United States
        Environmental Protection
        Agency
Office of Water
4305
EPA 823-B-99-002
  March 1999
cvEPA
                WATER QUALITY
                  STANDARDS
                  ACADEMY
                Basic Course
              REFERENCE
                MANUAL
                1999 Edition

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              BASIC COURSE REFERENCE MANUAL
                                CONTENTS
Reference
Number

 1.

 2.
 3.
 4.
Title
Clean Water Act Public Law 92-500, as amended. 33 U.S.C. 1251 et seq.

Water Quality Standards Regulation and Subsequent Amendments. Part 131.
Extracted from the Code of Federal Regulation through December 9,1996. U.S.
Government Printing Office. 1995.

Introduction to Water Quality Standards. U.S. Environmental Protection
Agency, Office of Water. September 1994. EPA 823-B-95-004.

Water Quality Standards Handbook - Second Edition. U.S. Environmental
Protection Agency, Office of Water. August 1994.  EPA-823-B-94-005a.

Appendix A:   Water Quality Standards Regulation. 40 CFR 131; 48 Federal
              Register 51405, November 8,1983. Revised through July 1,
              1991; amended at 56 FR 64893, December 12,1991.  57 FR
              60910, December 22,1992.

Appendix B:   Chronological Summary of Federal Water Quality Standards
              Promulgation Actions. U.S. Environmental Protection Agency,
              Office of Science and Technology.  January 1993.

Appendix C:   Biological Criteria: National Program Guidance for Surface
              Waters.  U.S. Environmental Protection Agency, Office of
              Water. April 1990. EPA 440/5-90-004.

Appendix D:   Water Quality Standards for Wetlands:  National Guidance.
              July 1990. EPA 440/S-90-011.

Appendix E:   An Approach for Evaluating Numeric Water Quality for
              Wetlands Protection. July 1991.

Appendix F:   Coordination between the Environmental Protection Agency,
              Fish and Wildlife Service and National Marine Fisheries Service
              Regarding Development of Water Quality Criteria and Water
              Quality Standards Under the Clean Water Act July 1992.
                                      in

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Appendix G:   Questions and Answers on: Antidegradation. U.S.
               Environmental Protection Agency, Office of Water. August
               1985.
Appendix H:

Appendix I:

Appendix J:
Derivation of the 1985 Aquatic Life Criteria.

List of EPA Water Quality Criteria Documents.

Attachments to Office of Water Policy and Technical Guidance
on Interpretation and Implementation of Aquatic Life Metals
Criteria. October 1993.
Appendix K:   Procedures for the Initiation of Narrative Biological Criteria.
               U.S. Environmental Protection Agency.  Office of Water.
               October 1992. EPA-822-B-92-002.

Appendix L:   Interim Guidance on Determination and Use of Water Effect
               Ratios for Metals.  Office of Science and Technology. February
               1994. EPA-823-B-94-001.

Appendix M:   Interim Economic Guidance for Water Quality Standards—
               Workbook. Office of Water. March 1995. EPA-823-B-95-002.
Appendix N:



Appendix P:

Appendix Q:



Appendix R:



Appendix T:

Appendix U:
IRIS (Integrated Risk Information System) Background Paper.
U.S. Environmental Protection Agency, Office of Research and
Development February 1993.

List of 126 Section 307(a) Priority Toxic Pollutants.

Wetlands and 401 Certification:  Opportunities and Guidelines
for States and Eligible Indian Tribes. U.S. Environmental
Protection Agency, Office of Water.  April 1989.

Policy on the Use of Biological Assessments and Criteria in the
Water Quality Program.  U.S. Environmental Protection
Agency, Office of Water.  May 1991.

Use Attainability Analysis Case Studies.

List of EPA Regional Water Quality Standards of Coordinators.
                              IV

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         Appendix V:    Water Quality Standards Program Document Request Forms.

         Appendix W:   Update Request for Water Quality Standards Handbook
                        - Second Edition.

5.        U.S. EPA, Environmental Appeals Board. NPDES Appeal 88-5. In the Matter
         ofStar-Kist Caribe, Inc.  Decided May 26,1992.

6.        Combined Sewer Overflow (CSO) Control Policy; Notice. Federal Register vol.
         59, No. 75. April 19,1994

7.        October 1993 Memo from Martha Prothro, Acting Assistant Administrator for
         Water, to Regional Water Management Division Directors, re: Office of Water
         Policy and Technical Guidance on Interpretation and Implementation of
         Aquatic Life Metals Criteria.

8.        Reference Guide to Water Quality Standards for Indian Tribes.
         U.S. Environmental Protection Agency, Office of Water. January 1990. EPA
         440/5-90-002.

9.        Terms of Environment: Glossary, Abbreviations, and Acronyms. U.S.
         Environmental Protection Agency, Office of Communications, Education, and
         Public Affairs.  December 1997.

10.      Bibliography of Water Quality Standards and Criteria Documents and Video
         Order Form.

11.      Directory of State and Tribal Agencies Responsible for Water Quality, April
         1997. This directory is updated annually.

12.      Guidelines for Ecological Risk Assessment. April 1998. EPA-630/R-95/002F.

12A.     Proposed Guidelines for Ecological Risk Assessment; Notice. 63 Federal
         Register, May 14,1998.
                                                                               i
13.      Guidelines for Deriving Numerical Aquatic Site-specific Water Quality Criteria
         by Modifying National Criteria. EPA Environmental Research Laboratory,
         Duluth, Minnesota. October 1984. EPA-600/3-84-099.

14.      . Derivation of Site-specific Water Quality Criteria for Cadmium and the St,
         Louis River Basin, Duluth, Minnesota.  R.S. Spehar and A.R. Carlson, in:
         Environmental Toxicology and Chemistry, vol. 3. pp. 651-665. 1984.

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15.       U.S. Fish and Wildlife Service Report to Congress. Recovery Program:
         Endangered and Threatened Species. 1994.

16.       Briefing Report to the EPA Science Advisory Board on the Equilibrium
         Partitioning Approach to Predicting Metal Bioavailability in Sediment and the
         Derivation of Sediment Quality Criteria for Metals. EPA Office of Water and
         Office of Research and Development. December 1994. EPA-822-D-94-002.

17.       Memo to Carol Browner from the Science Advisory Board: In regard to SAB
         Review of Agency's Approach for Development of Sediment Criteria for 5
         Metals (cadmium, copper, lead, nickel, and zinc). September 29,1995.
         EPA/SAB/EPEC-95-002.

18.       Memo from Carol Browner to the Science Advisory Board: In regard to SAB
         Review of Agency's Approach for Development of Sediment Criteria for 5
         Metals (cadmium, copper, lead, nickel, and zinc). February 2,1996.
         EPA/SAB/EPEC-95-002.
                                       VI

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      FEDERAL WATER POLLUTION CONTROL ACT

                    (33 U.S.C. 1261 et seq.)

AN ACT To provide for water pollution control actMUea In the Public Health 8err-
  iee of the Federal Security Agency and In the Federal Work* Agency, and for
  other purpoeee.
    Be it enacted by the Senate and House of Representatives of the
United State* of America in Congress assembled,

      TITLE I—RESEARCH AND RELATED PROGRAMS

              DECLARATION OF GOALS AND POLICY

    SEC. 101. (a) The objective of this Act is to restore and main-
tain the chemical, physical, and biological integrity of the Nation's
waters. In order  to achieve this objective it is hereby declared that,
consistent with the provisions of this Act—
        (1) it is  the national  goal that the discharge of pollutants
    into the navigable waters  be eliminated by 1986;
        (2) it is  the national goal that wherever attainable, an in-
    terim goal of water quality which provides for the protection
    and propagation of fish, shellfish, and wildlife and provides for
    recreation in and on the water be achieved by July 1,1983;
        (3) it is  the national policy that the discharge of toxic  pol-
    lutants in toxic amounts be prohibited;
        (4) it is  the national policy that Federal financial assist-
    ance be provided to construct publicly owned waste treatment
    works;
        (6) it is  the national policy that areawide treatment man-
    agement planning processes be developed and implemented to
    assure adequate control of sources of pollutants in each State;
        (6) it is the national policy that a major research and dem-
    onstration effort be made to  develop technology necessary to
    eliminate the' discharge of pollutants into the navigable waters,
    waters of the contiguous zone and the oceans; and
        (7) it is  the national  policy that programs for the control
    of nonpoint sources of pollution be developed and implemented
    in an expeditious manner so as to enable the goals of this Act
    to be met through the control of both  point and  nonpoint
    sources' of pollution.
    (b) It is the  policy of the  Congress to recognize, preserve,  and
protect the primary responsibilities and rights of States to prevent,
reduce, and eliminate pollution, to plan the development and  use
(including restoration, preservation, and enhancement) of land  and
water resources,  and to consult with the Administrator in the exer-
cise of his authority under this Act It is the policy of Congress that
the States manage the construction grant program under this  Act
and implement the permit programs under sections 402 and 404 of
    I
                                                                         Sec. 102
                FEDERAL WATER POLLUTION COHTROL ACT
 this Act. It is further the policy of the Congress to support and aid
 research relating to the prevention, reduction,  and elimination of
 pollution,' and to provide  Federal technical services and financial
 aid to State  and interstate agencies and municipalities in connec-
 tion with the prevention, reduction, and elimination of pollution.
    (c) It is further the policy of Congress that the President, act-
 ing through  the Secretary of State and such national and inter-
 national organizations  as he determines appropriate, shall take
 such action as may be necessary to insure that to the fullest extent
 possible  all foreign countries shall take meaningful action for the
 prevention, reduction, and elimination of pollution in their waters
 and in international waters and for the achievement of goals re-
 garding the elimination of discharge of pollutants and the improve-
 ment of water quality to  at least the same extent as the United
 States does under its laws.
    (d) Except as otherwise expressly  provided in this Act, the Ad-
 ministrator of the Environmental Protection Agency (hereinafter in
 this Act called "Administrator'') shall administer this Act.
    (e) Public participation in the development, revision, and en-
 forcement of any regulation, standard, effluent limitation, plan, or
 program established by the Administrator or any State under this
 Act shall be provided for, encouraged, and assisted by the Adminis-
 trator and the States. The Administrator, in cooperation with the
 States, shall  develop and  publish regulations specifying minimum
 guidelines for public participation in such processes.
    (f) It is the  national policy that to  the maximum extent pos-
 sible  the procedures utilized for implementing this Act  shall en-
 courage the drastic minimization of paperwork and interagency de-
 cision  procedures, and  the best use  of available manpower and
 funds, so  as to prevent  needless  duplication and unnecessary
 delays at all levels of government.
    (g) It is the policy of Congress that the authority of each State
 to allocate  quantities of water within its jurisdiction shall not be
 superseded, abrogated or otherwise impaired by this Act. It is the
 further policy of Congress that nothing in  this Act shall be con-
 strued to supersede or abrogate rights to quantities of water which
 have been established by any State. Federal agencies shall co-oper-
 ate with State and local agencies to develop comprehensive solu-
 tions to  prevent, reduce and eliminate  pollution in concert with
 programs for  managing water resources.
 (33U.S.C. 1251)

    COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL

    SEC. 102. (a) The Administrator shall, after careful investiga-
 tion, and in cooperation with other Federal agencies, State water
 pollution control agencies,  interstate agencies, and the municipali-
 ties and industries involved, prepare or develop comprehensive pro-
 grams for preventing, reducing, or eliminating the pollution of the
 navigable waters and ground waters and improving the  sanitary
 condition of surface and underground  waters. In the development
of such comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters for the
protection and propagation of fish and aquatic life and wildlife, rec-

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               FEDERAL WATER POLLUTION CONTROL ACT
Sec. 102
                                                                       Sec. 103
FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                                   6
reational purposes, and the withdrawal of such waters for public
water supply, agricultural, industrial, and other purposes. For the
purpose of this section, the Administrator is authorized to make
joint investigations with any such agencies of the condition of any
waters in any State or States, and of the discharges of any sewage,
industrial wastes, or substance which  may  adversely affect such
waters.
    (bXl)  In the survey or planning of any reservoir by the Corps
of Engineers, Bureau of Reclamation, or other Federal agency, con-
sideration shall be given  to inclusion of storage for regulation of
streamflow, except that any such storage and water releases shall
not be provided as a substitute for adequate treatment or  other
methods of controlling waste at the source.
    (2) The need for and the value of storage for regulation of
streamflow (other than for water quality) including but not limited
to navigation, salt water intrusion, recreation, esthetics, and fish
and wildlife, shall be determined by the Corps of Engineers, Bu-
reau of Reclamation, or other Federal agencies.
    (3) The need for, the value of, and the  impact of, storage for
water quality control shall be  determined by the Administrator,
and his views on these matters shall be set forth in any report or
presentation to Congress  proposing authorization or construction of
any reservoir including such storage.
     (4) The value of such storage shall be taken into account in de-
 termining the economic value of the entire project of which it is  a
 part, and costs shall be  allocated  to the purpose  of regulation of
 streamflow in a manner which will insure that all project purposes,
 share equitable in the benefits of multiple-purpose construction.
     (5) Costs  of regulation of streamflow features incorporated in
 any Federal reservoir or other impoundment  under the provisions
 of this Act shall be determined and the beneficiaries identified and
 if tiie benefits are widespread or national in  scope, the costs of such
 features shall be nonreimbursable.
     (6) No license granted by the Federal Power Commission for a
 hydroelectric  power project shall include storage for regulation  of
 streamflow for the purpose of water quality control unless the Ad-
 ministrator shall recommend its inclusion and such reservoir stor-
 age capacity shall not exceed such proportion of the total storage
 required for the water quality control plan as the drainage area of
 such  reservoir bears to the drainage area of the river basin or ba-
 sins involved in such water quality control plan.
     (cXD The Administrator shall, at the request of the Governor
 of a  State, or a  majority of the Governors when more than one
 State is  involved make a grant to  pay not to exceed 50 per centum
 of the administrative expenses of a planning agency for a period
  not to exceed three years, which period shall begin after the date
  of enactment of the Federal Water Pollution Control Act Amend-
  ments of 1972, if such agency provides for adequate representation
 of appropriate State, interstate, local, or (when appropriate) inter-
 national interesta-in the basin or portion thereof involved and is ca-
        of developing an effective, comprehensive water quality con-
          for a basin or portion thereof.
                      (2) Each planning agency receiving a grant under this sub-
                  section shall develop a comprehensive pollution control plan for the
                  basin or portion thereof which—
                          (A) is consistent with any applicable water Quality stand-
                      ards, effluent and other limitations, and thermal discharge reg-
                      ulations established pursuant to current law within the basin;
                          (B) recommends such treatment works as will provide the
                      most effective  and economical  means of collection,  storage,
                      treatment,  and elimination  of pollutants  and recommends
                      means to encourage both municipal and industrial use of such
                      works;
                          (C) recommends maintenance and improvement  of water
                      quality within  the basin  or portion  thereof and recommends
                      methods of adequately financing those facilities as may be nec-
                      essary to implement the plan; and
                          (D) as appropriate, is developed in cooperation with, and
                      is consistent with any comprehensive plan prepared by the
                      Water Resources  Council, any  areawide waste management
                      plans developed pursuant to section  208 of this Act, and any
                      State plan developed pursuant to section 303(e) of this Act.
                      (3) For the  purposes of this subsection the term  "basin"  in-
                  cludes, but is not limited to, rivers and their tributaries, streams,
                  coastal waters, sounds, estuaries, bays, lakes, and portions thereof,
                  as well as the lands drained thereby.
                      (d) [Repealed  by  section  202l(a) of Public  Law 104-66 (109
                  Stat. 726).]
                  (33 U.S.C. 1252)
                            INTERSTATE COOPERATION AND UNIFORM LAWS

                      SEC. 103. (a) The Administrator shall encourage  cooperative
                  activities by  the States for the prevention, reduction, and elimi-
                  nation of pollution, encourage the enactment of improved and,  so
                  far as practicable,  uniform State laws relating to the  prevention,
                  reduction, and elimination of pollution; and encourage compacts be-
                  tween States for the prevention and control of pollution.
                      (b) The consent of the Congress is hereby given to two or more
                  States to negotiate and enter into agreements or compacts, not in
                  conflict with any law or treaty of the United States, for (I) coopera-
                  tive effort and mutual assistance for the prevention and control of
                  pollution and the  enforcement of their respective laws  rebating
                  thereto, and (2) the establishment of such agencies, joint or other-
                  wise, as they may  deem desirable  for making effective such agree-
                  ments and compacts. No such agreement or compact shall be bind-
                  ing or obligatory upon any State a party thereto unless and until
                  it has been approved by the Congress.
                  (33 U.S.C. 1263)
                       RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
                      SEC. 104. (a) The Administrator shall establish national pro-
                  grams for the prevention, reduction, and elimination of pollution
                  and as part of such programs shall—
                          (1)  in  cooperation with other Federal,  State, and local
                      agencies, conduct and promote the coordination and £ccelera-
                                   id Mceli

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               FEDERAL WATER POLLUTION CONTROL ACT
Sec. 104
    tion of, research, investigations, experiments, training, dem-
    onstrations, surveys, and studies relating to the causes, effects,
    extent, prevention, reduction, and elimination of pollution;
        (2) encourage, cooperate with,  and render technical serv-
    ices to pollution control  agencies and other appropriate public
    or private agencies, institutions, and organizations, and indi-
    viduals, including the general public, in the conduct of activi-
    ties referred to in paragraph (1) of this subsection;
        (3) conduct, in cooperation with State water pollution con-
    trol agencies and other interested agencies, organizations and
    persons, public investigations concerning  the  pollution of any
    navigable waters, and report on the results of such investiga-
    tions;
        (4) establish advisory committees composed of recognized
    experts in various aspects of pollution  ana representatives of
    the public to  assist in the  examination and evaluation of re-
    search progress and proposals and to avoid duplication of re-
    search;
        (5) in cooperation with  the States, and their political sub-
    divisions, ana other Federal agencies establish,  equip, and
    maintain a water quality surveillance system for the purpose
    of monitoring the quality of the navigable waters and ground
    waters and the contiguous zone and the oceans and the Admin-
    istrator shall, to the extent practicable, conduct such surveil-
    lance by utilizing the resources of the National Aeronautics
    and Space Administration,  the National Oceanic and Atmos-
    pheric Administration, the  Geological Survey, and the Coast
    Guard, and shall report  on such quality in the report required
    under subsection (a) of section 516; and
        (6) initiate and  promote the coordination  and acceleration
    of research designed to  develop the most effective  practicable
    tools and techniques for measuring  the  social ana economic
    costs and benefits of activities which are subject to regulations
    under this Act; and shall transmit a report on the results of
    such research to the Congress not later than January 1, 1974.
    (b) In carrying out the provisions of subsection (a) of this sec-
tion the Administrator is authorized to—
        (1) collect and make available, through publications and
    other appropriate means, the results of and other information,
    including appropriate recommendations by him in  connection
    therewith, pertaining to  such research and other activities re-
    ferred to in paragraph (1) of subsection (a);
        (2) cooperate with other Federal departments  and agen-
    cies, State water pollution control agencies, interstate agencies,
    other public and private agencies, institutions, organizations,
    industries  involved, and individuals, in the  preparation and
    conduct of such research and other activities referred to in
    paragraph (1) of subsection (a);
        (3) make  grants to State water pollution control agencies,
    interstate agencies, other public or nonprofit private agencies.
    institutions, organizations, and individuals, for purposes stated
    in paragraph (1) of subsection (a) of this section;
        (4) contract  with public or private agencies, institutions,
    organizations, and individuals, without regard to sections 3648
                                                                        Sec. 104
                                FEDERAL WATER POLLUTION CONTROL ACT
                     and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 6),
                     referred to in paragraph (1) of subsection (a);
                         (5) establish and maintain research  fellowships at public
                     or nonprofit private educational institutions or research organi-
                     zations;
                         (6) collect and disseminate, in cooperation with other Fed-
                     eral departments and agencies, and with other public or pri-
                     vate agencies, institutions, and organizations having related
                     responsibilities, basic data on chemical, physical, and biological
                     effects of varying water quality and other information  pertain-
                     ing to pollution and the prevention, reduction, and elimination
                     thereof; and
                         (7) develop effective and practical processes, methods, and
                     prototype devices  for  the  prevention, reduction,  and elimi-
                     nation of pollution.
                     (c) In carrying out the provisions of subsection (a) of this sec-
                 tion the Administrator shall conduct research on, and survey the
                 results of other scientific studies on, the harmful effects on the
                 health or welfare of persons caused by pollutants. In order to avoid
                 duplication of effort, the Administrator shall, to the extent prac-
                 ticable, conduct such research in cooperation with and through the
                 facilities of the Secretary of Health, Education, and Welfare.
                     (d) In carrying out the provisions of this  section the Adminis-
                 trator shall develop and demonstrate under varied conditions (in-
                 cluding conducting such basic and  applied research, studies, and
                 experiments as may be necessary):
                        (1) Practicable means of treating municipal sewage, and
                     other waterborne wastes to implement the requirements of sec-
                     tion 201 of this Act;
                        (2) Improved methods and procedures to identify  and
                     measure  the effects of pollutants,  including those pollutants
                     created by new technological developments; and
                        (3) Methods and procedures for evaluating the effects on
                     water quality of augmented streamflows to control pollution
                     not susceptible to  other means of prevention, reduction,  or
                     elimination.
                     (e) The Administrator shall establish, equip, and maintain  field
                 laboratory and research facilities, including, but not limited to, one
                 to be located in the northeastern area of the United States, one in
                 the Middle Atlantic area, one in the southeastern area, one in the
                 midwestern area, one in the southwestern area, one in the Pacific
                 Northwest, and one in  the State of Alaska, for the conduct of re-
                 search, investigations, experiments, field demonstrations and stud-
                 ies, and training relating to the prevention, reduction and elimi-
                 nation of pollution. Insofar as practicable, each such facility shall
                 be  located near institutions of higher learning in which graduate
                 training in such research might be carried out. In conjunction with
                 the development of criteria under section 403 of this Act, the Ad-
                 ministrator shall construct the facilities authorized for the National
                 Marine Water Quality Laboratory established under this   sub-
                 section,
                     (0 The Administrator shall conduct research and technical de-
                 velopment work, and make studies, with respect to the quality of
                 the waters of the Great Lakes, including an analysis of the present

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9
               FEDERAL WATER POLLUTION CONTROL ACT
SBC. 104
 and projected future water quality of the Great Lakes under vary-
 ing conditions of waste treatment and disposal, an evaluation of
 the water quality needs of those to be served by such waters, an
 evaluation of municipal, industrial, and vessel waste treatment and
 disposal practices with respect to such waters, and a study of alter-
 nate means  of solving pollution problems (including  additional
 waste treatment measures) with respect to such waters.
    (gXl) For the purpose of providing an adequate  supply of
 trained personnel to operate and maintain existing and future
 treatment works and related activities, and for the purpose of en-
 hancing substantially the proficiency of those engaged in such ac-
 tivities, the Administrator shall finance pilot programs, in coopera-
 tion with State and interstate agencies, municipalities, educational
 institutions, and other organizations and individuals, of manpower
 development and training and retraining of persons in, on entering
 into,  the field of  operation  and maintenance of treatment works
 and related activities. Such program and any funds expended for
 such  a  program shall supplement, not supplant, other manpower
 and trainingprograms ana funds available for the purposes of this
 paragraph. The Administrator is authorized, under such terms and
 conditions as he deems appropriate, to enter into agreements with
 one or more States, acting Jointly or severally, or with other public
 or private agencies or institutions for the development and imple-
 mentation of such a program.
    (2)  The Administrator is authorized to  enter into agreements
 with public and private agencies and institutions, and individuals
 to develop and maintain an effective system for forecasting the sup-
 ply of, and demand for,  various professional and other occupational
 categories needed  for the prevention, reduction, and elimination of
 pollution in each region, State, or area of the United States and,
 from time to time, to publish the results of such forecasts.
    (3)  In furtherance  of the purposes of this Act,  the Adminis-
 trator is authorized to—
        (A) make  grants to public or private agencies and institu-
    tions and to individuals for training projects, and provide for
    the conduct of training by contract with public or private agen-
    cies and  institutions and with individuals without regard to
    sections 3648 and 3709 of the Revised Statutes;
        (B) establish and maintain research fellowships in the En-
    vironmental Protection Agency with such stipends and allow-
    ances, including traveling and subsistence expenses, as he may
    deem necessary to procure the assistance of the most promis-
    ing  research fellows; and
        (C) provide, in  addition  to the program established under
    paragraph (1) of this subsection, training in technical matters
    relating to the causes, prevention, reduction, and elimination
    of pollution for personnel of public agencies and other persons
    with suitable qualifications.
    (4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31. 1973, summa-
rizing the actions taken under this subsection and the effectiveness
of such  actions, and setting forth the number of persons trained,
the  occupational categories for which training was provided, the ef-
fectiveness of other Federal. State, and local training programs in
                                                                 Sec. 104
                                                                                 FEDERAL WATER POLLUTION CONTROL ACT
10
                                                                 this field, together with estimates  of future needs, recommenda-
                                                                 tions on improving training programs, and such other information
                                                                 and recommendations,  including legislative recommendations,  as
                                                                 he deems appropriate.
                                                                     (h) The Administrator is authorized to enter into contracts,
                                                                 with, or .make grants to, public or private agencies and organiza-
                                                                 tions and individuals for (A) the purpose of developing and dem-
                                                                 onstrating new or improved methods for the prevention, removal,
                                                                 reduction, and elimination of pollution in lakes, including the unde-
                                                                 sirable effects of nutrients and vegetation, and (B) the construction
                                                                 of publicly owned research facilities for such purpose.
                                                                     (i) The Administrator, in cooperation with the Secretary of the
                                                                 department in which the Coast Guard is operating, shall—
                                                                        (1) engage in  such  research,  studies, experiments,  and
                                                                     demonstrations as  he deems appropriate, relative to the re-
                                                                     moval of oil from any waters and  to the prevention,  control,
                                                                     and elimination of oil and hazardous substances pollution;
                                                                        (2) publish from time to time the results of such activities;
                                                                     and
                                                                        (3) from time to time, develop and publish in the  Federal
                                                                     Register specifications and  other technical information on the
                                                                     various chemical compounds used in the control of oil and haz-
                                                                     ardous substances spills.
                                                                 In carrying out this subsection, the Administrator may enter into
                                                                 contracts with, or make grants to, public or private agencies and
                                                                 organizations and individuals.
                                                                     (j) The Secretary of the department in which the Coast Guard
                                                                 is operating shall engage in such research,  studies, experiments,
                                                                 and demonstrations as he deems appropriate relative to equipment
                                                                 which is to be installed on board a vessel and is designed to re-
                                                                 ceive, retain, treat,  or discharge human body  wastes and the
                                                                 wastes from  toilets'and  other receptacles intended to receive or re-
                                                                 tain body wastes with particular emphasis on equipment to be in-
                                                                 stalled on small recreational vessels. The Secretary of the depart-
                                                                 ment in which the Coast Guard is operating shall report  to Con-
                                                                 gress .the results of such research, studies, experiments, and dem-
                                                                 onstrations prior to the  effective date of any regulations established
                                                                 under section 312 of this Act. In carrying out this subsection the
                                                                 Secretory of the department in which the Coast Guard is operating
                                                                 may enter into contracts with, or make grants to, public or private
                                                                 organizations and individuals.
                                                                     (k) In carrying out the provisions of this section relating to the
                                                                 conduct by the Administrator of demonstration projects and the de-
                                                                 velopment of field laboratories and reseach facilities, the Adminis-
                                                                 trator may acquire land and interests therein by purchase, with ap-
                                                                 propriated or donated funds, by donation, or by exchange for ac-
                                                                 quired or public lands under his jurisdiction  which he classifies as
                                                                 suitable for disposition.  The values of the properties so exchanged
                                                                 either shall  be approximately  equal, or if  they  are not approxi-
                                                                 mately equal, the values shall be equalized by the payment of cash
                                                                 to the grantor or to the Administrator as the circumstances re-
                                                                 quire.
                                                                     (IX1) The Administrator shall, after consultation with appro-
                                                                 priate local, State, and Federal agencies, public and private organi-

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                                                                                              PftSJlW EBHIBil flEI
 sations, and interested iradividiiiials, as soon as practicable but snot
 later than January 1, 1973, develop and issue to the States for the
 purpose of  carrying out this Act  the latest scientific knowledge
 available in indicating the kind and extent of effects on health and
 welfare which may fca expected from the presence of pesticides in
 th® water in vsuryiKsg qpsaaimtitieB. Me shall' revise and add to such
                      necessary to reflect developing scientific
    \&/ u uw u u v*&>u
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               FEDERAL WATER POLLUTION CONTROL ACT
Sec. 104
or other factors preclude the use of septic tank and drainage field
systems.
    (2) The Administrator shall conduct a comprehensive program
of research and investigation and pilot project implementation into
new and improved methods for the collection and treatment of sew-
age and other liquid wastes combined with the treatment and dis-
posal of solid wastes.
    (3) The Administrator shall establish, either within the Envi-
ronmental  Protection Agency, or through contract with an appro-
priate public or private non-profit organization, a national clearing-
house which shall  (A) receive reports and information resulting
from research, demonstrations, and other projects  funded under
this Act related to paragraph (1) of this subsection and to sub-
section (eX2) of section 106; (B) coordinate and disseminate such
reports and information for use by Federal and State agencies, mu-
nicipalities, institutions,  and  persons in developing new and im-
proved methods pursuant to this subsection; and (C) provide for the
collection and dissemination of reports and information relevant to
this subsection from other Federal and State agencies, institutions,
universities, and persona.
    (4)  SMALL FLOWS  CLEARINGHOUSE.—Notwithstanding section
    206(d)  of this Act, from amounts that are set aside for a fiscal
    year under section 206Xi) of this Act and  are not obligated by
    the end of the 24-month period of availability for such amounts
    under  section 205(d), the Administrator shall make available
    $1,000,000 or such unobligated  amount, whichever is less,  to
    support a national clearinghouse  within  the  Environmental
    Protection Agency  to collect and disseminate information on
    small flows of sewage and innovative or alternative wastewater
    treatment processes and techniques, consistent with paragraph
    (3). This paragraph shall apply with respect to amounts  set
    aside under section 205Xi) for which the 24-month period of
    availability referred to in the preceding sentence ends on  or
    after September 30,1986.
    (r) The Administrator is authorized to make grants to colleges
and universities to  conduct basic research into the structure and
function of fresh water aquatic ecosystems, and to improve under-
standing of the ecological characteristics necessary to the mainte-
nance of the chemical, physical, and biological integrity  of fresh-
water aquatic ecosystems.
    (e) The Administrator is authorized to make grants to one  or
more institutions of higher  education (regionally located and  to be
designated  as "River Study  Centers") for the purpose of conducting
and reporting on interdisciplinary studies on the nature of river
systems, including hydrology, biology, ecology, economics,  the rela-
tionship between river uses and land uses, and the effects of devel-
opment within river basins on river systems  and on the value of
water resources and water related activities. No such grant in any
fiscal year shall exceed  $1,000.000.
    (t) The Administrator shall, in cooperation with State and Fed-
eral agencies  and public and private organizations, conduct con-
tinuing comprehensive studies of the effects and methods of control
of thermal discharges. In evaluating alternative methods of control
the studies •hall consider (1) such data as are available on the lat-
Sec. 105
                                    FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                                       14
                    eat available technology, economic  feasibility including cost-effec-
                    tiveness analysis, and (2) the total impact on the environment, con-
                    sidering not only water quality but also air quality, land use, and
                    effective utilization and conservation of fresh water and .other natu-
                    ral resources. Such studies  shall consider  methods of minimizing
                    adverse effects and maximizing beneficial  effects of thermal dis-
                    charges. The results of these studies shall  be reported by the Ad-
                    ministrator as soon  as .practicable, but not  later than 270 days
                    after enactment of this subsection, and shall  be  made available to
                    the public and the States, and considered as they become available
                    by the Administrator in carrying out section 316  of this Act and by
                    the State in proposing thermal water quality standards.
                        (u)  There is authorized  to  be appropriated  (1) not  to exceed
                    $100,000,000  per fiscal year for the fiscal year ending June 30,
                    1973, the fiscal year ending June 30, 1974, and the fiscal year end-
                    ing June 30, 1975, not to exceed $14,039,000 for the fiscal year
                    ending September 30,  1980, not  to exceed $20,697,000 for the fiscal
                    year ending September 30, 1981, not to exceed $22,770,000 for the
                    fiscal year ending September 30, 1982, such sums as may be nec-
                    essary  for fiscal years 1983 through 1985,  and not to exceed
                    $22,770,000 per fiscal year for each of the fiscal years 1986 through
                    1990, for carrying out the provisions  of this section, other than sub-
                    sections (gXD and (2), (p), (r), and (t), except  that such authoriza-
                    tions are not  for any research, development, or demonstration ac-
                    tivity pursuant to such provisions; (2) not to exceed $7,500,000 for
                    fiscal years 1973, 1974, and  1975, $2,000,000  for fiscal year 1977,
                    $3,000,000 for fiscal  year 1978, $3,000,000 for  fiscal year 1979,
                    $3,000,000 for fiscal  year 1980, $3,000,000 for  fiscal year 1981,
                    $3,000,000 for fiscal year 1982, such sums as may be necessary for
                    fiscal years 1983 through 1985,  and $3,000,000 per fiscal year for
                    each of the fiscal years 1986 through 1990, for  carrying out the pro-
                    visions of subsection (gXD; (3) not to exceed  $2,500,000 for fiscal
                    years  1973,  1974, and 1975,  $1,000,000  for fiscal  year 1977,
                    $1,500,000 for fiscal  year 1978, $1,500,000 for  fiscal year 1979,
                    $1,500,000 for fiscal  year 1980, $1,500,000 for  fiscal year 1981,
                    $1,500,000 for fiscal year 1982, such  sums aa may be necessary for
                    fiscal years 1983 through 1985,  and $1,500,000 per fiscal year for
                    each of the fiscal years 1986 through  1990, for carrying out the pro-
                    visions of subsection (gX2); (4) not to exceed $10,000,000 for each
                    of the fiscal years ending June 30, 1973, June 30, 1974, and June
                    30, 1976, for carrying out the provisions of subsection (p);  (5) not
                    to exceed $15,000,000 per fiscal year for the fiscal years  ending
                    June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out
                    the provisions of subsection (r);  and  (6) not  to exceed $10,000,000
                    per fiscal year for the fiscal years ending June 30, 1973, June 30,
                    1974, and June 30, 1975, for carrying out  the provisions of sub-
                   section (t).
                   (33 U.S.C. 1264)

                              GRANTS FOR RESEARCH AND DEVELOPMENT

                       SEC.  106. (a) The Administrator is authorized to conduct in the
                   Environmental Protection Agency, and to  make grant*  to  any

