i 1,200,000,000 for fiscal year 1993; and
(5) $600,000,000 for fiscal year 1994.
(33 U.8.C. 1387)
-------
Revise'* '« of July 1,1997
PART 131-WATER QUALITY
STANDARDS
Subpcut A— General Provision*
Sao.
131.1 Scope.
131.2 Purpose.
131.3 Definitions.
131.4 State authority.
131.6 EPA authority.
131.6 Minimum requirement* for water
quality standards submission.
131.7 Dispute resolution mechanism.
131.8 Requirements for Indian Tribes to ad-
minister a water quality standards pro-
gram.
Subpoit B— Establishment of Water Quality
Standard*
131.10 Designation of uses.
131.11 Criteria.
131.13 AnUdegradaUon policy.
131.13 General policies.
Subport C— Procedure* tor Review and
Revision of Water QuoJtty Standard*
131.20 State review and revision of water
quality standards.
131.21 EPA review and approval of water
quality stanrtsrrts
131.22 EPA promulgation of water quality
standards.
Subport D-FederaUy Promulgated Water
QuaBty Standard*
131.31 Arizona.
131.32 Pennsylvania.
131.33-131.34 (Reserved)
131.35 Oolville Confederated Tribe* Indian
131.36 Toxlas criteria for those states not
complying with Clean Water Act section
303(0X2X3).
131.37 California.
AUTHORITY: 33 U.B.C. 1281 tt $tg.
80UBCK 48 FR 61405. Nov. 8. 1883. unless
otherwise noted.
Subport A—General Provisions
Scop*
This put describes the requirements
and procedure* for developing, review-
ing, revising, and approving water
Quality standards by the States as au-
thorized toy section 303(o) of the Clean
•Water Act. Additional specific proce-
dures for developing, reviewing, revis-
- ing. and approving water quality stand-
ards for Great Lakes States or Oreat
Lakes Tribes (as defined in 40 OFR
132.2). to conform to section 118 of the
Clean Water Act and 40 CFR part 132,
are provided In 40 CFR part 132.
[60 PR 16386. Mar. 23.1996)
1131.2 PurpOM.
A water quality standard defines the
water quality goals of a water body, or
portion thereof, by designating the use
or uses to be made of the water and by
setting criteria necessary to protect
the uses. States adopt water quality
standards to protect public health or
welfare, enhance the quality of water
and serve the purposes of the Clean
Water Aot (the Aot). "Serve the pur-
poses of the Aot" (as defined in sec-
tions 101(a)(2) and 303(o) of the Aot)
means that water quality standards
should, wherever attainable, provide
water quality for the protection and
propagation of fish, shellfish and wild-
life and for recreation in and on the
water and take Into consideration their
use and value of public water supplies,
propagation of fish, shellfish, and wild-
life, recreation In and on the water.
and agricultural, industrial, and other
purposes including navigation.
Such standards serve the dual purposes
of establishing the water quality goals
.for a specific water body and serve as
the regulatory basis for the establish-
ment of water-quallty-based treatment
controls and strategies beyond the
technology-based levels of treatment
required by sections 301(b) and 306 of
the Aot.
I1SLS Definition*.
(a) The Act means the Clean Water
Aot (Pub. L. 93-600. as amended (33
U.B.0.1261 ei *««.)).
(b) Criteria are elements of State
water quality standards, expressed as
constituent concentrations, levels, or
narrative statements, representing a
quality of water that supports a par-
ticular use. When criteria are met.
water quality will generally protect
the designated use.
(o) Section 304(a) criteria are developed
by EPA under authority of section
3M(a) of the Aot based on the latest
scientific Information on the relation-
ship that the effect of a constituent
concentration has on particular aquat-
ic species and/or human health. This
Information is issued periodically to
the States as guidance for use in devel-
oping criteria.
(d) Toxic pollutants are those pollut-
ants listed by the Administrator under
section 307(a) of the Aot.
(e) Existing uses are those uses actu-
ally attained in the water body on or
after November 28.1976. whether or not
they are included in the water quality
standards.
(f) Designated uses are those uses
specified in water quality standards for
each water body or segment whether or
not they are being attained.
(g) Use attainability analysis is a
structured scientific assessment of the
factors affecting the attainment of the
use whioh may Include physical, chem-
ical, biological, and economic factors
as described in |131.10(g).
(b) Water quality limited segment
means any segment where It Is known
that water quality does not meet appli-
cable water quality standards, and/or is
not expected to meet applicable water
quality standards, even after the appli-
cation of the technology-bases effluent
limitations required by sections 301(b)
and 306 of the Aot.
(1) Water Quality standards are provi-
sions of State or Federal law which
consist of a designated use or uses for
'the waters of the United States and
water quality criteria for such waters
based upon such uses. Water quality
standards are to protect the public
health or welfare, enhance the quality
of water and serve the purposes of the
Aot.
(]) States Include: The 60 States, the
District of Columbia. Ouam. the Com-
monwealth of Puerto Rico. Virgin Is-
lands, American Samoa, the Trust Ter-
ritory of the Pacific Islands, the Com-
monwealth of the Northern Mariana
Islands, and Indian Tribes that EPA
determines to be eligible for purposes
of water quality standards program.
(k) Federal Indian Reservation. Indian
Reservation, or Reservation means all
land within the limits of any Indian
reservation under the Jurisdiction of
the United States Government, not-
withstanding the issuance of any pat-
ent. and Including rights-of-way run-
ning through the reservation."
(1) Indian Tribe or Tribe means any In-
dian Tribe, band, group, or community
recognized by the Secretary of the In-
terior and exercising governmental au-
'thority over a Federal Indian reserva-
tion.
[48 PR 61406. Nov. 8. 1983. as amended at 68
FR 61883. Deo. 12. 1991; 69 PR 64344. Deo. 14.
1994]
1131.4 State authority.
(a) States (as defined In J 131.3) are re-
sponsible for reviewing, establishing.
and revising water quality standards.
As recognized by section 610 of the
Clean Water Aot. States may develop
water quality standards more stringent
than required by this regulation. Con-
sistent with section 101(g) and 618(a) of
the Clean Water Aot, water quality
standards shall not be construed to su-
persede or abrogate rights to quan-
tities of water.
(b) States (as defined in 5131.3) may
Issue certifications pursuant to the re-
quirements of Clean Water Act section
401. Revisions adopted by States shall
be applicable for use in issuing State
certifications consistent with the pro-
visions of 1131.21(0).
(o) Where EPA determines that a
Tribe is eligible to the same extent as
a State for purposes of water quality
standards, the Tribe likewise Is eligible
to the same extent as a State for pur-
poses of certifications conducted under
Clean Water Act section 401.
[66 FR 64883. Deo. 12. 1991. as amended at 69
FR 84344. Deo. 14.1994]
I1SL6 EPA authority.
(a) Under section 303(c) of the Aot,
EPA Is to review and to approve or dis-
approve State-adopted water quality
standards. The review Involves a deter-
mination of:
(1) Whether the State has adopted
water uses which are consistent with
the requirements of the Clean Water
Aot;
(2) Whether the State has adopted
criteria that protect the designated
water uses;
(3) Whether the State has followed its
legal procedures for revising or adopt-
ing, standards;
(4) Whether the State standards
-------
wbloh do not include the uses specified
in section 101(a)(2) of the Act are baaed
upon appropriate technical and sci-
entific data and analyses, and
(6) Whether the State submission
meets the requirements included in
{131.6 of this part and, for Great Lakes
States or Great Lakes Tribes (as de-
fined in 40 CFR 132.2) to conform to
section 118 of the Act, the require-
ments of 40 CFR part 132.
(b) If EPA determines that the
State's or Tribe's water quality stand-
ards are consistent with the factors
listed in paragraphs (aXD through
(a)(6) of this section. EPA approves the
standards. EPA must disapprove the
State's or Tribe's water quality stand-
ards and promulgate Federal standards
under section 303(o)(4). and for Great
Lakes States or Great Lakes Tribes
under section 118(o)(2)(C) of the Act, if
State or Tribal adopted standards are
not consistent with the factors listed
In paragraphs (a)(l) through (a)(6) of
this section. EPA may also promulgate
a hew or revised standard when nec-
essary to meet the requirements of the
Act.
(c) Section 401 of the Clean Water Act
authorizes EPA to Issue certifications
pursuant to the requirements of sec-
tion 401 in any case where a State or
Interstate agency has no authority for
Issuing such certifications.
[48 FR 51405, Nov. 8. 1983. u amended at 66
FR 64894. DM. 12. 1091: 60 FR 15387. Mar. 23.
1995)
|131.6 Minimum requirements for
water quality standards submis-
sion.
The following elements must be in-
cluded in each State's water quality
standards submitted to EPA for review:
(a) Use designations consistent with
the provisions of sections 101(a)(2) and
303(c)(2) of the Act.
(b) Methods used and analyses con-
ducted to support water quality stand-
ards revisions.
(c) Water quality criteria sufficient
to protect the designated uses.
(d) An antldegradatlon policy con-
sistent with 1131.12.
(e) Certification by the State Attor-
ney General or other appropriate legal
authority within the State that the
water quality standards were duly
adopted pursuant to State law.
(0 General Information which will
aid the Agency in determining the ade-
quacy of the scientific basis of the
standards which do not include the
uses specified in section 101(a)(2) of the
Act as well as Information on general
policies applicable to State standards
which may affect their application and
Implementation.
1131.7 Dispute resolution mechanism.
(a) Where disputes between States
and Indian Tribes arise as a result of
differing water quality standards on
common bodies of water, the lead EPA
Regional Administrator, as determined
based upon OMB circular A-105, shall
be responsible for acting in accordance
with the provisions of this section.
(b) The Regional Administrator shall
attempt to resolve such disputes
where:
(1) The difference in water quality
standards results In unreasonable con-
sequences;
(2) The dispute is between a State (as
defined In 1131.30) but exclusive of all
Indian Tribes) and a Tribe which EPA
has determined is eligible to the same
extent as a State for purposes of water
quality standards;
(3) A reasonable effort to resolve the
dispute without EPA Involvement has
been made;
(4) The requested relief Is consistent
with the provisions of the Clean Water
Act and other relevant law;
(5) The differing State and Tribal
water quality standards have been
adopted pursuant to State and Tribal
law and approved by EPA; and
(6) A valid written request has been
(submitted by either the Tribe or the
'State.
(c) Either a State or a Tribe may re-
quest EPA to resolve any dispute
which satisfies the criteria of para-
jgraph (b) of this section. Written re-
quests for EPA Involvement should he
submitted to the lead Regional Admin-
istrator and must Include:
(1) A concise statement of the unrea-
sonable consequences that are alleged
to have arisen because of differing
water quality standards;
(2) A concise description of the ac-
tions which have been taken to resolve
the dispute without EPA Involvement;
(3) A concise indication of the water
quality standards provision which has
resulted In the alleged unreasonable
consequences;
(4) Factual data to support the al-
leged unreasonable consequences; and
(6) A statement of the relief sought
from the alleged unreasonable con-
sequences.
(d) Where, in the Regional Adminis-
trator's Judgment. EPA Involvement is
appropriate based on the factors of
paragraph (b) of this section, the Re-
gional Administrator shall, within 30
days, notify the parties In writing that
he/she is initiating an EPA dispute res-
olution action and solicit their written
response. The Regional Administrator
shall also make reasonable efforts to
ensure that other Interested individ-
uals or groups have notice of this ac-
tion. Such efforts shall include but not
be limited to the following:
(1) Written notice to responsible
Tribal and State Agencies, and other
affected Federal agencies.
(2) Notice to the specific individual
or entity that is alleging that an un-
reasonable consequence is resulting
from differing standards having been
adopted on a common body of water.
(3) Public notice in local newspapers.
radio, and television, as appropriate.
(4) Publication in trade Journal news-
letters, and '
(6) Other means as appropriate.
(e) If in accordance with applicable
State and Tribal law an Indian Tribe
and State have entered into an agree-
ment that resolves the dispute or es-
tablishes a mechanism for resolving a
dispute, EPA shall defer to this agree-
ment where it is consistent with the
Clean Water Act and where it has been
approved by EPA.
(0 EPA dispute resolution actions
shall be consistent with one or a com-
bination of the following options:
(1) Mediation. The Regional Adminis-
trator may appoint a mediator to me-
diate the dispute. Mediators shall be
EPA employees, employees from other
Federal agencies, or other Individuals
with appropriate qualifications.
(i) Where the State and Tribe agree
to participate in the dispute resolution
process, mediation with the Intent to
establish Tribal-State agreements,
consistent with Clean Water Act sec-
tion 618(d). shall normally be pursued
as a first effort. '
(11) Mediators shall act as neutral
facilitators whose function is to en-
courage communication and negotia-
tion between all parties to the dispute.
(ill) Mediators may establish advi-
sory panels, to consist in part of rep-
resentatives from the affected parties,
to study the problem and recommend
an appropriate solution.
(iv) The procedure and schedule for
mediation of individual disputes shall
be determined by the mediator In con-
sultation with the parties.
(v) If formal public hearings are held
In connection with the actions taken
under this paragraph. Agency require-
ments at 40 CFR 25.5 shall be followed.
(2) Arbitration. Where the parties to
the dispute agree to participate In the
dispute resolution process, the Re-
gional Administrator may appoint an
arbitrator or arbitration panel to arbi-
trate the dispute. Arbitrators and
panel members shall be EPA employ-
ees, employees from other Federal
agencies, or other individuals with ap-
propriate qualifications. The Regional
administrator shall select as arbitra-
tors and arbitration panel members in-
dividuals who are agreeable to all par-
ties, are knowledgeable concerning the
requirements of the water quality
standards program, have a basic under-
standing of the political and economic
, Interests of Tribes and States involved,
and are expected to fulfill the duties
fairly and Impartially.