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  15
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 105
                                                     Sec. 105
                                                                                   FEDERAL WATER POLLUTION CONTROL ACT
                                                                        16
  State, municipality, or intennunicipal or interstate agency for the
  purpose of assisting in the development of—
         (1) any project which will demonstrate a new or improved
     method of preventing, reducing, and eliminating the discharge
     into any waters of pollutants from sewers which carry storm
     water or both storm water and pollutants; or
         (2) any  project which  will demonstrate advanced waste
     treatment and water purification methods (including the tem-
     porary use of new or improved chemical  additives which pro-
     vide substantial immediate improvement to existing treatment
     processes), or new or improved methods of joint treatment sys-
     tems for municipal and industrial wastes;
 and to include in such grants such amounts  as are necessary for
 the purpose of reports, plans, and specifications in connection
 therewith.
     (b) The Administrator is authorized to make  grants  to any
 State or States or interstate agency to demonstrate, in river basins
 or portions thereof, advanced!  treatment and environmental en-
 hancement techniques to control pollution from all sources, within
 such basins or  portions thereof, including nonpoint sources, to-
 gether with in stream water Quality improvement techniques.
    (c) In order to carry out we purposes of section 301 of this Act,
 the Administrator  is authorized to (1) conduct  in the Environ-
 mental Protection Agency, (2)  make grants  to persons, and (3)
 enter into  contracts with persons, for research and demonstration
 projects for prevention of pollution of any waters by industry in-
 cluding, but not limited to, the prevention, reduction, and elimi-
 nation of the discharge of pollutants. No grant shall be  made for
 any project under this subsection unless the Administrator deter-
 mines that such project will develop or demonstrate a new or im-
 proved method of treating industrial wastes or otherwise prevent
 pollution by industry, which method shall have industrywide appli-
 cation.
    (d) In carrying out the provisions of this section, the Adminis-
 trator shall conduct, on a priority basis,  an accelerated effort to de-
 velop, refine, and achieve practical application of:
        (1) waste management methods  applicable to point and
    nonpoint sources of pollutants to eliminate the discharge  of
    pollutants, including, but not limited to, elimination of runoff
    of pollutants and the effects of pollutants from inplace or accu-
    mulated sources;
        (2) advanced waste treatment methods applicable to point
    and nonpoint sources, including inplace or accumulated sources
    of pollutants, and methods for reclaiming  and recycling water
    ana  confining pollutants  so they will not migrate  to  cause
    water or other environmental pollution; and
        (3) unproved methods  and procedures to  identify and
    measure the effects of pollutants on the chemical, physical, and
    biological integrity of water, including those pollutants created
    by new technological developments.
    (eXD The Administrator is authorized to (A) make, in consulta-
tion with the Secretary of Agriculture,  grants to persons for re-
search  and demonstration projects with respect to new  and un-
proved methods of preventing, reducing, and »Hmte*ting pollution
                                                     from agriculture, and (B) disseminate, in cooperation with the Sec-
                                                     retary of Agriculture, such information obtained under  this sub-
                                                     section, section 104(p), and section 304 as will encourage and en-
                                                     able the adoption of such methods in the agricultural industry.
                                                        (2) The Administrator is authorized, (A) in consultation with
                                                     other interested Federal agencies, to make grants for demonstra-
                                                     tion projects with respect to new and improved methods of prevent-
                                                     ing, reducing, storing, collecting, treating, or otherwise eliminating
                                                     pollution from sewage in rural and other areas where collection of
                                                     sewage in conventional, community-wide sewage collection systems
                                                     is impractical, uneconomical, or otherwise infeasible, or where soil
                                                     conditions  or other factors preclude the use of septic tank and
                                                     drainage field systems, and (B) in cooperation with other interested
                                                     Federal and  State agencies, to disseminate such information ob-
                                                     tained under this subsection  as  will encourage and enable the
                                                     adoption of new and improved methods developed pursuant to this
                                                     subsection.
                                                        (f) Federal  grants under subsection (a) of this section shall be
                                                     subject to the following limitations:
                                                            (1) No grant shall be made for any project unless such
                                                        project shall have  been  approved by  the  appropriate State
                                                        water pollution control agency or agencies and by the  Adminis-
                                                        trator;
                                                            (2) No  grant shall be made for any project in an amount
                                                        exceeding 76 per centum of cost thereof as determined  by the
                                                        Administrator; and
                                                            (3) No grant shall be made for any project unless the Ad-
                                                        ministrator determines that such project will serve as a useful
                                                        demonstration for the purpose set forth in clause (1) or (2) of
                                                        subsection (a).
                                                        (g) Federal grants under subsections (c) and (d) of this section
                                                     shall not exceed 75 per centum of the cost of the project.
                                                        (h) For the  purpose of this section there is authorized to be ap-
                                                     propriated $76,000,000 per fiscal year for the fiscal year  ending
                                                     June 30, 1973, the fiscal year ending June 30, 1974, and  the fiscal
                                                     year ending June 30,  1975, and from such appropriations at least
                                                     10 per centum of the funds actually appropriated in each fiscal
                                                     year shall be available only for the purposes of subsection (e).
                                                        (i) The Administrator is authorized to make grants  to  a mu-
                                                     nicipality to  assist in the costs  of  operating and maintaining a
                                                     project which received a grant under this section, section 104, or
                                                     section 113 of this Act pnor to the date of enactment of  this sub-
                                                     section so as to reduce the operation and maintenance costs borne
                                                     by the recipients of services from such project to costs comparable
                                                     to those for projects assisted under title II of this Act.
                                                        (j) The Administrator is authorized to  make a  grant to any
                                                    grantee who received an increased  grant pursuant to section
                                                    202(aX2) of this Act. Such grant may pay up to 100 per centum of
                                                    the costs of technical evaluation of the operation of the treatment
                                                    works, costs of training of persons (other than employees  of the
                                                    grantee), and costs of disseminating technical information on the
                                                    operation of the treatment works.
                                                    (S3U.S.C. 1266) •

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           GRANTS FOR POLLUTION CONTROL PROGRAMS

    SEC. 106. (a) There ana hereby authorized to be appropriated
the following sums, to remain available until expended, to carry
out the purposes of this section—
        (1) $60,000,000 for the  ffiscal year ending June 30, 1973;
        (2) $76,000,000 for the fiscal year ending June 30,  1974,
    and the fiscal year ending June 30, 1975, §100,000,000 per fis-
    cal year for the fiscal years  1977,  1978,  1979,  and  1980,
    §75,000,000 per fiscal year for the fiscal years 1981 and  1982,
    such sums as may be necessary for fiscal years 1983 through
    1985, and  $75,000,000 per fiscal year for each of the  fiscal
    years 1986 through 1990;
 for grants to States and to interstate agencies to assist them in ad-
 ministering  programs  for the prevention, reduction, and elimi-
 nation of pollution, including enforcement directly or through ap-
 propriate State law enforcement officers or agencies.
    (b) From the sums appropriated in any fiscal  year, the Admin-
 istrator shall make  allotments to the several States and interstate
 agencies in accordance with regulations promulgated  by him on the
 basis of the extent of the pollution problem in the respective States.
    (c) The Administrator is authorized to pay to each State and
 interstate agency each fiscal year either—
        (1) the allotment of such State or agency for such  fiscal
    year under subsection (b), or
        (2) the reasonable costs as determined  by  the Adminis-
    trator of developing and carrying out a  pollution program by
    such State or agency during such fiscal year,
 whichever amount is the lesser.
    (d) No grant shall be made under this section to any State or
 interstate agency for any fiscal year when the expenditure of non-
 Federal Ifunds by such Stabs or interstate agency during such fiscal
 year for the recurrent expenses of carrying out its pollution control
 program are less than the expenditure by such State or interstate
 agency of non-Federal ftrads for such recurrent program expenses
 during the fiscal year ending Jume 30,1971.
    (e) Beginning in fiscal year 1974 the Administrator shall not
make any grant under this section to any State which has not pro-
vided or is not carrying oufe as a part of its program—
        (1) the establishment aM operation of appropriate devices,
    methods, systems, and procedures necessary to monitor, and to
    compile and analyze data on (including classification according
    to eutropMc condition), the qusality of navigable waters and to
    the extent practicable, ground waters including biological mon-
    itoring; and provision for araraallly updating such data and in-
    cluding it in the report required under sections 305 of this Act;
        (2) authority comparable  to fchat in section 504 of this Act
    and adequate contingency plans to implement such, authority.
    (f) Graatg shall b® mad® nmder (Ms section on condition that—
       (1) Such Stato (or interstate agency) filed  with the Admin-
    istrator wsthm ons husadiredl sasa& twenty days  aUter the date of
               A . « •    . •               *  rf
                                                                                       FESEBfll OTEB PIBMTOKl EOTML OT
                                                                                    (A)  a summary  report of the current status  of the
                                                                                State-pollution control program, including the criteria used
                                                                                by the State in determining priority of treatment  works;
           (B) such additional information, data, and reports as
        the Administrator may require. .
        (2) No federally assumed enforcement as defined in section
    309(a)(2) is in effect with respect to such State or interstate
    agency.
        (3) Such State (or interstate agency) submits within one
    hundred  and twenty days after the date of enactment of this
    section and before July  1 of each year thereafter for the Ad-
    ministrator's approval of its program for the prevention, reduc-
    tion, and elimination of  pollution in accordance with purposes
    and provisions of this Act in such form and content as the Ad-
    ministrator may prescribe.
    (g) Any  sums allotted under subsection (b) in any fiscal year
which are not paid shall be  reallotted by the Administrator in ac-
cordance with regulations promulgated by him.
(33 U.S.C. 12S6)
        MINE WATER POLLUTION CONTROL DEMONSTRATIONS

    SEC. 107. (a) The Administrator in cooperation with the Appa-
lachian Regional Commission and other Federal agencies is author-
ized to conduct, to make grants for, or to contract for, projects to
demonstrate comprehensive  approaches to the elimination or con-
trol of acid or other mine water pollution resulting from active or
abandoned mining operations and other environmental pollution af-
fecting water quality  within all or part of a watershed or river
basin, including saltation from surface mining. Such projects shall
demonstrate the engineering and economic feasibility and practical-
ity of various abatement techniques which will contribute_ substan-
tially to effective and practical methods of acid or other mine water
pollution elimination or control, and other pollution affecting water
quality, including techniques that demonstrate the engineering and
economic feasibility and practicality of using sewage sludge mate-
rials and other municipal wastes to diminish or prevent pollution
affecting water quality from acid,  sedimentation, or other pollut-
ants and in such projects to  restore affected lands to usefulness for
forestry, agriculture, recreation, off other beneficial purposes.
    (b) Prior to undertaking any demonstration project under this
section in the Appalachian region (as defined in section 403 of the
Appalachian  Regional Development Act of 1965, as amended), the
Appalachian  Regional Commission  shall determine that such dem-
onstration project is consistent with the objectives of the Appalach-
ian Regional  Development Act of 1965, as amended.
    (c) The Administrator, in selecting watersheds for the purposes
of this section, shall be satisfied that the project area will not be
affected adversely by fthe influx of acid or other mine water pollu-
tion from nearby sources.
    (d) Federal participation in such projects shall be subject to the

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                                                       See.
        (1) that the State shall acquire any land or interests there-
    in necessary for such project; and
        (2) that th® State shall provide legal and practical protec-
    tion to th® project area to insure against any activities which
    will cause (future acid or other mine water pollution.
    (e) There is authorised to b® appropriated $30,000,000 to carry
out th® provisions of this section, which sum shall be available
                                                                      Sec. 103
                                             ACT
(33 U.S.C. 1267)

              POLLUTION CONTROL KN GREAT LAKES

    SEC. 108. (a) The Administrator, in cooperation with other Fed-
eral departments, agencies, and instrumentalities is authorized to
enter into agreements with any State, political subdivision, inter-
state  agency, or other public agency, or combination  thereof, to
carry out one or'moins projects to demonstrate new methods  and
techniques and to develop preliminary plans for the elimination or
control of pollution, within all or any part of the watersheds of the
Great Lakes. Such projects shall demonstrate the engineering and
economic feasibility and practicality  of removal of pollutants  and
prevention of any  polluting  matter from entering into the Great
Lakes in the future and other reduction and remedial  techniques
which will contribute substantially to effective and practical meth-
ods of pollution prevention, reduction, or elimination.
   : (b) Federal participation in such projects shall be subject to the
condition that tie State, political subdivision, interstate agency, or
other public  agency, or combination thereof,  shall pay not less than
25 psr csntam of the actual project costs, which payment may be
in any form, tactadimg, but mot limited to, land or interests therein
that is needed for the project, and personal property or services the
value of which shall b® determined by the Administrator.
    (c) Thews is authorized to bs appropriated §20,000,000 to carry
out the provisions of subsections (a) and (b) of this section, which
sum shall b® available until expended.
    (dXl) In recognition of the serious  conditions which exist in
Late Erie, fife© Secretary of the Army, acting through the Chief of
Engineers, 50 directed to design and develop  a demonstration waste
water management program for  the rehabilitation  and environ-
mental repair of Lake Erie. Prior to the initiation of detailed engi-
neering and design, the program, along  with  the specific  rec-
ommendations of the Chief of Engineers and recommendations for
its financing, shall b® submitted to the Congress for statutory ap-
proval. This authority is in  addition to, and not in lieu of, other
waste water studies aimed at eliminating pollution emanating from
select sources around Lake Erie.
    (2) This program is to be developed in cooperation with the EKV
vironmental  Protection  Agency,  other _interested departments,
vsronmeniiai  rroseciaon agency,  ouner  amereBiteci  taepBinwneiais,
agencies, and instrumentalties of the Federal Government,  and
the States and their political subdivisions. This program shall set
{forth alternative systems for managing waste water on a regional
basis and snail gprovid® local and State governments with & range
of dhoico as to &o typ® of system to b® used for th® treatment of
                 im mUft/^nsmuwftfowm (nwiwiftmmmffl nlkffiDl ^Tntf*llnlliriIfA IrvftfrBli flnn.
 vanced waste treatment technology and land disposal systems in-
 cluding aerated treatment-spray irrigation technology and will also
 include provisions for the disposal of solid wastes, including sludge.
 Such program should include measures to control point sources of
 pollution, area sources of pollution, including acid-mine drainage,
 urban runoff? and rural runoff, and in place sources of pollution, in-
 cluding bottom loads, sludge banks, and polluted harbor dredgings.
     (e) There is authorized to be appropriated $5,000,000 to carry
 out the-provisions of subsection (d) of this section, which sum shall
 be available until expended.
 (33 U.S.C. 1268)

                TRAINING GRANTS AND CONTRACTS

     SEC. 109. (a) The Administrator is authorized to make grants
 to  or contracts with institutions  of higher education, or combina-
 tions of such institutions, to assist them in planning, developing,
 strengthening, improving, or carrying out programs or projects for
 the preparation of undergraduate students to enter an occupation
 which involves the design, operation,  and maintenance of treat-
 ment works, and  other facilities whose  purpose  is water quality
 control. Such grants or contracts may include payment of all or
 part of the cost of programs or projects such as—
        (A) planning for the development or expansion of programs
     or projects for training persons in the operation ana mainte-
     nance of treatment works;
        (E) training and retraining of faculty members;
        (C) conduct of short-term or regular session institutes for
     study by persons engaged in, or preparing to engage in, the
     preparation of students preparing to enter an occupation in-
     volving the operation and maintenance of treatment works;
        (B) carrying out innovative and experimental programs of
     cooperative education involving alternate periods of full-time or
     part-time academic study at the institution and periods of full-
     time or part-time employment involving the operation and
     maintenance of treatment works; and
        (E) research into,  and development of, methods of training
     students or faculty, including the preparation of teaching mate-
     rials and the planning of curriculum.
    (bXl) The Administrator may pay 100 per centum of any addi-
tional cost of construction of treatment works required for a facility
to train and upgrade waste treatment works operation and mainte-
nance personnel and for the costs of other State treatment works
operator training programs,  including mobile training units, class-
room rental, specialized instructors, and instructional material.
    (2) The Administrator shall make no more than one grant for
such additional  construction in any State (to serve a group of
States, where, in his judgment, efficient training programs require
multi-State  programs), and shall  make such grant after consulta-
tion with and approval by the State or States on the basis of (A)
the suitability of such  facility for training operation and mainte-
nance personnel for treatment works  throughout such  State  or
States; and  (B) a commitment by the State agency or agencies to
         ofe sradhi ffssdMSy a pogrom of torgaaing approved by th® Ad-

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            In any case wlhens & grant is  mad® to serve two or
more States, the Administrator is sjatSaorized to mak® SUB additional
grant for a supplemental facility in ©ach such State.
    (3) The Administrator may make such  gramt out of the sums
allocated to a State under sections 205  of this Act,  except that in
no event shall the Federal cost of any  such training (facilities ex-
    (4) The Administrator may exempt a grant under this section
from  any requirement under section 204(aX3) of this Act.  Any
grantee who received a grant under this section prior to enactment
of the Clean Water Act of 1977 shall bs eligible to have its grant
increased by funds made available under such Act.
(33 U.S.C. 1258)

  APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OP
                     GRANTS OR CONTRACTS

    SEC. 110. (1) A grant or contract authorized by section 109  may
be made only upon application to the Administrator at such time
or times and containing such information as he may prescribe, ex-
cept that no such application shall be approved unless it—
        (A) sets forth programs, activities, research,  or develop-
    ment for which a grant is authorized under section 109 and de-
    scribes the relation to any program set forth by the applicant
    in an application, if any, submitted pursuant to section 111;
        (B) provides such fiscal control and fund accounting proce-
    dures as  may  be  necessary to assure proper disbursement of
    and accounting for Federal funds paid  to the  applicant under
    this section; and
        (C) provides for making such reports,  in such  form  and
    containing such information, as the Administrator may require
    to carry out Ms functions under this section,  and for keeping
    such records and for affording such access thereto as the Ad-
    ministrator may find necessary to assure the  correctness  and
    verification of such reports.
    (2) The Administrator shall allocate grants or contracts under
section 109 in such manner as will most nearly provide  an equi-
table  distribution of the grants or contracts throughout the United
States among institutions of higher education which show promise
of being able to use funds effectively for the purpose of this section.
    (3XA) Payments under this section may be used in accordance
with regulations of the Administrator, and subject to the terms and
conditions set  forth in an application approved under paragraph
(1), to pay  part of the compensation of students employed in  con-
nection with the operation and maintenance of treatment works,
other  than  as  an employee in connection with the operation  and
maintenance of treatment works or as an employee in any branch
of the Government of the United States, as part of a program for
which a grant has been approved pursuant to this section.
    (B) Departments and agencies of the United States are encour-
aged,  to  m®  extent  consistent with efficient  Administration, to
enter  into asfffamgemeate witSa institutions of higher education for
fch® JuH-fcime, part-tarn®, or temporary ompioyment, whether in the
                                                                      competitive or
                                                                      set forth in
                                                                      (33 U.S.C. 1260)
                       service, of students enrolled in programs
                              " under paragraph (1).
                    AWARD OF SCHOLARSHIPS
    SEC. 111. (1) The Administrator is authorized to award schol-
arships in accordance with the provisions of this section for under-
graduate study by persons who plan to enter an occupation involv-
ing the operation and maintenance of treatment works. Such schol-
arships shall be  awarded for such periods as the  Administrator
may determine  but not to exceed four academic years.
    (2) The Administrator shall allocate scholarships  under this
section among institutions of higher education with programs ap-
proved under the provisions of this section for the use of individ-
uals accepted into such programs, in such manner and accordance
to such plan as  will insofar as practicable —
        (A) provide an equitable distribution  of such scholarships
    throughout the United States; and
        (B) attract recent graduates of secondary schools to  enter
    an  occupation involving the operation and  maintenance of
    treatment works.
    (3) The Administrator shall approve a program of any institu-
tion of higher education for the purposes of this section only upon
application by the institution and only upon his finding —
        (A) that such program has as a principal objective the edu-
    cation  and  training of persons in  the  operation and  mainte-
    nance of treatment works;
        (B) that such program is in effect and of high quality, or
    can be readily put into effect and may reasonably be expected
    to be of high quality;
        (C) that the  application describes the  relation of such pro-
    gram  to any program, activity,  research,  or development set
    forth by the applicant in an application, if any, submitted pur-
    suant to section 110 of this Act; and
        (O) that  the application contains satisfactory  assurances
    that (i) the  institution will recommend to the Administrator for
    the award of scholarships under this section, for study in  such
    program, only persons who have demonstrated to the satisfac-
    tion of the institution a serious intent, upon completing the
    program, to enter an occupation involving the operation and
    maintenance  of treatment works, and (ii) the institution will
    make  reasonable continuing efforts to encourage recipients of
    scholarships under this  section, enrolled  in such program, to
    enter occupations involving the operation and maintenance of
    treatment works  upon completing the program.
    (4XA) The Administrator shall pay to persons awarded scholar-
ships under this section such stipends  (including such allowances
for  subsistence  and other expenses for  such persons and their de-
pendents)  as he may determine to be consistent with prevailing
practices under comparable federally supported programs.
    (B) The Administrator shall (in addition  to the stipends  paid
to persons  under paragraph (1)) pay to the institution of higher
education  at which such person aa purauimig Ms course of at'"""

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23
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 113
Sec. 113
such amount as he may determine to be consistent with prevailing
practices under comparable federally supported programs.
    (5) A person awarded a scholarship under the provisions of this
section shall continue to receive the payments provided in this sec-
tion only during such periods as the Administrator finds that he is
maintaining satisfactory proficiency and devoting full time to study
or research in the field in which such scholarship was awarded in
an institution of higher education,  and is not engaging in  gainful
employment other than employment approved by the Administrator
by or pursuant to regulation.
    (6) The Administrator shall by regulation provide that any per-
son awarded a scholarship under this section shall agree in  writing
to enter and remain in an occupation involving the design,  oper-
ation, or maintenance  of treatment works for  such period  after
completion of his course of studies as the Administrator determines
appropriate.
(33US.C. 1261)
               DEFINITIONS AND AUTHORIZATIONS

    SEC.  112. (a) As used in sections 109 through 112 of this Act—
       (1) The term "institution of higher education" means  an
    educational institution described in the first sentence of section
    1201 of the Higher Education Act of 1965 (other than an  insti-
    tution of any agency of the United States) which is accredited
    by a nationally recognized accrediting agency or association ap-
    proved by the Administrator for this purpose. For purposes of
    this subsection, the Administrator shall publish  a list of na-
    tionally recognized accrediting  agencies or associations which
    he determines to be reliable authority as  to the quality of
    training offered.
       (2) The term "academic year" means an academic  year or
    its equivalent, as determined by the Administrator.
    (b) The  Administrator  shall annually report  his  activities
under sections 109 through 112 of this Act, including recommenda-
tions for needed revisions in the provisions thereof.
    (c) There are authorized to be appropriated $25,000,000 per fis-
cal year for fiscal years ending June 30, 1973, June 30, 1974, and
June 30,  1975, $6,000,000 for the fiscal year ending September 30,
1977,  $7,000.000 for the fiscal year ending September  30,  1978,
117,000,000 for the  fiscal  year ending   September 30,  1979,
117,000,000 for the  fiscal  year ending   September 30,  1980,
117,000,000 for the  fiscal  year ending   September 30,  1981,
117,000,000 for the fiscal year ending September 30, 1982, such
sums as may be necessary for fiscal years 1983 through 1985, and
$7,000,000 per fiscal  year for each of the fiscal years 1986 through
1990, to carry out sections 109 through 112 of this Act.
(33 U.S.C. 1262)
           ALASKA VILLAGE DEMONSTRATION PROJECTS

    SEC.  113. (a) The  Administrator is authorized  to enter into
agreements  with the State  of Alaska to carry out  one or  more
Erejects to demonstrate methods to provide for central community
 lenities  for safe water and elimination or control of pollution in
FEDERAL WATER POLLUTION CONTROL ACT
                                                                            24
                                                        those native villages of Alaska without such facilities. Such project
                                                        shall include provisions for community safe water supply systems,
                                                        toilets, bathing and laundry facilities,  sewage disposal facilities,
                                                        and other similar facilities,, and educational and informational fa-
                                                        cilities and programs relating to health and hygiene. Such dem-
                                                        onstration  projects shall be for the further purpose of developing
                                                        preliminary plans for providing such safe water and such elimi-
                                                        nation or control of pollution for all native villages in such State.
                                                           (b) In carrying out this section the Administrator shall cooper-
                                                        ate with the Secretary of Health, Education, and Welfare for the
                                                        purpose of utilizing such of the personnel and facilities of that De-
                                                        partment as may be appropriate.
                                                           (c) The Administrator shall report to Congress  not later than
                                                        July 1, 1973, the results of the demonstration projects authorized
                                                        by this section together with his recommendations, including and
                                                        necessary legislation, relating to the establishment  of a statewide
                                                        program.
                                                           (d) There  is  authorized to be appropriated not to exceed
                                                        $2,000,000 to carry out this section. In addition, there is authorized
                                                        to be appropriated to carry out this  section not to exceed $200,000
                                                        for the fiscal year ending September 30, 1978, and $220,000 for the
                                                        fiscal year ending September 30, 1979.
                                                           (e) The Administrator is authorized to coordinate with the Sec-
                                                       retary  of the Department of Health, Education, and Welfare, the
                                                       Secretary of the Department of Housing and Urban Development,
                                                       the  Secretary of the Department of the  Interior, the Secretary of
                                                       the  Department of Agriculture, and the heads of any other depart-
                                                       ments  or agencies he may deem appropriate  to  conduct  a joint
                                                       study with  representatives of the State  of Alaska and the appro-
                                                       priate Native organizations (as defined in Public  Law 92-203) to
                                                       develop a comprehensive program for achieving adequate  sanita-
                                                       tion services in Alaska  villages. This study shall be coordinated
                                                       with the programs and projects authorized by sections 104(q)  and
                                                       105(eX2) of this Act. The Administrator shall submit a report of the
                                                       results of the study, together with appropriate supporting data  and
                                                       such recommendations as he deems desirable, to the  Committee on
                                                       Environment and Public Works of the Senate and to the Committee
                                                       on Public Works and Transportation of the House of Representa-
                                                       tives not later than December 31,  1979. The Administrator shall
                                                       also submit recommended administrative actions, procedures, and
                                                       any proposed legislation necessary to implement the recommenda-
                                                       tions of the study no later than June 30, 1980.
                                                          (0 The Administrator is authorized to provide technical, finan-
                                                       cial  and management assistance for  operation and maintenance of
                                                       the  demonstration projects constructed  under  this  section, until
                                                       such time as the  recommendations of subsection (e) are imple-
                                                       mented.
                                                          (g)  For the purpose of this section, the term "village" shall
                                                       mean an incorporated or  unincorporated community  with a popu-
                                                       lation of ten to six hundred people living  within a two-mile radius.
                                                       The  term "sanitation services" shall mean  water  supply, sewage
                                                       disposal, solid waste disposal and other services necessary to main-

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   25
                        \
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 116
   tain generally accepted standards of personal hygiene and public
   health.
   (33 U.S.C. 1263)

                        LAKE TAHOE STUDY

      SEC.  114. (a) The Administrator, in consultation with  the
   Tahoe Regional  Planning Agency, the Secretary of Agriculture,
   other Federal agencies, representatives of State and local govern-
   ments, and members of the public, shall conduct a thorough and
   complete study on the adequacy of and need for extending Federal
   oversight and control in order to preserve the fragile  ecology of
   Lake Tahoe.
      (b) Such study shall include  an examination of  the  inter-
   relationships and responsibilities of  the  various agencies of the
   Federal Government and State and local governments with a view
   to establishing the necessity for redefinition of legal and other ar-
   rangements between these various governments, and making spe-
   cific legislative recommendations to  Congress. Such study shall
   consider the effect of various actions in terms of their environ-
   mental impact on the Tahoe Basin, treated as an ecosystem.
      (c) The Administrator shall report on such study to Congress
   not later than one year after the date of enactment of this sub-
   section.
      (d) There is authorized to  be appropriated to carry out this sec-
   tion not to exceed $500,000.
   (33 U.S.C. 1264)

                    IN-PLACE TOXIC POLLUTANTS

      SEC. 115. The Administrator is directed to identify the location
   of in-place pollutants with emphasis on toxic pollutants in harbors
   and navigable waterways and  is authorized, acting through  the
   Secretary of the  Army, to make contracts for the removal and ap-
   propriate disposal of such materials from critical port and harbor
   areas. There is authorized to be appropriated $15,000,000  to carry
   out the provisions of this section, which sum shall be available
   until expended.
   (33 U.S.C. 1265)

      HUDSON RIVER PCS RECLAMATION DEMONSTRATION PROJECT

      SEC. 116. (a) The Administrator is authorized to enter into con-
   tracts and other agreements with the State of New York  to carry
   out a project to demonstrate methods for the selective removal of
   polychlorinated biphenyls contaminating bottom sediments of the
   Hudson River, treating such sediments as required,  burying such
   sediments in secure landfills, and installing monitoring systems for
   such landfills. Such demonstration project shall be for the purpose
   of determining the feasibility of indefinite storage in secure land-
   fills of toxic substances and of ascertaining the improvement of the
   rate of recovery of a toxic contaminated national waterway. No pol-
   lutants removed  pursuant to this paragraph shall be placed in any
   landfill unless the Administrator first determines that disposal of
   the pollutants in such landfill would  provide a higher standaniLof
^protection of the public health, safety, and welfare than disposaljjf^
                                                                      Sec. 117
                                                                    FEDERAL WATER POLLUTION CONTROL ACT
                                                                        26
                                                     such pollutants by any other method including, but not limited to,
                                                     incineration or a chemical destruction process.
                                                         (b) The  Administrator is authorized  to  make grants to the
                                                     State of New York to carry out this section from funds allotted to
                                                     such State under section 205(a) of this Act, except that the amount
                                                     of any such grant shall be equal to 75 per centum of the cost of
                                                     the  project and such pant shall be made on condition  that non-
                                                     Federal sources provide the  remainder of  the cost  of such project.
                                                     The authority of this section shall be available until September 30,
                                                     1983. Funds allotted to the State of New York under section 205(a)
                                                     shall be available under this subsection  only to the extent that
                                                     funds are not available, as determined by the Administrator, to the
                                                     State of New York for the work authorized by this section under
                                                     section  116 or 311 of this Act or  a comprehensive  hazardous sub-
                                                     stance response and  clean up fund. Any funds used under the au-
                                                     thority of this subsection shall be deducted from any estimate of
                                                     the needs of the State of New York prepared  under section 616(b)
                                                     of this Act. The Administrator may not obligate or expend more
                                                     than $20,000,000 to carry out this section.
                                                     (33 U.S.C. 1266)
                                                     SEC. 117. CHESAPEAKE BAY.
                                                        (a) OFFICE.—The Administrator shall continue the Chesapeake
                                                     Bay Program and shall establish and maintain the  Environmental
                                                     Protection Agency an office, division, or branch of Chesapeake Bay
                                                     Programs to—
                                                            (1) collect and make available, through publications and
                                                        other appropriate means, information  pertaining to  the envi-
                                                        ronmental quality of the Chesapeake Bay (hereinafter in this
                                                        subsection referred to as the "Bay");
                                                            (2) coordinate Federal and State  efforts to  improve  the
                                                        water quality of the Bay;
                                                            (3) determine the impact of sediment deposition in the Bay
                                                        and identify the sources, rates, routes, and distribution pat-
                                                        terns of such sediment deposition; and
                                                            (4) determine the impact of natural and man-induced envi-
                                                        ronmental changes on the living resources of the  Bay and the
                                                        relationships  among  such changes with  particular  emphasis
                                                        placed on the impact of pollutant loadings of nutrients, chlo-
                                                        rine, acid precipitation, dissolved oxygen, and toxic pollutants,
                                                        including organic chemicals and heavy metals, and with special
                                                        attention given to the impact  of such changes on striped bass.
                                                        (b) INTERSTATE DEVELOPMENT PLAN GRANTS.—
                                                            (1) AUTHORITY.—The Administrator shall, at the request of
                                                        the Governor of a State affected by  the interstate management
                                                        plan developed  pursuant  to  the  Chesapeake  Bay  Program
                                                        (hereinafter in this section referred to as  the "plan"), make a
                                                        grant for  the purpose of implementing the management mecha-
                                                        nisms contained  in the plan if such State has, within 1 year
                                                        after the  date of the enactment of this section, approved and
                                                        committed to implement all or substantially all aspects of the
                                                        plan. Such grants shall be made subject to  such  terms juad con-
                                                        ditions aa the Administrator considers appropriate.

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 27
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 118
                                                                   Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                             28
        (2) SUBMISSION OF PROPOSAL.—A State or combination of
    States may elect to avail itself of the benefits of this subsection
    by submitting to the Administrator a comprehensive proposal
    to implement management mechanisms contained in the plan
    which shall include (A) a description of proposed abatement ac-
    tions which the State or combination of States commits to take
    within a specified time period to reduce pollution in the  Bay
    and to meet applicable water quality standards, and (B) the es-
    timated  cost of the abatement actions proposed to be taken
    during the next fiscal year. If the Administrator finds that
    such proposal is consistent with the national policies set forth
    in section  101(a) of this Act and will contribute to the achieve-
    ment of the national goals set forth in such section, the Admin-
    istrator shall approve such proposal and shall finance the costs
    of implementing segments of such proposal.
        (3) FEDERAL SHARE.—Grants under this subsection shall
    not exceed 50 percent of the costs of implementing the manage-
    ment mechanisms contained in the plan in any fiscal year  and
    shall be made on condition that  non-Federal sources provide
    the  remainder  of die cost of implementing  the management
    mechanisms contained in the plan during such fiscal year.
        (4) ADMINISTRATIVE COSTS.—Administrative costs in  the
    form of  salaries, overhead, or indirect  costs for services pro-
    vided  and  charged against programs or projects supported by
    funds made available under this subsection shall not exceed in
    any one fiscal  year  10 percent of the annual Federal grant
    made to  a State under this subsection.
    (c) REPORTS.—Any State or combination of States that receives
a grant under subsection (b) shall, within 18 months after the date
of receipt of such grant and biennially thereafter, report to the Ad-
ministrator on the progress made in  implementing the interstate
management plan developed pursuant to the Chesapeake Bay Pro-
gram. The Administrator shall transmit each such report along
with the comments  of the Administrator on  such report to Con-
gress.
    (d) AUTHORIZATION OF APPROPRIATIONS.—There are hereby au-
thorized to be appropriated the following sums, to remain available
until expended, to carry out the purposes of this section:
        (1) $3,000,000 per fiscal year for each of the  fiscal years
    1987, 1988,1989, and 1990, to cany out subsection (a); and
        (2) $10,000,000 per fiscal year for each of the fiscal years
    1987,  1988, 1989, and 1990, for grants to States under sub-
    section (b).
(33 U.S.C. 1267)
SEC. 118. GREAT LAKE&
    (a) FINDINGS, PURPOSE, AND DEFINITIONS.—
        (1) FINDINGS.—The Congress finds that—
           (A) the Great Lakes are a valuable national resource,
        continuously serving the people of  the United States  and
        other nations as an important source of food, fresh water,
        recreation, beauty, and enjoyment;
           (B) the United States should seek to attain the goals
        embodied in the Great Lakes Water Quality Agreement of
                                                           1978, as amended by the Water Quality Agreement of
                                                           1987 and  any other agreements and amendments, with
                                                           particular  emphasis on goals related to toxic pollutants;
                                                           and
                                                               (C) the Environmental Protection Agency should take
                                                           the lead in the effort to meet those goals, working with
                                                           other Federal agencies and State and local authorities.
                                                           (2) PURPOSE.—It is the purpose  of this section to achieve
                                                       the goals embodied in the Great  Lakes Water Quality Agree-
                                                       ment of 1978, as amended by the Water Quality Agreement of
                                                       1987 and any other agreements and amendments, through im-
                                                       proved organization and definition of mission on the part of the
                                                       Agency, funding of State grants for pollution  control in the
                                                       Great Lakes area, and improved  accountability for implemen-
                                                       tation of such agreement.
                                                           (3) DEFINITIONS.—For purposes of this section, the term—
                                                               (A) "Agency" means  the Environmental Protection
                                                           Agency;
                                                               (B) "Great Lakes" means Lake Ontario, Lake Erie,
                                                           Lake Huron (including  Lake  St. Clair), Lake Michigan,
                                                           and Lake  Superior,  and the connecting channels (Saint
                                                           Mary's River, Saint Clair  River, Detroit  River,  Niagara
                                                           River, and  Saint Lawrence River to the Canadian Border);
                                                               (C) "Great Lakes System" means all the streams, riv-
                                                           ers, lakes,  and other bodies of water within the drainage
                                                           basin of the Great Lakes;
                                                               (D) "Program Office" means the Great Lakes National
                                                           Program Office established by this section;
                                                              (E) "Research Office" means the Great Lakes Research
                                                           Office established by subsection (d);
                                                              (F) "area of concern" means a geographic area located
                                                           within the  Great Lakes, in which beneficial uses are im-
                                                           paired and  which has been officially designated as  such
                                                           under Annex 2 of the Great Lakes Water Quality Agree-
                                                           ment;
                                                              (G) "Great Lakes States"  means the  States of Illinois,
                                                           Indiana,  Michigan,  Minnesota,  New York, Ohio, Penn-
                                                           sylvania, and Wisconsin;
                                                              (H) "Great Lakes Water Quality Agreement" means
                                                           the bilateral agreement, between the United States and
                                                           Canada which was  signed  in  1978 and  amended by the
                                                           Protocol of  1987;
                                                              (I) "Lakewide Management Plan" means a written doc-
                                                           ument which embodies a  systematic and comprehensive
                                                           ecosystem approach to restoring  and protecting the bene-
                                                           ficial uses of the open waters of  each of the Great Lakes,
                                                           in accordance with article VI  and  Annex 2 of the Great
                                                           Lakes Water Quality Agreement; and
                                                              (J) "Remedial Action Plan" means a written document
                                                           which embodies  a  systematic and  comprehensive  eco-
                                                           system approach to restoring and protecting the beneficial
                                                           uses of areas of concern, in accordance with article VI and
                                                           Annex 2 of the Great Lakes Water Quality Agreement.