(1) The arbitrator or arbitration
panel shall conduct one or more pri-
vate or public meetings with the par-
ties and actively solicit information
pertaining to the effects of differing
water quality permit requirements on
, upstream and downstream dischargers,
comparative risks to public health and
the environment, economic Impacts.
present and historical water uses, the
quality of the waters subject to such
standards, and other factors relevant
to the dispute, such as whether pro-
-------
posed wa quality criteria are more
stringent than necessary to support
designated uses, more stringent than
natural background water quality or
whether designated uses are reasonable
given natural background water qual-
ity.
(11) Following consideration of rel-
evant factors as defined In paragraph
(0(2X1) of this section, the arbitrator
or arbitration panel shall have the au-
thority and responsibility to provide
all parties and the Regional Adminis-
trator with a written recommendation
for resolution of the dispute. Arbitra-
tion panel recommendations shall, in
general, be reached by majority vote.
However, where the parties agree to
binding arbitration, or where required
by the Regional Administrator, rec-
ommendations of such arbitration pan-
els may be unanimous decisions. Where
binding or non-binding arbitration pan-
els cannot reach a unanimous rec-
ommendation after a reasonable period
of time, the Regional Administrator
may direct the panel to Issue a non-
binding decision by majority vote.
(Ill) The arbitrator or arbitration
panel members may consult with
EPA's Office of General Counsel on
legal Issues, but otherwise shall have
no ex part* communications pertaining
to the dispute. Federal employees who
are arbitrators or arbitration panel
members shall bo neutral and shall not
be predisposed for or against the posi-
tion of any disputing party based on
any Federal Trust responsibilities
which their employers may have with
respect to the Tribe. In addition, arbi-
trators or arbitration panel members
who are Federal employees shall act
independently from the normal hier-
archy within their agency.
(iv) The parties are not obligated to
abide by the arbitrator's or arbitration
panel's recommendation unless they
voluntarily entered Into a binding
•agreement to do so.
(v) If a party to the dispute believes
that the arbitrator or arbitration panel
has recommended an action contrary
to or Inconsistent with the Clean
Water Act. the party may appeal the
arbitrator's recommendation to the
Regional Administrator. The request
for appeal must be in writing and mus
include a description of the statutory
basis for altering the arbitrator's rec-
ommendation.
(vi) The procedure and schedule for
arbitration of individual disputes shall
be determined by the arbitrator or ar-
bitration panel in consultation with
parties.
(vii) If formal public hearings are
held in connection with the actions
taken under this paragraph, Agency re-
quirements at 40 CFR 25.6 shall be fol-
lowed.
(3) Dispute resolution default proce-
dure. Where one or more parties (as de-
fined in paragraph (g) of this section)
refuse to participate in either the me-
diation or arbitration dispute resolu-
tion processes, the Regional Adminis-
trator may appoint a single official or
panel to review available Information
pertaining to the dispute and to issue a
written recommendation for resolving
the dispute. Review officials shall be
EPA employees, employees from other
Federal agencies, or other Individuals
with appropriate qualifications. Re-
view panels shall Include appropriate
members to be selected by the Re-
gional Administrator in consultation
with the participating parties. Rec-
ommendations of such review officials
or panels shall, to the extent possible
given the lack of participation by one
or more parties, be reached In a man-
ner Identical to that for arbitration of
disputes specified In paragraphs (f)(2)(l)
through (fX2)(vil) of this section.
(g) Definitions. For the purposes of
this section:
(1) Dispute Resolution Mechanism
means the EPA mechanism established
pursuant to the requirements of Clean
Water Act section 61B(e) for resolving
unreasonable consequences that arise
as a result of differing water quality
standards 'that may be set by States
and Indian Tribes located on common
bodies of water.
(2) Parties to a State-Tribal dispute
include the State and the Tribe and
may, at the discretion of the Regional
Administrator, include an NPDES per-
mittee, citizen, citizen group, or other
affected entity.
J8 PR 64894. Deo. 12. 1991, as amended at 59
FR 64344. Deo. 14.1994]
} 131.8 Requirement* for Indian Tribes
to administer a water quality stand-
ard* program.
(a) The Regional Administrator, as
determined based on OMB Circular A-
105. may accept and approve a tribal
application for purposes of administer-
ing a water quality standards program
if the Tribe meets the following cri-
teria:
(1) The Indian Tribe IB recognized by
the Secretary of the Interior and meets
the definitions in {131.3 (k) and (1),
(2) The Indian Tribe has a governing
body carrying out substantial govern-
mental duties and powers,
(3) The water quality standards pro-
gram to be administered by the Indian
Tribe pertains to the management and
protection of water resources which are
within the borders of the Indian res-
ervation and held by the Indian Tribe,
within the borders of the Indian res-
ervation and held by the United States
In trust for Indians, within the borders
of the Indian reservation and held by a
member of the Indian Tribe If such
property interest is subject to a trust
restriction on alienation, or otherwise
within the borders of the Indian res-
ervation, and
, (4) The Indian Tribe is reasonably ex-
pected to be capable, In the Regional
Administrator's Judgment, of carrying
out the functions of an effective water
quality standards program In a manner
consistent with the terms and purposes
of the Act and applicable regulations.
(b) Requests by Indian Tribes for ad-
ministration of a water quality stand-
ards program should be submitted to
the lead EPA Regional Administrator.
The application shall Include the fol-
lowing Information:
(1) A statement that the Tribe Is rec-
ognized by the Secretary of the Inte-
rior.
(2) A descriptive statement dem-
.onstrating that the Tribal governing
body is currently carrying out substan-
tial governmental duties and powers
over a defined area. The statement
should:
(1) Describe the form of the Tribal
government:
(11) Describe the types of govern-
mental functions currently performed
by the Tribal governing body such as.
but not limited to, the exercise of po-
lice powers affecting (or relating to)
•the health, safety, and welfare of the
affected population, taxation, and the
exercise of the power of eminent do-
main; and
(ill) Identify the source of the Tribal
government's authority to carry out
the governmental functions currently
being performed.
(3) A descriptive statement of the
Indian Tribe's authority to regulate
water quality. The statement should
Include:
(1) A map or legal description of the
area over which the Indian Tribe as-
serts authority to regulate surface
water quality;
(11) A statement by the Tribe's legal
counsel (or equivalent official) which
describes the basis for the Tribes asser-
tion of authority and which may In-
clude a copy of documents such as
Tribal constitutions, by-laws, charters,
executive orders, codes, ordinances,
and/or resolutions which support the
Tribe's assertion of authority; and
• (ill) An identification of the surface
waters for which the Tribe proposes to
establish water quality standards.
(4) A narrative statement describing
the capability of the Indian Tribe to
administer an effective water quality
standards program. The narrative
statement should Include:
(1) A description of the Indian Tribe's
previous management experience
which may Include the administration
of programs and services authorized by
the Indian Self-Determinatlon and
Education Assistance Act (25 U.S.C. 45C
et seq.). the Indian Mineral Develop-
ment Act (25 U.8.C. 2101 et seq.). or the
Indian Sanitation Facility Construc-
tion Activity Act (42 U.8.C. 2004a);
(11) A list of existing environmental
or public health programs adminis-
tered by the Tribal governing body and
copies of related Tribal laws, policies.
and regulations;
(111) A description of the entity (or
entitles) which exercise the executive,
legislative, and Judicial functions of
-------
the Tribal government;
(iv) A description of the existing. 01
proposed, agency of the Indian Tribe
which will assume primary responsibil-
ity for establishing, reviewing, imple-
menting and revising water quality
standards;
(v) A description of the technical and
administrative capabilities of the stafl
to administer and manage an effective
water quality standards program or a
plan which proposes how the Tribe will
acquire additional administrative and
technical expertise. The plan must ad-
dress how the Tribe will obtain the
funds to acquire the administrative
and technical expertise.
(5) Additional documentation re-
quired by the Regional Admlnistratoi
which, in the Judgment of the Regional
Administrator, is necessary to support
a Tribal application.
(6) Where the Tribe has previously
qualified for eligibility or "treatment
as a state" under a Clean Water Act 01
Safe Drinking Water Aot program, the
Tribe need only provide the required
information which has not been sub-
mitted in a previous application.
(c) Procedure for processing an In-
dian Tribe's application.
(1) The Regional Administrator shall
process an application of an Indian
Tribe submitted pursuant to |131.8(b;
in a Jlmely manner. He shall promptly
notify the Indian Tribe of receipt of the
application.
(2) Within 30 days after receipt of the
Indian Tribe's application the Regional
Administrator shall provide appro-
priate notice. Notice shall:
(i) Include information on the sub-
stance and basis of the Tribe's asser-
tion of authority to regulate the qual-
ity of reservation waters; and
(it) Be provided to all appropriate
governmental entities.
(3) The Regional Administrator shall
provide 30 days for comments to be
submitted on the Tribal application.
Comments shall be limited to the
Tribe's assertion of authority.
(4) If a Tribe's asserted authority is
subject to a competing or conflicting
claim, the Regional Administrator.
after due consideration, and in consid-
eration of other comments received.
shall determine whether the Tribe has
adequately demonstrated that it meets
the requirements of § 131.8(a)(3).
(5) Where the Regional Administrator
determines that a Tribe meets the re-
quirements of this section, he shall
promptly provide written notification
to the Indian Tribe that the Tribe is
authorized to administer the Water
Quality Standards program.
(56 FR 64895. Deo. 12. 1991. as amended at 59
FR 64344. Deo. 14.1994] ,
Subpart B—Establishment of Water
Quality Standards
{131.10 Designation of UMB.
(a) Each State must specify appro-
priate water uses to be achieved and
protected. The classification of the wa-
ters of the State must take into con-
sideration the use and value of water
for public water supplies, protection
and propagation of fish, shellfish and
wildlife, recreation in and on the
water, agricultural. Industrial, and
other purposes including navigation. In
no case shall a State adopt waste
transport or waste assimilation as a
designated use for any waters of the
United States.
(b) In designating uses of a water
body and the appropriate criteria for
those uses, the State shall take into
consideration the water quality stand-
ards of downstream waters and shall
ensure that its water quality standards
provide for the attainment and mainte-
nance of the water quality standards of
downstream waters.
(c) States may adopt sub-categories
of a use and set the appropriate cri-
teria to reflect varying needs of such
sub-categories of uses, for instance, to
differentiate between cold water and
warm water fisheries.
(d) At a minimum, uses are deemed
attainable if they can be achieved by
the imposition of effluent limits re-
quired under sections 301(b) and 306 of
the Aot and cost-effective and reason-
.able best management practices for
nonpolnt source control.
(e) Prior to adding or removing any
use, or establishing sub-categories of a
use, the State shall provide notice and
an opportunity for a public hearing
under § 131.20(b) of this regulation.
(f) States may adopt seasonal uses as
an alternative to reclasslfylng a water
body or segment thereof to uses requir-
ing less stringent water quality cri-
teria. If seasonal uses are adopted,
water quality criteria should be ad-
justed to reflect the seasonal uses,
however, such criteria shall not pre-
clude the attainment and maintenance
of a more protective use in another
season.
(g) States may remove a designated
use which is not an existing use, as de-
fined in §131.3, or establish sub-cat-
egories of a use if the State can dem-
onstrate that attaining the designated
use is not feasible because:
(1) Naturally occurring pollutant
concentrations prevent the attainment
of the use; or
(2) Natural, ephemeral, intermittent
or low flow conditions or water levels
prevent the attainment of the use, un-
less these conditions may be com-
pensated for by the discharge of suffi-
cient volume of effluent discharges
without violating State water con-
servation requirements to enable uses
to be met; or
(3) Human caused conditions or
sources of pollution prevent the at-
tainment of the use and cannot be
remedied or would cause more en-
vironmental damage to correct than to
leave In place; or
(4) Dams, diversions or other types of
hydrologio modifications preclude the
attainment of the use, and it is not fea-
sible to restore the water body to its
original condition or to operate such
modification in a way that would re-
sult in the attainment of the use; or
(6) Physical conditions related to the
natural features of the water body,
such as the lack of a proper substrate,
cover, flow, depth, pools, riffles, and
the like, unrelated to water quality.
preclude attainment of aquatic life
protection uses; or
(6) Controls more stringent than
those required by sections 301(b) and
306 of the Aot would result in substan-
tial and widespread economic and
social impact.
(h) States may not remove designated
uses If:
(1) They are existing uses, as defined
in §131.3, unless a use requiring more
stringent criteria is added; or
(2) Such uses will be attained by im-
plementing effluent limits required
under sections 301(b) and 306 of the Act
and by implementing cost-effective and
reasonable best management practices
for nonpolnt source control.
(1) Where existing water quality
standards specify designated uses less
than those which are presently being
attained, the State shall revise its
standards to reflect the uses actually
being attained.
(j) A State must conduct a use at-
tainability analysis as described in
§131.3(g) whenever:
(1) The State designates or has des-
ignated uses that do not include the
uses specified in section 101(a)(2) of the
Act, or
(2) The State wishes to remove a des-
ignated use that is specified in section
101(a)(2) of the Act or to adopt
subcategories of uses specified in sec-
tion 101(a)(2) of the Act which require
less stringent criteria.
(k) A State is not required to conduct
a use attainability analysis under this
regulation whenever designating uses
which Include those specified in section
101(a)(2) of the Act.
§131.11 Criteria.
(a) Inclusion of pollutants: (1) States
must adopt those water quality cri-
teria that protect the designated use.
Such criteria must be based on sound
scientific rationale and must contain
sufficient parameters or constituents
to protect the designated use. For wa-
ters with multiple use designations.
the criteria shall support the most sen-
sitive use.
(2) Toxic pollutants. States must re-
view water quality data and informa-
tion on discharges to Identify specific
water bodies where toxic pollutants
may be adversely affecting water qual-
ity or the attainment of the designated
water use or where the levels of toxic
pollutants are at a level to warrant
concern and must adopt criteria for
such toxic pollutants applicable to the
water body sufficient to protect the
-------
designate^ ~*e. Where a State adopts
narrative criteria for toxic pollutants
to protect designated uses, the State
must provide Information Identifying
the method by which the State Intends
to regulate point source discharges of
toxic pollutants on water quality lim-
ited segments based on such narrative
criteria. Such Information may be In-
cluded as part of the standards or may
be Included In documents generated by
the State In response to the Water
Quality Planning and Management
Regulations (40 CPR part 35).
(b) Form of criteria: In establishing
criteria. States should:
(1) Establish numerical values based
on:
(1) 30t(a) Guidance; or
(11) 304(a) Guidance modified to re-
flect site-specific conditions; or
(111) Other scientifically defensible
methods;
(2) Establish narrative criteria or cri-
teria based upon blomonltorlhg meth-
ods where numerical criteria cannot be
established or to supplement numerical
criteria.
1131.1* Anttdegradation policy.
(a) The State shall develop and adopt
a statewide antldegradation policy and
Identify the methods for implementing
such policy pursuant to this snbpart.
The antldegradation policy and imple-
mentation methods shall, at a mini-
mom, be consistent with the following:
(1) Existing instroam water uses and
the level of water quality necessary to
protect the existing uses shall be main-
tained and protected.
(2) Where the quality of the waters
exceed levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation.In and on the water.
that quality shall be maintained and
protected unless the State finds, after
full satisfaction of the Intergovern-
mental coordination and public partici-
pation provisions of the State's con-
tinuing planning process, that allowing
lower water quality is necessary to ac-
commodate Important economic or so-
cial development in the area in which
the waters are located. In allowing
such degradation or lower water qual
Ity, the State shall assure water qual-
ity adequate to protect existing uses
fully. Further, the State shall assure
that there shall be achieved the high-
est statutory and regulatory require-
ments for all new and existing point
sources and all cost-effective and rea-
sonable best management practices for
nonpoint source control.
(3) Where high quality waters con-
stitute an outstanding National re-
source, such as waters of National and
State parks and wildlife refuges and
waters of exceptional recreational or
ecological significance, that water
quality shall be maintained and pro-
tected.
(4) In those cases where potential
water quality Impairment associated
with a thermal discharge is Involved,
the antldegradation policy and Imple-
menting method shall be consistent
with section 318 of the Act.
1131.13 General policies.
States may. at their discretion, In-
clude in their State standards, policies
generally affecting their application
and implementation, such as mixing
cones, low flows and variances. Such
policies are subject to EPA review and
approval.
Subpcut C—Procedures for Review
and Revision of Water Quality
Standards
1131 JO State review and revision of
water quality •*M^M*«-
. (a) State review. The State shall from
time to time, bat at least once every
three years, hold public hearings for
the purpose of reviewing applicable
water quality' standards and, as appro-
priate, modifying and adopting stand-
ards. Any water body segment with
water quality standards that do not In-
clude the oses specified in section
101(a)(2) of the Act shall be re-exam-
ined every three years to determine if
any new information has become avail-
able. If such new information Indicates
that the uses specified in section
101(aX2) of the Act are attainable, the
State shall revise its standards accord-
ingly. Procedures States establish for
identifying and reviewing water bodies
for review should be incorporated into
their Continuing Planning Process.
(b) Public participation. The State
shall hold a public hearing for the pur-
pose of reviewing water quality stand-
ards, in accordance with provisions of
State law, EPA's water quality man-
agement regulation (40 CFR 130.3(b)(6))
and public participation regulation (40
CFR part 25). The proposed water qual-
ity standards revision and supporting
analyses shall be made available to the
public prior to the hearing.
(c) Submlttal to EPA. The State shall
submit the results of the review, any
supporting analysis for the use attain-
ability analysis, the methodologies
used for site-specific criteria develop-
ment, any general policies applicable
to water quality standards and any re-
visions of the standards to the Re-
gional Administrator for review and
approval, within 30 days of the final
State action to adopt and certify the
revised standard, or If no revisions are
made as a result of the review, within
30 days of the completion of the review.
1131.21 EPA review and approval of
water quality standards.
(a) After the State submits its offi-
cially adopted revisions, the Regional
Administrator shall either:
(1) Notify the State within 60 days
that the revisions are approved, or
(2) Notify the State within 90 days
that the revisions are disapproved.
Such notification of disapproval shall
specify the changes needed to assure
compliance with the requirements of
the Aot and this regulation, and shall
explain why the State standard la not
in compliance with such requirements.
Any new or revised State standard
must be accompanied by some type of
supporting analysis.
(b) The Regional Administrator's ap-
proval or disapproval of a State water
quality standard shall be based on the
requirements of the Aot as described in
11131.6 and 131.6, and, with respect to
Great Lakes States or Tribes (as de-
fined in 40 OFR 132.2), 40 CFR part 132.
(c) A State water qu , standard
remains in effect, even though dis-
approved by EPA, until the State re-
vises it or EPA promulgates a rule that
supersedes the State water quality
standard.
(d) EPA shall, at least annually, pub-
lish in the FEDERAL REGISTER a notice
of approvals under this section.
[48 FR 51405. Nov. 8. 1983. as amended at 60
FR16387. Mar. 23. IMS]
{131.22 EPA promulgation of water
quality standards.
(a) If the State does not adopt the
changes specified by the Regional Ad-
ministrator within 90 days after notifi-
cation of the Regional Administrator's
disapproval, the Administrator shall
promptly propose and promulgate such
standard.
(b) The Administrator may also pro-
pose and promulgate a regulation, ap-
plicable to one or more States, setting
forth a new or revised standard upon
determining such a standard is nec-
essary to meet the requirements of the
Act.
(o) In promulgating water quality
standards, the Administrator Is subject
to the same policies, procedures, analy-
ses, and public participation require-
ments established for States in these
regulations.
Subport D—Federally Promulgated
Water Quality Standards
I13L31 Arizona,
(a) Article 6. part 2 is amended as fol-
lows:
(1) Reg. 6-2-6.11 shall read:
Reg. 6-2-6Jl Nutrient Stamford*. A. The
mean •»"u**i total phosphate and mean an-
nual total nitrate concentrations of the fol-
lowing waters shall not exceed the values
given below nor shall the total phosphate or
total nitrate concentrations of more than 10
percent of the samples In any year exceed
the W percent values given below. Unless
otherwise specified, indicated values also
apply to tributaries to the named waters.
-------
1. Cokmto Rbar tan Utah bar-
dar lo Wlow Beach (main item)
2. Colorado River tan Wltow
BMCH Is Paifear Don (main
ttwn) _
3. Colorado Wver tan Parkar
Dm to Imperial 0am (miln
•1am) T-1IMII- «.«. Tn.IT,-lllll. »
4. Cakmito Mwir tan bnpiii
Dm to Uoraloa Dam (main
turn) .._„....._...„_„_._..._.....
5. Ola Hvar tan New Marioa
(uduotog San Cartoa He»-
•nok)
6. GBa How tan San Cartoa
RMWW* to Mhurat Haydan
Dam (Inducing San Cartoa Ra»-
f~^. ,„ „ , , „ ,!_, , ....„
8. Verda RJ»er (axcapl Of***
Graak) , ,
a. SaH Mvar atom Reoaaiiai.
Ufca , - , „-„,-,„„
ia Santa Cnn Rknv tan Mar-
national boundary naar Nogalai
to8fKinrito ,
11. UHe Colorado Rhw abov»
MaanMpd annual
Tow
pho»-
phataaat
PO*K)/I
0.04-0.06
OOS-OL10
04S-0.12
0.10-0.10
OJSO-0.80
OJO-0.50
OJO-0.50
O20-OJO
O20-OJO
OAHMO
OJO-O.SO
Total It
tralMU
NOjmgA
4-7
6
6-7
S-7
B. The above standards are Intended to
protect the beneficial OMB of the named wa-
ter*. Because regulation of nitrates and
phosphates alone may not be adequate to
protect waters trora •utrophleatlon. no sub-
stance shall be added to any surface water
which produces aquatic growth to the extent
that such growths create a public nuisance
or Interference with beneficial uses of the
water defined and designated In Reg. 8-3-6.6.
(2) Keg. 6-2-6.10 Subparts A and B
are amended to Include Reg. 6-2-6.11 in
series with Regs. 6-3-4.6, 6-3-6.7 and 6-
2-6.8.
(b) The following waters have, in ad-
dition to the uses designated by the
State, the designated use of fish con-
sumption as defined in RlB-11-101
(which Is available from the Arizona
Department of Environmental Quality,
Water Quality Division. 3033 North
Central Ave.. Phoenix. AZ 86012):
COLORADO MAIN STEM RIVER
BASIN:
Hualapai Wash
NODDLE OILA RIVER BASIN:
Agua Fria River (Camelback Road to
Avondale WWTP)
Galena Gulch
Gila River (Felix Road to the Salt
River)
Queen Creek (Headwaters to the Su-
perior WWTP)
Queen Creek (Below Potts Canyon)
SAN PEDRO RIVER BASIN:
Copper Creek
SANTA CRUZ RIVER BASIN:
Agua Caliente Wash
Nogales Wash
Sonoita Creek (Above the town of
Patagonia)
Tanque Verde Creek
Tinaja Wash
Davidson Canyon
UPPER GILA RIVER BASIN
Chase Creek
(c) To Implement the requirements of
R18-11-108.A.5 with respect to effects of
mercury on wildlife, EPA (or the. State
with the approval of EPA) shall imple-
ment a monitoring program to assess
attainment of the water quality stand-
ard.
(Sec. 303. Federal Water Pollution Control
Act. as amended. 33 U.8.0. 1313, 86 Stat. 816
et MO.. Pub. L. 93-600; Clean Water Aot. Pub.
L. 92-600. as amended; 33 U.8.C. 1261 et teq.)
(41 FR 25000. June 22. 1976; 41 FR 48737, Nov.
6. 1976. Redeslgnated and amended at 42 FR
66740. Oct. 28. 1977. Further redeslgnated and
amended at 48 FR (1408. Nov. 8. 1983; 61 FR
20693. May 7.1996)
1131.32 Pennsylvania.
(a) Antidegradatlon policy. This
antidegradatlon policy shall be appli-
cable to all waters of the United States
within the Commonwealth of Penn-
sylvania, including wetlands.
(1) Existing in-stream uses and the
level of water quality necessary to pro-
tect the existing uses shall he main-
tained and protected.
(2) Where the quality of the waters
exceeds levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation in and on the water,
that quality shall be maintained and
protected unless the Commonwealth
finds, after full satisfaction of the
inter-governmental coordination and
public participation provisions of the
Commonwealth's continuing planning
process, that allowing lower water
quality Is necessary to accommodate
important economic or social develop-
ment In the area In which the waters
are located. In allowing such degrada-
tion or lower water quality, the Com-
monwealth shall assure water quality
adequate to protect existing uses fully.
Further, the Commonwealth shall as-
sure that there shall be achieved the
highest statutory and regulatory re-
quirements for all new and existing
point sources and all cost-effective and
reasonable best management practices
for nonpoint sources.
(3) Where high quality waters are
identified as constituting an outstand-
ing National resource, such as waters
of National and State parks and wild-
life refuges and water of exceptional
recreational and ecological signifi-
cance, that water quality shall be
maintained and protected.
(b) [Reserved]
[61 FR 64823. Deo. 9,1996)
«t 131.33-131.34 [Reserved]
1131.35 Colvllle Confederated Tribes
Indian Reservation.
The water quality standards applica-
ble to the waters within the Colvllle
Indian Reservation, located in the
State of Washington.
(a) Background. (1) It is the purpose
of these Federal water quality stand-
ards to prescribe minimum water qual-
ity requirements for the surface waters
located within the exterior boundaries
of the Colvllle Indian Reservation to
ensure compliance with section 303(c)
of the Clean Water Aot.
(2) The Colvllle Confederated Tribes
have a primary interest in the protec-
tion, control, conservation, and utiliza-
tion of the water resources of the
Colvllle Indian Reservation. Water
quality standards have been enacted
into tribal law by the Colvllle Business
Council of the Confederated Tribes of
the Colvllle Reservation, as the
Colvllle Water Quality Standards Aot,
CTC Title 33 (Resolution No. 1984-628
(August 6, 1984) as amended by Resolu-
tion No. 1886-20 (January IB, 1985)).
(b) Territory Covered. The provisions
of these water quality standards shall
apply to all surface waters within the
exterior boundaries of the Colvllle In-
dian Reservation.
(o) Applicability. Administration and
Amendment. (1) The water quality
standards In this section shall be used
by the Regional Administrator for es-
tablishing any water quality based Na-
tional Pollutant Discharge Elimination
•System Permit (NPDES) for point
sources on the Colvllle Confederated
Tribes Reservation.
(2) In conjunction with the issuance
of section 402 or section 404 permits,
the Regional Administrator may des-
ignate mixing zones in the waters of
the United States on the reservation
on a case-by-case basis. The size of
such mixing tones and the in-zone
water quality In such mixing zones
shall be consistent with the applicable
procedures and guidelines in EPA's
Water Quality Standards Handbook
and the Technical Support Document
for Water Quality Based Toxics Con-
trol.
(3) Amendments to the section at the
request of the Tribe shall proceed in
the following manner.
(1) The requested amendment shall
first be duly approved by the Confed-
erated Tribes of the Colville Reserva-
tion (and so certified by the Tribes
Legal Counsel) and submitted to the
Regional Administrator.
(11) The requested amendment shall
be reviewed by EPA (and by the State
of Washington, if the action would af-
fect a boundary water).