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29
FEDERAL WATER POLLUTION CONTROL ACT
    (b) GREAT  LAKES NATIONAL  PROGRAM OFFICE.—The  Great
Lakes National  Program Office (previously established by the Ad-
ministrator) is hereby established within the Agency. The Program
Office shall be headed by a Director who, by reason of management
experience and technical expertise  relating to the Great Lakes, is
highly qualified to direct the development of programs and plans
on a variety of Great Lakes issues. The Great Lakes National Pro-
gram Office shall be located in a Great Lakes State.
    (c) GREAT LAKES MANAGEMENT.—
       (1) FUNCTIONS.—The Program Office shall—
           (A)  in  cooperation with  appropriate Federal, State,
       tribal, and international agencies, and in accordance with
       section 101(e) of this Act, develop and implement specific
       action plans to carry out the responsibilities of the United
       States under the Great Lakes  Water Quality Agreement of
       1978, as amended by the  Water Quality Agreement of
       1987 and any other agreements and  amendments,;1
           (B) establish a Great Lakes system-wide surveillance
       network to monitor the water quality of the Great Lakes,
       with specific emphasis on  the monitoring of toxic pollut-
       ants;
           (C) serve as the liaison with, and provide information
       to, the Canadian members of the International Joint Com-
       mission and the Canadian counterpart to the Agency;
           (D) coordinate actions of the Agency (including actions
       by headquarters and regional offices thereof) aimed at im-
       proving Great Lakes water quality; and
           (E) coordinate actions of the Agency  with the actions
       of other Federal agencies and  State and local authorities,
       so as to ensure the input of those  agencies and authorities
       in developing water quality strategies and obtain the sup-
       port of those agencies and authorities in achieving the ob-
       jectives of such agreement.
       (2) GREAT LAKES WATER QUALITY GUIDANCE.—
           (A) By June 30, 1991,  the Administrator, after con-
       sultation with  the Program Office, shall publish in  the
       Federal Register  for public notice and comment proposed
       water quality guidance for the Great Lakes System.  Such
       guidance shall conform with the objectives and provisions
       of the Great  Lakes Water Quality Agreement, shall be no
       less restrictive than the provisions of this Act and national
       water quality criteria and guidance, shall specify numeri-
       cal limits on pollutants in ambient Great Lakes waters to
       protect human health, aquatic life, and wildlife, and shall
       provide guidance  to the Great Lakes States  on minimum
                                                      Sec. 118    Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
       water quality standards, antidegradation policies, and im-
       plementation procedures for the Great Lakes System.
          (B) By June 30, 1992, the Administrator, in consulta-
       tion with the Program Office, shall publish in the Federal
       Register, pursuant to this section and the Administrator's
       authority under this chapter, final water quality guidance
       for the Great Lakes System.
 >SM f.L. 100-688, tertian 1008.
                                                             (C) Within two years after such Great Lakes guidance
                                                         is  published,  the Great Lakes States shall adopt water
                                                         quality standards, antidegradation policies, and implemen-
                                                         tation procedures for waters within the Great Lakes Sys-
                                                         tem which are consistent with such guidance. If a Great
                                                         Lakes State fails to  adopt  such  standards, policies, and
                                                         procedures, the Administrator shall promulgate them not
                                                         later than the end of such two-year period. When review-
                                                         ing any Great Lakes State's  water quality plan, the agency
                                                         shall consider the extent to  which the State has complied
                                                         with the Great Lakes guidance issued pursuant to this sec-
                                                         tion.
                                                         (3) REMEDIAL ACTION PLANS.—
                                                             (A) For each area of concern for which the United
                                                         States has agreed to draft  a Remedial Action Plan, the
                                                         Program Office shall ensure  that the Great Lakes State in
                                                         which such area of concern is located—
                                                                (i) submits a Remedial Action Plan to the Program
                                                             Office by June 30, 1991;
                                                                (ii) submits such Remedial Action Plan to the
                                                             International Joint Commission by January 1,  1992;
                                                             and
                                                                (iii) includes such Remedial Action Plans within
                                                             the State's water quality plan by January 1, 1993.
                                                             (B) For each  area of concern for which Canada has
                                                         agreed to draft a Remedial  Action Plan, the Program Of-
                                                         fice shall, pursuant to subparagraph (cXIXC) of this sec-
                                                         tion, work with Canada to assure the submission of such
                                                         Remedial Action Plans to the International Joint Commis-
                                                         sion by June 30, 1991, and  to finalize  such Remedial Ac-
                                                         tion Plans by January 1, 1993.
                                                             (C) For any area of concern designated as such subse-
                                                         quent to  the  enactment of  this Act, the  Program Office
                                                         shall (i) if the United States  has agreed to  draft the Reme-
                                                         dial Action Plan, ensure  that the Great  Lakes State  in
                                                         which such area of concern is located submits such Plan to
                                                         the Program Office within two years of the area's designa-
                                                         tion, submits it to the International Joint Commission no
                                                         later than six months after submitting it  to the Program
                                                         Office, and includes such Plan in  the State's water quality
                                                         plan no later than one year after submitting it to the Com-
                                                         mission; and (ii) if Canada has agreed  to draft the Reme-
                                                         dial Action Plan, work with  Canada, pursuant to subpara-
                                                         graph (cXD(C) of this section, to ensure the submission of
                                                         such Plan to  the International Joint Commission within
                                                         two years of the area's designation and the finalization of
                                                         such Plan no  later than eighteen months after submitting
                                                         it to such Commission.
                                                             (D) The Program Office shall compile formal comments
                                                         on individual  Remedial Action Plans made  by  the  Inter-
                                                         national  Joint Commission pursuant  to  section 4(d)  of
                                                         Annex 2 of the Great Lakes Water Quality Agreement and,
                                                         upon request by a member of the public, shall make such
                                                         comments available for inspection and copying.  The

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31
FEDERAL WATER POLLUTION CONTROL ACT
                                                      Sec. 118
Sec. 118
FEDERAL WATER POLLUTION CONTROL ACT
32
       gram Office shall also make available, upon request, for-
       mal comments made by  the Environmental  Protection
       Agency on individual Remedial Action Plans.
       (4) LAKEWIDE MANAGEMENT PLANS.—The Administrator, in
    consultation with the Program Office shall—
           (A) by January 1, 1992, publish in the Federal Reg-
       ister  a proposed  Lakewide Management  Plan for  Lake
       Michigan and solicit public comments;
           (B) by January 1, 1993, submit a proposed Lakewide
       Management Plan for Lake Michigan to the International
       Joint Commission for review; and
           (C) by January 1,  1994, publish in the Federal Reg-
       ister  a final Lakewide Management Plan for Lake Michi-
       gan and begin implementation.
Nothing in this subparagraph shall preclude the simultaneous de-
velopment  of Lakewide Management Plans  for the other Great
Lakes.
       (5) SPILLS OF  OIL AND HAZARDOUS MATERIALS.—The Pro-
    gram Office, in consultation with the Coast Guard, shall iden-
    tify areas within the  Great Lakes which are  likely to experi-
    ence numerous or voluminous spills of oil or  other hazardous
    materials from land based facilities, vessels, or other sources
    and, in consultation with the Great Lakes States, shall identify
    weaknesses in Federal and State programs and systems to pre-
    vent and respond  to such spills. This information shall be in-
    cluded on at least a biennial basis in the report required by
    this section.
       (6) 5-YEAR PLAN AND PROGRAM.—The Program Office shall
    develop, in consultation with the States, a five-year plan and
    program for reducing the amount of nutrients introduced into
    the Great Lakes. Such program shall incorporate any manage-
    ment  program for reducing nutrient runoff from  nonpoint
    sources established under section 319 of this Act and shall in-
    clude  a program for monitoring nutrient runoff into, and  ambi-
    ent levels in, the Great Lakes.
        (7) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.—
-------
        pended on Groat Lakes water quality initiatives in the
        {fiscal year to which the assessment relates; and
           (ii) include a report of current programs adminis-
        tered by other Federal agencies which make available
        resources to (the Great Lakes water quality manage-
    (11)  CONFINED DISPOSAL FACILITIES.— (A)  The Adminis-
trator, in consultation with the  Assistant Secretary of the
Army for Civil Works, shall develop and implement, within one
year of the date of enactment of this paragraph, management
plans for every Great Lakes confined disposal facility.
    (E)'The plan shall provide for monitoring of such facilities,
including —
        (i) water quality at the site and in the area of the site;
        (ii) sediment quality at the site and in the area of the
    site;
        (iii) the diversity, productivity, and stability of aquatic
    organisms at the site and in the area of the site; and
        (iv) such other conditions ae the Administrator deems
    appropriate.
    (C) The plan shall identify the anticipated use and man-
agement  of me site over the following twenty-year period in-
cluding the expected termination of dumping at the site, the
anticipated need for site management, including pollution con-
trol, following the termination of the use of the site.
    (D) The plan shall identify a schedule for review and revi-
sion of the plan which shall not be less frequent than Jive
years after adoption of the plan and every five years there-
(d) GREAT LAKES RESEARCH.—
    (1) ESTABLISHMENT OF RESEARCH OFFICE.—There is estab-
lished within the National Oceanic and Atmospheric Adminis-
tration the Great Lakes Research Office.
    (2) IDENTIFICATION OF ISSUES.—The Research Office shall
identify issues relating to the Great  Lakes resources on which
research is needed. IB® Research' Office shall submit a report
to Congress  on such issues before the  end  of each fiscal year
which shall  identify any changes  in the Great Lakes system
with respect to such issues.
    (3) INVENTORY.—The Research Office shall identify and in-
ventory, Federal, State, university,  and tribal environmental
research programs (and, to the extent feasible, those of private
organizations and other nations) relating to the Great Lakes
system, and shall update that inventory every four years.
    (4) RESEARCH EXCHANGE.—The  Research  Office shall es-
tablish a Great Lakes  research exchange for the purpose of fa-
cilitating the rapid identification, acquisition, retrieval, dis-
semination,  andl use  of  information concerning  research
 irojects which are ongoing or completed and which affect the
                 i.
                 PROGRAM.—The Research  Office shall  de-
                     wifch the Coordiratation Office, a com-
                                 irograra sad data bas® for
                                                  but .not
     be limited to,  data  relating to water quality, fisheries, and
     biota.
        (6) MONITORING.—The  Research  Office  shall  conduct,
     through the Great Lakes Environmental Research Laboratory,
     the National Sea Grant College program, other Federal labora-
     tories, and the private sector, appropriate research and mon-
     itoring activities which address  priority issues and  current
     needs relating to the Great Lakes.
        (7) LOCATION.—The Research Office shall  be located in a
     Great Lakes State.
     (e) RESEARCH AND MANAGEMENT COORDINATION.—
        (1) JOINT PLAN.—Before October 1 of each year, the Pro-
     gram Office and the Research Office shall prepare a joint re-
     search plan for the fiscal year which begins in the following
     calendar year.
        (2) CONTENTS OF PLAN.—Each plan prepared under  para-
     graph (1) shall—
            (A) identify all proposed research dedicated to activi-
        ties conducted  under  the Great  Lakes  Water Quality
        Agreement of 1978;
            (B) include the Agency's assessment of priorities for
        research needed to fulfill  the terms  of such Agreement;
            (C) identify all proposed research that may be used to
        develop a comprehensive environmental data base for the
        Great Lakes system  and establish priorities for develop-
        ment of such data base.
        (3) HEALTH RESEARCH REPORT.—(A) Not later than Sep-
    tember 30, 1994, the Program Office, in consultation with the
    Research Office, the Agency for Toxic Substances and Disease
    Registry, and Great Lakes States shall submit to the Congress
    a report assessing the adverse effects of water pollutants in the
    Great Lakes System on the health of persons in Great Lakes
    States and the health of fish,  shellfish, and wildlife in the
    Great Lakes System. In conducting research in support of this
    report, the Administrator may, where appropriate, provide for
    research to be conducted under cooperative agreements with
    Great Lakes States.
        (B) There is authorized to be appropriated to the Adminis-
    trator to carry out this section not to exceed $3,000,000 for
    each of fiscal years 1992, 1993, and 1994.
    (f) INTERAGENCY COOPERATION.—The head of each department,
agency, or other instrumentality of the Federal Government which
is engaged in, is concerned with, or has authority over programs
relating to research, monitoring,  and  planning to  maintain, en-
hance, preserve, or rehabilitate the environmental Quality and nat-
ural resources of the Great Lakes, including the Chief of Engineers
of the Army, the Chief of the Soil Conservation Service, the Com-
mandant of the Coast Guard, the Director of the Fish and Wildlife
Service, and the Administrator of the National Oceanic and Atmos-
pheric  Administration,  shall submit an annual report to the Ad-
ministrator with respect to the activities of that agency or office af-
fecting compliance with the Great Lakes Water Quality Agreement
of 1978.

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35
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 119
Sec. 119
FEDERAL WATER POLLUTION CONTROL ACT
36
    (g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND
 INTERNATIONAL TREATIES.—Nothing  in this section shall be con-
 strued to affect the jurisdiction, powers, or prerogatives of any de-
 partment, agency, or officer of the Federal Government or of any
 State government, or of any tribe, nor any powers, jurisdiction, or
 prerogatives of any international body created by treaty with au-
 thority relating to the Great Lakes.
    (h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.—There
 are authorized to be appropriated to the Administrator to carry out
 this section not to exceed $11,000,000 per fiscal year for the fiscal
 years 1987, 1988, 1989, and 1990. and $25,000,000 for fiscal year
 1991. Of the amounts appropriated each fiscalyear—
        (1) 40 percent shall be used  by the Great Lakes National
    Program Office on demonstration projects on the feasibility of
    controlling and removing toxic pollutants;
        (2) 7 percent shall oe used by the Great Lakes National
    Program Office for the program of nutrient monitoring; and
        (3) 30 percent or $3,300,000, whichever is the lesser, shall
    be transferred to the National Oceanic and Atmospheric Ad-
    ministration for use by the Great Lakes Research Office.
 (33 U.S.C. 1268)
    SEC. 119. LONG ISLAND SOUND.—(a) The Administrator shall
 continue the  Management Conference of the Long Island Sound
 Study (hereinafter referred to as the  "Conference") as established
  Sirsuant to section 320 of this Act,  and shall establish an office
  ereinafter referred to as the "Office") to be  located on or  near
 Long Island Sound.
    (b)  ADMINISTRATION AND  STAFFING  OF OFFICE.—The Office
 shall be headed by a Director, who shall be detailed by the Admin-
 istrator, following consultation with the Administrators of EPA re-
 gions  I and II, from among the employees of the Agency who are
 in civil  service. The Administrator shall delegate to the  Director
 such authority and detail such additional staff as may be necessary
 to carry out the duties of the Director under this section.
    (c) DUTIES OF THE  OFFICE.—The  Office shall assist the Man-
agement Conference of the Long Island Sound Study in carrying
out its goals. Specifically, the Office shall—
        (1) assist and  support the implementation of the Com-
     Krehensive Conservation and Management Plan for Long Is-
     md Sound developed pursuant to section 320 of this Act;
        (2) conduct or  commission studies deemed necessary for
    strengthened implementation of the Comprehensive Conserva-
    tion and Management Plan including, but not limited to—
           (A) population  growth and the adequacy of wastewater
        treatment facilities,
           (B) the use of biological methods for nutrient removal
        in sewage treatment plants,
           (C) contaminated sediments, and dredging activities,
           (D) nonpoint source pollution abatement and land use
        activities in the Long Island Sound watershed,
           (E) wetland protection and restoration,
           (F) atmospheric deposition of acidic and other pollut-
        ants into Long Island Sound,
                                                              (G) water quality requirements to sustain fish, shell-
                                                          fish, and wildlife populations, and the use of indicator spe-
                                                          cies to assess environmental quality,
                                                              (H) State water quality programs, for their adequacy
                                                          pursuant  to  implementation  of the Comprehensive Con-
                                                          servation and Management Plan, and
                                                              (I) options for long-term financing of wastewater treat-
                                                          ment projects and water pollution control programs.
                                                          (3) coordinate the grant, research and planning programs
                                                      authorized under this section;
                                                          (4) coordinate activities  and implementation responsibil-
                                                      ities with other Federal agencies  which have jurisdiction over
                                                      Long Island Sound  and with  national and regional marine
                                                      monitoring and research programs established pursuant to the
                                                      Marine Protection, Research, and Sanctuaries Act;
                                                          (5) provide administrative and technical support to the
                                                      conference;
                                                          (6) collect and make available to  the public publications,
                                                      and other forms of information the conference determines to be
                                                      appropriate, relating to the environmental quality of Long Is-
                                                      land Sound;
                                                          (7) not more than two years after the date of the issuance
                                                      of  the  final Comprehensive  Conservation and Management
                                                      Plan for Long Island Sound under section 320 of this Act, and
                                                      biennially thereafter, issue a report to the Congress which—
                                                             (A) summarizes the progress  made by  the  States in
                                                          implementing the Comprehensive Conservation and Man-
                                                          agement Plan;
                                                             (B) summarizes any modifications to the Comprehen-
                                                          sive Conservation and Management Plan in the twelve-
                                                          month period immediately preceding such report; and
                                                             (C) incorporates specific recommendations concerning
                                                          the  implementation of the Comprehensive Conservation
                                                          and Management Plan; and
                                                          (8)  convene conferences BJid meetings for legislators from
                                                      State governments and  political subdivisions thereof for  the
                                                      purpose of making recommendations for coordinating legisla-
                                                      tive efforts to facilitate the environmental restoration of Long
                                                      Island Sound and the implementation of the Comprehensive
                                                      Conservation and Management Plan.
                                                      (d) GRANTS.—(1)  The Administrator is authorized  to  make
                                                  grants for projects and studies which will help implement the Long
                                                  Island Sound Comprehensive Conservation and Management Plan.
                                                  Special emphasis shall be given to implementation, research and
                                                  planning, enforcement, and citizen involvement and education.
                                                      (2) State, interstate, and regional water pollution control agen-
                                                  cies, and other public or nonprofit private agencies, institutions,
                                                  and organizations held to be eligible  for grants pursuant to this
                                                  subsection.
                                                      (3) Citizen involvement and citizen education grants under this
                                                  subsection  shall not exceed  95 per centum of the costs of such
                                                  work. All other grants under this subsection shall  not exceed 50
                                                  per centum of the research, studies, or work. All granta shall be

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 37
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 120
                                                    Sec. 120
                            FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                              38
 made on the condition that the non-Federal share of such costs are
 provided from non-Federal sources.
    (e)  AUTHORIZATIONS.—(1) There  is authorized to be appro-
 priated  to the Administrator for the implementation of this section,
 other than subsection (d), such sums as may be necessary for each
 of the fiscal years 1991 through 2001.
    (2) There is authorized to be appropriated to the Administrator
 for the  implementation of subsection  (d) not to exceed $3,000,000
 for each of the fiscal years 1991 through 2001.
 (33 U.S.C. 1269)

          LAKE CHAMPLAIN MANAGEMENT CONFERENCE

    SEC. 120. (a) ESTABLISHMENT.—There is established a Lake
 Champlain Management  Conference  to develop a comprehensive
 pollution prevention, control, and restoration plan for Lake Cham-
 plain. The Administrator shall convene the management conference
 within ninety days of the date of enactment of this section.
    (b)  MEMBERSHIP.—The Members  of  the  Management Con-
 ference shall be comprised of—
        (1) the Governors of the States of Vermont and New York;
        (2) each interested Federal agency, not to exceed a total of
    five members;
        (3) the  Vermont and New York Chairpersons of the Ver-
    mont, New York, Quebec Citizens Advisory  Committee for the
    Environmental Management of Lake Champlain;
        (4) four representatives of the State legislature of Ver-
    mont;
        (5) four representatives of the State legislature of New
    York;
        (6) six persons representing local  governments having ju-
    risdiction over any land or water within the Lake Champlain
    basin, as determined appropriate by the Governors; and
        (7) eight  persons  representing affected industries, non-
    governmental organizations, public and private educational in-
    stitutions, and the general public, as  determined  appropriate
    by tiie trigovernmental Citizens Advisory Committee for  the
    Environmental Management of Lake Champlain, but not to be
    current members of the Citizens Advisory Committee.
    (c) TECHNICAL ADVISORY COMMITTEE.—(1)  The Management
Conference shall, not later than one hundred and twenty days after
the date of enactment of this section, appoint a Technical Advisory
Committee.
    (2) Such Technical Advisory Committee shall consist of officials
of: appropriate departments and agencies  of the Federal Govern-
ment; the State governments of New York and Vermont; and gov-
ernments of political subdivisions of such  States; and public and
private research institutions.
    (d)  RESEARCH PROGRAM.—<1)l  The Management  Conference
shall establish a  multi-disciplinary environmental  research pro-
gram for Lake Champlain. Such research program shall be planned
        No paragraph (2). SM P.L, 101496. MC. 303.104 But 3006.
                                                    and conducted jointly with the Lake Champlain Research Consor-
                                                    tium.
                                                        (e)  POLLUTION  PREVENTION,  CONTROL,  AND  RESTORATION
                                                    PLAN.—<1) Not later than three years after the date of the enact-
                                                    ment of this section, the Management Conference shall  publish a
                                                    pollution prevention, control, and restoration plan (hereafter in this
                                                    section referred to as the "Plan") for Lake Champlain.
                                                        (2) The Plan developed pursuant to this section shall—
                                                            (A) identify  corrective actions and compliance  schedules
                                                        addressing point and nonpoint sources of pollution necessary to
                                                        restore and maintain the chemical, physical, and biological in-
                                                        tegrity  of water quality, a balanced, indigenous population of
                                                        shellfish, fish and wildlife, recreational, and economic activities
                                                        in and on the lake;
                                                            (B) incorporate environmental management concepts and
                                                        programs established in State and Federal plans and programs
                                                        in effect at the time of the development of such plan;
                                                            (C) clarify the duties of Federal and State agencies in pol-
                                                        lution prevention and control activities, and to the extent al-
                                                        lowable by law,  suggest a  timetable for adoption by the appro-
                                                        priate Federal and State  agencies to accomplish such  duties
                                                        within a reasonable period of time;
                                                            (D) describe the methods and schedules for funding of pro-
                                                        grams, activities, and projects identified in the Plan, including
                                                        the use of Federal funds and other sources of funds; and
                                                            (E) include a strategy for pollution prevention and control
                                                        that includes the promotion of pollution prevention and man-
                                                        agement practices to reduce the amount of pollution generated
                                                        in the Lake Champlain basin.
                                                        (3) The Administrator, in  cooperation  with  the Management
                                                    Conference, shall provide for  public review and comment on the
                                                    draft Plan. At  a minimum, the Management Conference shall con-
                                                    duct one public meeting to hear comments on the draft plan in the
                                                    State of New York and one such meeting in the State of Vermont.
                                                        (4) Not less than one hundred and twenty days after the publi-
                                                    cation of the Plan required pursuant to this section, the Adminis-
                                                    trator shall approve such plan if the plan meets the requirements
                                                    of this section and the  Governors of the States of New  York and
                                                    Vermont concur.
                                                        (5) Upon approval of the  plan,  such plan shall be deemed to
                                                    be an approved management program  for the  purposes of section
                                                    319(h) of this Act and such plan shall be deemed to be an approved
                                                    comprehensive conservation and management plan pursuant to sec-
                                                    tion 320 of this Act.
                                                        (f) GRANT  ASSISTANCE.—(1) The Administrator  may, in con-
                                                    sultation with the Management Conference, make grants to State,
                                                    interstate, and regional water pollution control agencies, and public
                                                    or nonprofit agencies, institutions, and  organizations.
                                                        (2) Grants  under this subsection shall be made for assisting re-
                                                    search, surveys, studies, and modeling and technical and support-
                                                    ing work necessary for the development of the Plan and for retain-
                                                    ing expert consultants in support of litigation undertaken by the
                                                    State of New York and the State of Vermont to compel cleanup or

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 39
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 201
 obtain cleanup damage costs from persons responsible for pollution
 of Lake Champlain.
    (3) The amount of grants to any person under this subsection
 for a fiscal year shall not exceed 75 per centum of the costs of such
 research, survey, study and  work and shall be made available on
 the condition  that non-Federal share of such costs are provided
 from non-Federal sources.
    (4) The Administrator may establish such requirements for the
 administration of grants as he determines to be appropriate.
    (g) DEFINITION.—For the purposes of this section, the term
 "Lake  Champlain drainage basin"  means  all or part of Clinton,
 Franklin, Warren, Essex, and Washington counties in the State of
 New York and all or part of Franklin, Grand Isle, Chittenden,
 Addison, Rutland, Lamoille,  Orange,  Washington, Orleans, and
 Caledonia counties in Vermont, that contain all of the streams, riv-
 ers, lakes, and other bodies of water, including wetlands, that drain
 into Lake Champlain.
    (h) STATUTORY INTERPRETATION.—Nothing in this section shall
 be construed so as to affect the jurisdiction or powers of—
        (1) any department or agency of the Federal Government
    or any State government; or
        (2) any international organization or entity related to Lake
    Champlain created by treaty or memorandum to which the
    United States is a signatory.
    (i) AUTHORIZATION.—There are authorized to be appropriated
 to the  Environmental Protection Agency to carry out this section
 $2,000,000 for each of fiscal years 1991,  1992, 1993, 1994, and
 1995.
 (33 U.S.C. 1270)

  TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT
                           WORKS

                           PURPOSE

    SEC. 201. (a) It is the purpose of this title to require and to as-
 sist the development and implementation of waste treatment man-
 agement plans and practices which will  achieve the goals of this
Act.
    (b) Waste treatment management plans  and practices  shall
provide for the application of the best practicable waste treatment
technology before any discharge into receiving waters, including re-
claiming and recycling of water, and confined disposal of pollutants
so they will not migrate to cause water or other environmental pol-
lution and shall provide for consideration of advanced waste treat-
ment techniques.
    (c) To  the extent practicable,  waste treatment management
shall be on an areawide basis and provide  control or treatment  of
all point and nonpoint sources of pollution, including in place or ac-
cumulated pollution sources.
    (d) The Administrator shall encourage waste treatment  man-
agement which results in the construction of revenue producing fa-
cilities  providing for—
                                                                     Sec. 201
                                                                     FEDERAL WATER POLLUTION CONTROL ACT
                                                                         40
                                                             (1) the recycling of potential sewage pollutants through the
                                                          production of agriculture, silviculture, or aquaculture products,
                                                          or any combination thereof;
                                                             (2) the confined and contained disposal of pollutants not
                                                          recycled;
                                                             (3) the reclamation of wastewater; and
                                                             (4) the ultimate disposal of sludge in a manner that will
                                                          not result in environmental hazards.
                                                          (e) The Administrator shall  encourage  waste treatment man-
                                                      agement which results in integrating  facilities for sewage treat-
                                                      ment and  recycling with facilities to treat, dispose of, or utilize
                                                      other industrial and municipal wastes, including but not limited to
                                                      solid waste and waste heat and thermal discharges. Such  inte-
                                                      grated facilities shall be designed and operated to produce revenues
                                                      in excess of capital and operation and maintenance costs and such
                                                      revenues shall be used by  the  designated regional management
                                                      agency to aid in financing other environmental improvement pro-
                                                      grams.
                                                         (0 The Administrator shall  encourage waste treatment man-
                                                      agement which combines "open  space" and recreational  consider-
                                                      ations with such management.
                                                         (gXD The Administrator is authorized to make grants to any
                                                      State, municipality, or intermunicipal or interstate agency for the
                                                      construction of publicly owned treatment works. On and after Octo-
                                                      ber 1, 1984, grants under this title shall be made only for projects
                                                      for secondary treatment or more stringent treatment,  or any cost
                                                      effective alternative thereto, new interceptors and appurtenances,
                                                      and  infiltration-in-flow correction. Notwithstanding the preceding
                                                      sentences, the Administrator may make grants on and alter Octo-
                                                      ber 1, 1984, for (A) any project within the  definition set forth in
                                                      section 212(2) of this Act, other than for a project referred to in the
                                                      preceding sentence, and (B) any purpose for which a grant may be
                                                      made under sectionsl 319 (h) and (i) of this Act (including any in-
                                                      novative  and alternative approaches for the control  of  nonpoint
                                                      sources of pollution), except that  not more than 20 per centum (as
                                                      determined by the Governor of the State) of the amount allotted to
                                                      a State under section 205 of this Act for any fiscal year shall be
                                                      obligated in such State under authority of this sentence.
                                                         (2) The Administrator shall  not make grants from funds au-
                                                      thorized for any fiscal year beginning after June 30, 1974, to any
                                                      State, municipality, or intermunicipal or interstate agency for the
                                                      erection,  building, acquisition,  alteration,  remodeling,  improve-
                                                      ment, or extension of treatment works  unless the grant applicant
                                                      has satisfactorily demonstrated to the Administrator that—
                                                            (A) alternative waste management  techniques have been
                                                         studied'and evaluated and the works proposed for grant assist-
                                                         ance will provide for the application of the best practicable
                                                         waste treatment technology over the life of the works consist-
                                                         ent with the purposes of this title; and
                                                            (B) as appropriate, the works proposed for grant assistance
                                                         will take  into account and allow to the  extent practicable the
                                                         application  of technology at a later date  which will provide for
                                                                      i So in ori(iMl. Probably should b» -section".

-------
 §®e.
       reclaiming or recydrag of water or otherwise eliminate the
       .      .. ^ M  .   r    *"
             of
    (3) The Admimstorsitor shall not approve any grant after July
 1, 1973, for treatment works under this section unless the appli-
 cant shows to the satisfaction of the Administrator that each sewer
 collection system discharging into such treatment works is not sub-
ject to excessive infiltration.
    (4) The Administrator is authorized to make .grants to appli-
 cants for treatment works grants under this section for such sewer
 system evaluation studies as may be necessary to carry out the re-
 quirements of paragraph (3) of this subsection. Such  grants shall
 be made in accordance with rules and regulations promulgated bv
 the Administrator. Initial rales and regulations shall be  promul-
 gated under this paragraph not later than 120 days after the date
 of enactment of the Federal 'Water Pollution Control  Act  Amend-
 ments of 1972.
    (5) The Administrator shall not make grants from funds au-
 thorized for any fiscal year beginning after September 30,  1978, to
 any State, municipality,  or intermunicipal or interstate agency for
 the erection, building, acquisition, alteration, remodeling. Improve-
 ment, or extension oil treatment works unless the grant applicant
 has satisfactorily demonstrated to the Administrator that innova-
 tive  and alternative wastewater treatment processes and  tech-
 niques  which  provide for the reclaiming and reuse of water, other-
 wise eliminate  the discharge of pollutants,  and utilize recycling
 techniques, land treatment,  new or improved  methods of waste
 treatment management  for municipal and industrial waste (dis-
 charged into municipal systems) and the confined disposal of pol-
 lutants, so that pollutants will not migrate to cause water or other
 environmental pollution,  have been  fully studied and evaluated by
 the applicant taking into account section 201(d) of this Act and tak-
 ing into account and allowing to the extent practicable  the more ef-
ficient use of energy and  resources.
    (6) The Administrator shall not make grants from funds au-
 thorized for any fiscal year beginning after September 30,  1978, to
 any State, municipality,  or intermunicipal or interstate agency for
the erection, building, acquisition, alteration, remodeling, improve-
ment, or extension of treatment works unless the grant applicant
has satisfactorily demonstrated to the Administrator that the appli-
cant has analyzed the potential recreation and open space opportu-
nities in the planning of the proposed treatment works.
    (h) A grant may b® made trader this section to construct a pri-
 vately owned  treatment  works serving one or more principal resi-
 dences  or small commercial establishments  constructed prior to,
 and inhabited on th® date of enactment of this subsection where
 the Administrator finds that—
        (1) a  public body otherwise eligible for a grant under sub-
    section (g) of this section has applied on behalf of  a number of
    such units  and certified that public ownership of such works
    is not feasible;
        (2) such public body has entered into an agreement with
    the Admimsteatoir  which guarantees  fehafe  such treatment
           "" b® properly operated and msmtaimed and will com-
     includes a system of charges to assure that each recipient of
     waste treatment services under such a grant will pay its pro-
     portionate share of the cost of operation and maintenance (in-
     cluding replacement); and
        (3) the total cost and  environmental  impact of providing
     waste treatment services to such residences or commercial es-
     tablishments will be less than  the cost of providing a system
     of collection and central treatment of such wastes.
     (i) The Administrator shall encourage waste treatment man-
 agement  methods, processes, and  techniques  which will reduce
 total energy requirements.
     (j) The Administrator is authorized to make a grant for any
 treatment works utilizing processes and  techniques meeting the
 guidelines promulgated under section 304(d)(3) of this Act, if the
 Administrator determines it is  in the public interest and if in the
 cost effectiveness study made of the construction grant application
 for the purpose of evaluating alternative treatment works, the life
 cycle cost of the treatment works for which the grant is to be made
 does not exceed the  life cycle cost of the most  effective alternative
 by more than 16 por centum.
     (k) No grant  mad® after November 15,  1981, for a publicly
 owned treatment works, other  than for facility planning and the
 preparation of construction plans and specifications, shall be used
 to treat, store,  or convey the flow of any industrial user into such
 treatment works in  excess of a flow  per day equivalent  to  fifty
 thousand  gallons per day  of sanitary waste. This subsection shall
 not apply to any project proposed by a grantee which is carrying
 out an approved project to prepare construction plans and specifica-
 tions for a facility to treat wastewater, which received its grant ap-
 proval before May 15,  1980. This subsection shall not be in effect
 after November 15, 1981.
    (1)(1)  After the date of enactment of this  subsection, Federal
 grants shall not be made for the purpose of providing assistance
 solely for  facility plans, or plans, specifications, and estimates for
 any  proposed project for the construction  of treatment works. In
 the event  that the  proposed project receives a grant under this sec-
 tion  for construction, the Administrator shall make an allowance in
 such grant for non-Federal funds expended during the facility plan-
 ning and advanced engineering  and  design phase at the prevailing
 Federal share under section 202(a)  of this Act, based on the per-
 centage of total project costs which  the Administrator determines
 is the general experience for such projects.
    (2XA) Each State shall use a portion of the funds allotted to
 such State each fiscal year, but not to exceed 10 per centum of such
 funds, to advance to  potential grant  applicants  under this title the
 costs of facility planning or the preparation of plans, specifications,
 and estimates.
    (B) Such an advance shall be limited to the allowance for such
 costs which the Administrator establishes  under paragraph (1) of
 this subsection, and shall be provided only to a potential grant ap-
 plicant which is a  small community  and which in the judgment of
 the State  would otherwise be unable to prepare a request for  a
grant for construction coats wider this section.