(Hi) If deemed In compliance with the
Clean Water Act, EPA will propose and
promulgate an appropriate change to
this section.
(4) Amendment of this section at
EPA's initiative will follow oonsulta- :
tlon with the Tribe and other appro-
priate entities. Such amendments will
then follow normal EPA rulemaking
procedures.
(6) All other applicable provisions of
this part 131 shall apply on the Colville
Confederated Tribes Reservation. Spe-
cial attention should be paid to 55131.6,
131.10. 131.11 and 131.20 for any amend-
ment to these standards to be initiated
by the Tribe.
(6) All numeric criteria contained in
this section apply at all in-stream flow
-------
rates gn> . than or equal to the flow
rate calculated as the minimum 7-con-
seoutlve day average flow with a recur-
rence frequency of once In ten yean
(7Q10); narrative criteria (|131.35(e)(3))
apply regardless of flow. The 7Q10 low
flow shall be calculated using methods
recommended by the U.B. Geological
Survey.
(d) Definition. (1) Acute toxicity
means a deleterious response (e.g..
mortality, dlsorlentatlon. Immobiliza-
tion) to a stimulus observed In 96 hours
or less.
(2) Background condition* means the
biological, chemical, and physical con-
ditions of a water body, upstream from
the point or non-point source discharge
under consideration. Background sam-
pling location in an enforcement ac-
tion will be upstream from the point of
discharge, but not upstream from other
Inflows. If several discharges to any
water body exist, and an enforcement
action is being taken for possible viola-
tions to the standards, background
sampling will be undertaken imme-
diately upstream from each discharge.
(3) Ceremonial and Religious water use
means activities involving traditional
Native American spiritual practices
which Involve, among other things, pri-
mary (direct) contact with water.
(4) Chronic Toxtdty means the lowest
concentration of a constituent causing
observable effects (I.e.. considering
lethality, growth, reduced reproduc-
tion, etc.) over a relatively long period
of time, usually a'28-day test period for
small flab teat species.
(6) Council or TViooI Council means
the Colvllle Business Council of the
ColvUle Confederated Tribes.
(6) Geometric mean means the nth root
of a product of n factors.
(7) Mean retention time means the
time obtained by dividing a reservoir's
mean annual minimum total storage
by the non-zero 30-day, ten-year low-
flow from the reservoir.
(8) Mixing Zone or dilution tone means
a limited area or volume of water
where Initial dilution of a discharge
takes place; and where numeric water
quality criteria can be exceeded but
acutely toxic conditions are prevented
.from occurring.
(0) pH means the negative logarith
of the hydrogen Ion concentration.
(10) Primary contact recreation means
activities where a person would have
direct contact with water to the point
of complete submergence, including
but not limited to skin diving, swim-
ming, and water skiing.
(11) Regional Administrator means the
Administrator of EPA's Region X.
(12) Reservation means all land within
the limits of the Colvllle Indian Res-
ervation, established on July 2. 1872 by
Executive Order, presently containing
1,389.000 acres more or less, and under
the Jurisdiction of the United States
government, notwithstanding the issu-
ance of any patent, and Including
rights-of-way running through the res-
ervation.
(13) Secondary contact recreation
means activities where a person's
water contact would be limited to the
extent that bacterial Infections of eyes,
ears, respiratory, or digestive systems
or urogenital areas would normally be
avoided (such as wading or fishing).
(14) Surface water means all water
above the surface of the ground within
the exterior boundaries of the Colvllle
Indian Reservation including but not
limited to lakes, ponds, reservoirs, ar-
tificial impoundments, streams, rivers,
springs, seeps and wetlands.
(16) Temperature means water tem-
perature expressed in Centigrade de-
grees (0).
(16) Total dissolved solids (TD8) means
the total filterable residue that passes
through a standard glass fiber filter
disk and remains after evaporation and
drying to a constant weight at 180 de-
grees 0. It Is considered to be a meas-
ure of the dissolved salt content of the
water.
(17) Toxicity means acute and/or
chronic toxicity.
(18) Tribe or Tribes means the Colville
Confederated Tribes.
(19) Turbidity means the clarity of
water expressed as nephelometrio tur-
bidity units (NTU) and measured with
. a calibrated turbidimeter.
(20) Wildlife habitat means the waters
and surrounding land areas of the Res-
ervation used by fish, other aquatic life
and wildlife at any stage of their life
history or activity.
(e) General considerations. The follow-
ing general guidelines shall apply to
the water quality standards and classi-
fications set forth In the use designa-
tion Sections.
(1) Classification boundaries. At the
boundary between waters of different
classifications, the water quality
standards for the higher classification
shall prevail.
(2) Antidegradation policy. This
antldegradation policy shall be appli-
cable to all surface waters of the Res-
ervation.
(I) Existing in-stream water uses and
the level of water quality necessary to
protect the existing uses shall be main-
tained and protected.
(11) Where the quality of the waters
exceeds levels necessary to support
propagation of fish, shellfish, and wild-
life and recreation in and on the water,
that 'quality shall be maintained and
protected unless the Regional Adminis-
trator finds, after full satisfaction of
the inter-governmental coordination
and public participation provisions of
the Tribes' continuing planning proc-
ess, that allowing lower water quality
is necessary to accommodate Impor-
tant economic or social development in
the area in which the waters are lo-
cated. In allowing such degradation or
lower water quality, the Regional Ad-
ministrator shall assure water quality
adequate to protect existing uses fully.
Further, the Regional Administrator
shall assure that there shall be
achieved the highest statutory and reg-
ulatory requirements for all new and
existing point sources and all cost-ef-
fective and reasonable best manage-
ment practices for nonpolnt source
control.
(Ill) Where high quality waters are
Identified as constituting an outstand-
ing national or reservation resource.
such as waters within areas designated
as unique water quality management
areas and waters otherwise of excep-
tional recreational or ecological sig-
nificance, and are designated as special
resource waters, that water quality
shall be maintained and protected.
(iv) In those cases where potential
water quality Irapaln. ., associated
with a thermal discharge is involved,
this antldegradation policy's imple-
menting method shall be consistent
with section 316 of the Clean Water
Act.
(3) Aesthetic qualities. All waters with-
in the Reservation, Including those
within mixing zones, shall be free from
substances, attributable to wastewater
discharges or other pollutant sources.
that:
(1) Settle to form objectionable de-
posits;
(11) Float as debris, scum, oil, or
other matter forming nuisances;
(ill) Produce objectionable color,
odor, taste, or turbidity;
(iv) Cause Injury to. are toxic to, or
produce adverse physiological re-
sponses In humans, animals, or plants;
or
(v) produce undesirable or nuisance
aquatic life.
(4) Analytical methods. (1) The analyt-
ical testing methods used to measure
or otherwise evaluate compliance with
water quality standards shall to the ex-
tent practicable, be in accordance with
the "Guidelines Establishing Test Pro-
cedures for the Analysis of Pollutants"
(40 CFR part 136). When a testing meth-
od is not available for a particular sub-
stance, the most recent edition of
"Standard Methods for the J**-""t|
-------
m* n
(?) Boonafelm
contact
(A) Bac-
teriological CriteFSo. Ta® geometric
of fete QssfcsrocoooJ baotsrio dea-
to Eamsjios tskssi over a SO day
sfflaM sofe Qsosefi 8 per 100 milli-
liters. aor shall cany Qiagl® sample ex-
eaQfi osa offltoTOOoecS utoasSfcy of 35 par
ICO millilitars. These limits ar® cal-
culated as tae geometric mesa of the
ly
(C) Total dissolved ga&—concentra-
tions shall not sxcesd 1510 percent of
pressures at any point of sample collec-
(D) Temperature—-{i) Designated
uses. The designated uses include but
are not limited to, the following:
(A) Water supply (industrial, agricul-
tural).
(B) Stock watering.
(C) Fish and shellfish: Salmonid mi-
gration, rearing, spawning, and har-
vesting; other fish migration, rearing,
spawning, and harvesting; crayfish
rearing, spawning, and harvesting.
(D) Wildlife habitat.
(B) Heoreation (secondary contact
recreation, sport fishing, boating and
(F) Commerce and navigation.
• (ii) Water quality criteria. (A) Bac-
teriological Criteria—The geometric
mean of the enterooooci bacteria den-
sities in samples taken over a 30 day
period shall not exceed 33/100 ml. nor
shall any single sample exceed an
enteroooooi density of 150 per 100 milli-
litera. These limits are calculated as
the geometric mean of the collected
samples approximately equally spaced
over a thirty day period.
(B) Dissolved oxygen.
7 (jay (vtocn _ « H..HM.Hnw. _.
1 day irtrtmum4 _
Ecrlylilo
olegoo1'*
el (o.s)
Q.O (3.0)
Olter
lilo
alcgao
SNA
95
1 Thooo era note? column osnontrcltono recommended to
ccNovo ttto required Intcrgravc) dissolved ooyncn oorexint/o-
bmo chosm In pcrcnlhoaoo. Tho 3 mgfl. (fincrcnlid la
-------
uses.
(4) Clou IV (Fair)—{I) Designated uses.
The designated uses Include but are not
limited to, tbe following:
(A) Water supply (Industrial).
(B) Stock watering.
(O) Fish (salmonid and other flab mi-
gration).
(D) Recreation (secondary contact
recreation, sport fishing, boating and
aesthetic enjoyment).
(B) Commerce and navigation.
(li) Water quality criteria. (A) Dis-
solved oxygen.
'day
7 day
IUMO minimum -
•nd othsf
fan iris/t-
oon
8.5
«NA
6.0
During al
other
time peri-
od*
5.5
•NA
4.0
1T4-146 0-97 24
IdayaHnJmum*. ..
•M cnMma «houkf to ooneWen
°*ssr
Mknontd
and other
tthmiare-
Don
4.0
"SSr*
"ar
3.0
die kietantaneou* coo-
otrtrwont to bo •clwvtQfli v PVIM.
(B) Total dissolved gas—concentra-
tions shall not exceed 110 percent of
the saturation value for gases at tbe
existing atmospheric and hydrostatic
pressures at any point of sample collec-
tion.
(0) Temperature shall not exceed 22.0
degrees C due to human activities.
Temperature increases shall not. at
any time, exceed t=20/(T+2).
(7) When natural conditions exceed
22.0 degrees O, no temperature increase
will be allowed which will raise the re-
ceiving water temperature by greater
than 0.3 degrees O.,
(2) For purposes hereof, "t" rep-
resents the permissive temperature
change across the dilution zone; and
"T" -represents the highest existing
temperature in this water classifica-
tion outside of any dilution zone.
(D) pH shall be within the range of 6.5
to 9.0 with a human-caused variation c
less than 0.6 units.
(E) Turbidity shall not exceed 10 NTU
over background turbidity when the
background turbidity Is 60 NTU or less,
or have more than a 20 percent increase
in turbidity when the background tur-
bidity is more than 60 NTU.
(F) Toxic, radioactive, noncon-
ventional, or deleterious material con-
centrations shall be less than those of
.public health significance, or which
may cause' acute or chronic toxic con-
ditions to the aquatic biota, or which
may adversely affect designated water
uses.
(6) Lake Class—(1) Designated uses.
The designated uses Include but are not
limited to. tbe following:
(A) Water supply (domestic, Indus-
trial, agricultural).
(B) Stock watering.
(C) Fish and shellfish: Salmonid mi-
gration, rearing, spawning, and har-
vesting; other fish migration, rearing,
spawning, and harvesting; crayfish
rearing, spawning, and harvesting.
(D) Wildlife habitat.
(B) Ceremonial and religious water
use.
(F) Recreation (primary contact
recreation, sport fishing, boating and
aesthetic enjoyment).
(O) Commerce and navigation.
(11) Water Quality criteria. (A) Bac-
teriological Criteria. The geometric
mean of the enterococcl bacteria den-
sities In samples taken over a 30 day
period shall not exceed 33/100 ml, nor
shall any single sample exceed an
enterooocoi density of 160 per 100 mllll-
llters. These limits are calculated as
the geometric mean of the collected
samples approximately equally spaced
over a thirty day period.
(B) Dissolved oxygen—no measurable
decrease from natural conditions.
(C) Total dissolved gas concentra-
tions shall not exceed 110 percent of
the saturation value for gases at the
existing atmospheric and hydrostatic
pressures at any point of sample collec-
tion.
(D) Temperature—no measurable
change from natural conditions.
(E) pH—no measurable change from
natural conditions.
(F) Turbidity shall not exceed 6 NTU
'Over natural conditions.'
(O) Toxic, radioactive, noncon-
ventlonal, or deleterious material con-
centrations shall be less than those
which may affect public health, tbe
natural aquatic environment, or the
desirability of the water for any use.
(6) Special Resource Water Class
(SRW>—(1) General characteristics. These
are fresh or saline waters which com-
prise a special and unique resource to
the Reservation. Water quality of this
class will be varied and unique as de-
termined by the Regional Adminis-
trator in cooperation with the Tribes.
(it) Designated use*. The designated
uses include, but are not limited to.
the following:
(A) Wildlife habitat.
(B) Natural foodchaln maintenance.
(ill) Water quality criteria.
(A) Enterococoi bacteria densities
shall not exceed natural conditions.
(B) Dissolved oxygen—shall not show
any measurable decrease from natural
conditions.
(C) Total dissolved gas shall not vary
from natural conditions.
(D) Temperature—shall not show any
measurable change from natural condi-
tions.
(E) pH shall not show any measurable
change from natural conditions.
(F) Settleable solids shall not show
•any change from natural conditions.
: (O) Turbidity shall not exceed 6 NTU
'over natural conditions.
(H) Toxic, radioactive, or deleterious
material concentrations shall not ex-
ceed those found under natural condi-
tions.
(g) General Classifications. General
classifications applying to various sur-
face waterbodles not specifically classi-
fied under {131.35(h) are as follows:
(1) All surface waters that are tribu-
taries to Class I waters are classified
Class I. unless otherwise classified.
(2) Except for those specifically clas-
sified otherwise, all lakes with existing
average concentrations less than 2000
mg/L TD8 and their feeder streams on
the Colville Indian Reservation are
classified as Lake Class and Class I, re-
spectively. '
(3) All lakes on the llle Indian
. Reservation with existing average con-
: centrationa of TDS equal to or exceed-
ing 2000 mg/L -and their feeder streams
are classified as Lake Class and Class I
respectively unless specifically classi-
fied otherwise.
(4) All reservoirs with a mean deten-
tion time of greater than 16 days are
classified Lake Class.
(6) All reservoirs with a mean deten-
tion time of 15 days or less are classi-
fied the same'as the river section in
which they are located.
(6) All reservoirs established on pre-
existing lakes are classified as Lake
Class.
(7) All wetlands are assigned to the
Special Resource Water Class.
(8) All other waters not specifically
assigned to a classification of the res-
ervation are classified as Class H.
(h) Specific Classifications. Specific
classifications for surface waters of the
Colville Indian Reservation are as fol-
lows:
(1) Stream*:
Alice Creek
Anderton Creek .
Aimitrong Creek
Bamaby CrMk _.
Bear Creek
Beaver Dam Creek.
Bridge Cfttk
Bruit) CrMk
BudchwnCrMk
Cache CrMk
Canteen Creek
CapooM Creek.
Cotabt CrMk
Columbia River ton CNef Jo-
Mph D*m to W«l* Own.
Columbia Rlvar ton northern
Reservation boundary to
Grind Coulee Dem (Boo-
aevettlake).
Columbia River ton Grand
CoulM Dam to Cn»f Joseph
Dam.
Cook CrMk _..
Cooper CrMk
Comtlah CrMk
Cougar CrMk
Coyol* CrMk
OMrtwm CrMk
Ok* CrMk
Dry CrMk
Empire CrMk
Faye CrMk
Forty Mil* CrMk
Gibaon CrMk
Gold CrMk ~
Granite Craek -
Grizzly Creek
Haley CrMk
Hal Creek
Hal Creek. We« Font
CUiaUl
Oautll
Ctaulll
Claull
data III
Ctault
Cltull
CUM III
CUM 111
CUM III
CUM I
CUM III
CUM III
CUM I
CUM III
CUM III
CUM I
CUM II
CUM III
CUM III
CUM I
CUM HI
CUM I
CUM III
CUM I
CUM II
CUMll
CUM III
CUM III
Claull
CUM I
-------
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-------
Footnote
•. Criteria revised to reflect current agen-
cy qf» or RID. as contained in the Integrated
Risk Information System (IRIS). The fish
tlasue bloconcentratlon factor (BCF) from
the 1980 criteria documents was retained in
all cases. • •
b. The criteria refers to the Inorganic form
only. . ,
o. Criteria in the matrix based on carolno-
genlolty (!OT« risk). For a risk level of 10-».
move the decimal point in the matrix value
one place to the right. ' : •
d. Criteria Maximum Concentration (CMC)
• the highest concentration of a pollutant to
which aquatic life can be exposed for a short
period of time (l-hour>'average) without dele-
terious effects. Criteria- Continuous' Con-
centration (CCC) « the highest concentration
of a pollutant to which aquatic life can be
exposed for an extended period of time-(4
days) without deleterious effects. ug/L! =
mlorbgranis per liter ••'•••
e. Freshwater aquatic life criteria for these
metals are expressed as a function of total
hardness (mg/L as CaCO,). the pollutant's
water effect ratio (WER) as denned In
1131.36(0) and multiplied by an appropriate
dissolved conversion factor as defined in
tl31.36(b)(2). For comparative purposes, the
values displayed In this matrix are shown as
dissolved metal and correspond to a total
hardness of 100 mg/L and a water effect ratio
of 1.0.
f. Freshwater aquatlo life criteria for
pentaohlorophenoi are expressed as a func-
tion of pH. and are calculated as follows.
Values displayed above In the matrix cor-
respond to a pH of 7.8.
CMC - exp(1.00S(pH) - 4.830) CCC »
exp(1.006(pH) - (.380)
9. Aquatic life criteria for these com-
pounds were issued in 1980 utilizing the 1980
Guidelines tor criteria development. The
acute values shown are final acute values
(FAV) which by the 1980 Guidelines are In-
stantaneous values aa contrasted with a CMC
which is a one-hour average.
h. These totals simply sum the criteria in
each column. For aquatlo life, there are 30
priority toxic pollutants with some type of
freshwater or saltwater, acute or chronic cri-
teria. For human health, there are 91 prior-
ity toxic pollutants with either "water +
fish" or "fish only" criteria. Note that these
totals count chromium as one pollutant even
though EPA has developed criteria based on
two valence states. In the matrix. EPA has
assigned numbers 6a and 6b to the criteria
for chromium to reflect the fact that the list
of 128 priority toxlo pollutants Includes only
a single listing for chromium.
1. If the CCC for total mercury exceeds
0.013 ug/L more than once in a 3-year period
In the ambient water, the edible portion of
aquatlo species of concern must be analyzed
to determine whether the concentration of
methyl mercury exceeds the FDA action
level (1.0 mg/kg). If the FDA action level Is
exceeded, the State must notify the appro-
priate EPA Regional Administrator. Initiate
a, revision of its mercury criterion In ita
water quality standards so as to protect des-
ignated uses, and take other appropriate ac-
tion such as-Issuance of a fish consumption
advisory for the affected area.
J. No. criteria for protection of human
health from consumption of aquatlo orga-
nisms (excluding water) was presented In the
1980 criteria document or In the 1986 Quality
Criteria for Water. Nevertheless, sufficient
Information was presented in the-1980 docu-
ment to allow a calculation of a criterion,
even though the results of such ^calculation
were not shown in the document.
k. The criterion for asbestos is the MCL (56
FR 3526; January 30.1991). -•'.-•
I. [Reserved:, this letter not used as a foot-
note],
m. .Criteria for these metals are expressed
as a function-of the water effect ratio. WER,
as defined In 40 CFR 131.36(c).
CMC » column Bl or Cl value x WER
CCC * column B2 or C2 value x WER
n. EPA is not promulgating human health
criteria for this contaminant. However, per-
mit authorities should address this contami-
nant in NPDES permit actions using the
State's existing narrative criteria for toxics.
o. [Reserved: This letter not used as a foot-
note].
p. Criterion expressed as total recoverable.
General Notes:
1. This chart lists all of BPA's priority
toxlo pollutants whether or not criteria rec-
ommendations are available. Blank spaces
indicate the absence of criteria recommenda-
tions. Because of variations In chemical no-
menclature systems, this listing of toxlo pol-
lutants does not duplicate the listing in Ap-
pendix A of 40 CFR Part 423. EPA has added
the Chemical Abstracts Service (CAS) reg-
istry numbers, which provide a unique Iden-
tification for each chemical.
2. The following chemicals have organ-
oleptlo based criteria recommendations that
are not included on this chart (for reasons
which are discussed In the preamble): copper.
tine, chlorobenzene. 2-chlorophenol. 2.4-
dichlorophenol. aoenaphthene. 2,4-
dlmethylphenol, 3-methyl-4-chlorophenol,
hexachlorocyolopentadiene,
pentaohlorophenoi. phenol
3. For purposes of this rulemaklng, fresh-
water criteria and saltwater criteria apply aa
specified in 40 CFR 131.36(0).
Note to paragraph (b)(l): On April 14, 1995.
the Environmental Protection Agency Issued
a stay of certain criteria In paragraph (bXD
of this section as follows: the criteria In col-
umns B and C for arsenic, cadmium, chro-
mium (VI), copper, lead, nickel, silver, and
jc; the criteria In Bl and Cl for mercury;
the criteria In column B for chromium (ED);
and the criteria in column C for selenium.
The stay remains In effect until further no-
tice.
(2) Factors for Calculating: Hardness-
Dependent, Freshwater Metals Criteria
CMC=WER exp {mA[ln(hai
Acute Conversion Factor
CCOWER exp {mc[ln(hardnes8)J+hc} x
Chronic Conversion Factor
Final CMC and CCC values should be
rounded to two significant figures.
Metal
Cadmium
Chromium (III)
Coooer ,
Lead •'
Nickel .. , - -
Silver
Zinc
mA
1.128
0.8180
0.9422
1273
0.8480
1.72
0.8473
bA'
-3.828
3.688
-1.464
•1.460
3.3812
-«.52
•••' 0.8604
me
0.76S2
0.8190
0.8545
1.273
0.8460
»N/A
0.8473
be
-3.490
1.581
-1.465
-4.705
1.1645
•N/A
0.7614
Freshwater conversion
factors
Acute
• &M«
0.316
0.960
•0.781
0.898
0.85
0.878
Chronic-
,»«»
0.880
0.860
.0.791
0.997
" • tVA
0.986
Note to 1abl«: The term *eip* represents the bOM • eiponenVal function.
Footnotes to table: •
•The freshwster conversion factors (CF) for cadmium and lead are hardr
ness (see limitations In 5131.36(c)(4)) using the following equations:
Cadmium • '' . •• •
Acute: CF.1.136672-((ln hardrwss)(0.041838)l
Chronic CF.1.101672-«tn hardnesa)(0.041838)1
Lead (Acute and Chronic): CF . 1.46203—((in hardness)(0.1457l2)]
•No chronic criteria are •vallable for silver.
^pendent and can be calculated for any hard-
(c) Applicability. (1) The criteria in
paragraph (b) of this section apply to
the States' designated uses cited In
paragraph (d) of this section and super-
sede any criteria adopted by the State.
except when State regulations contain
criteria which are more stringent for a
particular use In which case the State's
criteria will continue to apply.
(2) The criteria established in this
section are subject to the State's gen-
eral rules of applicability in the same
way and to the same extent aa are the
other numeric toxics criteria when ap-
plied to the same use classifications in-
cluding mixing zones, and low flow val-
ues below which numeric standards can
be exceeded in flowing fresh waters.
(1) For all waters with mixing zone
regulations or Implementation proce-
dures, the criteria apply at the appro-.
prlate locations within or at the
boundary of the mixing zones; other-
wise the criteria apply throughout the
waterbody Including at the end of any
discharge pipe, canal or other dis-
charge point.
(11) A State shall not use a low flow
value below which numeric standards
can be exceeded that is less stringent
than the following for waters suitable
for the establishment of low flow re-
turn frequencies (I.e., streams and riv-
ers):
AQUATIC Lire
Acute criteria (CMC) 1 Q 10 or 1 B 3
Chronic criteria 7 Q 10 or 4 B 3
(CCC)
HUMAN HEALTH
30Q6
Harmonic mean flow
Non-carcinogens
Carcinogens
Where:
CMC—criteria maximum concentration—
the water quality criteria to protect against
acute effects in aquatlo life and is the high-
est Instream concentration of a priority
toxic pollutant consisting of a one-hour av-
erage not to be exceeded more than once
every three years on the average;
CCC—criteria continuous concentration—
the water quality criteria to protect against
chronic effects In aquatlo life Is the highest
Instream concentration of a priority toxic
pollutant consisting of a 4-day average not
to be exceeded more than once every three
years on the average;
1 Q 10 Is the lowest one day flow with an
average recurrence frequency of once In 10
years determined hydrologlcally;
1 B 3 is biologically based and Indicates an
allowable exceedence of once every 3 years.
It is determined by EPA's computerized
method (DFLOW model);
-------
7 Q 10 la the lowest Average 7 consecutive
day low now with an average recurrence fre-
quency of once In 10 yean determined
nydrologically;
1B 3 Is biologically baaed and Indicates an
allowable excellence for 4 consecutive days
once every 3 years. It Is determined by EPA's
computerised method (DPLOW model):
30 Q 5 Is the lowest average 30 consecutive
day low now with an average recurrence fre-
quency of once In 6 years determined
nydrologically; and the harmonic mean now
Is a long term mean now value calculated by
dividing the number of dally flows analyzed
by the sum of the reciprocals of those dally
flows.
(ill) If a State does not have such a
low flow value for numeric standards
compliance, then none shall apply and
the criteria Included in paragraph (d)
of this section herein apply at all
flows.
(3) The aquatlo life criteria In the
matrix In paragraph (b) of this section
apply as follows:
(i) For waters in which the salinity is
equal to or less than 1 part per thou-
sand 95% or more of the time, the ap-
plicable criteria are the freshwater cri-
teria In Column B;
(ii) For waters In which the salinity
is equal to or greater than 10 parts per
thousand 95% or more of the time, the
applicable criteria are the saltwater
criteria in Column C; and
(ill) For waters in which the salinity
is between 1 and 10 parts per thousand
as defined in paragraphs (o)(3) (i) and
(ii) of this section, the applicable cri-
teria are the more stringent of the
freshwater or saltwater criteria. How-
ever, the Regional Administrator may
approve the use of the alternative
freshwater or saltwater criteria if sci-
entifically defensible information and
data demonstrate that on a site-spe-
cific basis the biology of the waterbody
la dominated by freshwater aquatic life
and that freshwater criteria are more
appropriate; or conversely, the biology
of the waterbody Is dominated by salt-
water aquatlo life and that saltwater
criteria are more appropriate.
(4) Application of metal* criteria, (i)
For purposes of calculating freshwater
aquatlo life criteria for metals from
the equations in paragraph (b)(2) of
this section, the minimum hardness al-
lowed for use in those equations shall
not be less than 25 mg/1. as calcium
carbonate, even if the actual ambient
hardness is less than 25 mg/1 as calcium
carbonate. The maximum hardness
value for use in those equations shall
not exceed 400 mg/1 as calcium carbon-
ate, even if the actual ambient hard-
ness Is greater than 400 mg/1 as calcium
carbonate. The same provisions apply
for calculating the metals criteria for
the comparisons provided for in para-
graph (c)(3)(ill) of this section.