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43
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 202
Sec. 202
    (C) In the event a grant for construction costs is made under
this section  for a project for which  an advance has been  made
under this paragraph, the Administrator shall reduce the amount
of such grant by the allowance established under paragraph (1) of
this subsection. In the event no such grant is made, the State is
authorized to seek repayment of such advance on such terms and
conditions as it may  determine.
    (mXD Notwithstanding any other provisions of this title, the
Administrator is authorized to make a grant from any funds other-
wise allotted to the State of California under section 205 of this Act
to the  project (and in the amount) specified in Order WQG 81-1
of the California State Water Resources Control Board.
    (2) Notwithstanding any other provision of this Act, the Ad-
ministrator shall make a grant  from  any funds otherwise allotted
to the State of California to the city of Eureka, California, in con-
nection with project  numbered C-06-2772,  for the purchase of one
hundred and thirty-nine acres of property as environmental mitiga-
tion for siting of the  proposed treatment plant.
    (3) Notwithstanding any other provision of this Act, the Ad-
ministrator shall make a grant  from  any funds otherwise allotted
to the  State of California to the city of San Diego, California,  in
connection with that city's aquaculture sewage process (total  re-
sources recovery system) as an innovative and alternative waste
treatment process.
    (nXD On and after October 1, 1984, upon  the request of the
Governor of an affected State, the Administrator is authorized  to
use  funds available to such State under section 205 to  address
water quality problems due to the impacts of discharges from com-
bined storm water and sanitary sewer overflows, which are not oth-
erwise  eligible under this subsection,  where correction of such dis-
charges is a major priority for such State.
    (2) Beginning fiscal year 1983, the Administrator shall have
available (200,000,000 per fiscal year in addition to those funds
authorized in section 207 of this Act to be utilized to address water
quality problems of marine bays and estuaries subject to lower lev-
els of water quality due to the impacts of discharges from combined
storm water  and sanitary sewer overflows from adjacent urban
complexes, not otherwise eligible under this subsection. Such sums
may be used as deemed appropriate by the Administrator as pro-
vided in paragraphs  (1) and (2) of this subsection, upon the request
of and  demonstration of water quality benefits by the Governor of
an affected State.
    (o) The Administrator shall encourage and assist applicants for
grant assistance under this title to develop and file  with the Ad-
ministrator a capital financing plan which, at a minimum—
       (1)  projects  the  future requirements for waste  treatment
    services  within  the applicant's jurisdiction  for a period of no
    less than ten years;
       (2) projects  the nature,  extent, timing, and costs of future
    expansion and reconstruction of treatment works which will be
    necessary to satisfy the applicant's projected future require-
    ments for waste treatment services; and
FEDERAL WATER POLLUTION CONTROL ACT
44
                                                               (3) sets forth with specificity the manner in which the ap-
                                                           plicant intends  to finance such future expansion  and recon-
                                                           struction.
                                                           (p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case
                                                       in which a dispute arises with respect to the awarding of a contract
                                                       for construction of treatment works by a grantee  of funds under
                                                       this title and a party to such dispute files an appeal with the Ad-
                                                       ministrator under this title for resolution of such dispute, the Ad-
                                                       ministrator shall make a final decision on such appeal within 90
                                                       days of the filing of such appeal.
                                                       (33 U.S.C. 1281)

                                                                              FEDERAL SHARE

                                                          SEC. 202. (aXD The amount of any grant for treatment works
                                                       made under this Act from funds authorized for any fiscal year be-
                                                       ginning after June 30, 1971,  and ending before October 1,  1984,
                                                       shall be 75 per centum of the cost of construction  thereof (as ap-
                                                       proved by the Administrator), and for any fiscal year beginning on
                                                       or after October 1, 1984, shall be 55 per centum of  the cost of con-
                                                       struction thereof (as approved by the Administrator), unless modi-
                                                       fied  to a lower  percentage rate uniform throughout a State by the
                                                       Governor of that State with the concurrence of the Administrator.
                                                       Within ninety days after the enactment of this sentence the Admin-
                                                       istrator, shall issue guidelines for concurrence in any such modi-
                                                       fication,  which  shall provide  for the consideration of the unobli-
                                                       gated balance of sums allocated to the  State under section 205 of
                                                       this Act, the need for assistance under this title in such State, and
                                                       the availability of State  grant assistance to replace the Federal
                                                       share reduced by such modification. The payment of any  such re-
                                                       duced Federal share  shall not constitute an obligation on  the part
                                                       of the United States or a claim on the part of any State or grantee
                                                       to reimbursement for the portion of the Federal share reduced in
                                                       any such State. Any grant (other than for reimbursement) made
                                                       prior to the  date of enactment of the Federal Water Pollution Con-
                                                       trol Act Amendments of 1972 from  any funds authorized for any
                                                       fiscal year beginning alter June 30, 1971, shall, upon the request
                                                       of the applicant, be increased to the applicable percentage under
                                                       this section. Notwithstanding  the first sentence of this paragraph,
                                                      in any case  where a  primary, secondary, or advanced waste treat-
                                                       ment facility or its related interceptors or a project for infiltration-
                                                      in-flow correction has received a grant for erection, building, acqui-
                                                      sition, alteration, remodeling, improvement, extension, or correc-
                                                      tion before October 1, 1984, all segments and phases of such facil-
                                                      ity, interceptors, and project for infiltration-in-flow correction shall
                                                      be eligible for grants at 75 per centum of the cost of construction
                                                      thereof for any  grant made pursuant to a State obligation which
                                                      obligation occurred before October 1, 1990. Notwithstanding the
                                                      first sentence of this  paragraph, in the  case of a project for which
                                                      an application for a grant under this title has been made to the Ad-
                                                      ministrator before October 1, 1984, and which project is under judi-
                                                      cial injunction  on such date prohibiting its  construction, such
                                                      project shall be  eligible for grants at 75 percent of the cost of con-
                                                      struction thereof. Notwithstanding the first sentence of this para-

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graph, in the case of the Wyoming Valley Sanitary Authority
project maadated by judicial order winder a proceeding begun prior
to October 1, 1984, sand a project for wastewater treatment for A!-
toona, Pennsylvania, such projects shall be eligible for grants at 75
pe?sent of the cost of construction thereof.
    (2) The  amount of any grant made agter September 30, 1978,
and before October 1, 1981, for any eligible treatment works or sig-
nificant  portion thereof  utilizing   innovative  or  alternative
wastewater  treatment prcces'ses ani techniques referred to in sec-
tion 201(gX5) shall be 85 per centum of the cost of construction
thereof, unless modified by the Governor of the State with the con-
currence of the Administrator to a percentage rate no less than 15
per centum  greater than the  modified uniform percentage rat® in
which the Administrator has  concurred pursuant to paragraph (1)
of'this subsection. The amount of any grant made after September
30, 1981, for any eligible treatment works  or unit processes and
tethinques -thereof utilizing innovative or alternative  wastewater
treatment processes and techniques referred to in section 201(gX5)
shall be a percentage of the eost of construction thereof equal to 20
per centum greater than the percentage in effect under paragraph
(I) of this subsection  for such works or unit processes and tech-
niques, but in no event greater than 85 per centum of the cost of
construction thereof. No grant shall be made under this paragraph
for construction of a treatment works in any State unless the pro-
portion of the State contribution to the non-Federal share of con-
struction costs for all treatment works in such State  receiving  a
grant under this paragraph is the same as or greater than the pro-
portion of the State contribution (if any) to  the non-Federal share
of construction costs  for all treatment works receiving grants in
such State under paragraph (1) of this subsection.
    (3) In addition to any grant made pursuant  to paragraph (2)
of this subsection, the Administrator is authorized to make a grant
to fund all of the costs of the modification or replacement of any
facilities constructed with a grant made pursuant to paragraph (2)
if the Administrator finds that such facilities have not met design
performance specifications unless such failure is attributable to
negligence on the part of any person and if such failure has signifi-
cantly increased capital or operating and maintenance expendi-
tures. In addition, the Administrator is authorized to make a grant
to fund all of the costs of the modification or replacement of biodisc
equipment (rotating biological contractors) in any publicly owned
treatment works if the Administrator finds that such equipment
has failed to meet  design performance specifications, unless such
failure is attributable to  negligence on the part of any person, and
if such failure has significantly increased capital or operating and
maintenance expenditures.
    (4) For  the purposes of this section, the term "eligible treat-
ment  works" means those treatment works in each Slate which
meet the requirements of section 201(gX5) of this Act and which
can be folly funded from funds available for such purpose in such
                              rauoiioa eoanoi. an
  or acquisition of which was-not commenced prior to July 1,
  shall, upon the request of the applicant, be increased to the appli-
  cable percentage under subsection (a) of this .section for grants for
  treatment works from funds for fiscal years beginning alter June
  30, 1971, with respect to the cost of such actual erection, building,
  or acquisition. Such increased amount shall be paid from any wanes
  allocated to the State in which the treatment works is located with-
  out regard to the fiscal year for which such funds were authorized.
  Such increased amount shall be paid for such project only if—
         (1) a sewage collection system that is a part of the same
     total waste treatment system as the treatment works for which
     such grant was approved is under construction or is to be con-
     structed for use in conjunction with such treatment works, and
     if the cost of such sewage collection system exceeds the cost of
     such treatment works, and
         (2) the State water pollution control agency or other appro-
     priate State authority certifies  that the quantity of available
     ground water will be insufficient, inadequate, or unsuitable for
     public use, including the ecological preservation and  rec-
     reational use of surface water bodies, unless effluents from
     publicly-owned treatment works after adequate treatment are
     returned to the ground water consistent with acceptable tech-
     nological standards.
     (c) Notwithstanding any other provision of law, sums allotted
 to the Commonwealth of Puerto Rico under section 205 of this Act
 for fiscal year 1981 shall remain available for obligation for the fis-
 cal year for which authorized and for the period of the next suc-
 ceeding twenty-four months. Such sums and any unobligated funds
 available to Puerto Rico from allotments for  fiscal years ending
 prior to October I, 1981, shall be available for obligation by the Ad-
 ministrator of the Environmental Protection Agency only to fund
 the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
 Camuy Hatillo. These funds may be used by the Commonwealth of
 Puerto Rico to fund the non-Federal share of the costs of such
 projects. To the extent that these ffxmds are used to  pay the non-
 Federal share, the Commonwealth of Puerto Rico shall repay to the
 Environmental Protection Agency such amounts on terms and con-
' ditions_developed and approved by the Administrator in consulta-
 tion with  the Governor of the Commonwealth of  Puerto Rico.
 Agreement on such terms and conditions including the payment of
 interest to be determined  by the  Secretary of the Treasury, shall
 be reached prior to the use of these  funds for the Commonwealth's
 non-Federal share. No Federal funds awarded under this provision
 shall be used to  replace local governments funds previously ex-
 pended on these projects.
 (33 U.S.C. 11282)

         PLANS, SPECOTCATIONS, ESTIMATES, AND PAYMENTS

     SEC. 203. (aXl) Each applicant for a grant shall submit to the
 Administrator for his approval, plans, specifications, and estimates
 for each proposed project for fehe construction of treatment works
 for which a grant is applied for under section 201feXl) from fasd®

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 47
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 203
Sec. 203
 the requirements  of this Act. The Administrator shall act upon
 such plans, specifications, and estimates as soon as  practicable
 after the same have been submitted, and his approval of any such
 plans, specifications, and estimates shall be deemed a contractual
 obligation of the United States for the payment of its proportional
 contribution to such project.
        (2) AGREEMENT ON ELIGIBLE COSTS.—
            (A) LIMITATION  ON  MODIFICATIONS.—Before  taking
        final  action on any  plans, specifications, and  estimates
        submitted under this subsection after the 60th day  follow-
        ing the date of the enactment of the Water Quality Act of
        1987, the  Administrator shall enter into a written  agree-
        ment with the applicant which establishes and specifies
        which items of the proposed project are eligible for Federal
        payments  under this section. The Administrator may not
        later modify such eligibility determinations unless they are
        found to have been made in violation of applicable Federal
        statutes and regulations.
            (B) LIMITATION ON EFFECT.—Eligibility determinations
        under this paragraph shall not preclude the Administrator
        from auditing a project pursuant to section 501 of this Act,
        or other authority, or from withholding  or recovering Fed-
        eral funds for costs which are found  to be unreasonable,
        unsupported by adequate documentation, or otherwise un-
        allowable  under applicable  Federal  costs principles,  or
        which are  incurred on aproject which fails to meet the de-
        sign specifications or effluent limitations contained  in the
        grant agreement and permit pursuant to section 402 of
        this Act for such project.
    (3) In the case of a treatment works that  has an estimated
total  cost of $8,000,000 of less (as determined by the Adminis-
trator), and the population of the applicant municipality is twenty-
five thousand  or less (according to the most recent United  States
census), upon completion of  an  approved  facility plan,  a  single
grant may be  awarded for the combined Federal share of the cost
of preparing construction plans and specifications, and the building
and erection of the  treatment works.
    (b) The Administrator shall, from time to time as the work pro-
gresses, make  payments to the recipient of a grant for costs of con-
struction incurred  on a project. These payments shall at no time
exceed the Federal  share of the cost of construction incurred  to the
date of the voucher covering such payment plus the Federal share
of the value of the  materials which have been  stockpiled in the  vi-
cinity of such construction in conformity to plans ana specifications
for the project.
    (c) After completion of a project and  approval of the final
voucher by the Administrator, he shall pay out of the appropriate
sums the unpaid balance of the Federal share payable on account
of such project.
    (d) Nothing in  this Act shall be construed  to require, or  to au-
thorize the Administrator to require, that grants under this Act for
construction of treatment works be made only for projects  which
are operable unite usable for sewage collection, transportation,
FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                                  48
                                                       storage, waste  treatment, or for similar purposes  without  addi-
                                                       tional construction.
                                                           (e) At the request of a grantee under this title, the Adminis-
                                                       trator is authorized to provide technical and legal assistance in the
                                                       administration and enforcement of any contract in connection with
                                                       treatment works assisted  under this title, and to intervene any
                                                       civil action involving the enforcement of such a contract.
                                                           (0 DESIGN/BUILD PROJECTS.—
                                                            ,  (1) AGREEMENT.—Consistent with State law, an  applicant
                                                           who proposes to construct waste water treatment works may
                                                           enter into an agreement with the Administrator  under this
                                                           subsection providing for the preparation of construction plans
                                                           and specifications and the erection of such treatment works, in
                                                           lieu of proceeding under the other provisions of this section.
                                                              (2) LIMITATION ON PROJECTS.—Agreements under this sub-
                                                           section shall be limited to projects under an approved facility
                                                           plan which projects are—
                                                                  (A) treatment works that have an estimated total cost
                                                              of $8,000,000 or less; and
                                                                  (B)  any  of the following types of waste water treat-
                                                              ment  systems: aerated lagoons, trickling filters, stabiliza-
                                                              tion ponds, land application systems, sand filters, and  sub-
                                                              surface disposal systems.
                                                              (3) REQUIRED TERMS.—An agreement  entered into under
                                                          this subsection shall—
                                                                 (A) set forth an amount agreed to as the maximum
                                                              Federal contribution to the project, based upon a competi-
                                                              tively  bid  document of basic design data  and  applicable
                                                              standard construction specifications  and a determination
                                                              of the  federally eligible costs of the project at the applica-
                                                              ble Federal share under section 202 of this Act;
                                                                 (B) set forth dates for the start and completion of con-
                                                              struction of the  treatment works by the applicant and  a
                                                              schedule of payments of the Federal contribution to the
                                                             project;
                                                                 (C) contain assurances by the applicant that (i) engi-
                                                             neering and management assistance will be provided to
                                                             manage the project; (ii) the proposed treatment works  will
                                                             be an operable unit and will meet all the requirements of
                                                             this title; and (iii) not later than 1 year after the date spec-
                                                             ified as tiie date of completion of construction of the treat-
                                                             ment works, the treatment works will be operating so as
                                                             to meet the requirements of any applicable permit for such
                                                             treatment works under section 402 of this Act;
                                                                 (D) require the applicant to obtain a bond from  the
                                                             contractor in an amount determined necessary by the Ad-
                                                             ministrator to protect the  Federal interest in the  project;
                                                             and
                                                                (E) contain such other terms and conditions as are
                                                             necessary to assure compliance with  this title (except as
                                                             provided in paragraph (4) of this subsection).
                                                            (4) LIMITATION ON APPLICATION.—Subsections (a), (b), and
                                                         (c) of this section shall not apply to grants made pursuant to
                                                         this subsection.

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49
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 204
Sec. 204
FEDERAL WATER POLLUTION CONTROL ACT
50
        (5) RESERVATION TO ASSURE COMPLIANCE.—The Adminis-
    trator shall reserve a portion of the grant to assure contract
    compliance until final project approval as defined by the Ad-
    ministrator. If the amount agreed to under paragraph (3XA)
    exceeds the cost of designing and  constructing  the treatment
    works, the Administrator shall reallot the amount of the excess
    to the State in which such treatment works are  located for the
    fiscal year in which such audit is completed.
        (6) LIMITATION ON OBLIGATIONS.—The Administrator shall
    not  obligate more than 20 percent  of the amount allotted to a
    State for a fiscal year under section 205 of this  Act for  grants
    pursuant to this subsection.
        (7) ALLOWANCE.—The Administrator shall determine an al-
    lowance for facilities planning for projects constructed  under
    this subsection in accordance with section 201(1).
        (8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event
    shall the  Federal contribution for the cost of preparing con-
    struction plans and specifications  and  the building and erec-
    tion of treatment works pursuant to this subsection exceed the
    amount agreed upon under paragraph (3).
        (9) RECOVERY ACTION.—In any case in which the recipient
    of a grant made pursuant to this  subsection does not comply
    with the terms of the agreement entered into under paragraph
    (3), the Administrator is authorized to take such action as may
    be necessary to recover the amount of the Federal contribution
    to the project.
        (10) PREVENTION OF DOUBLE BENEFITS.—A  recipient  of a
    grant made pursuant to this subsection shall not be eligible for
    any other grants under this title for the same project.
(33 U.S.C. 1283)
                 LIMITATIONS AND CONDITIONS
    SEC.  204. (a) Before approving grants for any project for any
treatment works under section  201(gXD the Administrator shall
determine—
       (1) that any required areawide waste treatment manage-
    ment plan under section  208 of this Act (A) is being imple-
    mented for such area and the proposed treatment works are in-
    cluded in such plan, or (B) is being developed for such area and
    reasonable progress is being made toward its implementation
    and the proposed  treatment works will  be included in such
    plan;
       (2) that (A) the State in which the project is to be located
    (i) is implementing any required plan under section 303(e) of
    this Act and the proposed treatment works are in conformity
    with  such plan, or (u) is developing such a plan and the pro-
    posed treatment works  will be m conformity with such plan,
    and (B) such State is in compliance with section 305(b) of this
    Act;
       (3) that such works have been certified by the appropriate
    State water pollution control agency as entitled to priority over
       h other works in the State in accordance with any applica-
            plan under section 303(e) of this Act, except that any
                                                          priority list developed pursuant to section 303(e)(3KH) may be
                                                          modified by such State in accordance with regulations promul-
                                                            Sted by the Administrator to give  higher priority for grants
                                                            •  the Federal share of  the cost  of preparing construction
                                                          drawings and specifications for any  treatment works utilizing
                                                          processes and techniques meeting the guidelines promulgated
                                                          under section 304(dX3) of this Act for grants for the combined
                                                          Federal share of the cost  of preparing construction drawings
                                                          and specifications and the building and erection of any treat-
                                                          ment works  meeting the requirements of the next to the last
                                                          sentence of section 203(a)  of this Act which utilizes processes
                                                          and techniques  meeting the guidelines promulgated under sec-
                                                          tion 304(dX3) of this AcU
                                                              (4) that  the applicant proposing to construct such works
                                                          agrees  to pay the  non-Federal costs of such works and has
                                                          made adequate  provisions satisfactory to the Administrator for
                                                          assuring proper and efficient operation, including the employ-
                                                          ment of trained management and- operations personnel,  and
                                                          the maintenance of such works in accordance with a plan of op-
                                                          eration approved by the state water pollution control agency
                                                          or, as  appropriate,  the interstate agency, after construction
                                                          thereof;
                                                              (5) that the size and capacity of such works relate directly
                                                          to the needs to  be  served  by  such works, including sufficient
                                                          reserve capacity. The amount of reserve capacity provided  shall
                                                          be approved by the  Administrator on the basis of a comparison
                                                          of the cost of constructing such reserves as a part of the works
                                                          to be funded  and the anticipated cost of providing expanded ca-
                                                          pacity at a date  when such capacity will be required, after tak-
                                                          ing into account, in accordance with regulations promulgated
                                                          by the Administrator, efforts to reduce total flow 01 sewage and
                                                          unnecessary water consumption. The amount of reserve capac-
                                                          ity eligible for a grant under this title shall be determined by
                                                          the Administrator taking into  account the projected population
                                                          and associated commercial  and industrial establishments with-
                                                          in the jurisdiction of the applicant to be served by such treat-
                                                          ment works  as  identified  in  an approved  facilities plan, an
                                                          areawide plan under section 208, or an applicable  municipal
                                                          master plan of development. For the purpose of this paragraph,
                                                          section  208, and any such  plan, projected population shall be
                                                          determined on  the basis  of the latest information  available
                                                          from the United States Department of Commerce or from the
                                                          States as the Administrator, by regulation, determines appro-
                                                          priate.  Beginning October  1,  1984, no grants shall be made
                                                          under this title to construct  that portion of any  treatment
                                                          works  providing reserve capacity in excess  of existing needs
                                                          (including existing needs of residential, commercial, industrial,
                                                          and other users) on  the date of approval of a grant for the erec-
                                                          tion,  building,  acquisition, alteration,  remodeling,  improve-
                                                          ment, or extension of a project for secondary treatment or more
                                                          stringent treatment or new interceptors and appurtenances,
                                                          except that in no event shall reserve capacity of a facility jyid
                                                       'So In law. Th» period thould to • Mmfcobm.

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    its related interceptors to which this subsection applies be in
    excess of existing needs  on October 1,  1990. In any case in
    which an applicant proposes to provide reserve capacity great-
    er than that eligible for Federal financial assistance under this
    title, the incremental costs of the additional reserve capacity
    shall be paid by the applicant;
        (6) that no specification for bids in  connection with such
    works shall be written in such a manner as to contain propri-
    etary, exclusionary, or discriminatory requirements  other than
    those based  upon performance,  unless such requirements are
    necessary to test or demonstrate a specific thing or to provide
    for necessary interchangeability of parts and equipment. When
    in the judgment of  the grantee, it is impractical or uneco-
    nomical to make a clear and accurate description of the tech-
    nical requirements, a "brand name or equal  description may
    be used as a means to define the performance or other salient
    requirements of a procurement, and in  doing so the grantee
    need not establish the existence of any source  other than the
    brand or source so named.
    (bXD Notwithstanding any other provision of this title, the Ad-
ministrator shall not approve any grant for  any treatment works
under section 201(gXD after  March 1,  1973, unless he shall first
have  determined that the applicant (A) has adopted or will adopt
a system of charges to assure that each recipient of waste treat-
ment services within the applicant's jurisdiction, as determined by
the Administrator, will pay its proportionate share (except as oth-
erwise provided  in  this  paragraph) of the costs of operation  and
maintenance (including replacement) of any waste treatment serv-
ices provided by  the applicant; and (B) has legal, institutional,
managerial, and financial capability to insure adequate construc-
tion, operation, and maintenance of treatment works throughout
the applicant's jurisdiction, as determined by the Administrator. In
any case where an applicant which,  as of the date of enactment of
this sentence, uses a system of dedication ad valorem taxes and the
Administrator  determines that  the applicant has a  system of
charges which results in  the distribution of operation and mainte-
nance costs for treatment works within the applicant's jurisdiction,
to each user class, in proportion to the contribution to the total cost
of operation and maintenance of such  works by each  user class
(taking into account total wast® water loading of such  works, the
constituent elements of the waste, and  other appropriate factors),
and such applicant  is otherwise fa  compliance with clause (A) of
this paragraph with respect to each industrial user, then such dedi-
cation ad valorem tax system shall be deemed to be the user charge
system meeting the requirements of clause (A) of this  paragraph
for the residential user class  and such  small non-residential user
classes as defined by the Administrator. In defining small non-resi-
dential  users,  the  Admimstrator  shall consider the  volume of
wastes discharged into the treatment works by such users and the
constituent elements of such wastes m well  as such other factors
ao he deems appropriate. A system of user charges which imposes
a lower charge for How-ineoan® residential users (as defined by the
                                                                       SBC. 204
                FEDERAL TOIEB POULOTION CONTROL ACT
52
the requiremssBto of clams (A) of 4Ms
 trator determines that such system was adopted after public notice
 and hearing.
     (2) The Administrator  shall, within one hundred and eighty
 days after  the date of enactment of the Federal Water Pollution
 Control Act Amendments of 1972, and after consultation with ap-
 propriate State, interstate, municipal and intennunicipal agencies,
 issue guidelines applicable to payment of waste treatment costs by
 industrial and nonindustrial receipts of waste treatment services
 which shall establish (A) classes of users of such services, including
 categories of industrial users; (B) criteria against which to deter-
 mine the adequacy of charges imposed on classes and categories of
 users reflecting all factors that influence the cost of waste treat-
 ment, including strength, volume, and delivery flow rate character-
 istics of waste; and (C)  model  systems and rates  of user charges
 typical  of various  treatment works  serving municipal-industrial
 communities.
    (3) Approval by the  Administrator of a grant to an interstate
 agency established  by interstate compact for any treatment works
 shall satisfy any  other requirement that such works  be authorized
 by Act of Congress.
    (4) A system  of charges  which meets the requirement of clause
 (A) of paragraph  (1) of this subsection may be based  on something
 other than metering the sewage or water supply flow of residential
 recipients of waste  treatment services, including ad valorem taxes.
 If the system of charges is based on something other than metering
 the Administrator shall require  (A) the applicant to establish a sys-
 tem by which the necessary funds will be available for the proper
 operation and maintenance of the treatment works; and (B) the ap-
 plicant to establish a procedure under which the residential user
 will be notified as to that portion of his total payment which will
 be allocated  to the costs of the waste treatment services.
    (c) The next to  the last sentence of paragraph (5) of subsection
 (a) of this section shall not apply in any case where a primary, sec-
 ondary, or advanced waste treatment facility or its  related inter-
 ceptors has  received a grant for erection, building, acquisition, al-
 teration, remodeling, improvement, or extension  before October 1,
 1984, and all segments and phases of such facility and interceptors
 shall be funded based on a 20-year reserve capacity in the case of
 such facility and a 20-year reserve capacity in  the  case  of such
 interceptors, except that, if a grant for such interceptors has been
 approved  prior   to  the  date  of enactment of  the Municipal
 Wastewater  Treatment Construction Grant Amendments of 1981,
 such interceptors  shall be funded based on the approved reserve ca-
 pacity not to exceed 40 years.
    (dXW A grant for the construction of treatment  works under
this title shall provide that .the engineer or engineering firm super-
vising construction or providing architect engineering services dur-
ing construction shall continue its relationship to the grant appli-
cant for a period  of one year after the completion  of construction
sod initial operation of such treatment works. During such period
such ®ragiijees° or engineering firm shall supervise operation of the
treatment works,  train operating personnel, and prepare curricula
             material  for operating personnel  Costs associated

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 53
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 205
Sec. 205
FEDERAL WATER POLLUTION CONTROL ACT
54
 with the implementation of this paragraph shall be eligible for Fed-
 eral assistance in accordance with this title.
     (2) On the date one year after the completion of construction
 and initial operation of such treatment works, the owner and oper-
 ator of such treatment works shall  certify to the Administrator
 whether or  not such treatment works  meet the design specifica-
 tions and effluent limitations contained in the grant agreement and
 permit pursuant to section 402 of the Act for such works. If the
 owner and operator of such treatment works cannot certify that
 such treatment works meet such design specifications  and effluent
 limitations, any failure to meet such design specifications and efflu-
 ent limitations shall be corrected in a  timely manner, to allow such
 affirmative certification, at other than Federal expense.
    (3)  Nothing in this section shall be construed to prohibit a
 grantee under this title from requiring more assurances, guaran-
 tees, or indemnity or other contractual requirements  from any
 party to a contract pertaining to a project assisted under this title,
 than those provided under this subsection.
 (33 U.S.C. 1284)

                         ALLOTMENT

    SEC. 205. (a) Sums authorized to be appropriated  pursuant  to
 section 207 for each fiscal year beginning after June 30, 1972, be-
 fore September 30, 1977, shall be allotted by the Administrator not
 later than the January 1st immediately  preceding the beginning of
 the fiscal year for which authorized, except that the allotment for
 fiscal year 1973 shall be made not later than 30 days after the date
 of enactment of the Federal Water Pollution Control  Act Amend-
 ments of 1972.  Such sums shall be allotted among the  States by
 the Administrator in accordance with regulations promulgated by
 him, in the ratio that the estimated cost of constructing all needed
 publicly owned  treatment works in each State bears  to the  esti-
 mated cost of construction of all needed publicly owned treatment
 works in all of the States. For the  fiscal years ending June 30,
 1973, and June 30, 1974, such  ratio shall be determined on the
 basis of table III of House Public Works Committee Print No. 92-
 50. For the  fiscal year ending June 30,  1975, such ratio shall be
 determined one-half on the basis of table I of House Public Works
 Committee Print Numbered 93-28 and one-half on the basis  of
 table II of such print, except that no State shall receive an  allot-
 ment less than that which it received  for the fiscal year ending
 June 30, 1972, as set forth in table III of such  print. Allotments
 for fiscal years which  begin after the fiscal  year ending June 30,
 1975 shall be made only in accordance with a revised cost estimate
 made and submitted to Congress in accordance with section 516(b)
 of this Act and only after such revised cost estimate shall  have
been approved by law specifically enacted hereafter.
    (b)(l) Any sums allotted to a State  under subsection (a)  shall
be available  for obligation under section 203 on and after the date
of such allotment. Such sums shall continue available for obligation
in such  State for a period of one year after  the close  of the  fiscal
year for which such sums are authorized. Any amounts so allotted
which are not obligated by  the end of such one-year  period  shall
                                                      be immediately reallotted by the Administrator, in accordance with
                                                      regulations promulgated by him, generally on the basis of the ratio
                                                      used in making the last allotment of sums under this section. Such
                                                      reallotted sums shall be added  to the last allotments made  to the
                                                      States. Any sum made available to a State by reallotment  under
                                                      this subsection shall be in addition to any funds otherwise allotted
                                                      to such State for grants under this title during any fiscal year.
                                                          (2) Any sums which have been obligated under section 203 and
                                                      which are released by the payment  of the final voucher for the
                                                      project shall  be immediately credited to  the State to  which such
                                                      sums were last allotted. Such released sums shall be added  to the
                                                      amounts last allotted to such State and shall be immediately avail-
                                                      able for obligation  in the same manner and to the same extent as
                                                      such last allotment.
                                                          (c)(l) Sums authorized to be appropriated pursuant to section
                                                      207 for the  fiscal  years  during the  period beginning October 1,
                                                      1977, and ending September 30,  1981, shall  be allotted for each
                                                      such year by  the Administrator not later than  the tenth day  which
                                                      begins after the date of enactment of the Clean Water Act of 1977.
                                                      Not-withstanding any  other provision of law, sums authorized for
                                                      the fiscal years ending September 30, 1978, September 30,  1979,
                                                      September 30, 1980, and September 30, 1981, shall be allotted in
                                                      accordance with table 3 of Committee Print Numbered 95-30  of the
                                                      Committee on Public Works and  Transportation of the  House of
                                                      Representatives.
                                                          (2) Sums  authorized to be appropriated pursuant to section 207
                                                      for the fiscal years  1982, 1983, 1984, and 1985 shall be allotted for
                                                      each such year by  the Administrator not later than the tenth day
                                                      which  begins after  the  date  of enactment  of the  Municipal
                                                      Wastewater Treatment Construction Grant Amendments of 1981.
                                                      Notwithstanding any other provision  of law, sums authorized for
                                                      the  fiscal year ending September 30, 1982, shall be allotted  in ac-
                                                      cordance with table 3 of Committee Print Numbered 95-30 of the
                                                      Committee on Public Works and Transportation of the House of
                                                      Representatives. Sums authorized  for the  fiscal years ending Sep-
                                                      tember 30, 1983, September 30, 1984, September  30,  1985, and
                                                      September 30, 1986,  shall  be  allotted  in  accordance with the
                                                      following table:

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55
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 205
                                                          Fimtytan 1983
                                                            through I98S'
 States:
   Alabama 	011398
   Alaska	006101
   Arizona 	006885
   Arkansas  	006668
   California 	072901
   Colorado 	008154
   Connecticut  	012487
   Delaware  	004965
   District of Columbia 	004965
   Florida ,.	034407
   Georgia 	017234
   Hawaii 	007895
   Idaho	004965
   Illinois	046101
   Indiana 	024566
   Iowa 	013796
   Kansas  	009201
   Kentucky  	012973
   Louisiana	011205
   Maine	007788
   Maryland	024653
   Massachusetts	034608
   Michigan	043829
   Minnesota	018735
   Mississippi 	009184
   Missouri..	028257
   Montana 	004965
   Nebraska  	005214
   Nevada 	004965
   New Hampshire	010186
   New Jersey	041654
   New Mexico	004965
   New York 	"3097
   North Carolina	018396
   North Dakota 	004965
   Ohio 	057383
   Oklahoma 	008235
   Oregon	011515
   Pennsylvania	040377
   Rhode Island	006750
   South Carolina	010442
   South Dakota	004965
   Tennessee	014807
   Texas     	038726
   Utah	005371
   Vermont	004965
   Virginia 	020861
   Washington  	017726
   West Virginia	015890
   Wisconsin 	027557
   Wyoming 	004965
   Samoa    	000915
   GuanT    	  ..I.!  	!	000662
   Northern Marianas	000425
   Puerto Rico	   .013295
   Pacific Trust Territories	001305
   Virgin Islands 	   .000531

       United States totals 	999996
 < So In ordinal. Probably ihould be "1986'.
        (3)  FISCAL YEARS 1987-1990.—Sums authorized to  be appro-
   priated pursuant to section 207 for the fiscal years 1987. 1988,
    1989, and 1990 shall be allotted for each such year by the Ad-
   ministrator not later than the 10th day which begins after the
                                                                                 Sec. 205
                                                                                  FEDERAL WATER POLLUTION CONTROL  ACT
                                                                                       56
                                                                     date of the enactment of this paragraph. Sums authorized for
                                                                     such fiscal years shall be  allotted  in accordance with the
                                                                     following table:
                                                                  States:
                                                                    Alabama  	011309
                                                                    Alaska	006053
                                                                    Arizona 	006831
                                                                    Arkansas 	       	006616
                                                                    California 	072333
                                                                    Colorado  	008090
                                                                    Connecticut  	012390
                                                                    Delaware 	004965
                                                                    District of Columbia 	004965
                                                                    Florida 	034139
                                                                    Georgia 	017100
                                                                    Hawaii 	007833
                                                                    Idaho	004965
                                                                    Illinois	045741
                                                                    Indiana 	024374
                                                                    Iowa 	013688
                                                                    Kansas	009129
                                                                    Kentucky 	       	012872
                                                                    Louisiana	      	011118
                                                                    Maine	007829
                                                                    Maryland	024461
                                                                    Massachusetts	      	034338
                                                                    Michigan	043487
                                                                    Minnesota	018589
                                                                    Mississippi 	009112
                                                                    Missouri	028037
                                                                    Montana  	004965
                                                                    Nebraska	005173
                                                                    Nevada 	004965
                                                                    New Hampshire	010107
                                                                    New Jersey	      	041329
                                                                    New Mexico	004965
                                                                    New York 	111632
                                                                    North Carolina	018253
                                                                    North Dakota 	004965
                                                                    Ohio 	056936
                                                                    Oklahoma	008171
                                                                    Oregon 	011425
                                                                    Pennsylvania	040062
                                                                    Rhode Island 	006791
                                                                    South Carolina	010361
                                                                    South Dakota	004965
                                                                    Tennessee	014692
                                                                    Texas 	046226
                                                                    Utah	005329
                                                                    Vermont	004965
                                                                    Virginia 	020698
                                                                    Washington	;	017588
                                                                    West Virginia	015766
                                                                    Wisconsin  	        ...    .027342
                                                                    Wyoming 	004965
                                                                    American Samoa	000908
                                                                    Guam	000657
                                                                    Northern Marianas	000422
                                                                    Puerto Rico	013191
                                                                    Pacific Trust Territories	001295
                                                                    Virgin Islands 	000527

                                                                    (d) Sums  allotted to the  States for a fiscal  year  shall remain
                                                               available  for obligation for .the fiscal year for which authorized and
                                                               for  the period of the next succeeding twelve months.  The  amount
                                                               of any allotment not  obligated  by the  end of  such  twenty-four-