(it) The hardness values used shall be
consistent with the design discharge
conditions established in paragraph
(c)(2) of this section for flows and mix-
Ing zones.
(ill) Except where otherwise noted.
the criteria for metals (compounds 12.
14-* 11, and #13. In paragraph (b) of this
section) are expressed as dissolved
metal. For purposes of calculating
aquatlo life criteria for metals from
the equations in footnote m. in the cri-
teria matrix in paragraph (b)(l) of this
section and the equations In para-
graphs (b)(2) of this section, the water-
effect ratio Is computed as a specific
pollutant's acute or chronic toxicity
values measured in water from the site
covered by the standard, divided by the
respective acute or chronic toxicity
value in laboratory dilution water.
(d) Criteria for Specific Jurisdictions—
(1) Rhode Island. EPA Region 1. (1) All
waters assigned to the following use
classifications in the Water Quality
Regulations for Water Pollution Con-
trol adopted under Chapters 46-12. 42-
17.1. and 42-35 of the General Laws of
Rhode Island are subject to the criteria
in paragraph (dXD(il) of this section,
without exception:
&21 Freshwater 8.22 Saltwater:
Class A - Class 8A
Class B ~, Class SB
Class C Class 8C
(11) The following criteria from the
matrix In paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified in paragraph (d)(l)(i) of this
section:
Use classification Applicable criteria
Class A
Class B waters where These classifications
water supply use Is are assigned the
designated criteria In:
Column Dl—all
Use classification Applicable criteria
Class B waters where
water supply use Is
not designated:
Class C;
Class 8A;
Class SB;
Class SC Each of these classi-
fications is as-
signed the criteria
In:
Column D2—all
(ill) The human health criteria shall
be applied at the 1OJ risk level, consist-
ent with the State policy. To deter-
mine appropriate value for carcino-
gens, see footnote c in the criteria ma-
trix in paragraph (b)(l) of this section.
(2) Vermont. EPA Region 1. (1) All wa-
ters assigned to the following use clas-
sifications in the Vermont Water Qual-
ity Standards adopted under the au-
thority of the Vermont Water Pollu-
tion Control Act (10 V.8.A.. Chapter 47)
are subject to the criteria In paragraph
(d)(2)(li) of this section, without excep-
tion:
Class A
Class B
Class C
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified in paragraph (d)(2)(i) of this
section:
Use classification Applicable criteria
classifications in the New Jersey Ad-
ministrative Code (N.J.A.C.) 7:9-4.1 et
seq., Surface Water Quality Standards,
are subject to the criteria in paragraph
(d)(3)(li) of this section, without excep-
tion.
Class A
Class B waters where
water supply use Is
designated
Class B waters Where
water supply use Is
not designated
Class C
This classification is
assigned the cri-
teria In:
Column Bl—all
Column B2—all
Column Dl—all
These classifications
are assigned the
criteria In:
Column Bl—all
Column B2—all
Column D2—all
(111) The human health criteria shall
be applied at the State-proposed 10-»
risk level.
(3) New Jersey. EPA Region 2. (i) All
waters assigned to the following use
N.J.A.C. 7:9-4.12
risk level.
PL (Saline Water These classification*
Pinelands). 8E1. are each assigned the
8E2. SE3. SC criteria la:
Column Cl—all ex-
cept 1102.105.107.
108. 111. 112.113.
US 117. and 118.
-------
Use olasat jn Applicable criteria
Column C2—all es-
cept 0105.107.108.
111. 112.113.115.
117,118.119.120.
121,122.123.124.
and 125.
Column D2—all at &
10-« risk level ex-
cept 023, 30. 37, 38,
42. 68. 89. 91. 93.
104. 105: 023. 30. 37.
38. 42. 68. 89. 91.
93.104.105. at a
10-9 risk level.
These classifications
are each assigned the
criteria in:
Delaware River
goneo 1C. ID. IE,
3. 3, 4. 6 and
Delaware Bay ..
zone 8
Delaware River
zones 3,4. and 6,
and Delaware
Bay zone 6
Column Bl—all.
Column B2—all.
Column Dl—all at a
10-o riot level ex-
cept 023. 30. 37. 38.
42, 68. 89. Bl. 93.
104.105; 023. 30. 37.
38. 42.68. 88. 91.
93.104.105. at a
10-» risk level.
Column D2—all at a
IQ-o risk level ex-
cept 023. 30. 37. 38.
42. 68. 89. 91. 93.
104. 105: 023. 30. 37.
38. 42. 68. 89. 91.
93. 104.105. at a
10-»risk level.
These classifications
are each assigned the
criteria In:
Column 01—all.
Column C3—all.
Column D3—all at a
10~fi risk level ex-
cept 023, 30, 37. 38,
43.63. 89.91.93.
104.105; 023, 30. 37,
38. 42.68. 89.91.
83.104.105. at a
10-» rials level.
(iii) The human health criteria shell
b® implied afc fehe State-proposed 10~*
risk level for EPA rated Clem A, B,.
and Bj carcinogens; EPA rated Class 0
carcinogens shall bo applied at 10~s
risk level. To determine appropriate
vslu® foe csrotoogeos. see footnote o. in
-the •raatete la paragraph (bXD of this
sectSoa.
«5) Pwzrto Rico, EPA Region 2. (i) All
wafesxo ooflJgasd to this ffolloniajj use
classifications In the Puerto Rice
Water Quality Standards (promulgated
by Resolution Number Rr-83-6-2) are
subject to the criteria in paragraph
(d)(4)(ll) of this section, without excep-
tion.
Article 2.3.2—Class SB
Article 2.2.3—Class SC
Article 3.2.4—Class SD
(11) The following: criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified In paragraph (d)(4)(l) of this
section:
Use classification Applicable criteria
Class SD This Classification Is
assigned criteria in: •
Column Bl—all. ex-
cept: 10.102.105.
107. 108. 111. 112.
113,115.117. and
126.
Column B2—all. ex-
cept: 105.107.108.
112.113.115. and
117.
Column Dl—all. ex-
cept: 6. 14, 105.
112.113. and 115.
Column D2—all, ex-
cept: 14.105,112.
113. and 116.
Class SB, Class SC These Classifications
are assigned criteria
in:
Column Cl—all. ex-
cept: 4. 6b. 7. 8.10.
11.13.102.105.107.
108. 111. 112.113.
115,117, and 126.
Column C2— all. ex-
cept: 0, 6b. 10.13.
108.112.113.116,
and 117.
Column D2—all, ex-
cept: 14,106.112.
113. and 115.
(iii) The human health criteria shall
be applied at the State-proposed 10 -»
risk level. To determine appropriate
value for carcinogens, see footnote c, in
the criteria matrix in paragraph (b)(l)
of this section.
(5) District of Columbia. EPA Region
3.
(i) All waters assigned to the follow-
• Sag use classifications in chapter 11-
Title 21 DCMR. Water Quality Stand-
ards of the District of Columbia ore
subject to the criteria is paragraph
(d)(6)(ii) of this section, without excep-
tion:
1101.2 Class C waters
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classification
identified in paragraph (d)(5)(l) of this
section:
Use classification
Class C
Applicable criteria
This classification is
assigned the addi-
tional criteria In:
Column B2—010.
118. 126.
Column Dl—016.16.
44. 67. 68. 79. 80.
81. 88, 114,116,118.
Column D2—all.
(ill) The human health criteria shall
be applied at the State-adopted 10-*
risk level.
(6) Florida, EPA Region 4.
(1) All waters assigned to the follow-
ing use classifications in Chapter 17-301
of the Florida Administrative Code
(i.e.. Identified In Section 17-302.600)
are subject to the criteria in paragraph
(d)(8)(li) of this section, without excep-
tion:
class I
Class n
Class m
(ii) The following criteria from the
matrix paragraph (b)(l) of this section
apply to the use classifications identi-
fied In paragraph (d)(6)(l) of this sec-
tion:
Use classification Applicable criteria
Class I
Class n
Class IH (marine)
Class DI (freshwater)
This classification is
assigned the cri-
teria in:
Column Dl— 018
This classification Is
assigned the cri-
teria in:
Column D2— 016
This classification Is
assigned the cri-
teria In:
Column D2— 016
~ (iii)" The human health criteria
shall be applied at the State-adopted
if>* flak level.
(7) Michigan. SPA Region S.
(i) All waters assignee -he follow-
ing use classifications in une Michigan
Department of Natural Resources Com-
mission General Rules. R 323.1100 des-
ignated uses, as defined at R 323.1043.
Definitions; A to N, (i.e.. identified In
Section (g) "Designated use") are sub-
ject to the criteria in paragraph
(d)(7)(ll) of this section, without excep-
tion:
Agriculture
Navigation
Industrial Water Supply
Public Water Supply at the Point of Water
Intake
Warmwater Fish
Other Indigenous Aquatic Life and Wildlife
Partial Body Contact Recreation
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
identified in paragraph (d)(7)(l) of this
section:
Use classification Applicable criteria
Public Water sup- This classification is
ply assigned the criteria
In:
Column Bl—all.
Column B2— all.
Column Dl—all.
All other design a- These classifications
tlona are assigned the cri-
teria in:
Column Bl—all.
Column B2—all,
and
Column D2—all.
(Ill) The human health criteria shall
be applied at the State-adopted lf>* risk
level. To determine appropriate value
for carcinogens, see footnote o in the
criteria matrix in paragraph (b)(l) of
this section.
(8) Arkansas, EPA Region 6.
(i) All waters assigned to the follow-
ing use classification in section 4C
(Waterbody uses) Identified in Arkan-
sas Department of Pollution Control
and Ecology's Regulation No. 2 as
amended and entitled, "Regulation Es-
tablishing Water Quality Standards for
Surface Waters of the State of Arkan-
sas" are subject to the criteria In para-
graph (d)(8)(il) of this section, without
exception:
Extraordinary Resource Waters
Ecologically Sensitive Waterbody
Natural and Scenic Waterwayo
-------
Fisheries:
(1) Trout
(2) Lakes and Reservoirs
(3) Streams
(a) Ozark Highlands Ecoreglon
(b) Boston Mountains Ecoreglon
(o) Arkansas River Valley Ecoreglon
(d) Ouachlta Mountains Ecoreglon
(«) Typical Oulf Coastal Ecoreglon
(0 Spring Water-influenced Oulf Coastal
Ecoreglon
(C) Least-altered Delta Ecoreglon
(h) Channel-altered Delta Ecoreglon
Domestic Water Supply
(11) The following criteria from the
matrix In paragraph (b)(l) of this sec*
tlon apply to the use classification
Identified In paragraph (d)(8)(l) of this
section:
Use classification Applicable criteria
Extraordinary Re-
source Waters
Ecologically Sensitive
Waterbody
Natural and Scenic Wa-
terways
Fisheries:
(1) Trout
(2) Lakes and Res-
ervoirs
(3) Streams
(a) Ozark Highlands
Ecoreglon
(b) Boston Moun-
tains Ecoreglon
(o) Arkansas River
Valley Ecoreglon
(d) Ouachlta Moun-
tains Ecoreglon
(e) Typical Oulf
Coastal Ecoreglon
(0 Spring Water-In-
fluenced Oulf
Coastal Ecoregion
(g) Least-altered
Delta Ecoreglon
(h) Channel-altered These uses an
Delta Ecoreglon each assigned
the criteria In—
Column Bl—#4,
6a. 6b. 6.7. B.
9.10.11.13. 14
Column B2—#4.
6a. 6b, 6.7. 8.
B. 10.13.14
(9) Kansas. EPA Region 7.
(1) All waters assigned to the follow-
ing use classification In the Kansas De-
partment of Health and Environment
regulations, K.A.R. 28-16-280 through
K.A.R. 28-l&-28f. are subject to the crl-~
teria In paragraph (d)(9)(ll) of this sec-
tion, without exception.
Section 28-16-28d
Section (2)(A)—Special Aquatic Life Use
Waters
Section (2)(B>—Expected Aquatic Life Use
Waters
Section (2)(C>—Restricted Aquatic Life Use
Waters
Section (3)—Domestic Water Supply
Section (6)(o)—Consumptive Recreation
Use.
(11) The following criteria from the
matrix In paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified In paragraph (d)(9)(l) of this
section:
Use classification Applicable criteria
Sections (2)(A). These classifications
(2)(B). (2)(C), are each assigned all
(6)(C) criteria In:
Column Bl. all ex-
cept «9.11,13.102.
105. 107. 108. 111-
113.119.117. and
126:
Column B2. all ex-
cept »9.13.105.
107.108.111-113.
116.117. 119-125.
and 126; and
Column D2. all ex-
cept #9.112,113.
and US.
Section (3) This classification Is
assigned all criteria
In;
Column Dl. all ex-
cept «9.12.112.
113. and 116.
(ill) The human health criteria shall
be applied at the State-proposed 10-«
risk level.
(10) California. EPA Region 9.