-------
month period shall be immediately reallotted by the Administrator
on the basis of the qame ratio as applicable to sums allotted for the
then current fiscal year, except that none of the funds reallotted by
the Administrator for fiscal year 1978 and for fiscal years there-
after shall be allotted to any State  which failed to obligate any of
the funds being reallotted. Any sum made available to a State by
reallotment under this subsection shall be in addition to any funds
otherwise allotted to such State for grants under this.title during
any fiscal year.
    (e) For the fiscal years  1978,  1979, 1980, 1981,  1982,  1983,
1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall re-
ceive  less than one-half of 1 per  centum  of  the total allotment
under  subsection  (c) of this section, except that in  the case  of
Guam, Virgin Islands, American Samoa, and the Trust Territories
not more than thirty-three one-hundredths of 1 per centum in the
aggregate shall be allotted to all four for these jurisdictions. For
the purpose of carrying out this subsection there are authorized to
be appropriated, subject to such amounts as are provided in appro-
priation Acts, not to exceed $75,000,000 for each fiscal years 1978,
1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986,  1987, 1988,  1989,
and 1990. If for any faecal year the amount appropriated under au-
thority of this  subsection is less than the amount necessary  to
carry out this subsection, the amount  each State receives under
this subsection for such year shall be the same ratio for the amount
such State would have  received under this subsection in such year
if the amount necessary to carry it out had been appropriated  as
the amount appropriated for such year bears  to  the amount nec-
essary to carry out this  subsection for such year.
    (f) Notwithstanding any  other  provision of this section, sums
made available between January 1, 1975, and March' 1, 1975,  by
the Administrator  for obligation shall be available for obligation
until September 30, 1978.
    (gXl) The Administrator is authorized  to reserve each fiscal
year not to exceed 2 per centum of the amount authorized under
section 207 of this title for purposes of the allotment made to each
State under this section on or after October 1, 1977, except in the
case of any fiscal year  beginning on or after October 1, 1981, and
ending before  October  1, 1994,  in  which case the percentage au-
thorized to be reserved  shall not exceed 4 per centum.1 or $400,000
whichever amount is the greater. Sums so reserved shall be avail-
able for making grants to such State under paragraph (2) of this
subsection for the same period as sums are available from such  al-
lotment under subsection (d) of this section, and any such grant
shall be available for obligation only during such period. Any grant
made from sums reserved under this subsection which has not been
obligated by  the end of the period for which available  shall  be
added to the  amount last allotted to such State under this section
and shall be immediately available  for obligation in the same man-
ner and to the same extent  as such last allotment. Sums author-
ised to be reserved by this paragraph AM be in addition to and
  1 P.L 97-117 CS&&2& thio plurcco with o ported afc t&o and; probably ohauld bo o comma
 not in lieu of any other funds which may be authorized to carry out
 this subsection.
     (2) The Administrator is authorized to grant to any State from
 amounts reserved to such State under this subsection, the reason-
 able costs of administering any aspects of sections 201, 203, 204,
 and 212 of this Act the  responsibility for administration of which
 the Administrator has delegated to such State. The Administrator
 may increase such grant to take into account the reasonable costs
 of administering an approved program under section 402 or 404,
 administering a statewide waste treatment management planning
 program under section 208(b)(4), and managing waste  treatment
 construction grants for small communities.
    (h) The Administrator shall set aside from funds authorized for
 each fiscal year beginning on or after October 1, 1978, a total (as
 determined by the Governor of the State) of not less than 4 percent
 nor more than  7Yz percent of the sums allotted  to any State with
 a rural population of 25 per centum or more of the total population
 of such State, as determined by the Bureau of the Census. The Ad-
 ministrator may set aside no more than IVa percent of the sums
 allotted to any other State  for which the Governor requests ouch
 action. Such sums shall  be  available only for  alternatives to con-
 ventional sewage treatment  works for municipalities having a pop-
 ulation of three thousand five hundred or less, or for the highly dis-
 persed sections of larger municipalities, aa defined by the Adminis-
 trator.
    (i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—
 Not less than Va of 1 percent of funds allotted to a State for each
 of the fiscal years ending September 30, 1979, through September
.30, 1990, under subsection (c) of this section shall be expended only
 for increasing the Federal share of grants for construction of treat-
 ment works utilizing innovative processes and techniques pursuant
 to section 202(aX2) of this Act. Including the expenditures author-
 ized by the preceding sentence, a total of 2 percent of the funds al-
 lotted to a State for each of the fiscal years ending September 30.
 1979, and September 30.  1980, and 3 percent of the funds allotted
 to a State for the fiscal  year ending September 30, 1981,  under
 subsection (c) of this section shall be expended only for increasing
 grants for construction of treatment works pursuant  to  section
 202(aX2) of this Act. Including the expenditures authorized by the
 first sentence of this subsection, a total (as determined by the Gov-
 ernor o£ the State) of not less than 4 percent nor more than 7Va
 percent of the funds allotted to such State under subsection (c) of
 this section for each of the fiscal years ending September 30, 1982,
 through September 30, 1990, shall be expended only for increasing
 the Federal share of grants for construction of treatment  works
 pursuant to section 202(a)(2) of this Act.
    OKI) The Administrator shall reserve each fiscal year not to
exceed 1 per centum of the sums allotted and available for obliga-
tion to each State under this section for each fiscal year beginning
on or after October 1, 1981,  or $100,000, whichever amount is the
    (2) Such sums  shall Ib® used by  the Administrator to
grants to the States to carry out waiter quality -management
_j	n	D..JIJ	n—A.  _-A n-—'X_ji*-       ^

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Soe.
                                                                                                          CONTROL flCT
        (A) identifying most cost effective and locally acceptable fa-
    cility and non-pomt measures to meet and maintain water
    quality standards;
        (B) developing an implementation plan to obtain State and
    local financial and regulatory  commitments to  implement
    Measures developed under subparagraph (A);
        (C) determining -the nature, extent, and causes of water
    quality problems  in various areas of the State and interstate
    region, and reporting on these annually; and
        (D) determining those publicly  owned  treatment works
    which should be constructed with assistance under this title, in
    which areas and in what sequence, taking into account the rel-
    ative degree of effluent  reduction attained, the  relative con-
    tributions to water quality of other point or nonpoint sources.
    and the consideration of alternatives  to such construction, and
    implementing section 303(e) of this Act.
    (3) In carrying out planning  with grants made under para-
graph (2) of this subsection, a State shall develop jointly with local,
regional, and interstate entities, a plan for carrying out the pro-
gram  and give funding priority to  such entities and designated or
undesignated public comprehensive planning organizations to carry
out the purposes of this subsection.  In giving such priority, the
State  shall allocate at least 40 percent of the amount  granted to
such State for a fiscal year under  paragraph (2) of this subsection
to regional public  comprehensive  planning organizations in such
State  and appropriate interstate organisations Tor the development
and implementation of the plan described  in this paragraph. In any
fiscal  year for which the Governor, in consultation with such orga-
nizations and with the approval of the Administrator, determines
that allocation of at least 40 percent of such amount to such orga-
nizations will not result in  significant participation by such organi-
zations  in water quality management planning and not signifi-
cantly assist in development and  implementation of the plan  de-
scribed in this paragraph and achieving the goals of this Act, the
allocation to such organization may b® less than 40 percent of such
amount.
    (4) All activities undertaken under this  subsection  shall be in
coordination with other related provisions of this Act.
        (5) NONPOINT SQTOCE RESERVATION.—In Addition to  the
    sums reserved under paragraph (I), the Administrator shall re-
    serve each iscal year for each State  1 percent of the sums al-
    lotted and available for obligation to such State under this sec-
    tion for each fiscal year beginning on or aJter October 1, 1986,
    or $100,000, whichever is greater, for the purpose of carrying
    out section 319 of this Act. Sums so reserved in a State in any
    fiscal year fro?  which sueh State  does not request  the use of
    such sums, to the extent such sums  exceed  $100,000,  may be
    used by such State for other purposes under this title.
    (k) The Administrator shall allot to the State of New York from
sums  authorized to be appropriated for the fiscal year ending Sep-
tember 30,1982, an amount necessary to pay the entire  cost of con-
veying sewage from th® Convention Center of the City of New York
to the Newtown sswag® treatment plant,  Brooklyn-Queens area,
                addition to and not in lieu of any other amounts authorized to be
                allotted to such State under this Act.
                    (1) MARINE ESTUARY RESERVATION.—
                       (1) RESERVATION OF FUNDS.—
                           (A)  GENERAL  RULE.—Prior  to  making  allotments
                       among the States under  subsection (c) of this section, the
                       Administrator shall reserve funds from sums appropriated
                       pursuant to section 207 for each fiscal year beginning after
                       September 30, 1986.
                           (B) FISCAL YEARS  1987 AND  1988.—For each of fiscal
                       years 1987 and 1988 the reservation shall be 1 percent of
                       the sums appropriated pursuant to section 207 for such fis-
                       cal year.
                           (C) FISCAL YEARS  1989 AND  1990.—For each of fiscal
                       years 1989 and 1990 the reservation shall be IVz percent
                       of the funds appropriated pursuant to section 207 for such
                       fiscal year.
                       (2) USE OF FUNDS.—Of the sums reserved under this sub-
                   section, two-thirds shall be available to address water quality
                   problems of marine bays and estuaries subject to lower levels
                   of water quality due to the impacts of discharges from com-
                   bined storm water and sanitary sewer overflows from adjacent
                   urban  complexes,  and one-third shall be available for the im-
                   plementation of section 320 of this Act, relating to the national
                   estuary program.
                       (3) PERIOD OF AVAILABILITY.—Sums  reserved under this
                   subsection shall be subject to the period of availability for obli-
                   gation  established by subsection (d) of this section.
                       (4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes
                   of this section and section 201(n), Newark Bay, New Jersey,
                   and the portion of the Passaic River up to Little Falls, in the
                   vicinity of Beatties Dam, shall be treated as a marine bay and
                   estuary.
                   (m) DISCRETIONARY  DEPOSITS INTO STATE WATER POLLUTION
               CONTROL REVOLVING FUNDS.—
                       (1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition
                   to any amounts deposited in a water pollution control revolving
                   fund established by a State under title VI, upon request of the
                   Governor of such State, the Administrator shall make available
                   to the State for deposit, as capitalization grants, in such fund
                   in any fiscal  year beginning  after September 30,  1986, such
                   portion of the amounts allotted to such State under this section
                   for such fiscal year as the Governor considers appropriate; ex-
                   cept that (A)  in fiscal year 1987 such deposit may not exceed
                   60 percent of the  amounts allotted to such State under this
                   section for such fiscal year, and (B)  in fiscal year 1988, such
                   deposit may not exceed 75 percent of the amounts allotted to
                   such State under this section for this1 fiscal year.
                      (2) NOTICE REQUIREMENT.—The Governor of a State may
                   make a request under paragraph (1)  for a  deposit into the
                   water pollution control revolving fund of such State—
                'So to original. Pro5>obly ahould bo "ouch".

-------
                                                                        Ssc. 205
                FEDHUU. OTEK PSIUIDOCI E0TO01 ACT
           (A) in fiscal year 1987 only if no later titan 90 days
        after the date of me enactment of this subsection, and
           (B) in each fiscal year fchereaJter only if 90 days before
        the first day of such fiscal year,
    the State provides notice of its intent to make such deposit
        (3) EXCEPTION.—Sums reserved  under section  205U) of this
    Act shall not  b® available for obligation under this subsection.
(33 U.S.C. 1285)
         REIMBURSEMENT AND ADVANCED CONSTRUCTION

    SEC. 206. (a)  Any publicly owned treatment works in a State
on which construction was initiated after June 30, 1966, but before
July I, 1973, which was approved by the appropriate State  water
pollution control agency ana which the  Administrator finds  meets
the requirements of section 8 of this Act in effect at the time of the
initiation of construction shall be reimbursed a total amount equal
to the difference between the amount of Federal financial assist-
ance, if any, received under such section 8 for such project and 60
per centum  of the cost of such project, or 55  per centum of the
project cost  where the Administrator also determines that such
treatment works was constructed in conformity with a comprehen-
sive metropolitan  treatment plan as described in section 8(0 of the
Federal Water Pollution Control Act as  in effect immediately prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972. Nothing in this subsection shall  result in any
such works receiving Federal grants from all sources in excess of
80 per centum of the cost of such project.
    (b) Any publicly owned treatment works constructed with or el-
igible for Federal  financial assistance under this Act in a State be-
tween June  30, 1956, and June 30, 1966, which  was approved by
the State water pollution control  agency and which the Adminis-
trator Ends  meets the roquimn'ents of section 8 of this  Act prior
to the date of enactment of the Federal Water Pollution Control Act
Amendments of 1972 but which was constructed without assistance
under such  section 8  or  which received such assistance  in  an
amount less than 30 per centum  of the cost of such project shall
qualify  for payments and reimbursement of State or local funds
used for such project from sums allocated to such State under this
section in an amount which shall not exceed the difference between
the amount of such assistance, if any, received for such project and
30 per centum of the cost of such project.
    (c) No publicly owned treatment works shall receive any pay-
ment or reimbursement under subsection (a) or (b) of this section
unless an application for such assistance is filed with  the Adminis-
trator within the one year period which begins on the date of enact-
ment of the Federal Water Pollution Control Act Amendments of
1972. Any application filed within such  one year period may be re-
vised from time to time, as may b® necessary.
    (d) The Administrator shall allocate to each qualified project
under subsection  (a) of 4M® sscfespm each fiscal year for which funds
are  appropriated  undo? sdbssctiosj (©)  of this section an amount
         rs the same ratio to fee unpaid balance of the reimburse-
          such pragssfc cs <&®  tofcal ©f omsfe tad® for @udh
 bears to the total unpaid balance  of reimbursement due all such
 approved projects on the date of enactment of such appropriation.
 The  Administrator shall allocate to each qualified project under
 subsection (b) of this section each  fiscal year for which funds are
 appropriated under subsection (e) of this section an amount which
 bears the same ratio to the unpaid balance of the  reimbursement
 due such project as the total of such funds for such year bears to
 the total unpaid balance of reimbursement due all such approved
 projects on the date of enactment of such appropriation.
    (e) There is authorized to be  appropriated to  carry out sub-
 section (a) of this section not to exceed $2,600,000,000 and, to carry
 out subsection (b) of this section, not to exceed $750,000,000. The
 authorizations contained in this subsection shall be  the sole source
 of funds for reimbursements authorized by this section.
    (0(1) In any case where a substantial  portion of the funds al-
 lotted to a  State for the current fiscal  year under  this title have
 been  obligated under section 201(g), or will be so  obligated in a
 timely manner (as determined by the Administrator), and there is
 construction of any treatment work project without  the aid  of Fed-
 eral funds and in accordance with  all procedures and all require-
 ments applicable to treatment works projects, except those proce-
 dures and  requirements which limit construction  of projects  to
 those constructed with the aid of previously allotted Federal funds,
 the Administrator, upon his approval of  an application made under
 this subsection therefore, is authorized to pay the Federal share of
 the cost of construction of such project  when additional funds are
 allotted to the State under this title if prior to the  construction of
 the project  the Administrator approves plans, specifications, and
 estimates therefor in the same manner as other treatment works
 projects. The Administrator may not approve an application under
 this subsection unless an authorization is in effect for the first fis-
 cal year in the period for which the application requests payment
 and such requested payment for that fiscal year does not  exceed
 the State's  expected allotment from such  authorization. The Ad-
 ministrator  shall not be required to make such requested payment
 for any fiscal year—
        (A)  to the extent that such payment would  exceed such
    State's allotment  of the amount appropriated for such fiscal
    year; and
        (B)  unless such payment is for a project  which,  on the
    basis of an approved funding priority list of such State, is eligi-
    ble to receive such payment based on the allotment and appro-
    priation for such fiscal year.  '
To tfie extent that-tfufflicient funds are not appropriated to pay the
full Federal share with respect to a project for which obligations
under the provisions of this subsection  have been made, the Ad-
ministrator  shall reduce the Federal share to such amount less
than 75 per centum as such appropriations do provide.
    (2) In determining the allotment for any nscai year under this
title, aay treatment works project constructed in accordance with
this section and without the aid of Federal  folds shall not be con-
sidered completed until an application under the provisions  of this
          with nraspssfc  to sucDi project feaa bs®m

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63
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 208
Administrator, or the availability of funds from which this project
is eligible for reimbursement has expired, whichever first occurs.
(33 U.S.C. 1286)

                       AUTHORIZATION

    SEC! 207. There is authorized to be appropriated to carry out
this title, other than sections 206(6), 208 and 209,  for the  fiscal
year ending June 30, 1973, not to exceed $5,000,000,000, for the
fiscal year ending June 30. 1974, not to exceed $6,000,000,000, and
for  the  fiscal year  ending  June  30,  1975,  not  to exceed
$7,000,000,000, and, subject to such amounts as are provided in ap-
propriation  Acts for the fiscal year ending September 30,  1977,
$1,000,000,000 for the fiscal year  ending  September  30,  1978,
$4,500,000,000 and for the fiscal years ending September 30,  1979,
September  30, 1980, not to exceed $5,000,000.000;  for the  fiscal
year ending September 30, 1981, not to exceed $2,548,837,000; and
for  the  fiscal  years ending  September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985,  not to exceed
$2,400,000,000 per fiscal year; and for each of the fiscal years end-
ing September 30, 1986, September 30,  1987, and September 30,
1988, not to exceed $2,400,000,000; and for each of the fiscal  years
ending September 30, 1989, and September 30, 1990, not to exceed
$1,200,000,000.
(33 U.S.C. 1287)

           AREAWIDE WASTE TREATMENT MANAGEMENT

    SEC. 208. (a) For the purpose of encouraging and  facilitating
the development and implementation of areawide waste treatment
managementplans—
        (1) The Administrator, within ninety days after the date of
    enactment of this Act and after consultation with appropriate
    Federal, State, and local authorities, shall by regulation pub-
    lish guidelines for the identification of those areas which, as a
    result of urban-industrial concentrations or other factors, have
    substantial water quality control problems.
        (2) The Governor of each  State, within  sixty days after
    publication of the guidelines issued pursuant to paragraph (1)
    of this  subsection, shall identify each area within the  State
    which,  as a result of urban-industrial concentrations or other
    factors, has  substantial water quality control problems. Not
    later than  one hundred and twenty days following such identi-
    fication and  after consultation with appropriate elected and
    other officials of local governments having jurisdiction in such
    areas, the  Governor shall designate (A) the boundaries of each
    such area, and (B) a single representative organization, includ-
    ing elected officials from local governments or their designees.
    capable of developing effective areawide waste treatment man-
    agement plans for  such an area.  The Governor may in the
    same manner at any later time identify any additional area (or
    modify  an existing area) for which he determines  areawide
    waste treatment management to be appropriate, designate the
    boundaries of such area, and designate an organization capable
Sec. 208
                                FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                                  64
                                                            of developing effective areawide waste treatment management
                                                            plans for such area.
                                                               (3) With respect to any area which, pursuant to the guide-
                                                            lines published under paragraph (1) of this subsection, is lo-
                                                            cated in two or more  States, the Governors of the respective
                                                            States shall consult and cooperate  in carrying out the provi-
                                                            sions of paragraph (2), with a view toward designating the
                                                            boundaries of the interstate area having common water quality
                                                            control problems  and for which areawide waste treatment
                                                            management plans would be most  effective, and  toward des-
                                                            ignating, within one hundred and eighty days after publication
                                                            of guidelines issued pursuant  to paragraph (1) of this  sub-
                                                            section, of a single representative organization capable of de-
                                                            veloping effective  areawide waste treatment  management
                                                            plans for such area.
                                                               (4) If a Governor does not act, either by designating or de-
                                                            termining not to make a  designation under paragraph (2) of
                                                            this subsection, within the time  required by such paragraph, or
                                                            if, in the case of an interstate area, the Governors of the States
                                                            involved do  not designate a planning organization within the
                                                            time required by paragraph (3) of  this subsection, the chief
                                                            elected  officials of local governments within an area may by
                                                            agreement designate (A) the boundaries for such an area, and
                                                            (B) a single representative organization including elected offi-
                                                            cials from such local governments, or their designees, capable
                                                            of developing an areawide waste treatment management plan
                                                            for such area.
                                                               (5)  Existing regional  agencies may be designated under
                                                            paragraphs (2), (3), and (4) of this subsection.
                                                               (6) The  State shall act as a planning agency for all  por-
                                                            tions of such State which are not designated under paragraphs
                                                           (2), (3), or (4) of this subsection.                        ;; „
                                                               (7) Designations under this subsection shall be subject to
                                                        '.  the approval of the Administrator.
                                                           (bXIXA) Not later than one year after the date of designation
                                                       of any organization under subsection (a) of this section such organi-
                                                       zation shall have in operation a  continuing areawide waste treat-
                                                       ment management planning process consistent with section 201 of
                                                       this Act. Plans prepared in accordance with this process shall  con-
                                                       tain alternatives for waste treatment management, and be applica-
                                                       ble to all wastes generated within  the  area involved. The initial
                                                       plan prepared in accordance with such process shall be certified by
                                                       the Governor and submitted to the Administrator  not later than
                                                       two years after the planning process  is in operation.
                                                           (B) For any agency designated after  1975 under subsection (a)
                                                       of this section ana for all portions of a  State for which the State
                                                       is required to act as the planning agency in accordance with sub-
                                                       section (a)(6), the initial plan prepared  in accordance with such
                                                       process shall be certified by the Governor and submitted to the Ad-
                                                       ministrator not later than three years after the receipt of the initial
                                                       grant award authorized under subsection  (f) of this section.
                                                           (2) Any plan prepared under such process shall include,  but
                                                       not be limited to—

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     (A) the identification of treatment works necessary to meet
 the anticipated  municipal and  industrial waste  treatment
 needs of the area over a twenty-year period, annually updated
 (including an analysis of alternative waste treatment systems),
 including any  requirements for  the acquisition of land for
 treatment purposes; the necessary waste water collection and
 urban storm water runoff systems; and a program  to provide
 the necessary financial arrangements for the development of
 such treatment works, and an identification of open space and
 recreation opportunities that can be expected to result from im-
 proved water quality, including consideration of potential  us®
 of lands associated with treatment works and increased access
 to water-based recreation;
     (B) the establishment  of construction  priorities for such
 treatment works and time schedules for the initiation and com-
 pletion of all treatment works;
     (C) the establishment of a regulatory program to—
        (i) implement the  waste treatment management re-
     quirements of section 201(c),
        (ii) regulate the location, modification, and construc-
     tion of any facilities within such area which may result in
     any discharge in such area, and
        (iii) assure that any industrial or commercial waste
     discharged into any treatment works in such area meet ap-
     plicable pretreatment requirements;
     (0) the identification of those agencies necessary to con-
 struct, operate, and maintain all facilities required by the plan
 and otherwise to carry out the plan;
     (E) the identification of the measures  necessary to  carry
 out the plan (including financing), the period of time necessary
 to carry out the plan, the costs of carrying out the plan within
 such time, and the economic, social, and environmental impact
 of carrying out the plan within such time;
     (F) a  process to (i) identify,  if appropriate, agriculturally
 and silviculturally related nonpoint sources of pollution, includ-
 ing return flows  from  irrigated agriculture, and their cumu-
 lative  effects, runoff from  manure  disposal areas,  and from
 land used for livestock and crop production, and (ii) set forth
 procedures and methods  (including land use requirements) to
 control to the extent feasible such sources;
    (G) a process of (i) identify, if appropriate, mine-related
 sources of pollution including new,  current, and abandoned
 surface and underground mine runoff, and (ii) set forth proce-
 dures and methods (including land use requirements) to con-
 trol to the extent feasible such sources;
    (H) a process to (i) identify construction activity related
 sources of pollution, and (ii) set forth procedures and methods
 (including land use requirements) to control to the extent fea-
 sible such sources;
    (I) a process to (i) identify, if appropriate, salt water intru-
 sion into rivers, lakes, and estuaries resulting from reduction
 of fresh water flow from aray cause, including irrigation,  ob-
 struction,  groismd water sxtaacMom, said diversion, and (ii) set '
jforfch pnacsduir®® ®mdl mo&s^ki ft© ©siatoji nnaefe.tateBsioBj to (the.-
     extent feasible where such procedures and methods are other-
     wise a part of the waste treatment management plan;
         (J) a process to control the disposition of all residual waste
     generated in such area which could affect water quality; and
         (K) a process to control the disposal of pollutants on land
     or  in  subsurface  excavations  within such  area to  protect
     ground and surface water quality.
     (3) Areawide waste treatment management plans shall be cer-
 tified annually by the Governor or his  designee (or Governors or
 their designees, where more than one State is involved) as being
 consistent  with applicable basin plans  and such areawide waste
 treatment  management plans shall be submitted to the Adminis-
 trator for his approval.
     (4HA) Whenever the Governor of any State determines (and no-
 tifies the Administrator) that consistency with a statewide regu-
 latory program under section 303 so requires, the requirements of
 clauses (F) through (K) of paragraph (2) of this subsection shall be
 developed and submitted by the Governor to the Administrator for
 approval for application to & class or category of activity through-
 out such State.
     (B) Any  program submitted  under  subparagraph -(A)  of this
 paragraph which,  in whole or in part, is to control the discharge
 or other placement of dredged or fill material into the navigable
 waters shall include the following:
        (i) A consultation process which includes the State  agency
     with primary jurisdiction over fish and wildlife resources.
        (ii) A process to identify and  manage  the discharge or
     other placement of dredged or fill material which adversely af-
     fects navigable waters, which shall complement and be  coordi-
     nated with a State program under section 404 conducted pur-
     suant to this Act.
        (iii) A process to assure that any activity conducted pursu-
     ant to a best management practice will comply with the guide-
     lines established under section 404(bXl), and sections 307 and
    403 of this Act.
        (iv) A process to assure that any activity conducted pursu-
     ant to a best management practice can be terminated or modi-
    fied for cause including, but not limited to, the following:
           (!) violation ol any condition of the best management
        practice;
           (II) change  in any  activity that requires either  a tem-
        porary or  permanent reduction  or elimination of the dis-
        charge pursuant to the  best  management practice.
        (v) A process to assure continued coordination with Fed-
    eral and  Federal-State water-related planning and reviewing
    processes, including the National Wetlands Inventory.
    (C) If the Governor of a State obtains approval from the Ad-
ministrator of a statewide regulatory program which meets the re-
quirements of subparagraph (B) of this paragraph and if such State
is administering a permit program  under section 404 of this Act,
no person shall be required to obtain an individual permit  pursu-
ant to such section, or to comply with a general permit issued pur-
suant to such section, with irsspscfc to any appropriate activity with-
im Bweh State for wMdh a temfe

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67
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 208
                                                                    Sec. 208
FEDERAL WATER POLLUTION CONTROL ACT
proved by the Administrator under the program approved by the
Administrator pursuant to this paragraph.
    (DX>)  Whenever the Administrator determines after  public
hearing that a State is not administering a program approved
under this section in accordance with the requirements of this sec-
tion, the Administrator shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not to ex-
ceed ninety  days, the Administrator  shall withdraw approval of
such program. The Administrator 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.
    (ii) In the case of a State with a program submitted and ap-
proved under this paragraph, the Administrator shall withdraw ap-
proval of such program under  this subparagraph only  for a sub-
stantial failure of the State to administer its program in accord-
ance with the requirements of this paragraph.
    (cXD The Governor of each State, in consultation with the
planning agency designated under subsection (a) of this section, at
the time a plan is submitted to the Administrator, shall designate
one or more waste treatment management agencies (which may be
an existing or newly created local, regional or State  agency or po-
tential subdivision) for each area designated under subsection (a)
of this section and submit  such designations to the Administrator.
    (2) The Administrator shall accept any such designation, un-
less, within 120 days of such designation, he finds  that the des-
ignated  management agency (or agencies) does not have adequate
authority—
        (A) to carry out appropriate portions of an areawide waste
    treatment management plan developed under subsection (b) of
    this section;
        (B) to manage effectively waste treatment works and relat-
    ed facilities serving such area in conformance with any plan re-
    quired by subsection (b) of this section;
        (C) directly or by contract, to design and construct new
    works, and to operate and maintain new and existing works as
    required by any plan developed pursuant to subsection (b) of
    this section;
        (D) to accept and utilize  grants, or other funds from any
    source, for waste treatment management purposes;
        (E) to raise revenues, including the assessment of waste
    treatment charges;
        (F) to incur short- and long-term indebtedness;
        (G) to assure in implementation  of an  areawide  waste
    treatment management plan that  each participating commu-
    nity pays its proportionate share of treatment costs;
        (H) to refuse to receive any wastes from any municipality
    or subdivision thereof, which does  not comply with any provi-
    sions of an approved plan under this section applicable to such
    area; and
        (I) to accept for treatment industrial wastes.
    (d) After a waste treatment  management agency having the
authority required by subsection (c)  has been designated under
such subsection for an area and a plan for such area has been ap-
proved under subsection (b) of this section, the Administrator shall
                                                     not make any grant for construction of a publicy owned treatment
                                                     works under section 201(gXD within such area except to such des-
                                                     ignated agency and for works in conformity with such plan.
                                                         (e) No permit under section 402 of this Act shall be issued for
                                                     any point source which is in conflict with a plan approved pursuant
                                                     to subsection (b) of this section.
                                                         (fXD The Administrator shall make grants to any agency des-
                                                     ignated under subsection (a) of this section for payment of the rea-
                                                     sonable costs of developing and operating a continuing areawide
                                                     waste treatment management  planning process under subsection
                                                     (b) of this section.
                                                         (2) For the  two-year period beginning on the date of the first
                                                     grant is made under paragraph (1) of this subsection to an agency,
                                                     if such first grant is  made before October 1, 1977, the amount of
                                                     each such grant to such agency shall be 100 per centum of the costs
                                                     of developing and operating a continuing areawide waste treatment
                                                     management planning process under subsection (b) of this section,
                                                     and thereafter the amount granted to such agency shall not exceed
                                                     75 per centum of such costs in each succeeding one-year period. In
                                                     the case of any  other grant made to an agency under such para-
                                                     graph (1)  of this subsection, the amount of such grant shall not ex-
                                                     ceed 76 per centum of the costs of developing and operating a con-
                                                     tinuing areawide waste treatment management planning process in
                                                     any year.
                                                        (3) Each applicant for a grant under this subsection shall sub-
                                                     mit to the Administrator for his approval each proposal for which
                                                     a  grant is applied  for under this  subsection. The Administrator
                                                     shall act  upon such proposal as soon as practicable after it has
                                                     been submitted,  and his approval of that proposal shall be deemed
                                                     a contractual obligation of the United States for the payment of its
                                                     contribution to such proposal, subject to such amounts as are pro-
                                                     vided in appropriation Acts. There is authorized to be appropriated
                                                     to carry put this  subsection not to exceed $50,000,000 for the fiscal
                                                     year ending June 30, 1973, not to exceed $100,000,000 for the fiscal
                                                     year ending June 30,  1974,  not to exceed  $150,000,000 per fiscal
                                                     year for the fiscal years ending June 30, 1975, September 30, 1977,
                                                     September 30, 1978, September 30, 1979, and September 30, 1980,
                                                     not to exceed $100,000,000 per fiscal year for the fiscal years end-
                                                     ing September 30,  1981, and September 30,  1982, and such sums
                                                     as may be necessary for fiscal years 1983 through 1990.
                                                        (g) The Administrator is authorized, upon request of the Gov-
                                                     ernor or the designated planning agency, and without reimburse-
                                                     ment,  to consult with, and  provide technical assistance  to, any
                                                     agency designated under subsection (a) of this section in the devel-
                                                     opment of areawide waste treatment management plans under sub-
                                                     section (b) of this section.
                                                        (hXD  The  Secretary of the Army, acting through the Chief of
                                                     Engineers, in cooperation with the Administrator is authorized and
                                                    directed, upon request of the Governor or the designated planning
                                                    organization, to consult with, and provide technical assistance to,
                                                    any agency designed1 under subsection (a) of this section in devel-
                                                     "80 In original. Probably should b* Mwigiutad*.

-------
opiag and operating si continuing areawide waste treatment man-
agementplanning process under subsection (b) of this section.
    (2) Their® is authorized to be appropriated to the Secretary of
the Army, to carry oat this subsection, not to exceed $50,000,000
per fiscal year for the fiscal years ending June 30, 1973, and June
30, 1974.
    (i)(l) The Secretary of the Interior, acting through the Director
of the United States Pish and Wildlife Service, shall, upon request
of the Governor of a State, and without reimbursement, provide
technical assistance to  such State in developing a statewide pro-
gram for submission  to  the  Administrator  under subsection
(b)(4KB) of this section and in implementing such program after its
approval.
    (2) There is authorized to be appropriated to the Secretary of
the Interior  $6,000,000 to complete the National Wetlands Inven-
tory of the United States, by December 31, 1981,  and  to provide in-
formation from such Inventory to States as it becomes available to
assist such States in the development and operation of programs
under this Act.
    (jXD The Secretary of Agriculture, with the concuBrerace of the
Administrator,  and acting through the Soil Conservation Service
and such other, agencies of the  Department of Agriculture as the
Secretary may  designate, is authorized and  directed to establish
and administer a  program to enter into contracts, subject to  such
amounts as  are provided in advance by appropriation acts, of not
less than five years nor more than ten years with owners and oper-
ators having control of rural land for the purpose of installing and
maintaining measures incorporating best management practices to
control nonpoint source pollution for improved water quality in
those States or areas for which  the Administrator has approved a
plan under  subsection  (b) of this section where the practices to
which the contracts apply are certified by the management agency
designated under  subsection (cXi) of this section to be consistent
with such plans and will result in improved water  quality. Such
contracts may be  entered into during the period ending  not  later
than September 31, 1988. Under such contracts the lane owners or
operator shall agree—
        (i) to effectuate a plan approved by a soil conservation dis-
    trict, where one exists,  under this section for his farm, ranch,
    or other land substantially in accordance with the  schedule
    outlined therein unless any requirement thereof is waived or
    modified by the Secretary;
        (ii) to forfeit all rights to further payments or grants under
    the contract and refund to the United States all payments and
    grants received thereunder,  with interest, upon his violation of
    the contract at any stage during the time he has control of the
    land if the Secretary, alter considering the recommendations of
    the soil conservation district, where one exists, and the Admin-
    istrator, determines that such violation is of such a nature as
    to warrant termination of the contract, or to make refunds or
    accept such payment adjustments as the Secretary may deem
    appropriate if Ke determines that the violation by the owner or
         (iii) upon transfer of his right and interest in  the farm,
     ranch, or other land during the contract period to  forfeit all
     rights to further-payments or grants under the contract and re-
     fund  to  the  United States  all payments or grants received
     thereunder,  with  interest, unless the transferee of any such
     land agrees with the Secretary to assume all obligations of the
     contract;
         (iv) not to adopt any practice specified by the Secretary on
     the advice of the  Administrator in the contract as a practice
     which would tend  to defeat the purposes of the contract;
         (v) to such additional provisions as the Secretary deter-
     mines are desirable and includes in the contract to effectuate
     the purposes of the program or to facilitate the practical ad-
     ministration of the program.
     (2) In return for such agreement by the landowner or operator
 the Secretary shall agree to provide technical assistance and share
 the cost of carrying out those conservation practices and  measures
 set forth in the contract for which he determines that cost sharing
 is  appropriate and in  the public interest and which are approved
 for cost sharing by the  agency designated to implement the plan
 developed under  subsection (b) of this section. The portion of such
 cost (including labor) to be shared shall be that part which the Sec-
 retary determines is necessary and appropriate to effectuate the in-
 stallation of the water quality management practices and measures
 under the contract, but  not to exceed 50 per centum of the total
 cost of the measures set forth in the contract; except the Secretary
 may increase the matching cost share where he determines that (1)
 the main benefits to be  derived from the measures are related to
 improving offsite  water  quality,  and (2) the matching share re-
 quirement would  place a burden on  the landowner which would
 probably prevent him from participating in the program.
     (3) The Secretary may terminate any contract with a land-
 owner or operator by mutual agreement with the owner or operator
| if the Secretary determines that such termination would be in the
 public interest, and may agree to  such modification of  contracts
 previously entered into  as he may determine to be desirable to
 carry out the purposes of the program or facilitate the practical ad-
 ministration thereof or to accomplish equitable treatment with re-
 spect to other conservation, land use, or water quality programs.
     (4) In providing assistance under this subsection the Secretary
 will give priority to those areas and sources that have the most sig-
 nificant  effect upon water quality. Additional  investigations  or
 plans  may be made,  where  necessary, to  supplement  approved
 water quality management plans, in order to determine priorities.
     (5) The Secretary  shall, where .practicable,  enter into agree-
 ments with soil conservation  districts,  State soil and water con-
 servation agencies, or  State water quality agencies to administer
 all or part of the program established in this subsection under reg-
 ulations developed by the Secretary. Such agreements shall provide
 for the submission of  such reports as  the  Secretary deems nec-
 essary, and for payment by the Umited States of such portion of the
 costs incurred in the admimotoaHaora of the program aa  the Sec-

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71
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 210
                                                                         Sec. 211
                                                                         FEDERAL WATER POLLUTION CONTROL ACT
                                                                              72
    (6) The contracts under this subsection shall be entered into
only in areas where the management agency designated under sub-
section (cXl) of this section assures an adequate level of participa-
tion  by owners and operators having control of rural land in such
areas. Within such areas the local soil conservation district, where
one exists, together with the Secretary of Agriculture, will deter-
mine the priority of assistance among individual land owners and
operators to assure that the most critical water quality  problems
are addressed.
    (7) The Secretary, in consultation with the Administrator and
subject to section 304(k) of this Act, shall, not later than September
30, 1978, promulgate regulations for carrying out this subsection
and  for support and cooperation with other Federal and  non-Fed-
eral  agencies for implementation of this subsection.
    (8) This  program  shall not be used  to authorize or finance
projects that would otherwise be eligible for assistance under the
terms of Public Law 83-566.
    (9) There are hereby authorized to be appropriated to the Sec-
retary  of  Agriculture  $200,000,000  for   fiscal  year   1979,
$400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981,
$100,000,000 for fiscal year 1982, and such sums as may be nec-
essary for  fiscal years 1983 through  1990, to carry  out  this sub-
section. The program authorized under this subsection shall be in
addition to, and not in substitution of, other programs in such area
authorized by this or any other public law.
(33 U.S.C. 1288)
                        BASIN PLANNING
    SEC. 209. (a) The President, acting  through the Water Re-
sources Council, shall, as soon as practicable, prepare  a Level B
plan under the Water Resource Planning  Act for all basins in the
United  States. All such  plans shall be completed not  later than
January 1, 1980, except that priority in  the preparation of such
plans shall be given to those basins and portions thereof which are
within those areas designated under paragraphs (2), (3), and (4) of
subsection (a) of section 208 of this Act.
    (b) The President, acting through the Water Resources Council,
shall report annually  to Congress on progress being made in carry-
ing out this section. The first such report shall be submitted not
later than January 31, 1973.
    (c) There is authorized to be appropriated to carry out this sec-
tion not to exceed $200,000,000.
(33 U.S.C. 1289)
                        ANNUAL SURVEY
    SEC. 210. The Administrator shall annually make a survey to
determine the efficiency of the operation and maintenance of treat-
ment works constructed with grants made under this Act, as com-
pared to the efficiency planned at the  time the  grant was made.
The results of such annual  survey shall be included in the report
required under section 516Xa) of this Act.
(33 U.S.C. 1290)
                                                                           SEWAGE COLLECTION SYSTEMS

                                                             SEC. 211. (a) No grant  shall be made for a sewage collection
                                                         system under this title unless such grant (1) is for replacement or
                                                         major rehabilitation of an existing collection system  and is  nec-
                                                         essary to the total integrity and performance of the waste treat-
                                                         ment works serving such community, or (2) is for  a new collection
                                                         system  in  an existing community  with  sufficient  existing or
                                                         planned capacity  adequately to treat such collected sewage and is
                                                         consistent with section 201 of this Act.
                                                             (b) If the Administrator uses population density as a test for
                                                         determining  the eligibility of a collector sewer for assistance it
                                                         shall be only for the purpose of evaluating alternatives and deter-
                                                         mining the needs for such system in relation  to ground or surface
                                                         water quality impact.
                                                             (c) No grant shall be made under this title from funds author-
                                                         ized for any fiscal year during the period beginning October  1,
                                                         1977, and ending September 30, 1990, for treatment works for  con-
                                                         trol of pollutant discharges from separate storm sewer systems.
                                                         (33 U.S.C. 1291)

                                                                                  DEFINITIONS

                                                             SEC. 212. As used in this title-
                                                             CD The term "construction" means any one or  more of the fol-
                                                         lowing: preliminary planning to determine the feasibility  of treat-
                                                         ment works, engineering, architectural, legal, fiscal, or economic in-
                                                         vestigations  or studies, surveys, designs,  plans, working drawings,
                                                         specifications, procedures, field testing of innovative or alternative
                                                         waste water  treatment  processes and  techniques  meeting guide-
                                                         lines promulgated under section 304(dX3) of this Act, or other nec-
                                                         essary actions, erection, building, acquisition,  alteration,  remodel-
                                                         ing, improvement, or extension of treatment works, or the inspec-
                                                         tion or supervision of any of the foregoing items.
                                                             (2XA) The term "treatment works" means any devices and sys-
                                                         tems used in the storage, treatment, recycling, and reclamation of
                                                         municipal sewage  or industrial wastes of a liquid nature to imple-
                                                         ment section 201 of this act,  or necessary to recycle or reuse water
                                                         at the most  economical cost  over the estimated life of the works,
                                                         including intercepting sewers, outfall sewers, sewage collection sys-
                                                         tems, pumping, power,  and  other equipment, and their appur-
                                                         tenances; extensions, improvements, remodeling, additions, and al-
                                                         terations thereof; elements essential to provide a reliable  recycled
                                                         supply such  as standby treatment units and  clear well facilities;
                                                         and any works, including site acquisition of the land that will be
                                                         an  integral part of the treatment process (including land use for
                                                         the storage of treated wastewater in land treatment systems prior
                                                         to land application) or is used for ultimate disposal of residues re-
                                                         sulting from such treatment.
                                                            (B) In addition to the definition contained in subparagraph (A)
                                                       -of this paragraph, "treatment works" means any other method or
                                                         system for preventing, abating, reducing, storing, treating, separat-
                                                         ing, or disposing of municipal waste, including  storm water runoff.
                                                         or industrial waste, including waste in combined storm water ana
                                                         sanitary  sewer systems. Any application  for construction grants

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S9@.
which includes wholly or in part such methods or systems shall, in
accordance with guidelines published by the Administrator pursu-
ant to subparagraph (C) of this paragraph, contain adequate^ date
and analysis demonstrating- such proposal to be, over the life of
such works, the most cost efficient alternative to comply with sec-
tions 301 or 302 of this Act, or the requirements of section 201 of
this Act.
    (C) For the purposes of subparagraph (B) of this paragraph,
the Administrator shall, within one hundred and eighty days_ after
the date of enactment of this title, publish and thereafter revise no
less often than annually, guidelines for the evaluation of methods,
including cost-effective analysis, described in subparagraph (B) of
this paragraph.
    (3) The term "replacement" as used in this title  means those
expenditures for obtaining and installing equipment, accessories, or
appurtenances during the useful life of the treatment works nec-
essary to maintain the capacity and performance for which  such
works are designed and constructed.
(33 U.S.C. 1292)

   LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS

    SEC. 213. (a)  Subject to the conditions of this section and to
such terms and conditions as  the Administrator determines to be
necessary to carry out the purposes of this title, the Administrator
is authorized to guarantee, and to make commitments to guaran-
tee, the  principal and interest  (including interest accruing between
the date of default and the date of the payment in full of the guar-
antee) of any loan, obligation, or participation therein  of any State,
municipality, or intermunicipal or interstate agency issued directly
and exclusively to the Federal  Financing Bank to finance that part
of the cost of any grant-eligible project for the construction of pub-
licly owned treatment works not paid for with Federal financial as-
sistance under this title (other than this section), which project the
Administrator has determined to be  eligible for such  financial as-
sistance under this title, including, but not limited to, projects eligi-
ble for reimbursement under section 206 of this title.
    (b) No guarantee, or commitment to make a guarantee, may be
made pursuant to this section—
        (1) unless the Administrator  certifies that the issuing body
    is unable to obtain on reasonable terms sufficient credit to fi-
    nance its actual needs without such guarantee; and
        (2) unless the Administrator determines that there is a
    reasonable assurance or repayment of the loan, obligation, or
    participation therein.
A determination of whether financing is available at reasonable
rates shall be mad® by the Secretary  of the Treasury with relation-
ship to the current average yield on outstanding marketable obliga-
tions of municipalities of comparable maturity.
    (c) The Administrator is authorized to charge reasonable fees
for the investigation of an application for a guarantee and for the
issuance of a commitment to make a guarantee.
    (d_) The Administrator, sa  determining whether there ia a rea-
                              may require a commitment wMch
                  would apply to such repayment. Such commitment may include,
                  but not be limited to, any funds received by such grantee from the
                  amounts appropriated under section 206 of this Act.
                  (33 U.S.C.,1293)

                                      PUBLIC INFORMATION

                     SEC. 214. The Administrator shall develop and operate within
                  one year of the date of enactment of this section, a continuing pro-
                  gram of public information and education on recycling and reuse of
                  wastewater (including sludge), the use of land  treatment, and
                  methods for the reduction of wastewater volume.
                  (33 U.S.C. 1294)

                             REQUIREMENTS FOR AMERICAN MATERIALS

                     SEC. 215. Notwithstanding any other provision of law, no grant
                  for which application is made  after February  1, 1978, shall be
                  made under this title for any treatment works unless only such un-
                  manufactured articles, materials, and supplies as have been mined
                  or produced in the United States, and only such manufactured arti-
                  cles, materials, and supplies as have been manufactured in the
                  United States, substantially all from articles, materials, or supplies
                  mined, produced, or manufactured, as the case may be, in the Unit-
                  ed States will bo used in such treatment works.  This section shall
                  not apply in any case where the Administrator  determines, based
                  upon those factors the Administrator deems relevant, including the
                  available resources  of the agency, it to be inconsistent with the
                  public  interest  (including multilateral government procurement
                  agreements) or the cost to be unreasonable, or if articles, materials,
                  or supplies of the class or kind to be used or the articles, materials,
                  or supplies from which they are manufactured are not mined, pro-
                  duced!, or manufactured, as the  case may be, in  the United States
                 in sufficient and reasonably available commercial quantities and of
                 a   "
                 (33 U.S.C. 1296)

                                   DETERMINATION OF PRIORITY

                     SEC. 216. Notwithstanding any other provision of this Act, the
                 determination of the priority to be given each category of projects
                 for  construction of publicly owned  treatment works within each
                 State shall be made solely by that State, except that if the Admin-
                 istrator, after a public hearing, determines that a specific project
                 will not result in compliance with this ®nforcsab!e requirements of
                 this Act, such project shall be removed from the State's priority list
                 and such State shall submit a revised priority list. These categories
                 shall include, but not be limited to (A) secondary treatment, (B)
                 more stringent  treatment,  (C) infiltration-in-flow  correction, (D)
                 major sewer system rehabilitation, (E) new collector sewers and ap-
                 purtenances, (F) new interceptors and appurtenances, and (G) cor-
                 rection  of combined sewer overflows. Not less than 25 per centum
                 of funds allocated to a State in any fiscal year under this title for
                 construction of publicly owned treatment works in such  State shall
                 be  obligated  for fchos® types of projects  referred to in clauses (D),
                ~(E), (F), and (G) of &Ms ©sctaoa, if such projects suns on such Stats'®

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 75
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 218
Sec. 219
FEDERAL WATER POLLUTION CONTROL ACT
76
 priority list for that year and are otherwise eligible for funding in
 that  fiscal year. It is the policy of Congress  that projects for
 wastewater treatment and management undertaken with Federal
 financial assistance under this Act by any State, municipality, or
 intennunicipal or interstate agency shall be projects which, in the
 estimation of the State, are designed to  achieve optimum water
 quality management,  consistent with the public  health and water
 quality goals and requirements of the Act.
 (33 USC. 1296)

                COST-EFFECTIVENESS GUIDELINES

    SEC. 217. Any  guidelines for cost-effectiveness analysis  pub-
 lished by  the Administrator under this title shall provide for the
 identification and selection of cost effective alternatives to comply
 with the objective and goals of this Act and sections  201(b), 201(d),
 201(gX2XA), and 301(bX2XB) of this Act.
 (33 U.S.C. 1297)

                      COST EFFECTIVENESS

    SEC. 218. (a) It is the policy of Congress that a project for
 waste treatment and management undertaken with  Federal finan-
 cial assistance under this Act by any State, municipality, or inter-
 municipal or interstate agency shall be considered as an overall
 waste treatment system for waste treatment and management, and
 shall  be that system  which constitutes  the most economical and
 cost-effective combination of devices and systems used in the  stor-
 age, treatment, recycling, and reclamation of municipal sewage or
 industrial  wastes of a liquid nature to implement  section 201 of
this Act, or necessary to recycle or reuse  water at the most eco-
nomical cost over the estimated life of the works, including inter-
cepting sewers, outfall sewers, sewage collection systems, pumping
power, and other equipment, and their appurtenances; extension,
improvements, remodeling, additions, and  alterations thereof; ele-
 ments essential to provide a reliable recycled supply  such as stand-
by treatment units and clear well facilities; and any  works, includ-
ing site acquisition of the land that will be an integral part of the
treatment process (including land use for the storage of treated
wastewater in land treatment systems prior to land  application) or
which is used for ultimate disposal of residues resulting from  such
treatment; water efficiency measures and  devices; and any other
method or system for preventing, abating,  reducing,  storing, treat-
ing, separating, or disposing of municipal waste, including storm
water runoff, or industrial waste, including  waste in combined
storm water and sanitary sewer systems; to meet the requirements
of this Act.
   (b) In  accordance  with the policy set forth in subsection (a) of
this section, before  the Administrator approves any grant to any
State, municipality, or intennunicipal or interstate agency for the
erection,  building,  acquisition, alteration, remodeling,  improve-
ment, or extension of any treatment works the Administrator shall
determine that the  facilities plan of which such. treatment works
are a  part constitutes the most economical and cost-effective  com-
bination of treatment works over the life of the project to meet the
                                                        requirements of this Act, including, but not limited to, consider-
                                                        ation of construction costs, operation, maintenance,  and replace-
                                                        ment costs.
                                                            (c) In furtherance of the policy set forth in subsection (a) of this
                                                        section, the Administrator shall require value engineering review
                                                        in connection with any treatment works, prior to approval of any
                                                        grant for the erection, building, acquisition, alteration, remodeling,
                                                        improvement, or extension of such treatment works, in any case in
                                                        which the cost of such erection, building, acquisition,  alteration, re-
                                                        modeling, improvement, or extension is projected to be in excess of
                                                        $10,000,000. For purposes of this subsection, the term "value engi-
                                                        neering review" means  a  specialized cost control technique which
                                                        uses a systematic and creative approach to identify and to focus on
                                                        unnecessarily high cost in a  project in order to arrive at a cost sav-
                                                        ing without sacrificing the reliability or efficiency of the project.
                                                            (d) This section applies to projects for waste treatment  and
                                                        management for which no treatment works including a facilities
                                                        plan for such project have received Federal  financial  assistance for
                                                        the preparation of construction plans and specifications under this
                                                        Act before the date of enactment of this section.
                                                        (33 U.S.C. 1298)

                                                                       STATE CERTIFICATION OF PROJECTS

                                                            SEC. 219. Whenever the Governor of a State which has been
                                                        delegated sufficient authority to administer the construction grant
                                                        program under  this title in that State certifies to the Administrator
                                                        that a grant application meets applicable requirements of Federal
                                                        and  State law  for assistance  under  this title,  the Administrator
                                                        shall approve or disapprove such application within 45 days of the
                                                        date of receipt  of such application. If the Administrator does  not
                                                        approve or disapprove such  application within 45 days of receipt,
                                                        the application  shall be deemed approved. If the Administrator dis-
                                                        approves such application  the Administrator shall state in writing
                                                        the reasons for such disapproval. Any grant approved or deemed
                                                        approved under this  section shall be subject to amounts provided
                                                        in appropriation Acts.
                                                        (33 U.S.C. 1299)

                                                                TITLE III—STANDARDS AND ENFORCEMENT

                                                                            EFFLUENT LIMITATIONS

                                                            SEC. 301. (a) Except as in compliance with this section and sec-
                                                        tions 302, 306, 307, 318, 402, and 404 of this Act, the discharge of
                                                        any pollutant by any person shall be unlawful.
                                                            (b) In order to carry out the  objective of this Act there shall
                                                        be achieved—
                                                               (IXA) not later than July 1,  1977, effluent limitations for
                                                            point sources, other than publicly owned treatment  works, (i)
                                                            which shall require the application of the best practicable con-
                                                            trol technology currently available as defined by  the Adminis-
                                                            trator pursuant to section 304(b) of this Act, or (ii) in the case
                                                            of a discharge into a  publicly owned treatment  works which
                                                            meets the requirements of subparagraph (B) of this paragraph,

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71
FEDERAL HATEB
                                                       Sec. 301
                                                                         Sac. 30!
                                                                          FEDERAL OTEH  POUUIIOCJ EOTOOIL ACT
    which  shall  require  compliance   with  any   applicable
    pretreatment requirements and any requirements under sec-
    tion 307 of this Act; and
        (B) for publicly owned  treatment works  in existence on
    July 1, 1977, or approved pursuant to section 203 of this Act
    prior to June 30, 1974 (for which  construction must be com-
    pleted within four years of approval), effluent limitations based
    upon secondary  treatment  as defined by the Administrator
    pursuant to section 304(d)(3L) of this Act; or,
        (C) not later than July I,  1977, any more stringent limita-
    tion, including those necessary to  meet water quality stand-
    ards, treatment  standards,  or schedule of compliance, estab-
    lished pursuant to any State law or regulations, (under author-
    ity preserved by section 510) or any other Federal law or regu-
    lation,  or required to implement any applicable water quality
    standard established pursuant to this Act.
        (2XA) for pollutants identified in subparagraphs (C), (D),
    and (F) of this paragraph, effluent limitations for  categories
    and classes of point sources,  other than publicly owned treat-
    ment works, which (i)  shall require application of the best
    available technology economically achievable for such category
    or class, which will result in reasonable  further progress  to-
    ward the national goal of eliminating the discharge of all pol-
    lutants,  as  determined in accordance with regulations issued
    by  the Administrator pursuant to  section 304(b){2) of this Act,
    which  such effluent limitations shall require the elimination of
    discharges of all pollutants if the  Administrator finds, on the
    basis of information available to him (including information  de-
    veloped pursuant to section 315), that such elimination is tech-
    nologically and economically achievable for category or class of
    point sources as determined in accordance with regulations is-
    sued by  the Administrator pursuant to section 304(bX2) of this
    Act, or (ii) in the case  of the introduction of a pollutant into
    a publicly owned treatment works  which meets the require-
    ments of subparagraph (B)  of this paragraph, shall require
    compliance with any applicable pretreatment requirements and
    any other requirement under section 307 of this Act;
         [(B) subparagraph (B) repealed by section 2Mb) of P.L.  97-
     117.1
         (C)  with respect to all toxic pollutants referred to in table
     I of Committee Print Numbered  95-30 of the Committee on
     Public Works and  Transportation of the House of Representa-
     tives compliance with effluent limitations in accordance with
     subparagraph (A)  of this paragraph as  expeditiously as prac-
     ticable but in no case later than three years after the date such
     limitations are promulgated under section 304(b), and in no
     case later than March 31, 1989;
         (D) for all toxic pollutants listed under paragraph (1) of
     subsection (a) of section 307 of this Act which are not referred
     to in subparagraph (C) of this paragraph compliance with efflu-
     ent limitation  in  accordance with subparagraph  (A)  of this
     paragraph as expsditiously as practicable, but in no case later
     than  three years  aUte the  dato  ench limitations  are promul-
                                                                             gated under section  304(b), and in no case later than March
                                                              UJL9 JLtrtsts,
                                                                  (E) as expeditiously as  practicable  but in no case later
                                                              than  three years after the date such limitations are protnul-
                                                               fated under  section 304(b), and in no case later than  March
                                                               1, 1989, compliance  with effluent  limitations for categories
                                                              and classes of point sources, other than  publicly owned treat-
                                                              ment works, which in the case of pollutants identified pursuant
                                                              to section 304(a)(4) of this Act shall require application of the
                                                              best conventional pollutant control technology as determined in
                                                              accordance with regulations issued by the Administrator pur-
                                                              suant to section 304(b)(4) of this Act; and
                                                                  (F) for all pollutants (other than those subject to subpara-
                                                              graphs (C), (D), or (E) of this  paragraph) compliance with efflu-
                                                              ent limitations in accordance with  subparagraph (A)  of this
                                                              paragraph as expeditiously as practicable but in no case later
                                                              than  3  years after the date  such limitations are established,
                                                              and in no case later than March 31, 1989.
                                                                  (3)(A) for effluent limitations  under  paragraph (IXAXi) of
                                                              this subsection promulgated after January 1, 1982, and  requir-
                                                              ing a level of control substantially  greater or  based on fun-
                                                              damentally different control technology than under permits for
                                                              an industrial category issued before such date, compliance as
                                                              expeditiously  as  practicable  but  in  no case later than three
                                                              years after the date such limitations  are  promulgated  under
                                                              section  304(b), and in  no case later than March 31, 1989; and
                                                                  (B) for any effluent limitation  in accordance with para-
                                                              graph (IKAXi), (2XAXi), or (2XE) of this subsection established
                                                              only on the basis of section 402(aXO in  a  permit issued after
                                                              enactment of the Water Quality Act of 1987, compliance as ex-
                                                              peditiously as practicable but in no case later than three years
                                                              after  the date such limitations are established, and in no case
                                                              later than March 31, 1989.
                                                              (c) The Administrator may  modify  the  requirements of sub-
                                                           section (bX2XA) of this section with respect to any point source for
                                                           which a permit application is filed alter July  1, 1977, upon a show-
                                                           ing by the owner or operator of such point source satisfactory to the
                                                           Administrator that such modified requirements (1) will represent
                                                           the maximum use of technology  within the economic capability of
                                                           the owner or operator;  and (2)  will  result in reasonable further
                                                           progress toward the elimination of the  discharge of pollutants.
                                                              (d) Any effluent  limitation required by paragraph (2) of sub-
                                                           section (b) of this section shall be reviewed at least every five years
                                                           and, if appropriate, revised pursuant  to the  procedure established
                                                           under such paragraph.
                                                              (e) Effluent limitations established pursuant to this section or
                                                           section 302 of this Act shall be applied to all point sources of dis-
                                                           charge of pollutants in accordance with  the provisions of this Act.
                                                              (0 Notwithstanding  any other provisions of this Act it shall be
                                                           unlawful  to discharge any radiological, chemical, or biological war-
                                                           fare agent,  any high-level  radioactive waste,  or any  medical waste,
                                                           into the navigable waters.
                                                              (g) MODIFICATIONS FOR CERTAIN  NONCONVENTIONAL POLLUT-
                                                           ANTS.—

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79
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
       (1) GENERAL  AUTHORITY.—The  Administrator,  with the
    concurrence of the State, may modify the requirements of sub-
    section (bX2XA) of this section with respect to the  discharge
    from any point source of ammonia,  chlorine, color,  iron, and
    total phenols (4AAP) (when determined by the Administrator
    to be a pollutant covered by subsection (b)(2)(F)) and any other
    pollutant which the Administrator lists under paragraph (4) of
    this subsection.
       (2)  REQUIREMENTS  FOR  GRANTING  MODIFICATIONS.—A
    modification under this subsection shall be granted only  upon
    a showing by the owner or operator of a point source satisfac-
    tory to the Administrator that—
           (A) such modified requirements will  result at a mini-
       mum in compliance with the requirements of subsection
       (bXIXA) or (C) of this section, whichever is applicable;
           (B) such modified requirements will not result in any
       additional requirements  on any other point  or  nonpoint
       source; and
           (C) such modification will not interfere with the at-
       tainment or maintenance of that  water quality which  shall
       assure protection of public water supplies, and the protec-
       tion and propagation of a balanced population of shellfish,
       fish, and wildlife, and allow recreational  activities, in and
       on the water and such modification will  not result in the
       discharge of pollutants in quantities which may reasonably
       be anticipated to pose an  unacceptable risk to human
       health or the environment because  of  bioaccumulation,
       persistency in the environment, acute toxicity, chronic tox-
       icity   (including   carcinpgenicity,    mutagenicity    or
       teratogenicity), or synergistic propensities.
       (3) LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c)
    MODIFICATION.—If an owner or operator of a point source ap-
    plies for a modification under this subsection with respect to
    the discharge of any pollutant, such owner or  operator shall be
    eligible to apply for modification under subsection (c)  of this
    section with respect to such pollutant only during the same
    time-period as he is eligible to apply for a modification under
    this subsection.
       (4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.—
           (A) GENERAL AUTHORITY.—Upon  petition  of  any per-
       son, the Administrator may add  any pollutant to the list
       of pollutants for which modification under this section is
       authorized (except for pollutants identified pursuant  to
       section 304(aX4) of this Act, toxic pollutants subject to sec-
       tion 307(a) of this Act, and the thermal component of dis-
       charges) in accordance with the provisions of this para-
       graph.
           (B) REQUIREMENTS FOR LISTING.—
           "*  (i)  SUFFICIENT  INFORMATION.—The  person  peti-
        - tioning for listing of an additional pollutant under this
           subsection shall submit to the Administrator  sufficient
           information to make the determinations  required by
           this subparagraph.
Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
BO
                                                                         (ii) TOXIC CRITERIA DETERMINATION.—The Admin-
                                                                     istrator  shall determine whether or not the pollutant
                                                                     meets the criteria for listing as a toxic pollutant under
                                                                     section 307(a) of this Act.
                                                                         (iii)  LISTING AS TOXIC POLLUTANT.—If the Admin-
                                                                     istrator  determines that  the pollutant meets the cri-
                                                                     teria for listing as a toxic  pollutant under  section
                                                                     307(a), the  Administrator shall  list the pollutant as a
                                                                     toxic pollutant under section 307(a).
                                                                         (iv)   NONCONVENTIONAL  CRITERIA   DETERMINA-
                                                                     TION.—If the Administrator determines- that the  pol-
                                                                     lutant does not meet  the criteria for Using as  a toxic
                                                                     pollutant under such section and determines that ade-
                                                                     quate test methods and sufficient data are available to
                                                                     make the determinations required by paragraph (2) of
                                                                     this subsection with respect to  the pollutant, the Ad-
                                                                     ministrator shall add the  pollutant to the list of pollut-
                                                                     ants specified in paragraph (1) of this subsection for
                                                                     which modifications are  authorized  under this sub-
                                                                     section.
                                                                     (C) REQUIREMENTS FOR FILING OF PETITIONS.—A peti:
                                                                 tion for lising of a pollutant under this paragraph—
                                                                         (i) must be filed not later than 270 days after the
                                                                     date of promulgation  of an applicable effluent guide-
                                                                     line under section 304;
                                                                         (ii)  may be filed before promulgation of  such
                                                                     guideline; and
                                                                         (iii)  may be filed  with an application  for a modi-
                                                                     fication under paragraph (1) with respect to the dis-
                                                                     charge of such pollutant.
                                                                     (D) DEADLINE FOR APPROVAL OF PETITION.—A decision
                                                                 to add a pollutant to the list of pollutants for which modi-
                                                                 fications under this subsection are authorized  must be
                                                                 made within 270 days after the  date of promulgation of an
                                                                 applicable effluent guideline under section 304.
                                                                     (E) BURDEN OF PROOF.—The burden of proof for mak-
                                                                 ing the determinations under subparagraph (B) shall be on
                                                                 the petitioner.
                                                                 (5) REMOVAL OF POLLUTANTS.—The Administrator may re-
                                                             move any pollutant  from the list of pollutants for which modi-
                                                             fications are authorized  under this subsection if the  Adminis-
                                                             trator determines that adequate  test methods and sufficient
                                                             data are no longer  available for  determining whether  or not
                                                             modifications may be granted  with respect to such pollutant
                                                             under paragraph (2) of this subsection.
                                                             (h) The Administrator, with the concurrence of the State, may
                                                         issue a permit under section 402 which  modifies the requirements
                                                         of subsection (bXD(B) of this section with respect to the discharge
                                                         of any pollutant from a  publicly owned  treatment works into ma-
                                                         rine waters, if the applicant demonstrates to the satisfaction of the
                                                         Administrator that—
                                                                 (1) there is an applicable water quality standard specific to
                                                             the  pollutant for which  the modification is  requested, which
                                                             has  been identified under section 304(a)(6) of this Act;

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 83
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
    (2XA) Where a point source (other than a publicly owned treat-
 ment works) will not achieve  the  requirements  of  subsections
 (bXIXA) and (b)( IXC) of this section and—
        (i) if a  permit issued prior to July  1, 1977, to such point
    source is based upon a discharge into a publicly owned treat-
    ment works; or
        (ii) if such point source (other than a publicly owned treat-
    ment  works) had before July 1,  1977, a contract (enforceable
    against such point source) to discharge into a publicly owned
    treatment works; or
        (iii) if either an application made before July 1, 1977, for
    a construction grant under this Act for a publicly owned treat-
    ment  works, or engineering or architectural plans or working
    drawings made before July 1, 1977, for a publicly owned treat-
    ment works, show that such point source was to discharge into
    such publicly owned treatment works,
 and such publicly owned treatment works is presently unable to ac-
 cept such  discharge without construction, and in the case of a dis-
 charge to  an  existing publicly owned  treatment works, such treat-
 ment works has an extension pursuant to paragraph (1) of this
 subsection, the owner or operator of such point source may request
 the Administrator (or if appropriate the State) to issue or modify
 such a permit pursuant to such section 402 to extend such time for
 compliance. Any such request shall be filed with the Administrator
 (or if appropriate  the State) within 180 days after the date of en-
 actment of this subsection or the filing of a request by the appro-
 priate publicly owned treatment works under paragraph (1) of this
 subsection, whichever is  later. If the Administrator (or if appro-
 priate the State)  finds that  the owner or operator of such point
source has acted  in  good faith,  he may grant such request and
issue  or modify such a permit,  which shall contain a schedule of
compliance for the point source to achieve the requirements of sub-
sections (bXIXA)  and (C) of  this section and shall contain such
other terms and conditions, including  pretreatment and interim ef-
fluent limitations  and water conservation requirements applicable
to that point source, as the Administrator determines are necessary
to carry out the provisions of this Act.
    (B)  No time modification granted by the Administrator (or if
appropriate the State) pursuant to paragraph  (2XA) of this sub-
section shall extend beyond the earliest date practicable for compli-
ance or beyond the date of any extension granted to the appro-
priate publicly owned treatment works  pursuant to paragraph (1)
of this subsection, but in no event shall it extend beyond July 1,
 1988, and  no such time modification shall be granted unless (i) the
publicly owned treatment works will be in operation and available
to the point source before July 1, 1988, and will meet the require-
ments to subsections (b)(l) (B) and (C) of this section after receiv-
ing the  discharge  from that point source; and (ii) the point source
and the publicly owned treatment works have entered into an en-
forceable contract requiring the  point source to discharge into the
publicly owned  treatment works, the owner or operator of such
point source to pay the costs required under section 204 of this Act,
and the publicly owned treatment works to accept the discharge
from the point source; and (iii) the permit for such point source re-
                 Sec. 301
                                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                    84
                                                         quires point source to meet all requirements under section 307 (a)
                                                         and (b) during the period of such time modification.
                                                             (j)(l) Any application filed under this section for a modification
                                                         of the provisions of—
                                                                (A) subsection (bXD(B) under subsection (h) of this section
                                                             shall be filed not later that1 the 365th day which begins after
                                                             the date of enactment of the Municipal Wastewater Treatment
                                                             Construction Grant Amendments of 1981, except that a pub-
                                                             licly owned treatment works which prior to December 31, 1982,
                                                             had a contractual arrangement to use a  portion of the capacity
                                                             of an ocean outfall operated by another publicly owned treat-
                                                             ment works  which has  applied for or received  modification
                                                             under  subsection  (h),  may apply  for a modification of sub-
                                                             section  (h) in its own  right not later than 30  days  after the
                                                             date of the enactment of the Water Quality Act of 1987, and
                                                             except as provided in paragraph (5);
                                                                (B) subsection (b)(2XA) as it applies to pollutants identified
                                                             in subsection (bX2XF)  shall be filed not later than 270 days
                                                             after the date of promulgation of an applicable  effluent guide-
                                                             line under section 304 or not later than 270 days after the date
                                                             of enactment of the Clean Water Act of 1977, whichever is
                                                             later.
                                                             (2) Subject to paragraph (3) of this section, any  application for
                                                        a modification filed under subsection (g) of this section shall not op-
                                                        erate to stay any requirement under this Act, unless in the judg-
                                                        ment of the Administrator  such a  stay or the modification sought
                                                        will  not result in the discharge of pollutants in quantities which
                                                        may reasonably be  anticipated to pose an unacceptable risk to
                                                        human health or the environment because of bioaccumulation, per-
                                                        sistency in the environment, acute toxicity, chronic toxicity (includ-
                                                        ing carcinogenicity, mutagenicity or teratogenicity), or synergistic
                                                        propensities, and that there is a substantial likelihood that the ap-
                                                        plicant will  succeed on the  merits of such  application. In the case
                                                        of an application filed under subsection (g) of this section, the Ad-
                                                        ministrator may condition any stay granted  under this paragraph
                                                        on requiring the filing of a bond or other appropriate  security to
                                                        assure timely compliance  with the  requirements from  which a
                                                        modification is sought.
                                                                (3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).—
                                                                    (A) EFFECT OF  FILING.—An application for a modifica-
                                                                tion under subsection (g) and a petition for listing of a pol-
                                                                lutant as a pollutant for which modifications are  author-
                                                                ized under such subsection shall not stay the requirement
                                                               that the person seeking such modification or listing comply
                                                               with effluent limitations under this  Act for all pollutants
                                                               not the subject of such application or petition.
                                                                    (B) EFFECT OF DISAPPROVAL.—Disapproval of an appli-
                                                               cation for  a modification under subsection (g) shall not
                                                               stay the requirement that  the  person seeking such modi-
                                                               fication comply with  all  applicable effluent limitations
                                                               under this Act.
                                                         'So in law. Probably thould be 'than*.