(1) All waters assigned any aquatic
life or human health use classifications
in the Water Quality Control Plans for
the various Basins of the State ("Basin
Plans"), as amended, adopted by the
California State Water Resources Con-
trol Board ("SWRCB"). except for
ocean waters covered by the Water
Quality Control Plan for Ocean Waters
of California ("Ocean Plan") adopted
by the SWRCB with resolution Number
90-27 on March 22, 1990, are subject to
the criteria In paragraph (d)(lp)(ll) of
this section, without exception. These
criteria amend the portions of the ex-
isting State standards contained in the
Basin Plans. More particularly these
criteria amend water quality criteria
contained in the Basin Plan Chapters
specifying water quality objectives
(the State equivalent of federal water
quality criteria) for the toxic pollut-
ants identified In paragraph (d)(10)(ll)
of this section. Although the State has
adopted several use designations for
each of these waters, for purposes of
this action, the specific standards to be
Water and use classification
applied In paragraph (d)(10)(li) of this
section are based on the presence in all
waters of some aquatic life designation
and the presence or absence of the
MUN use designation (Municipal and
domestic supply). (See Basin Plans for
more detailed use definitions.)
(il) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the water and use classi-
fications defined In paragraph (d)(10)(l)
of this section and Identified below:
Waters of the State defined aa bays or estuaries except the
Sacramento-San Joaquln Delta and San Francisco Bay
Waters of the Sacramento—San Joaquln Delta and waters of
the State defined as Inland (I.e.. all surface waters of the
State not bays or estuaries or ocean) that Include a MUN
use designation
Applicable criteria
These waters are assigned the
criteria In:
Column Bl—pollutants 6a
and 14
Column B2— pollutants 6a
and 14
Column Cl—pollutant 14
Column ci—pollutant 14
Column D2—pollutants 1.
12, 17.18. 21. 22. 29. 30. 32,
33. 37. 38. 42-44, 46. 48. 49.
54. 59, 66. 67. 68. 78-«2. 85.
89, 90; 91, 93. 95. 96. 98
Waters of the State defined as Inland without an MUN use
designation
Waters of the San Joaquln River from the mouth of the
Merced River to Vernalls
These waters are assigned the
criteria In:
Column Bl—pollutants 6a
and 14
Column B2—pollutants 6a
and 14
Column Dl—pollutants 1.
12.16.17. 18. 21. 22. 29. 30.
32. 33. 37. 38. 42-48. 49. 69.
66. 67. 68. 78-82. 85. 89. 90.
91. 93. 95. 96. 98
These waters are assigned the
criteria In:
Column Bl—pollutants 6a
and 14
Column B2—pollutants 5a
and 14
Column D2— pollutants 1.
12. 17. 18. 21. 22. 29. 30. 32.
33. 37, 38, 42-44. 46. 48. 49.
64. 69. 66. 67. 68. 78-82. 85.
89. 90. 91 i 93. 95. 96. 98
-------
Water and use classification
Waters of Salt Slough. Mud Slough (north) and the San Joa-
quln River, Sack Dam to the mouth of the Merced River
All Inland waters of the United States that do not Include an
MUN use designation and that the State has either ex-
cluded or partially excluded from coverage under its Water
Quality Control Plan for Inland Surface Waters of Califor-
nia, Tables 1 and 2, or has deferred applicability of these
tables. (Category (a), (b). and (c) waters described on page 6
of Water Quality Control Plan for Inland Surface Waters of
California.)
Applicable criteria
In addition to the criteria as-
signed to these waters else-
where in this rule, these wa-
ters are assigned the cri-
teria In:
Column B3—pollutant 10
Waters of San Francisco Bay upstream to and including
Sulsun Bay and the Sacramento-San Joaquln Delta
In addition to the criteria as-
signed to these waters else-
where In this rule, these wa-
ters are assigned the cri-
teria In:
Column Bl—pollutant 10
Column B2—pollutant 10
All Inland waters of the United States or enclosed bays and
estuaries that are waters of the United States that Include
an MUN use designation and that the State has either ex-
cluded or partially excluded from coverage under Its Water
Quality Control Plan for Inland Surface Waters of Califor-
nia. Tables 1 and 2, or its Water Quality Control Plan for
Enclosed Bays and Estuaries of California. Tables 1 and 2.
or has deferred applicability of those tables. (Category (a),
(b). and (o) waters described on page 6 of Water Quality
Control Plan for Inland Surface Waters of California or
page 6 of Its Water Quality Control Plan for Enclosed Bays
and Estuaries of California.)
These waters are assigned the
criteria In:
Column Bl—pollutants Sa.
10* and 14
Column B2—pollutants 5a.
10* and 14
Column Cl—pollutant 14
Column C2—pollutant 14
Column D2—pollutants 1.
12. 17.18. 21.22.29.30. 32.
33, 37. 38. 42-44. 46, 48, 49.
54. 69. 66. 67, 68. 78-82. 85.
89. 90. 91. 93. 95.96. 98
These waters are assigned the
criteria for pollutants for
which the State does not
apply Table 1 or 2 stand-
ards. These criteria are:
Column Bl—all pollutants
Column Bl—all pollutants
Column Dl—all pollutants
except f2
These waters are assigned the
criteria for pollutants for
which the State does not
apply Table 1 or 2 stand-
ards. These criteria are:
Water and use classification Appllcr'
Column Bl—all pollutants
Column B2—all pollutants
Column D2— all pollutants
exceptn
All enclosed bays and estuaries that are waters of the United
States that do not Include an MUN designation and that
the State has either excluded or partially excluded from
coverage under Its Water Quality Control Plan for Inland
Surface Waters of California. Tables 1 and 2. or Its Water
Quality Control Plan for Enclosed Bays and Estuaries of
California. Tables 1 and 2. or has deferred applicability of
those tables. (Category (a), (b). and (c) waters described on
page 8 of Water Quality Control Plan for Inland Surface
Waters of California or page 6 of Its Water Quality Control
Plan for Enclosed Bays and Estuaries of California.)
These waters are assigned the
criteria for pollutants for
which the State does not
apply Table 1 or 2 stand-
ards. These criteria are:
Column Bl—all pollutants
Column B2—all pollutants
Column Cl—all pollutants
Column C2—all pollutants
Column D2—all pollutants
except n
*The fresh water selenium criteria are Included for the San Francisco Bay estuary because
high levels of bloaccumulatlon of selenium in the estuary indicate that the salt water cri-
teria are underprotectlve for San Francisco Bay.
(ill) The human health criteria shall
be applied at the State-adopted 10-*
risk level.
(11) Nevada. EPA Region 9. (i) All wa-
ters assigned the use classifications in
Chapter 445 of the Nevada Administra-
tive Code (NAC), Nevada Water Pollu-
tion Control Regulations, which are re-
ferred to In paragraph (d)UlXli) of tbJs
section, are subject to the criteria in
paragraph (d)(ll)(ii) of this section.
without exception. These criteria
amend the existing State standards
Water and use classification
Waters that the State has included In NAC
445.1339 where Municipal or domestic supply
Is a designated use
contained in the Nevada Water Pollu-
tion Control Regulations. More par-
ticularly, these criteria amend or sup-
plement the table of numeric standards
in NAC 44S.1339 for the toxic pollutants
Identified In paragraph (d)(ll)(ll) of
this section.
(ii) The following criteria from ma-
trix in paragraph (b)(l) of this section
apply to the waters defined in para-
graph (d)(ll)(l) of this section and iden-
tified below:
Applicable criteria
These waters are assigned the criteria in:
Column Bl—pollutant 1118
Column B2—pollutant *118
Column Dl—pollutant* 116. 16. 18. 19. 20.
21. 23. 26. 27. 29. 30. 34, 37. 38. 42. 43, 65,
58-62. 64. 66. 73. 74. 78. 82. 86. 87-49. 91.
92, 98. 98. 100. 103, 104. 105. 114. 116. 117.
118
Waters that the State has Included in NAC
446.1339 where Municipal or domestic supply
Is not a designated use
These waters are assigned the criteria in:
Column Bl—pollutant fll6
-------
Water and use classification
(111) The human health criteria shall
be applied at the 10-* risk level, con-
sistent with State policy. To determine
appropriate value for carcinogens, see
footnote o in the criteria matrix in
paragraph (b)(l) of this section.
(12) Alcuka. EPA Region 10.
(1) .All waters assigned to the follow-
ing use classifications in the Alaska
Administrative Code (AAC). Chapter 18
(i.e.. Identified in 18 AAC 70.020) are
subject to the criteria in paragraph
(d)(12)(ll) of this section, without ex-
ception:
70.02D.U) (A) Fresh Water
70.020.U) (A) Water Supply
(1) Drinking, culinary, and food processing,
(lit) Aquaoulture;
70.tt20.(l) (B) Water Recreation
(t) Contact recreation,
(11) Secondary recreation;
70.020.(1) (C) Growth and propagation of
flsii, shellfish, other aquatic life, and
wildlife
70.020.(2) (A) Marine Water
70.020.(2) (A) Water Supply
(1) Aquaoulture,
70.020.(2) (B) Water Recreation
(1) contact recreation,
(11) secondary recreation:
70.020.(2) (C) Growth and propagation of fish.
shellfish, other aquatlo Ufa. and wildlife;
70.020.(2) (D) Harvesting for consumption of
raw mollusks or other raw aquatlo life.
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified in paragraph (d)(12)(i) of this
section:
Use classification Applicable criteria
UXA) 1
UXA) 111
Column Bl—all
Column B2—110
Column Dl
1-82.18,18-21.23.28,27.
29. 30. 33. 37. 38. 42-44.
S3. 65.69-«2.64.66.68.
73.74. 78. 82. 86. 88.89.
91-03.96.98.102-106.
107-111.117-126
Column Bl—all
Column B2—110
Column D2 •'
Applicable criteria.
Column B2—pollutant 1118
Column D2—all pollutants except 13.
Use classification Applicable criteria
Is 2. 14.16.18-21. 22. 23.
26. 27. 29. 30. 32. 37. 38.
42-44. 46. 63. S4. 55, 69-
62. 64. 66. 68. 73. 74. 78.
82. 85. 88-93. 95. 96. 98.
102-105. 107-111.116-
126
(1)(B)1. (1)(B) 11. Column Bl-all
(IXC) Column B2—«10
Column D2
I's 2.14.18.18-21.22. 23.
26. 27. 29. 30, 32. 37. 38.
42-44. 46. 53. 64.55. 69-
62,64. 66, 68.73.74.78,
82, 86, 88-93. 95,96,98.
102-105.107-111.116-
128
(2XA) 1. (2)(B)1. and Column Cl—all
(2)(B)11. (2XO. Column C2—lib
(2)(D) Column D2
IS 2. 14. 16. 18-21. 22. 23.
26. 27. 29, 30. 32. 37. 38.
42-44. 46. 53. 54. 65. 59-
62, 64. 66. 68. 73. 74. 78.
82. 85. 88-93. 95.98.98.
102-105, 107-111. 115-
126
(ill) The human health criteria shall
be applied at the State-proposed risk
level of 10 -». To determine appropriate
value for carcinogens, see footnote o in
the criteria matrix In paragraph (b)(l)
of this section.
(13) Idaho. EPA Region 10.
(1) All waters assigned to the follow-
ing use classifications in the Idaho Ad-
ministrative Procedures Act (IDAPA).
Chapter 16 (i.e.. Identified In IDAPA
16.01.2100.02-19.01.2100,07) are subject to
the criteria in paragraph (d)(13)(ll) of
this section, without exception:
16.01.2100.01.D. Domestic Water Supplies
16.01.2100.02.a. Cold Water Biota
16.01.2I00.02.b. Warm Water Biota
16.01.2100.02co. Salmonld Spawning
18.01.2100.03.a. Primary Contact Recreation
16.01.2100.03.D Secondary Contact Recreation
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified in paragraph (d)(13)(l) of this
section:
Use classi-
fication
Ol.b
O2.a
O2.b
02cc
O3.a
O3.b
Applicable criteria
This classification Is assigned
the criteria In:
Column Dl—12
These classifications are as-
signed the criteria In:
Column Bl—all
Column B2—all
Column D2—12
This classification Is assigned
the criteria In:
Column D2—12
This classification Is assigned
the criteria In:
Column D2—12
(ill) The human health criteria shall
be applied at the 10~» risk level, con-
sistent with State policy.
(14) Washington. EPA Region 10.
(1) AH waters assigned to the follow-
ing use classifications In the Washing-
ton Administrative Code (WAC). Chap-
ter 173-201 (i.e., identified In WAC 173-
201-045) are subject to the criteria in
paragraph (d)(14)(ii) of this section.
without exception:
173-201-045
Fish and Shellfish
Fish
Water Supply (domestic)
Recreation
(11) The following criteria from the
matrix in paragraph (b)(l) of this sec-
tion apply to the use classifications
Identified in paragraph (d)(14)(l) of this
section:
Use classification Applicable criteria
Fish and Shellfish; These classifications
Fish are assigned the cri-
teria In:
Column C2—6.14
Column D2—all
Water Supply (do- These classifications
mestlc) are assigned the crt- .
terla In:
Column Dl—all
Recreation This classification Is
assigned the criteria
In:
Column D2—Marine
waters and
freshwater* not
protected for do-
mestic water sup-
ply
(ill) The human health criteria shall
be applied at the State proposed risk
level of 10-*.
[57 PR 60910. Dec. 22. 1992; 58 FR 31177. June
1. 1993, as amended at 68 FR 34499. June 25.
1993; 68 FR 36142. July 6. 1993: 60 FR 22229.
22235. May 4. 1995; 60 FR 44120. Aug. 24. 1995;
61 FR 60617. Nov. 29. 1996]
1131.37 California.
(a) Additional criteria. The following
criteria are applicable to waters sped- •
fled in the Water Quality Control Plan
for Salinity for the San Francisco Bay/
Sacramento-San Joaquin Delta Estu-
ary, adopted by the California State
Water Resources Control Board In
State Board Resolution No. 91-34 on
May 1.1991:
(1) Estuarine habitat criteria, (i) Gen-
eral rule. (A) Salinity (measured at the
surface) shall not exceed 2640
micromhos/centimeter specific con-
ductance at 25 *C (measured as a 14-day
moving average) at the Confluence of
the Sacramento and San Joaquin Riv-
ers throughout the period each year
from February 1 through June 30, and
shall not exceed 2640 micromhos/centi-
meter specific conductance at 25 *C
(measured as a 14-day moving average)
at the specific locations noted in Table
1 near Roe Island and Chlpps Island for
the number of days each month in the
February 1 to June 30 period computed
by reference to the following formula:
Number of days required in Month X =
Total number of days in Month X *
(l-l/U+e')
where K = A + (B*natural logarithm of
the previous month's 8-Rlver
Index);
A and B are determined by reference to
Table 1 for the Roe Island and
Chlpps Island locations;
x is the calendar month in the Feb-
ruary 1 to June 30 period;
and e is the base of the natural (or Na-
pierian) logarithm.