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 85
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
        (4) DEADLINE FOR SUBSECTION (g) DECISION.—An applica-
    tion for a modification with respect to a pollutant filed under
    subsection (g) must be approved or disapproved not later than
    365 days after the date of such filing: except that in any case
    in which a petition for listing such pollutant as a pollutant for
    which modifications are authorized under such subsection is
    approved, such application must be approved or disapproved
    not later than 365 days after the date of approval of such peti-
    tion.
        (5) EXTENSION OP APPLICATION DEADLINE.—
            (A) IN GENERAL.—In the 180-day period beginning on
        the date  of the enactment of this paragraph, the city of
        San Diego. California, may apply for a modification pursu-
        ant to subsection  (h)  of the  requirements  of  subsection
        (bXIXB)  with respect to biological  oxygen demand  and
        total suspended solids  in the effluent discharged into ma-
        rine waters.
            (B) APPLICATION.—An application under this para-
        graph shall include a commitment by the applicant to im-
        plement a waste  water reclamation  program that, at a
        minimum, will—
               (i) achieve a system capacity of 45,000,000 gallons
            of reclaimed waste water per day by January 1, 2010;
            and
               (ii) result  in a reduction in the quantity of sus-
            pended solids discharged by the applicant into the ma-
            rine environment during  the period of the modifica-
            tion.
            (C) ADDITIONAL CONDITIONS.—The Administrator may
        not grant a modification pursuant to an application sub-
        mitted under  this  paragraph unless the Administrator de-
        termines  that such modification will result in removal of
        not less than 58 percent of the biological  oxygen demand
        (on  an annual average) and not  less than 80  percent of
        total suspended solids  (on a monthly average) in the dis-
        charge to which the application applies.
           (D) PRELIMINARY DECISION .DEADLINE.—The Adminis-
        trator shall announce a preliminary decision on an applica-
        tion submitted under this paragraph not later than 1 year
        after the date the application is submitted.
    (k) In the case of any facility subject to a permit under section
402 which proposes to comply with the requirements of subsection
(bX2XA) or (bX2XE) of this section by replacing existing production
capacity with an innovative production process which will result in
an effluent reduction  significantly greater than that required by
the limitation otherwise applicable to  such  facility and moves to-
ward the national goal of eliminating the discharge of all pollut-
ants, or with  the installation of an innovative control technique
that has a substantial likelihood for enabling the facility to comply
with the applicable effluent limitation  by achieving a significantly
greater effluent reduction than that required by the applicable ef-
fluent limitation and moves toward the national goal of eliminating
the discharge of all pollutants, or by achieving the required reduc-
tion with an innovative system that has the potential for signifi-
                                                                        Sec. 301
                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                        cantly lower costs than the systems which have been determined
                                                        by the Administrator to be economically achievable, the Adminis-
                                                        trator (or the State with an approved program under section 402,
                                                        in consultation with the Administrator) may establish a date  for
                                                        compliance under subsection (bX2)(A) or (b)(2)(E) of this section no
                                                        later than two years after the date for compliance with such efflu-
                                                        ent limitation which would otherwise be applicable under such sub-
                                                        section, if it is also determined that such innovative system has the
                                                        potential for industrywide application.
                                                            (1) Other than as provided in subsection (n) of this section, the
                                                        Administrator may not modify any requirement of this section as
                                                        it applies to any specific pollutant which is on the toxic pollutant
                                                        list under section 307(aXl) of this Act.
                                                            (m)(l) The  Administrator, with the concurrence of the State,
                                                        may issue a permit under section 402 which modifies the require-
                                                        ments of subsections (b)(l)(A) and (b)(2)(E) of this section, and of
                                                        section 403, with respect to effluent limitations to the extent such
                                                        limitations relate to biochemical oxygen demand and pH from dis-
                                                        charges by an industrial discharger in such State into deep waters
                                                        of the territorial seas, if the applicant  demonstrates and the Ad-
                                                        ministrator finds that—
                                                                (A) the facility for which modification is sought is covered
                                                            at the  time of the enactment of this subsection by National
                                                            Pollutant  Discharge  Elimination   System  permit  number
                                                            CA0005894 or CA0005282;
                                                                (B) the energy and environmental costs of meeting such re-
                                                            quirements of subsections (bXIXA) and (bX2XE) and  section
                                                            403 exceed  by an unreasonable amount the benefits to be ob-
                                                            tained, including the objectives of this Act;
                                                                (C) the applicant has established a system for monitoring
                                                            the impact  of  such discharges on a representative sample of
                                                            aquatic biota;
                                                                (D) such modified requirements will not result in any addi-
                                                            tional requirements on any other point or nonpoint source;
                                                                (E) there will be  no new or substantially increased dis-
                                                            charges from  the point source of the pollutant  to  which the
                                                            modification applies above that volume of discharge specified
                                                            in the permit;
                                                                (F) the discharge is into waters where there is strong tidal
                                                            movement and other hydrological and geological characteristics
                                                            which are necessary to allow compliance with this  subsection
                                                            and section 101(aX2) of this Act;
                                                                (G) the applicant  accepts as a condition to  the permit a
                                                            contractural obligation to use funds  in the amount required
                                                            (but not less than $250,000 per year for ten years) for research
                                                            and development of water pollution control technology, includ-
                                                            ing but not limited to closed cycle technology;
                                                               (H) the facts and circumstances present a unique situation
                                                            which, if relief is granted, will not establish a precedent or the
                                                            relaxation of the requirements of this Act applicable to simi-
                                                            larly situated discharges; and
                                                               (I) no owner or operator of a facility comparable to that of
                                                            the applicant situated in the United States has demonstrated
                                                            that it would be put at a competitive disadvantage to the appli-

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87
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
                                                                       Sec. 301
FEDERAL WATER POLLUTION CONTROL ACT
    cant (or the parent company or any subsidiary thereof) as a re-
    sult of the issuance of a permit under this subsection.
    (2) The effluent limitations established under a permit issued
under paragraph (1) shall be sufficient to implement the applicable
State water quality standards, to assure the  protection of public
water supplies and protection and propagation of a balanced, indig-
enous population of shellfish, fish, fauna, wildlife, and other aquat-
ic organisms, and  to allow recreational activities in and on the
water.  In  setting such limitations, the Administrator shall take
into account any seasonal variations and the need for an adequate
margin of safety, considering the lack of essential knowledge con-
cerning the relationship between effluent limitations  and water
quality and the lack of essential knowledge of the effects of dis-
charges on beneficial uses of the receiving waters.
    (3) A permit under this subsection may be issued for a period
not to exceed five years, and such a permit may be renewed for one
additional period not to exceed five years upon a demonstration by
the applicant and a finding by the Administrator at the time of ap-
plication for any such renewal that the provisions of this subsection
are met.
    (4) The Administrator may  terminate  a permit  issued under
this subsection if the Administrator determines that there has been
a decline in ambient water quality of the receiving waters during
the period of the permit even if a direct cause and effect relation-
ship cannot be shown: Provided,  That if the effluent from a source
with a permit issued under this  subsection is contributing  to a de-
cline in ambient water quality of the receiving waters, the Admin-
istrator shall terminate such permit.
    (n) FUNDAMENTALLY DIFFERENT FACTORS.—
        (1)  GENERAL   RULE.—The   Administrator,  with  the
    concurrence of the State, may establish an alternative  require-
    ment under subsection (bX2) or section 307(b) for a facility that
    modifies the requirements of national effluent limitation guide-
    lines or categorical pretreatment  standards that would other-
    wise be applicable to such facility, if the owner or  operator of
   such facility demonstrates to the satisfaction of the Adminis-
   trator that—
           (A) the facility is fundamentally different with respect
        to the factors (other than cost) specified in section 304(b)
        or 304(g) and considered by the Administrator in establish-
        ing such national effluent limitation guidelines or  categor-
        ical pretreatment standards;
           (B) the application—
               (i) is based solely on  information and supporting
           data submitted to the Administrator during the rule
           making for establishment of the applicable national ef-
           fluent    limitation     guidelines    or    categorical
           pretreatment standard specifically raising  the factors
           that are fundamentally different for such facility; or
               (ii) is based on information and supporting data
           referred to in clause (i) and information and support-
           ing data the applicant did not have a reasonable op-
           portunity to submit during such rulemaking;
                                                                    (C)  the alternative  requirement is  no less stringent
                                                                than justified by the fundamental difference; and
                                                                    (D)  the alternative  requirement will not result  in a
                                                                non-water quality  environmental  impact which is mark-
                                                                edly more adverse  than  the impact considered by  the Ad-
                                                                ministrator in establishing such national affluent limita-
                                                                tion guideline or categorical pretreatment standard.
                                                                (2) TIME LIMIT FOR APPLICATIONS.—An application for an
                                                            alternative requirement which modifies the requirements of an
                                                            effluent limitation or pretreatment standard under this  sub-
                                                            section must be submitted to the Administrator within 180
                                                            days after the date on which such limitation or standard is es-
                                                            tablished or revised, as  the case may be.
                                                                (3) TIME LIMIT FOR  DECISION.—The Administrator shall ap-
                                                            prove or deny by final  agency action an application submitted
                                                            under this subsection within 180 days after the date such ap-
                                                            plication is filed with the Administrator.
                                                                (4) SUBMISSION OF  INFORMATION.—The Administrator  may
                                                            allow an applicant under this subsection to submit information
                                                            and supporting data until the earlier of the  date the applica-
                                                            tion is  approved or denied or the last day that the Adminis-
                                                            trator has to approve or deny such application.
                                                                (5) TREATMENT OF  PENDING APPLICATIONS.—For the  pur-
                                                            poses of this  subsection, an application for an alternative re-
                                                            quirement based on fundamentally  different factors which is
                                                            pending on the date of the enactment of this subsection shall
                                                            be treated as having been submitted to the Administrator on
                                                            the 180th day following such date  of enactment. The applicant
                                                            may amend the application to take into account the provisions
                                                            of this subsection.
                                                                (6)  EFFECT OF SUBMISSION OF APPLICATION.—An applica-
                                                            tion for an alternative requirement under this subsection shall
                                                            not stay the  applicant's obligation to comply  with the effluent
                                                            limitation  guideline  or  categorical  pretreatment  standard
                                                            which is the subject of the application.
                                                               (7) EFFECT OF DENIAL.—If an application for an alternative
                                                            requirement  which modifies  the  requirements  of an effluent
                                                            limitation or  pretreatment standard under this subsection is
                                                            denied by the Administrator, the applicant must comply with
                                                            such limitation or standard as established or revised, as the
                                                            case may be.
                                                               (8) REPORTS.—By January 1, 1997, and January 1 of every
                                                            odd-numbered year thereafter, the Administrator shall  submit
                                                            to the Committee on Environment and  Public Works of the
                                                            Senate and the Committee on Transportation and Infrastruc-
                                                            ture of Representatives  a  report on the status of applications
                                                            for alternative requirements which modify the requirements of
                                                            effluent limitations under section 301 or 304 of this Act or any
                                                            national   categorical pretreatment  standard under  section
                                                            307(b) of this Act filed before, on,  or after such date of enact-
                                                            ment.
                                                            (o) APPLICATION FEES.—The Administrator shall prescribe  and
                                                       collect from  each  applicant fees reflecting the reasonable adminis-
                                                       trative costs incurred in reviewing and processing applications for

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               FEDERAL WATER POLLUTION CONTROL ACT
Sec. 301
                                                                        Sec. 302
                                FEDERAL WATER POLLUTION CONTROL ACT
90
modifications submitted to the Administrator  pursuant to sub-
sections (c), (g), (i), (k), (m), and (n) of section 301, section 304(dX4),
and section 316(a) of this Act. All amounts collected by the Admin-
istrator under this subsection shall be deposited into a special fund
of the Treasury entitled "Water Permits and  Related  Services"
which shall thereafter be available for appropriation to carry out
activities of the Environmental Protection Agency for which such
fees were collected.
   (p) MODIFIED PERMIT FOR COAL REMININO OPERATIONS.—
       (1) IN  GENERAL.—Subject to paragraphs (2) through (4) of
   this subsection, the Administrator, or the State in  any case
   which the State has an approved permit program under section
   402(b), may issue a permit under section 402 which modifies
   the requirements of subsection (bX2XA) of this section with re-
   spect to the pH level of any pre-existing discharge, and with
   respect to pre-existing discharges of iron and manganese from
   the renamed area of any  coal remining operation or with re-
   spect to the pH level or level of iron or manganese in any pre-
   existing discharge  affected by  the remining operation.  Such
   modified requirements  shall apply  the  best available  tech-
   nology economically achievable  on a case-by-case basis, using
   best professional judgment,  to set specific numerical effluent
   limitations in each permit
       (2) LIMITATIONS.—The Administrator or  the State  may
   only issue  a permit pursuant to paragraph (1) if the applicant
   demonstrates  to the satisfaction of the Administrator or the
   State, as the case may be,  that the coal remining operation will
   result in the potential for  improved water quality from the re-
   mining operation but in no event shall such a permit allow the
   pH level of any discharge, and in no event shall such a permit
   allow the discharges of iron and manganese, to exceed the lev-
   els being discharged from  the remined area before the coal re-
   mining operation begins. No discharge from, or affected by, the
   remining operation shall exceed State water quality  standards
   established under section 303 of this Act.
       (3) DEFINITIONS.—For purposes of this subsection—
           (A) COAL REMININO OPERATION.—The term  "coal re-
       mining operation'' means a coal mining operation which
       begins after the date  of the enactment of this subsection
       at a site on which coal mining was conducted before the
       effective date of the Surface Mining Control and Reclama-
       tion Act of 1977.
           (B) REMINED AREA.—The term "remined area" means
       only that  area of any coal remining operation  on which
       coal mining was conducted before the effective date of the
       Surface Mining Control and Reclamation Act of 1977.
           (C) PRE-EXISTING  DISCHARGE.—The term "pre-existing
       discharge" means any discharge at the time of permit ap-
       plication under this subsection.
       (4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this
   subsection  shall affect the application of the Surface Mining
   Control and Reclamation Act of 1977 to any coal remining op-
                     eration, including the application of such Act to suspended sol-
                     ids.
                 (33 U.S.C. 1311)

                          WATER QUALITY RELATED EFFLUENT LIMITATIONS

                     SEC. 302. (a) Whenever, in the judgment of the Administrator
                 or as identified under section 304(1), discharges of pollutants from
                 a point source or group of point sources, with the application of ef-
                 fluent limitations  required  under section  301(bX2)  of this Act,
                 would interfere with the attainment or maintenance of that water
                 quality in a specific portion of the navigable waters which shall as-
                 sure protection of public health, public water supplies, agricultural
                 and industrial uses, and the protection and propagation of a bal-
                 anced population  of shellfish, fish and  wildlife, and allow rec-
                 reational activities in and on the water, effluent limitations (includ-
                 ing alternative effluent control strategies) for such point source or
                 sources shall  be established  which can reasonably be expected to
                 contribute to the attainment  or maintenance of such water quality.
                     (b) MODIFICATIONS OF EFFLUENT LIMITATIONS.—
                        (1)  NOTICE  AND HEARING.—Prior  to establishment of any
                     effluent limitation pursuant  to subsection  (a) of this section,
                     the Administrator shall  publish such proposed limitation and
                     within 90 days of such publication hold a public hearing.
                        (2) PERMITS.—
                            (A) No REASONABLE  RELATIONSHIP.—The  Adminis-
                        trator, with the concurrence of the State, may issue a per-
                        mit which  modifies  the  effluent  limitations  required by
                        subsection (a) of this section for pollutants other than toxic
                        pollutants if the applicant demonstrates at  such hearing
                        that (whether or not technology or  other alternative con-
                        trol strategies are available)  there  is no reasonable rela-
                        tionship between the economic and social costs  and the
                        benefits to be obtained (including  attainment  of the  objec-
                        tive of this Act) from achieving such  limitation.
                            (B) REASONABLE PROGRESS.—The Administrator, with
                        the concurrence of the State, may  issue a permit which
                        modifies the effluent limitations required by subsection (a)
                        of this section for toxic pollutants for a single period not
                        to exceed 5 years if the applicant demonstrates to the sat-
                        isfaction of the Administrator  that such modified require-
                        ments (i) will represent  the  maximum degree of control
                        within the economic  capability of the owner and operator
                        of the source, and (ii) will result  in reasonable further
                        progress beyond the  requirements of section  301(b)(2) to-
                        ward the requirements of subsection (a) of this section.
                    (c) The establishment of effluent limitations under this section
                shall not operate to delay the application of any effluent limitation
                established under section 301 of this Act.
                (33 U.S.C. 1312)

                      WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS

                    SEC. 303. (aXD In order  to carry out the purpose of this Act,
                any water quality standard applicable to interstate waters which

-------
 was adopted toy ®ay State and submitted to, ®ad approved by, or
 is awaiting (approval by, th® Administrator pursuant to this Act as
 in elect immediately prior to th® date of enactment of th® Federal
 Water Pollution Control Act Amendments of 1972, shall remain in
 not consistent with th® applicable requirements of this Act as in ef-
 fect  immediately  prior to th® date  of enactment of the Federal
 Water Pollution Control Act Amendments of 1972. If the Adminis-
 trator makes such a determination h® shall, within three months
 after the date of enactment of the Federal Water Pollution Control
 Act Amendments of 1972, notify the State and specify the changes
 needed to meet such requirements. If such changes are not adopted
 by the State within ninety days after the date of such notification,
 the  Administrator shall promulgate such changes in accordance
 with subsections (b) of this section.
     (2) Any State which, before the date of enactment of the Fed-
 eral Water Pollution Contirol Act Amendments of 1972, has adopt-
 ed, pursuant  to its own law, water quality standards applicable to
 mtrastat® waters shall submit such standards to the Administrator
 Pollution Control Act Amendments of 1372.  Each such standard
 shall remain in effect, in the same manner and to the same extent
 as any other water quality standard established under this Act un-
 less the Administrator determines that such standard is inconsist-
 ent with the applicable requirements of this Act as in effect imme-
 diately prior to the date of enactment of the Federal Water Pollu-
 tion Control Act Amendments of 1972. If the Administrator makes
 such a determination h® shall not later than th® one hundred and
 twentieth day after th® date of submission of such standards, notify
 the State and specify th® changes needed  to meet such require-
 ments. If such changes are not adopted by the State within ninety
 days after  such notification, the Administrator  shall promulgate
 such changes in accordance with subsection (b) of this section.
    (3XA) Any State which prior to the date of enactment of the
 Federal Water Pollution! Control Act Amendments of 1972 has not
 adopted pursuant to its own laws water quality standards applica-
 ble to  intrastate  waters shall, not later than one hundred and
 eighty days after the date of enactment of the Federal Water Pollu-
 tion  Control Act  Amendments  of 1972, adopt  and submit  such
    (B) If the Administrator determines that any such standards
are consistent with the applicable requirements of this Act as in ef-
fect immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, he shall approve
such standards.
    (C) If the Administrator determines that any such standards
are not consistent with the applicable requirements of this Act as
in effect immediately prior to the date of enactment of the Federal
Water Pollution Control  Act Amendments of 1972,  he shall, not
later than th® ninetieth  day after  the date of submission of such
standards, notify tih® State and specify th® changes  to meet such
       dents. Ilf such changes .are not adopted by the State within
       I     «*   . n   A   ^^  A   - • ^  .a  **-*!    Atl  •  • .  .    A «*t
 promulgate such standards pursuant to subsection (b) of this sec-
 tion.
     (bXl) The Administrator shall promptly prepare and publish
 proposed regulations setting forth water quality standards for a
 State in accordance with the applicable requirements of this Act as
 in effect immediately prior to the date of enactment of the Federal
 Water Pollution Control Act Amendments of 1972, if—
        (A) the State fails to submit water quality standards with-
     in the times prescribed in subsection (a) of this section,
        (B) a  water quality standard  submitted  by  such  State
     under subsection (a) of this section is determined by the Ad-
     ministrator not  to be consistent with the applicable require-
     ments of subsection (a) of this section.
  '  (2) The Administrator  shall promulgate  any water quality
 standard  published  in a proposed regulation not later  than  one
 hundred and ninety days after the date he publishes any such pro-
 posed standard, unless prior to such promulgation, such State was
 adopted a water quality standard which the Administrator deter-
 mines to be  in accordance with subsection (a) of this section.
     (cXD The Governor of a State or the State water pollution con-
 trol  agency of such State shall  from time to time (but at least once
 each three year psriod beginning with the date of enactment of the
 Federal Water Pollution Control Act Amendments of 1972)  hold
 public hearings for the purpose of reviewing applicable water qual-
 ity standards  and, as appropriate, modifying and adopting stand-
 ards. Results of such review shall b® made available to  the Admin-
 istrator.
     (2XA) Whenever the State revises or adopts  a new standard,
 such revised or new standard  shall be  submitted to the  Adminis-
 trator. Such revised or new water quality standard shall consist of
 the designated uses of th® navigable waters involved and the water
 quality criteria for such waters based upon such uses. Such stand-
 ards shall be such as to protect the public  health or welfare,  en-
 hance the quality of water and  serve the purposes of this Act. Such
 standards shall be established taking into consideration their use
 and  value for public  water supplies, propagation  of fish and  wild-
 life,  recreational purposes, and agricultural, industrial, and other
 purposes, and also talking into consideration their use and value for
 navigation.
    (B) Whenever a State reviews water quality standards pursu-
 ant to paragraph (1) of this  subsection, or revises or adopts new
 standards pursuant to this paragraph, such State shall adopt cri-
 teria for all  toxic pollutants listed pursuant to section 307(a)(l) of
 this  Act  for which  criteria  have been published  under section
 304(a), the discharge or presence of which in  the affected waters
 could reasonably be  expected  to interfere with those  designated
 uses  adopted by the State, as necessary to support such  designated
 uses. Such criteria shall be specific numerical criteria for such toxic
 pollutants. Where such numerical criteria are not  available, when-
ever  a State reviews water quality standards  pursuant to para-
graph (I), or revises  or  adopts new  standards pursuant to this
paragraph, such State shall adopt criteria based on biological mon-
itoring or assessment methods consistent with information  pub-
lished pursuant to section 304(®X8). Nothing in this sectionjghall

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 93
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 303
 be construed to limit or delay the use of effluent limitations or
 other permit conditions based on or involving biological monitoring
 or assessment methods or previously adopted numerical criteria.
    (3) If the Administrator, within sixty days after the date of
 submission of the revised or new standard, determines that such
 standard meets the requirements of this Act, such standard shall
 thereafter be the water quality standard for the applicable waters
 of that State. If the Administrator determines that any such re-
 vised or new standard is not consistent with the applicable require-
 ments  of this Act, he shall not later than the ninetieth day after
 the date of submission of such standard notify the State and speci-
 fy the changes to meet such requirements. If such changes are not
 adopted by the State within ninety days after the date of notifica-
 tion, the Administrator shall promulgate such standard pursuant
 to paragraph (4) of this subsection.
    (4) The Administrator shall promptly prepare and publish pro-
 posed  regulations setting forth  a revised1 or new water quality
 standard for the navigable waters involved—
        (A) if a revised or new water quality standard submitted
    by such State under paragraph (3) of this subsection for such
    waters is determined by the Administrator not  to be consistent
    with the applicable requirements of this Act, or
        (B) in any case where the Administrator determines that
    a revised or new standard is necessary  to meet the  require-
    ments of this Act.
 The Administrator shall promulgate any revised or new standard
 under this paragraph not later than ninety days after he publishes
 such proposed standards, unless prior to such promulgation, such
 State has adopted a revised or new water quality  standard which
 the Administrator determines to be in accordance with this Act.
    (dXIXA)  Each  State  shall identify those waters within its
 boundaries for which the  effluent limitations required by section
 301(bXlXA)  and section 301(bXlXB) are not  stringent enough to
 implement any water Quality standard applicable  to such waters.
 The State shall establish apriority ranking for such waters, taking
 into account the severity of the pollution and the uses to be made
 of such waters.
    (B) Each State shall  identify those waters or  parts thereof
 within its boundaries for which controls on thermal discharges
 under  section 301 are not stringent enough to  assure protection
 and propagation of  a  balanced indigenous population of shellfish,
 fish, and wildlife.
    (C) Each State shall establish for the waters identified in para-
 graph (IXA) of this subsection, and in accordance with the priority
 ranking, the total maximum daily load, for those pollutants which
 the Administrator identifies under section 304(a)(2) as suitable for
 such calculation. Such load shall be established at a level necessary
 to implement the applicable water quality standards with seasonal
variations and a margin of safety which, takes into account any
 lack of knowledge concerning the relationship between effluent lim-
itations and water quality.
    (D) Each State shall estimate for the waters identified in para-
 graph (1XD) of this subsection the total maximum daily thermal
 loaa required to assure protection and propagation of a balanced,
                                                                      Sec. 303
                                                                      FEDERAL WATER POLLUTION CONTROL ACT
                                                                           94
                                                       indigenous population of shellfish, fish and wildlife. Such estimates
                                                       shall take into account the normal water temperatures, flow rates,
                                                       seasonal variations, existing sources of heat input, and the dissipa-
                                                       tive capacity of the identified waters or parts  thereof. Such  esti-
                                                       mates shall include a calculation of the maximum heat input that
                                                       can be made into each such part and shall include a margin of safe-
                                                       ty which  takes into account any lack of knowledge concerning the
                                                       development of thermal water quality  criteria for such protection
                                                       and propagation in the identified waters or parts thereof.
                                                          (2) Each State shall submit to the Administrator from time to
                                                       time, with the first such  submission not later  than one hundred
                                                       and eighty days after the date of publication of  the first identifica-
                                                       tion of pollutants under section 304(a)(2)(D), for his approval the
                                                       waters  identified and the  loads  established  under paragraphs
                                                       (1)(A), (1)(B),  (1)(C), and  (1)(D) of this subsection.  The Adminis-
                                                       trator shall either approve or disapprove such identification and
                                                       load not later than thirty days after the date of submission. If the
                                                       Administrator approves such identification  and load, such State
                                                       shall  incorporate  them into its current plan under subsection (e) of
                                                       this section. If the Administrator disapproves such identification
                                                       and load,  he shall not later than thirty days  after the date of such
                                                       disapproval identify such waters in such State and establish such
                                                       loads for such waters as he determines necessary to implement the
                                                       water quality  standards applicable to such waters ana upon such
                                                       identification and establishment the State shall incorporate them
                                                       into its current plan under subsection (e) of this section.
                                                          (3)  For the specific purpose of developing information, each
                                                       State shall identify all waters within its boundaries which it has
                                                       not identified under paragraph (1XA) and (1KB) of this subsection
                                                       and estimate for  such waters the total maximum daily load with
                                                       seasonal variations and  margins of safety,  for those pollutants
                                                       which the Administrator identifies under section 304(aX2)  as suit-
                                                       able for such calculation and for thermal discharges, at a level that
                                                       would assure protection and propagation  of a balanced indigenous
                                                       population of fish, shellfish and wildlife.
                                                              (4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA-
                                                          TIONS.—
                                                                 (A) STANDARD  NOT ATTAINED.—For waters identified
                                                              under paragraph (IXA) where the applicable water quality
                                                              standard has not yet been attained, any  effluent limitation
                                                              based on a total maximum daily load or other waste load
                                                              allocation established under  this section may be  revised
                                                              only if (i) the cumulative effect of all such revised effluent
                                                              limitations based  on such total  maximum  daily  load or
                                                              waste load allocation will assure the attainment  of such
                                                              water quality standard, or (ii) the designated use which is
                                                              not being attained is removed in accordance with  regula-
                                                              tions established under this section.
                                                                 (B) STANDARD ATTAINED.—For waters identified under
                                                              paragraph (1)(A) where the quality of such waters equals
                                                              or exceeds levels necessary to protect the designated  use
                                                              for such waters or otherwise required by applicable water
                                                              quality standard, any effluent limitation based on  a total
                                                              maximum daily load or other waste load allocation estab-

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95
               FEDERAL WATER POLLUTION CONTROL ACT
Sec. 303
                                                                       Sec. 304
FEDERAL WATER POLLUTION CONTROL ACT
96
        lished under this section, or any water quality standard
        established under this  section,  or  any other permitting
        standard may be revised only if such revision is subject to
        and consistent with the antidegradation policy established
        under this section.
    (eXD Each State shall have a continuing planning process ap-
proved under paragraph (2) of this subsection which is consistent
with this Act.
    (2) Each State shall submit not later than 120 days after the
date of the enactment of the Water Pollution Control Amendments
of 1972 to  the Administrator for his approval a proposed continuing
planning process which is consistent with this Act. Not later than
thirty days after the date of submission of such a process the Ad-
ministrator shall either  approve or disapprove such process. The
Administrator shall from time to time review each State's approved
planning process for the purpose  of insuring that such planning
process is  at all times consistent with this Act. The Administrator
shall not approve any State permit program under title IV of this
Act' for  any State  which does not have  an approved continuing
planning process under this section.
    (3) The Administrator shall approve any continuing planning
process  submitted to him under this section which will result in
plans for all navigable waters within such State, which include, but
are not limited to, the following:
        (A) effluent  limitations and schedules of compliance  at
    least as stringent as those required  by  section 301(bXl), sec-
    tion 301(bX2),  section  306,  and section 307, and at  least  as
    stringent as any requirements contained in  any applicable
    water  quality standard in effect under authority of this section;
        (B) the  incorporation of all  elements of  any applicable
    areawide waste management plans under section 208, and ap-
    plicable basin plans under section 209 of this Act;
        (C) total maximum daily load for pollutants in accordance
    with subsection (d) of this section;
        (D) procedures for revision;
        (E) adequate authority for intergovernmental cooperation;
       (F) adequate implementation, including schedules of com-
    pliance, for revised or new water quality standards, under sub-
    section (c) of this section;
        (G) controls over the disposition of all residual waste from
    any water treatment processing;
        (H) an inventory and ranking, in order of priority, of needs
    for construction of waste treatment works required to meet the
    applicable requirements of sections 301 and 302.
    (0 Nothing in this section shall be construed to affect any efflu-
ent limitation, or schedule of compliance required by any State to
be implemented prior to the dates set forth in sections 301(bXD
and 301(bX2) nor to preclude any State from requiring compliance
with any effluent limitation or schedule of compliance at dates ear-
lier than such dates.
    (g) Water quality-standards relating to heat shall be consistent
       i requirements of section 316 of this Act.
^j^jhe
                    (h) For the purposes of this Act the term "water quality stand-
                ards" includes thermal water quality standards.
                (33 U.S.C. 1313)

                                 INFORMATION AND GUIDELINES

                    SEC. 304. (a)(l) The Administrator, after consultation with ap-
                propriate Federal and State agencies and other interested persons,
                shall develop and publish, within one year after the date of enact-
                ment of this title (and from time to time thereafter revise) criteria
                for water quality accurately reflecting the latest scientific knowl-
                edge (A) on the kind and extent of all identifiable effects on health
                and welfare including, but not limited to, plankton, fish, shellfish,
                wildlife, plant life,  shorelines,  beaches, esthetics, and recreation
                which may be expected from the presence of pollutants in any body
                of water, including ground water; (B) on the concentration and dis-
                persal of pollutants, or their byproducts,  through biological, phys-
                ical, and chemical processes; ana (C) on the effects of pollutants on
                biological community diversity,  productivity, and stability, includ-
                ing information on the factors affecting rates of eutrophication and
                rates of organic and inorganic sedimentation for varying types of
                receiving waters.
                    (2) The Administrator, after consultation with appropriate Fed-
                eral and State agencies and other interested persons, shall develop
                and publish, within  one year after the date of enactment of this
                title (and from time to time thereafter revise) information (A) on
                the factors necessary to restore and maintain the chemical, phys-
                ical, and biological integrity of all navigable waters, ground waters,
                waters of the contiguous zone, and the oceans; (B) on the factors
                necessary for the protection and propagation of shellfish, fish, and
                wildlife for classes and categories of receiving waters and to allow
                recreational activities in and on the water; and (C) on the measure-
                ment and classification of water quality; and (D) for the purpose of
                section 303, on  and the identification  of pollutants suitable for
                maximum daily load measurement correlated with the achievement
                of water quality objectives.
                    (3) Such criteria and information and revisions thereof shall be
                issued to the States and shall be published in the Federal Register
                and otherwise made available to the public.
                    (4) The Administrator shall, within 90 days after the date of
                enactment  of the Clean Water Act of 1977 and from time to time
                thereafter,  publish and revise as appropriate information identify-
                ing conventional pollutants, including but not limited to, pollutants
                classified as biological oxygen demanding, suspended solids,  fecal
                colifonn, and pH. The thermal  component of any discharge shall
                not be identified as a conventional pollutant under this paragraph.
                    (5XA) The Administrator, to the extent practicable before con-
                sideration of any request under section 301(g) of this Act and with-
                in six months after  the date of enactment of the Clean Water Act
                of 1977, shall develop and publish  information on the factors nec-
                essary for the protection of public water supplies,  and the protec-
                tion and propagation of a balanced population of shellfish, fish and
                wildlife, and to allow recreational activities, in and on the water.

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97
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 304
                                                                       Sec. 304
                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                                           98
    (B) The Administrator, to the extent practicable before consid-
eration of any application under section 301(h) of  this Act and
within six months after the date of enactment of Clean Water Act
of 1977, shall develop and publish information on the factors nec-
essary for the protection of public water supplies, and the protec-
tion and propagation of a balanced indigenous population of shell-
fish, fish and wildlife,  and to allow recreational activities, in and
on the water.
    (6) The  Administrator shall, within three  months after enact-
ment of the Clean Water Act of 1977 and annually thereafter, for
purposes of section 301(h) of this Act publish and revise as appro-
priate information identifying each water quality standard in effect
under this Act of State law, the specific pollutants associated with
such water quality standard, ana the particular waters to which
such water quality standard applies.
       (7) GUIDANCE TO STATES.—The Administrator, after con-
    sultation with appropriate State agencies  and on the  basis of
    criteria  and information published under  paragraphs (1) and
    (2) of this subsection, snail  develop and publish, within  9
    months  after the date of the enactment of the Water Quality
    Act of 1987, guidance to  the States on performing the identi-
    fication required by section 304(1X1) of this Act.
       (8) INFORMATION  ON WATER QUALITY  CRITERIA.—The Ad-
    ministrator, after consultation with appropriate State agencies
    and within  2 years after the date  of the enactment of the
    Water Quality Act of 1987,  shall develop and publish informa-
    tion on methods for establishing and measuring water quality
    criteria  for toxic pollutants on other bases than pollutant-by-
    pollutant criteria, including biological monitoring and assess-
    ment methods.
    (b) For the purposes of adopting or revising effluent limitations
under this Act the Administrator snail, after consultation with ap-
propriate Federal and State agencies and other interested persons,
publish within one year of enactment of this title, regulations, pro-
viding guidelines for effluent limitations, and, at least annually
thereafter, revise, if appropriate, such regulations.  Such regula-
tions shall—
       (IXA) identify, in terms of amounts of constituents and
    chemical, physical, and biological characteristics of pullutants,
    the degree of effluent reduction attainable through the applica-
    tion of the best practicable  control technology currently  avail-
    able for classes and categories  to point sources (other than
    publicly owned treatment works); and
       (B) specify factors to be taken into account in determining
    the control measures  and practices to be applicable to point
    sources (other than publicly owned  treatment works) within
    such categories of classes. Factors relating to the assessment
    of best practical control technology currently available to com-
    ply with subsection (bXD of section  301 of this  Act shall in-
    clude consideration of the total cost of application of technology
    in relation to the  effluent  reduction benefits to  be achieved
    from such application, and shall also take into account the age
    of equipment and facilities involved, the process employed, the
    engineering aspects of the application of various  types of con-
                                                           trol  techniques, process changes,  non-water quality environ-
                                                           mental impact (including energy requirements), and such other
                                                           factors as the Administrator deems appropriate;
                                                               (2)(A) identify, in terms of amounts of constituents  and
                                                           chemical, physical, and biological characteristics of pollutants,
                                                           the degree of effluent reduction attainable through the applica-
                                                           tion of the best control measures and practices achievable in-
                                                           cluding treatment techniques, process and  procedure innova-
                                                           tions, operating methods,  and other alternatives for classes
                                                           and  categories of point sources (other  than publicly owned
                                                           treatment works); and
                                                               (B) specify  factors to be taken into account in determining
                                                           the best measures and practices available to comply with sub-
                                                           section (b)(2) of section 301 of this Act to be applicable to any
                                                           point source (other than publicly owned treatment works) with-
                                                           in such categories of classes. Factors relating to the assessment
                                                           of best available technology shall take into account the  age of
                                                           equipment  and facilities involved, the process employed, the
                                                           engineering aspects of the  application of various types of con-
                                                           trol techniques, process changes, the cost of achieving such ef-
                                                           fluent reduction, non-water quality environmental impact (in-
                                                           cluding energy requirements), and such other factors as the
                                                           Administrator deems appropriate;
                                                               (3) identify control measures  and practices  available to
                                                           eliminate the discharge of pollutants from categories and class-
                                                           es of point sources, taking into account  the cost of achieving
                                                           such elimination of the discharge of pollutants; and
                                                               (4)(A) identify,  in terms of amounts of constituents  and
                                                           chemical, physical, and biological characteristics of pollutants,
                                                           the degree of effluent reduction attainable through the applica-
                                                           tion  of the  best conventional pollutant control technology (in-
                                                           cluding measures and practices) for classes and categories of
                                                           point sources (other than  publicly owned treatment works);
                                                           and
                                                               (B) specify factors to be taken into account in determining
                                                           the best  conventional pollutant control  technology  measures
                                                           and practices to comply with section 301(b)(2XE) of this  Act to
                                                           be applicable to any point source (other than publicly owned
                                                           treatment works) within such categories or classes. Factors re-
                                                           lating to  the assessment of best conventional pollutant control
                                                           technology  (including measures and  practices) shall include
                                                           consideration of the reasonableness of the relationship between
                                                           the costs of attaining a reduction in effluents and the effluent
                                                           reduction benefits derived, and the comparison of the cost  and
                                                           level of reduction of such pollutants from the discharge from
                                                           publicly owned treatment works to the cost and level of reduc-
                                                           tion of such pollutants from a class or category of industrial
                                                           sources, and shall take into account the age of equipment and
                                                           facilities involved,  the process employed,  the engineering as-
                                                           pects of the  application of various types of control techniques,
                                                           process changes, non-water quality environmental impact  (in-
                                                           cluding energy  requirements), and such  other factors as  the
                                                           Administrator deems appropriate.