Where the number of days computed in
this equation in paragraph (a)(l)(l)(A)
of this section shall be rounded to the
nearest whole number of days. When
the previous month's 8-River Index is
less than 500,000 acre-feet, the number
of days required for the current month
shall be zero.
-------
TABLE 1.1
ANTS APPLICABLE TO EACH OF THE MONTHLY EQUATIONS TO DETERMINE MONTHLY
REQUIREMENTS DESCRIBED.
MonBiX
F«b _ .„....._
My itftf_ M m.,,,,,, I,_l,lli,,,,,,,,7,,,11__lil211,,,,,,,,,,,
Apr „ .. „
MM mm< ,„„„„„-„ — -,-T-T^t-.....T«......... W.w».»««»..-.
jun*
CNpptliland
A
_i
-106.16
-47.17
-94.93
-81.00
B
.1
»15.943
«6.441
»13.662
«9.961
Rot blind (H triggered)
A
-KM
-20.79
-28.73
-5422
-92.584
B
«2.088
.2.741
+3.783
+6.571
+10.699
'Co»md«nt« tor A and B «• net trotted tf CNppe litand tor February, because lit* 2640 mlcromhoa/cm ipedfc conduct-
anoe criteria mutt be maintained it CNppe Wand throughout February under «fl historical 8-Wver Index values lor January.
(B) The Roe Island criteria apply at
the salinity measuring station main-
tained by the U.S. Bureau of Reclama-
tion at Port Chicago (km 64). The
Chlpps Island criteria apply at the Mal-
lard Slough Monitoring Site, Station
D-10 (RKI RSAC-075) maintained by
the California Department of Water
Resources. The Confluence criteria
apply at the Collinavllle Continuous
Monitoring Station C-2 (RKI RSAC-
081) maintained by the California De-
partment of Water Resources.
(11) Exception. The criteria at Roe Is-
land shall be required for any given
month only if the 14-day moving aver-
age salinity at Roe Island falls below
2840 mlcromhos/centlmeter specific
conductance on any of the last 14 days
of the previous month.
(2) Fish migration criteria. (1) General
rule.
(A) Sacramento River. Measured Fish
Migration criteria values for the Sac-
ramento River shall be at least the fol-
lowing:
At temperatures less than below 61*F:
SRFMC s 1.35
At temperatures between 61*F and 72
•F: 8RFMO » 6.96-.092 * Fahrenheit
temperature
At temperatures greater than 72 *F:
SRFMC > 0.34
where SRFMC Is the Sacramento River
Fish Migration criteria value. Tem-
perature shall be the water tempera-
ture at release of tagged salmon smolts
Into the Sacramento River at Miller
Park.
- (B) San Joaquin River. Measured Fish
Migration criteria values on the San
Joaquin River shall be at least the fol-
lowing:
For years in which the SJVIndex is >
2.5: SJFMO = (-0.012) +
0.184*SJVIndex
In other years: 8JFMC = 0.205 +
0.0976*SJVIndex
where 8JFMC Is the San Joaquin River
.Fish Migration criteria value, and
SJVIndex is the San Joaquin Valley
Index in million acre feet (MAP)
(11) Computing fish migration criteria
values for Sacramento River. In order to
assess flab migration criteria values for
the Sacramento River, tagged fall-run
salmon smelts will be released into the
Sacramento River at Miller Park and
captured at Chlpps Island, or alter-
natively released at Miller Park and
Port Chicago and recovered from the
ocean fishery, using the methodology
described in this paragraph (a)(2)(il).
An alternative methodology for com-
puting fish migration criteria values
can be used so long as the revised
methodology Is calibrated with the
methodology described in this para-
graph (a)(2)(ll) so as to maintain the
validity of the relative index values.
Sufficient releases shall be made each
year to provide a statistically reliable
verification of compliance with the cri-
teria. These criteria will be considered
attained when the sum of the dif-
ferences between the measured experi-
mental value and the stated criteria
value (i.e., measured value minus stat-
ed value) for each experimental release
conducted over a three year period (the
current year and the previous two
years) shall be greater than or equal to
zero. Fish for release are to be tagged
at the hatchery with coded-wire tags,
and fin clipped. Approximately 60,000 to
100,000 fish of smolt size (size greater
than 76 mm) are released for each sur-
vival index estimate, depending on ex-
pected mortality. As a control for the
,cean recovery survival Index, one or
two groups per season are released at
Benecia or Pt. Chicago. From each up-
stream release of tagged fish, fish are
to be caught over a period of one to
two weeks at Chlpps Island. Daylight
sampling at Chipps Island with a 9.1 by
7.9 m. 3.2 mm cod end, midwater trawl
is begun 2 to 3 days after release. When
the first fish is caught, full-time trawl-
ing 7 days a week should begin. Each
day's trawling consists of ten 20
minute tows generally made against
the current, and distributed equally
across the channel.
(A) The Chipps Island smolt survival
index is calculated as:
SSI=R+MT(0.007692)
where Renumber of recaptures of
tagged fish
M=number of marked (tagged) fish re-
leased
T= proportion of time sampled vs total
time tagged fish were passing the
site (i.e. time between first and last
tagged fish recovery)
Where the value 0.007692 is the propor-
tion of the channel width fished by the
trawl, and is calculated as trawl width/
channel width.
(B) Recoveries of tagged fish from
the ocean salmon fishery two to four
years after release are also used to cal-
culate a survival index for each re-
lease. Smolt survival indices from
ocean recoveries are calculated as:
OSI=R,/M,+IWM,
where R(=number of tagged adults re-
covered from the upstream release
M,=number released upstream
Renumber of tagged adults recovered
from the Port Chicago release
Mj=number released at Port Chicago
(7) The number of tagged adults re-
covered from the ocean fishery is pro-
vided by the Pacific States Marine
Fisheries Commission, which main-
tains a port sampling program.
(2) [Reserved]
(111) Computing fish migration criteria
values for San Joaquin River. In order to
assess annual fish migration criteria
values for the San Joaquin River,
tagged salmon smolts wlll^ be released
into the San Joaquin RiveFat Mossdale -
and captured at Chlpps Island, or alter-
natively released at Mossdale and Port
Chicago and recovered from the ocean
fishery, using the mei logy de-
scribed in paragraph (a)0«Aitl). An al-
ternative methodology for computing
fish migration criteria values can be
used so long as the revised methodol-
ogy is calibrated with the methodology
described below so as to maintain the
validity of the relative index values.
Sufficient releases shall be made each
year to provide a statistically reliable
estimate of the SJFMC for the year.
These criteria will be considered at-
tained when the sum of the differences
between the measured experimental
value and the stated criteria value (i.e.,
measured value minus stated value) for
each experimental release conducted
over a three year period (the current
year and the previous two years) shall
be greater than or equal to zero.
(A) Fish for release are to be tagged
at the hatchery with coded-wire tags.
and fin clipped. Approximately 50,000 to
100,000 fish of smolt size (size greater
than 75 mm) are released for each sur-
vival Index estimate, depending on ex-
pected mortality. As a control for the
ocean recovery survival index, one or
two groups per season are released at
Benicla or Pt. Chicago. From each up-
stream release of tagged fish, fish are
to be caught over a period of one to
two weeks at Chipps Island. Daylight
sampling at Chipps Island with a 9.1 by
7.9 m, 3.2 mm cod end, midwater trawl
is begun 2 to 3 days after release. When
the first fish is caught, full-time trawl-
ing 7 days a week should begin. Each
day's trawling consists of ten 20
minute tows generally made against
the current, and distributed equally
across the channel.
(B) The Chlpps Island smolt survival
Index is calculated as:
SSI=R»MT(0.007692)
where Renumber of recaptures of
tagged fish
M=number of marked (tagged) fish re-
leased
T=proportlon of time sampled vs total
time tagged fish were passing the
site (i.e. time between first and last
tagged fish recovery)
Where the value 0.007692 is the propor-
tion of the channel width fished by the
trawl, and is catculated-as trawl.width/
channel width.
(C) Recoveries of tagged fish from the
ocean salmon fishery two to four years
-------
after release are also used to calculate
a survival Index for each release. Smolt
survival Indices from ocean recoveries
are calculated as:
OSI=Ri/Mi
where Renumber of tagged adults re-
covered from the upstream release
Mi=number released upstream
Renumber of tagged adults recovered
from the Port Chicago release
M2=number released at Port Chicago
(1) The number of tagged adults re-
covered from the ocean fishery is pro-
vided by the Pacific States Marine
Fisheries Commission, which main-
tains a port sampling program.
(2) [Reserved]
(3) Suitun marsh criteria, (1) Water
quality conditions sufficient to support
a natural gradient in species composi-
tion and wildlife habitat characteristic
of a brackish marsh throughout all ele-
vations of the tidal marshes bordering
Suisun Bay shall be maintained. Water
quality conditions shall be maintained
so that none of the following occurs:
Loss of diversity; conversion of brack-
ish marsh to salt marsh; for animals.
decreased population abundance of
those species vulnerable to increased
mortality and loss of habitat from in-
creased water salinity; or for plants,
significant reduction in stature or per-
cent cover from increased water or soil
salinity or other water quality param-
eters.
(it) [Reserved]
(b) Revised criteria. The following cri-
teria are applicable to state waters
specified in Table 1-1. at Section (C)(3)
("Striped Bass—Salinity : 3. Prisoners
Point—Spawning) of the Water Quality
Control Plan for Salinity for the San
Francisco Bay—Sacramento/San Joa-
quln Delta Estuary, adopted by the
California State Water Resources Con-
trol Board in State Board Resolution
No. 91-94 on May 1.1991:
Location
San Joa-
quin
RJverat
Jereey
Point,
San
Andrea*
lancing.
Pnionart
Point
BucUey
Cov«.
Rough
and
Ready la-
land.
Brandt
Bridge.
Moaadaj-
*. and
Vernal*.
San Joe-
quln
River at
Jeruy
Point.
San
Andrea*
Landng
andPfU-
oneit
Port.
San^-j.No.0-
D16YRSAN018.
C4JRSAN032.
D2WRSAN038.
PamSANOM.
VRSAN062.
CemSAN073.
CTmSANOBT.
CIQ/RSANI12
01Sm8AN018.
C4m3AN032.
02WRSANOM
Parameter
Spadlto ....
Conduct-
ance.
925*0 _
SpecMo
Conduol-
anoa.
Oaacnpllon
14-day run-
ning av-
erage ol
mean
daBylor
the pe-
riod not
more
than
value
ahown. In
nunhoe.
14-day run-
ning av-
erage ol
maan
dally lor
the pa-
rtod not
more
than
valua
ehown. In
mmhoa.
lnde*lvpe
Not Ape*.
cable.
NotArjpO-
catie.
San Joaquln
Valley lnd*»
>2AMAF
S2.6MAF
Date*
Aprtlto
May 31.
April 1lo
May 31.
V*Jue*
044 micro-
mho*.
0.44 micro-
mho*.
(2) 8-River Index. The flow determina-
tions are made and are published by
the California Department of Water
Resources in Bulletin 120. The 8-Rlver
Index shall be computed as the sum of
flows at the following stations:
(i) Sacramento River at Band Bridge,
near Red Bluff;
(11) Feather River, total Inflow to
Oroville Reservoir;
(ill) Yuba River at Smartvllle;
(Iv) American River, total Inflow to
Folsom Reservoir;
(v) Stanislaus River, total Inflow to
New Melones Reservoir;
(vi) Tuolumne River, total inflow to
Don Pedro Reservoir;
(vli) Merced River, total inflow to
Exchequer Reservoir; and
(vili) San Joaquln River, total Inflow
to Millerton Lake.
(3) San Joaquln Valley Index. (1) The
San Joaquln Valley Index Is computed
according to the following formula:
Isj=0.6X+0.2Y and 0.2Z
where Isj=8an Joaquin Valley Index
X=Current year's April-July San Joa-
quin Valley unimpaired runoff
Y=Current year's October-March San
Joaquin Valley unimpaired runoff
Z-Prevlous year's index In MAP, not to
exceed 0.9 MAF
(11) Measuring San Joaquin Valley
unimpaired runoff. San Joaquin Valley
unimpaired runoff for the current
water year is a forecast of the sum of
the following locations: Stanislaus
River, total flow to New Melones Res-
ervoir; Tuolumne River, total inflow to
Don Pedro Reservoir; Merced River,
total flow to Exchequer Reservoir; San
Joaquln River, total inflow to
Millerton Lake.
(4) Salinity. Salinity is the total con-
centration of dissolved ions In water. It
shall be measured by specific conduct-
ance in accordance with the procedures
set forth in 40 CFR 138.3. Table IB. Pa-
rameter 64.
[60 FR 4707. Jan. 24.1995}
(o) Definition!. Terms used in para-
graphs (a) and (b) of this section, shall
be defined as follows:
(1) Water year. A water year is the
twelve calendar months beginning Oc-
tober 1.
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Only "Appendix M" of the Water
Quality Standards Handbook is
currently included in this section
of the Reference Manual.
A copy of the handbook and all
its other appendices will be
mailed to you.
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