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mm. taaiGB Muumoa naiBHL
                                                       §8G. IE
MOJITO CQHTROL ACT
     (c) The  Administrator, after  consultation, with  appropriate
 Federal  and State agencies and other interested persons, shall
 issue to the States ami appropriate water pollution control agencies
 within 270 days after enactment of this title (and from time to time
 thereafter) information on the processes, procedures, or operating
 methods which reBislfc in the elimination or reduction of the die-
 charge of poltatanto to implement standards of performance under
 section 3QS of this Act. swch information shall include technical
 and other  data, including  costs,  ao are available on alternative
 methods of elimination or reduction of the discharge of pollutants.
 Such information, and revisions thereof, shall be published in the
 Federal Register and otherwise shall ba made available to the pub-
 lic.
    (dXD The Administrator, after consultation with  appropriate
 Federal and State agencies and other interested persons, shall pub-
 lish within sixty days after enactment of this title (and from time
 to time thereafter) information, in terms of amounts of constituents
 and chemical, physical, and biological characteristics of pollutants,
 on  the degree of effluent reduction attainable through th® applica-
 tion of secondary treatment.
    (2) The Administrator, after consultation with appropriate Fed-
 eral and State agencies and other interested persons, shall publish
 within nine months after the date of enactment of this  title (and
 from time  to time thereafter)  information on  alternative  waste
 treatment management techniques and systems available to imple-
 ment section 201 of this Act.
    (3) The Administrator, after consultation with appropriate Fed-
 eral and  State agencies and other interested persons, shall promul-
gate witin one hundred and eighty days after the date of enactment
of this subsection guidelines for identifying and evaluating innova-
tive and  alternative wastewater treatment process and techniques
referred to in section 201(gX5) of this Act.
    (4) For the purposes  of this subsection, such biological treat-
 ment facilities as oxidation ponds, lagoons, and  ditches and trick-
ling filters  shall! be deemed the equivalent of secondary treatment.
The Administrator shall provide guidance  under paragraph (1) of
this subsection on design criteria for such facilities, taking into ac-
count pollutant removal efficiencies and,  consistent with the objec-
tive of the  Act, assuring that water quality will not be  adversely
affected by deeming such facilities as the equivalent of secondary
treatment.
    (e) The Administrator, after consultation with appropriate Fed-
eral and  State agencies and other interested persons, may publish
regulations, supplemental  to  any  effluent limitations  specified
under subsections (b) and (c) of this section for a class or category
of point sources, for any specific pollutant which  the Administrator
is charged with a duty to regulate as a toxic or hazardous pollutant
under section 307(aXl) or 311 of this Act, to control plant site run-
off,  spillage or leaks, sludge or waste disposal, and drainage from
raw material storage which the Administrator determines are asso-
ciated with or ancillary to the industrial manufacturing or treat-
ment process within sraadi ©lass or category of point sources and
may contribute significant amounts of such poHutants, to navigable
       Amy applaedbla ©unteafe
                                                        shall be included as a requirement for the purposes of section 301,
                                                        302, 307, or 403, as the case ,may be, in any permit issued to a
                                                        point source pursuant to section 402 of this Act.
                                                           (0 The Administrator, after consultation with appropriate Fed-
                                                        eral and State agencies  and other interested persons, shall issue to
                                                        appropriate Federal agencies, the States, water pollution  control
                                                        agencies,  and agencies  designated under section 208 of this Act,
                                                        within one year after the effective date of this subsection (and from
                                                        time  to time thereafter) information including  (1) guidelines for
                                                        identifying and  evaluating the nature  and extent of nonpoint
                                                        sources of pollutants, and (2) processes, procedures, and methods to
                                                        control pollution resulting from—
                                                               (A) agricultural and silvicultural activities, including run-
                                                           off from fields and crop and forest lands;
                                                               (B) mining activities, including runoff and siltation from
                                                           new,  currently  operating, and abandoned surface and  under-
                                                           ground mines;
                                                               (C) all construction activity, including runoff from  the fa-
                                                           cilities resulting from such construction;
                                                               (B) the disposal of pollutants in wells or in subsurface ex-
                                                           cavations;
                                                               (E) salt  water intrusion resulting from reductions of fresh
                                                           water flow  from  any  cause, including extraction of ground
                                                           water, irrigation, obstruction, and diversion; and
                                                               (F) changes in  the movement, flow, or circulation  of any
                                                           navigable waters or ground waters, including changes  caused
                                                           by the construction of dams, levees, channels, causeways,  or
                                                           flow diversion facilities.
                                                       Such  information and revisions thereof shall be published  in the
                                                       Federal Register and otherwise made available to the public.
                                                           (g)(l) For the purpose of assisting States in  carrying out pro-
                                                       grams under section 402 of this Act, the  Administrator shall pub-
                                                       lish, within one hundred and twenty days after the date of enact-
                                                       ment of this title, and review at least annually  thereafter  and, if
                                                       appropriate, revise guidelines for pretreatment of pollutants which
                                                       he determines are not susceptible to treatment by publicly  owned
                                                       treatment works. Guidelines under this subsection shall be estab-
                                                       lished to control and prevent the discharge into the navigable wa-
                                                       ters, the contiguous zone, or the ocean (either directly or through
                                                       publicly owned treatment works) of any pollutant which  interferes
                                                       with, passes through, or  otherwise is incompatible with such  works.
                                                           (2) When publishing guidelines under this subsection, the Ad-
                                                       ministrator shall designate  the category or categories of  treatment
                                                       works to which the guidelines shall apply.
                                                           (h)  The Administrator  shall,  within  on® hundred and  eighty
                                                       days from the date of enactment of this title, promulgate guidelines
                                                       establishing test procedures for the analysis of pollutants  that shall
                                                       include the factors which must be provided in any certification pur-
                                                       suant to section  401 of this Act or permit application pursuant to
                                                       section 402 of this Act.
                                                           (i) The Administrator shall (1) within sixty days after the en-
                                                       actment of this title promulgate guidelines for the purpose of estab-
                                                       lishing  uniform  application forms and other minimum require-
                                                       ments for the acquisitions of information from owners and operators

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 tot
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 304
Sec. 304
                              FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                102
 of point-sources of discharge subject to any State program under
 section 402 of this Act, and (2) within sixty days from the date of
 enactment of this title promulgate guidelines establishing the mini-
 mum procedural and other elements of any State program under
 section 402 of this Act which shall include:
        (A) monitoring requirements:
        (B) reporting requirements (including procedures to make
    information available to the public):
        (C) enforcement provisions; ana
        (D) funding, personnel qualifications,  and manpower  re-
    quirements  (including a requirement that no board or body
    which approves permit  applications or portions thereof shall
    include, as a member, any person who receives, or has during
    the previous two years received, a significant portion of his in-
    come directly or indirectly  from  permit holders or applicants
    for a permit).
    (j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator
 shall, within 1  year after the date of the enactment of the Water
 Quality Act of 1987 and biennially thereafter, publish and dissemi-
 nate a lake restoration guidance manual describing methods, proce-
 dures, and processes to guide State and local efforts to improve, re-
 store, and enhance water quality in the Nation's publicly owned
 lakes.
    (kXD The Administrator shall  enter into agreements with the
 Secretary of Agriculture, the Secretary of the Army, and  the Sec-
 retary of the Interior,  and the  heads of such other departments,
 agencies, and instrumentalities of the United States as the Admin-
 istrator determines, to provide for the maximum utilization of other
 Federal laws and programs for the  purpose of achieving and main-
 taining water quality through appropriate implementation of plans
 approved under section 208 of this Act and nonpoint source pollu-
 tion management programs approved under section 319 of this Act.
    (2) The Administrator is authorized to transfer to the Secretary
 of Agriculture, the Secretary of the Army, and the Secretary of the
 Interior and the heads of such other departments, agencies, and in-
 strumentalities of the United States as the Administrator deter-
 mines, any funds appropriated  under paragraph (3) of this sub-
 section  to supplement funds otherwise appropriated to programs
 authorized pursuant to any agreement under paragraph (1).
    (3) There is authorized to be appropriated to carry out the pro-
visions of this subsection, $100,000,000 per fiscal year for the fiscal
years 1979 through 1983 and such sums as may be  necessary  for
fiscal years 1984 through 1990.
   (1) INDIVIDUAL CONTROL STRATEGIES FOR Toxic POLLUTANTS.—
        (1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT
   OF STRATEGIES.—Not later than 2 years after the date of the
   enactment of this subsection, each State shall submit to  the
   Administrator for review, approval, and implementation under
   this subsection—
            (A) a list of those waters within the State which after
        the application of effluent limitations required under sec-
        tion 301(bX2) of this Act cannot reasonably be anticipated
        to attain or maintain (i) water quality standards for such
        waters  reviewed, revised, or adopted  in accordance with
                                                              section 303(cX2)(B) of this Act, due to toxic pollutants, or
                                                              (ii) that water quality which shall assure protection of pub-
                                                              lic health, public water supplies, agricultural and indus-
                                                              trial  uses, and the protection and propagation  of a bal-
                                                              anced population of shellfish, fish and wildlife, and allow
                                                              recreational activities in and on the water;
                                                                 (B) a list of all navigable waters in such  State for
                                                              which the State does not expect the applicable standard
                                                              under section 303 of this Act will be achieved after the re-
                                                              quirements of sections 30 Kb), 306, and 307(b) are met, due
                                                              entirely or substantially to discharges from point sources
                                                              of any toxic pollutants listed pursuant to section 307(a);
                                                                 (C) for each segment of the navigable waters included
                                                              on such lists, a determination of the specific point sources
                                                              discharging any such toxic pollutant which  is believed to
                                                              be  preventing or impairing such  water quality and the
                                                              amount of each toxic pollutant  discharged  by  each  such
                                                              source; and
                                                                 (D) for each such segment, an individual control strat-
                                                              egy which the State determines will produce a reduction in
                                                              the discharge of toxic pollutants from point sources identi-
                                                              fied by the State under this paragraph through the estab-
                                                              lishment of effluent limitations under section 402  of this
                                                              Act and water quality standards under section 303(cX2)(B)
                                                              of this Act, which reduction is sufficient, in combination
                                                              with existing controls on point and nonpoint sources of pol-
                                                              lution, to achieve the applicable water quality standard as
                                                              soon as possible, but not later than 3 years after the  date
                                                              of the establishment of such strategy.
                                                              (2) APPROVAL OR DISAPPROVAL.—Not later than  120  days
                                                          after the last day of the 2-year period referred to in paragraph
                                                          (1),  the Administrator shall approve or disapprove the control
                                                          strategies submitted under paragraph (1) by any State.
                                                              (3) ADMINISTRATOR'S ACTION.—If a State fails  to submit
                                                          control strategies in accordance with paragraph (1) or the Ad-
                                                          ministrator does  not approve the control strategies submitted
                                                          by such State  in accordance with paragraph (1), then, not  later
                                                          than 1  year after the last day of the period referred to in para-
                                                          graph (2), the Administrator, in cooperation with such State
                                                          and after notice and opportunity for public comment, shall im-
                                                          plement the requirements of paragraph (1)  in such  State.  In
                                                          the  implementation  of such requirements, the Administrator
                                                          shall, at a minimum, consider for listing under this subsection
                                                          any navigable waters for which any person submits a petition
                                                          to the Administrator for listing not later than  120 days after
                                                          such last day.
                                                          (m) SCHEDULE FOR REVIEW OF GUIDELINES.—
                                                              (1) PUBLICATION.—Within 12 months after the date of the
                                                          enactment of  the Water Quality Act of 1987, and  biennially
                                                          thereafter, the Administrator shall publish in the Federal  Reg-
                                                          ister a plan which shall—
                                                                 (A) establish a schedule for the annual review and re-
                                                              vision of  promulgated effluent guidelines,  in accordance
                                                              with subsection (b) of this section;

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 103
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 305
            (B) identify categories of sources discharging toxic or
        nonconventional pollutants for which guidelines under sub-
        section (bX2) of tills section and section 306 have not pre-
        viously been published; and
            (C) establish  a schedule  for promulgation of effluent
        guidelines for categories identified in  subparagraph (B),
        under  which  promulgation of such guidelines shall be  no
        later than 4  years after such date of  enactment for cat-
        egories identified in the first published plan  or 3 years
        after the publication of the plan for categories identified in
        later published plans.
        (2) PUBLIC  REVIEW.—The Administrator shall  provide for
    public review and comment on the plan prior to final publica-
    tion.
                                                                      Sec. 306
                                                                      FEDERAL WATER POLLUTION CONTROL ACT
                                                                          104
(33 U.S.C. 1314)
                   WATER QUALITY INVENTORY
    SEC. 305. (a) The Administrator, in cooperation with the States
and with the assistance of appropriate Federal agencies, shall pre-
pare  a report to be  submitted to the  Congress on or before
January 1,  1974, which shall—
        (1)  describe the  specific  quality,  during  1973,  with
    appropriate supplemental descriptions as shall be  required to
    take into  account seasonal,  tidal, and other variations, of all
    navigable waters and the waters of the contiguous zone;
        (2) include an inventory of all point sources of discharge
    (based on a qualitative and quantitative analysis of discharges)
    of pollutants, into all  navigable waters and the waters of the
    contiguous zone; and
        (3) identify specifically those navigable waters,  the quality
    of which—
            (A) is adequate to provide for the protection and prop-
        agation of  a balanced  population of shellfish, fish, and
        wildlife and allow recreational activities in and on  the
        water;
            (B) can reasonably be expected to attain such level by
        1977 or 1983; and
           (C) can reasonably be expected to attain such level by
        any later date.
    (bXD  Each State shall prepare and submit to the Adminis-
trator by April 1, 1975, and shall bring up to  date by April 1, 1976,
and biennially thereafter, a report which shall include—
        (A) a description of the water quality of all navigable wa-
    ters in such State during the preceding year, with appropriate
    supplemental descriptions as shall be required to take into ac-
    count seasonal, tidal, and other variations, correlated with the
    quality of water required by the objective of this Act (as identi-
    fied by the Administrator pursuant to criteria published under
    section 304(a) of this Act) and the water quality described in
    subparagraph (B) of this paragraph;
        (B) an analysis of the extent to which all navigable waters
    of such State  provide for the protection  and propagation of a
                                                          balanced population of shellfish, fish,  and wildlife, and allow
                                                          recreational activities in and on the water;
                                                              (C) an analysis of the extent to which the elimination of
                                                          the discharge of pollutants and  a level of water quality which
                                                           Erovides for the protection and propagation of a balanced popu-
                                                           ition of shellfish, fish, and wildlife and allows recreational ac-
                                                          tivities in and on the water, have been or will be achieved by
                                                          the requirements of this Act,  together with recommendations
                                                          as to additional action necessary to achieve such objectives and
                                                          for what waters such additional action is necessary;
                                                              (D) an estimate of (i) the environmental impact, (ii) the
                                                          economic and social costs necessary to achieve the objective of
                                                          this Act in such State, (iii) the economic and social benefits of
                                                          such achievement, and (iv) an  estimate  of the  date of such
                                                          achievement; and
                                                              (E) a description of the  nature  and  extent  of nonpoint
                                                          sources of pollutants, and recommendations as to the programs
                                                          which  must  be undertaken to control each category of such
                                                          sources, including an estimate  of the costs of  implementing
                                                          such programs.
                                                          (2) The Administrator shall transmit  such State reports, to-
                                                      gether with an analysis thereof, to Congress on or before October
                                                      1, 1975, and October 1, 1976, and biennially thereafter.
                                                      (33 U.S.C. 1315)
                                                                   NATIONAL STANDARDS OF PERFORMANCE

                                                          SEC. 306. (a) For purposes of this section:
                                                          (1) The term "standard of performance" means a standard for
                                                      the control of the discharge of pollutants which reflects the greatest
                                                      degree of effluent reduction which the Administrator  determines to
                                                      be  achievable  through  application of the  best  available  dem-
                                                      onstrated control technology,  processes,  operating  methods, or
                                                      other alternatives, including, where practicable, a standard permit-
                                                      ting no discharge of pollutants.
                                                          (2) The term "new source" means any source, the construction
                                                      of which is commenced after the publication of proposed regulations
                                                      prescribing a standard of performance under this section which will
                                                      be applicable to  such sources, if such standard is thereafter  pro-
                                                      mulgated in accordance with this section.
                                                          (3) The term "source" means any building, structure, facility,
                                                      or installation from which there is or may  be the discharge  of pol-
                                                      lutants.
                                                          (4) The term "owner or operator" means any person who owns,
                                                      leases, operates, controls, or supervises a source.
                                                          (5) The term "construction  means any  placement, assembly, or
                                                      installation of facilities or equipment (including contractual obliga-
                                                      tions to  purchase such facilities or equipment) at  the premises
                                                      where  such equipment will be used, including preparation work at
                                                      such premises.
                                                          (bXIXA) The Administrator shall, within ninety days after the
                                                      date of enactment of this title publish (and from time to time there-
                                                      after shall revise) a list of categories of sources, which shall, at the
                                                      minimum, include:

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 105
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 306
        pulp and paper mills;
        paperboard, builders paper and board mills;
        meat product and rendering processing;
        dairy product processing;
        grain mills:
        canned ana preserved fruits and vegetables processing;
        canned and preserved seafood processing;
        sugar processing;
        textile mills;
        cement manufacturing;
        feedlots;
        electroplating;
        organic chemicals manufacturing;
        inorganic chemicals manufacturing;
        plastic and synthetic materials manufacturing;
        soap and detergent manufacturing
        fertilizer manufacturing;
        petroleum refining;
        iron and steel manufacturing;
        nonferrous metals manufacturing;
        phosphate manufacturing;
        steam electric powerplants;
        ferroalloy manufacturing;
        leather tanning and finishing;
        glass and asbestos manufacturing;
        rubber processing; and
        timber products processing.
    (B) As soon as practicable, but in no case more than one year,
after a category of sources is included in a list under subparagraph
(A) of this paragraph, the Administrator shall propose and publish
regulations establishing Federal standards of performance for new
sources within such category. The Administrator shall afford inter-
ested persons an opportunity  for written comment on such pro-
posed regulations. After considering such comments, he shall pro-
mulgate, within one hundred and twenty days  after publication of
such proposed regulations, such standards with such adjustments
as he deems appropriate. The Administrator shall, from time to
time, as technlogy and alternatives change, revise such standards
following the procedure required by this subsection  for promulga-
tion of such standards.  Standards of performance, or revisions
thereof, shall become effective  upon promulgation. In establishing
or revising Federal standards of performance for new sources under
this section,  the Administrator shall take into consideration the
cost of achieving such effluent  reduction, and any non-water qual-
ity environmental impact and energy requirements.
    (2) The Administrator may distinguish among classes,  types,
and sizes within categories of new sources for the purpose of estab-
lishing such standards and shall consider the type of process em-
ployed (including whether batch or continuous).
    (3) The provisions of this section shall apply to any new source
owned or operated by the United States.
    (c) Each State may develop and submit to the Administrator a
procedure under State law for applying and enforcing standards of
performance for new sources located in such State. If the Adminis-
                Sec. 307
FEDERAL WATER POLLUTION CONTROL ACT
106
                                                       trator finds that the procedure and the law of any State require the
                                                       application and enforcement of standards of performance to at least
                                                       the same extent as required by this section, such State is author-
                                                       ized to apply and enforce such standards of performance (except
                                                       with respect to new sources owned or operated  by the United
                                                       States).
                                                           (d) Notwithstanding any other provision of this Act, any point
                                                       source the construction of which is commenced after the date  of en-
                                                       actment  of the  Federal Water Pollution Control Act  Amendments
                                                       of 1972 and which is  so constructed as to meet all applicable stand-
                                                       ards of performance shall  not  be subject to any  more stringent
                                                       standard of performance during a ten-year period beginning on the
                                                       date of completion of such construction or during the period  of de-
                                                       preciation or amortization of such facility for the purposes of sec-
                                                       tion 167  or 169 (or  both) of the  Internal Revenue Code  of  1954,
                                                       whichever period ends first.
                                                           (e) After the effective date of standards of performance promul-
                                                       gated under this section, it shall be unlawful for any owner or oper-
                                                       ator of any new source to operate such source in violation of any
                                                       standard of performance applicable to such source.
                                                       (33 U.S.C. 1316)

                                                                TOXIC AND PRETREATMENT EFFLUENT STANDARDS

                                                           SEC.  307.  (a)(l)  On and after the  date of enactment of  the
                                                       Clean Water Act of 1977, the list of toxic pollutants or combination
                                                       of pollutants subject  to  this  Act  shall  consist  of those  toxic
                                                       polllutants listed  in  table  1 of Committee Print Numbered 95-30
                                                       of the Committee on Public Works and Transportation of the House
                                                       of Representatives, and the Administrator shall publish, not later
                                                       than the thirtieth day after the  date of enactment  of the Clean
                                                       Water Act of 1977, that list. From time to time thereafter,  the Ad-
                                                       ministrator may revise such list and the Administrator is  author-
                                                       ized to add to or remove from such list any pollutant. The Adminis-
                                                       trator in publishing any revised list, including the addition or re-
                                                       moval of any pollutant from such list, shall take into account  the
                                                       toxicity of the pollutant, its persistence, degradability, the usual or
                                                       potential presence of the affected organisms in any  waters,  the  im-
                                                       portance  of the affected organisms, and the nature and extent of
                                                       the effect of the toxic pollutant on  such organisms. A determination
                                                       of the Administrator under this  paragraph shall be final except
                                                       that if, on judicial review, such determination  was based on arbi-
                                                       trary and capricious action of the Administrator, the Administrator
                                                       shall make a redetermination.
                                                           (2) Each toxic pollutant listed  in accordance with paragraph (1)
                                                       of this subsection shall be subject to effluent limitations resulting
                                                       from the  application  of the best available technology economically
                                                       achieveable for the applicable category or class of point sources es-
                                                       tablished in accordance with section  301(bX2)(A) and 304(b)(2) of
                                                       this Act.  The Administrator, in  his discretion, may publish in the
                                                       Federal Register a proposed effluent standard (which, may  include
                                                       a prohibition)  establishing  requirements for  a  toxic pollutant
                                                       which, if an effluent  limitation is  applicable to a class or category
                                                       of point sources, shall be applicable to such category  or class only

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 if such standard imposes more stringent requirements. Such pub-
 lished effluent standard (or prohibition) shall take into account the
 toxicity of the pollutant, its persistence, degradability, the usual or
 potential presence of the affected organisms in any waters, the im-
 portance of the affected organisms and the nature and extent of the
 effect of the toxic pollutant on such organisms, and  the extent to
 which effective control is being or may be achieved under other reg-
 ulatory authority. The Administrator shall allow a period of not
 less than sixty (Says following publication of any such proposed ef-
 fluent standard (or prohibition) for written comment  by interested
 persons on such proposed standard. In addition, if  within thirty
 days of publication or any such proposed effluent standard (or pro-
 hibition) any interested person so requests, the Administrator shall
 hold a public hearing in connection therewith. Such a public hear-
 ing shall provide an opportunity for oral and written presentations,
 such cross-examination as the Administrator  determines is appro-
 priate on disputed issues of material fact, and the transcription of
 a verbatim record which shall be available to the public. After con-
 sideration of such commante and any information and  material pre-
 sented at any public hearing held on  such proposed standard  or
 prohibition, the Administrator shall promulgate such standards (or
 Srohibition) with such  modiflcaftioas as the Administrator finds are
 justified.  Such promulgation by the Administrator shall be made
 within two hundred and seventy days after publication of proposed
 standard (or prohibition). Such standard (or  prohibition) shall be
 final except that if, on judicial review, such standard was not based
 on substantial evidence, the Administrator shall promulgate a re-
 vised standard.  Effluent limitations shall be established in accord-
 ance with sections 301(bX2KA) and 304(bX2) for every toxic pollut-
 ant referred to in table 1 of Committee Print Numbered 96-30 of
 the Committee on Public  Works and Transportation  of the House
 of Representatives as Boon as practicable  after the date of enact-
 ment of the Clean Water Act of 1977, but no later  than July • 1,
 1980. Such effluent limitations or effluent standards (or prohibi-
 tions) shall be  established for every other toxic pollutant listed
under paragraph (I) of this subsection  as soon as  practicable after
it is so listed.
   (3) Each  such  effluent standard (or prohibition) shall be  re-
viewed and, if appropriate, revised at least every three years.
   (<8) Any effluent standard promulgated under this section shall
 be at that level which the Administrator determines provides an
 ample margin of safety.
    (5) When proposing or promulgating any effluent standard (or
 prohibition) under this section, the Administrator shall designate
the category or categories of sources to which the effluent standard
(or prohibition) shall apply. Any disposal of dredged material may
be included in such a category of sources after consultation with
the Secretary of the Army.
   (6) Any effluent standard (or prohibition) established pursuant
to  this section shall take effect on such date  or dates as specified
in the order promulgating such standard, but in no case, more than
am year from the elate of rorfj  promulgation.  If the Administrator
                          within one year from th® date of pro-
 Administrator  may  establish the effective date of the effluent
 standard (or prohibition) for such category at the earliest date upon
 which compliance can be feasibly attained by sources within such
 category, but in no event more than three years after the date of
 such promulgation.
     (7) Prior to publishing any regulations pursuant to this section
 the Administrator shall, to the maximum extent practicable within
 ....  ...__.. _. ...... j       .x  ._.*i.  appj-oprigto advisory committees,
    (bXD The Administrator shall, within one hundred and eighty
 days after the date of enactment of this title and from time to time
 thereafter, publish proposed regulations establishing pretreatment
 standards for introduction of pollutants into treatment works (as
 defined in section 212 of this Act) which are publicly owned for
 those pollutants  which are determined not to be  susceptible to
 treatment by such treatment works or which would interfere with
 the operation of such treatment works. Not later than  ninety days
 after such publication, and after opportunity for public hearing, the
 Administrator  shall promulgate  such  pretreatment  standards.
 Pretreatment standards under this subsection shall  specify a time
 for compliance not to exceed three years from the date of promulga-
 tion and shall be established to prevent the discharge of any pollut-
 ant through treatment works (as defined in section 212 of mis Act)
 which  are publicly owned,  which  pollutant interfere with, passes
 through, or  otherwise is incompatible with such works.  If, in the
 case of any  toxic  pollutant under subsection (a) of this section in-
 troduced by a source into a publicly owned treatment works, the
 treatment by such works removes an or any part of such toxic pol-
 lutant and the discharge from such works does not violate that ef-
 fluent  limitation  or standard which would be applicable to such
 toxic pollutant if it were discharged by such source  other than
 through a publicly owned treatment works, and  does not prevent
 sludge  use or disposal  by such works in accordance with  section
 405 of this Act, then the pretreatment requirements for the sources
 actually discharging such toxic pollutant into such publicly owned
 treatment works may be reviseol by the owner or operator of such
 works to reflect the removal of such toxic pollutant toy such works.
    (2) The Administrator shall, from time to time, as control tech-
 nology,  processes, operating methods, or other alternative change,
 revise such standards following the procedures established by this
 subsection for promulgation of such standards.
    (3) When proposing or promulgating any pretreatment stand-
 ard under this  section, the Administrator shall designate the cat-
 egory or categories of sources to which such standard shall apply.
    (4) Nothing in this subsection shall affect any pretreatment re-
 quirement established by any State or local law not in conflict with
 any pretreatment  standard established under this subsection.
    (c) In order to ensure that any source introducing pollutants
 into a publicly  owned  treatment works, which source  would be a
 new source subject to section 306 if it were to discharge pollutants,
will not cause a violation of the effluent limitations established for
 any such treatment works, the Administrator shall  promulgate
pretreatment standards for the category of such sources simMta-

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  109
FEDERAL WATER POLLUTION CONTROL ACT
                                                        Sec. 308
 neously with the promulgation of standards of performance under
 section  306 for the equivalent category of new sources.  Such
 pretreatment standards shall prevent the discharge of any pollut-
 ant into such treatment works, which pollutant may interfere with,
 pass through, or otherwise be incompatible with such works.
     (d) After the effective date of any effluent standard or prohibi-
 tion  or pretreatment standard promulgated under this  section, it
 shall be unlawful for any owner or operator of any source to oper-
 ate any source in violation of any such effluent standard or prohibi-
 tion or pretreatment standard.
    (e)   COMPLIANCE   DATE   EXTENSION   FOR   INNOVATIVE
 PRETREATMENT SYSTEMS.—In the case of any existing facility that
 proposes to comply with the pretreatment standards of subsection
 (b) of this section by applying an innovative system that meets the
 requirements of section 301(k) of this Act, the owner or operator of
 the publicly owned treatment works receiving the  treated effluent
 from such facility may extend the date for compliance with the ap-
 plicable pretreatment standard established under this section for a
 period not to exceed 2 years—
        (1)  if the Administrator determines that the innovative
    system has the potential for industrywide application, and
        (2) if the Administrator (or the State in consultation with
    the Administrator, in  any case  in  which the  State has a
    pretreatment program approved by the Administrator)—
            (A)  determines  that the  proposed extension will not
        cause the publicly owned treatment works to be in  viola-
        tion of its permit under section 402 or of section 405 or to
        contribute to such a violation,  and
            (B) concurs with the proposed extension.
(33 U.S.C. 1317)
              INSPECTIONS, MONITORING, AND ENTRY
    SEC. 308. (a) Whenever required to carry out the objective of
this Act, including but not limited to (1). developing or assisting in
the development of any effluent limitation, or other limitation, pro-
hibition, or effluent standard, pretreatment standard,  or standard
of performance under this Act; (2) determining whether any person
is in violation of any such effluent limitation, or other limitation,
prohibition or effluent  standard, pretreatment standard, or stand-
ard of performance; (3) any requirement established under this sec-
tion; or (4) carrying out sections 305,  311, 402, 404  (relating  to
State permit programs), 405, and 504 of this Act—
        (A) the Administrator shall require the owner or operator
    of any point source to (i) establish and maintain such records,
    (ii)  make such reports,  (iii) install, use, and maintain  such
    monitoring  equipment  or methods (including where appro-
    priate,  biological  monitoring  methods),  (iv) sample  such
    effluents (in accordance with such methods, at such locations,
    at such intervals, and in such- manner as the Administrator
    shall prescribe), and  (v)  provide such other information as he
    may reasonably require; and
                                                                        Sec. 308
                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                                   110
                                                                (B) the Administrator or his authorized representative (in-
                                                            cluding an  authorized contractor acting as a representative of
                                                            the Administrator), upon presentation of his credentials—
                                                                   (i) shall have a nght of entry to, upon, or through any
                                                                premises in which an effluent source is located or in which
                                                                any records required  to be maintained under clause (A) of
                                                                this subsection are located, and
                                                                   (ii) may at reasonable times have access to and  copy
                                                                any records, inspect any monitoring equipment or method
                                                                required under clause (A), and sample any effluents which
                                                                the owner or operator of such source is required to sample
                                                                under such clause.
                                                            (b) Any records, reports, or information obtained  under this
                                                        section (1) shall, in the case of effluent data, be related to any ap-
                                                        plicable effluent limitations, toxic, pretreatment, or new  source per-
                                                        formance standards, and (2) shall be available to the public, except
                                                        that upon a showing satisfactory to the Administrator by any per-
                                                        son that records, reports, or information, or particular part thereof
                                                        (other than effluent data), to which the Administrator has access
                                                        under this section, if made public would divulge methods or proc-
                                                        esses entitled to protection as trade secrets of such person, the Ad-
                                                        ministrator shall consider such record, report,  or information,  or
                                                        particular portion thereof confidential in accordance with the  pur-
                                                        poses of section 1905 of title 18 of the United States Code. Any au-
                                                        thorized representative of the Administrator (including an author-
                                                        ized contractor acting  as a representative of the Administrator)
                                                        who knowingly  or willfully publishes, divulges, discloses, or makes
                                                        known in any manner or to any extent not authorized by law any
                                                        information which is required to be considered confidential under
                                                        this subsection  shall be fined not more than $1,000 or  imprisoned
                                                        not more than 1 year, or both. Nothing in this subsection shall pro-
                                                        hibit the Administrator or an authorized representative of the Ad-
                                                        ministrator (including any authorized contractor  acting as a rep-
                                                        resentative of the Administrator) from  disclosing  records, reports,
                                                        or information to other officers, employees, or authorized represent-
                                                        atives of the United States concerned with carrying out this Act or
                                                        when relevant in any proceeding under this Act.
                                                            (c) Each  State may develop and submit to the Administrator
                                                        procedures under State law for inspection, monitoring, and entry
                                                        with respect to  point sources located in such State. If the Adminis-
                                                        trator finds that the procedures and the law of any State relating
                                                        to inspection, monitoring, and entry are applicable to at least the
                                                        same extent as  those required by this section, such State is author-
                                                        ized to apply and enforce its procedures for inspection, monitoring,
                                                        and entry with respect to point sources located in such State (ex-
                                                        cept with respect to point sources owned or operated by the United
                                                        States).
                                                            (d)  ACCESS BY  CONGRESS.—Notwithstanding any  limitation
                                                        contained in this section or any other provision of law, all informa-
                                                        tion reported to or otherwise obtained by the Administrator (or any
                                                        representative of the Administrator) under this Act shall be made
                                                        available,  upon written request of any duly authorized committee
                                                        of Congress, to such committee.
                                                        (33 U.S.C. 1318)

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                                                         See. 3B
                      FEDERAL ENFORCEMENT

      SEC. 309. (aXD Whenever,  on the basis  of any information
    .lilable to him, th® Administrator finds that any person is in vio-
  lation of any condition or limitation which implements section 301,
  302, 306, 307, 308,  318, or 405 of this Act in  a permit issued by
  a State under an approved permit program under section 402 or
  404 of this Act, he shall proceed  uneer his authority in paragraph
  (3) of this subsection or he shall notify the person in alleged viola-
  tion and such State of such finding. If beyond the thirtieth day
  after the Administrator's notification the State has not commenced
  appropriate enforcement action, the Administrator  shall issue  an
  order requiring such person to comply with such condition or limi-
  tation or shall bring  a civil action in accordance with subsection (b)
  of this section.
     (2) Whenever, on the basis of information available to him, the
  Administrator finds that violations of permit conditions or limita-
  tions as set forth in  paragraph (I) of this subsection  are so wide-
  spread that such violations appear to result from a failure of the
  State to enforce such permit conditions or limitations effectively, he
  shall so notify the State. If the Administrator finds such failure ex-
  tends beyond the thirtieth day after such notice, he shall give pub-
  lic notice of such finding. During th® period beginning with  such
  public notice and ending when such State satisfies the Adminis-
  trator that it will enforce such conditions and limitations (hereafter
 'referred to in this section as the  period of "federally assumed en-
  forcement"),  except where an  extension  has been  granted under
 paragraph (5XB) of this subsection, the Administrator shall enforce
 any permit condition or limitation with respect to any person—
         (A) by issuing an order to comply with such condition or
     limitation, or
        (B) by bringing a civil action  under subsection (b) of this
    section.
    (3) Whenever on th® basis of ©ay information available to him
 the Administrator finds that any  person is in violation  of section
 301, 302, 306, 307, 308, 33.8, or 405 of this Act, or is  in violation
 of any permit condition or limitation implementing any of such sec-
 tions in a peirmit issued under section 402  of this Act by him or
 by a State or in a permit issued under section 404 of this Act by
 a State, he shall issue an order requiring such person to comply
 with such section or requirement,  or he shall bnng  a civil action
 in accordance with subsection (b) of this section.
    (4) A copy of any order issued under this subsection shall be
 sent immediately by the Administrator to the State  in which the
violation occurs and other affected  States. In any case in which an
order under this subsection (or notice to a violator under paragraph
(1) of this subsection) is issued to a corporation, a  copy of such
order (or notice) shall b® served on any appropriate corporate offi-
cers. An order issued  under this subsection relating to a violation
of section 308 of this Act shall not take effect until the person to
whom it is issued has had an opportunity to confer  with the Ad-
ministrator coraeemiimo' fr-lhm nll/oma^ «5/>l«»s««
    (SKA) Any order Issued
trader this subsection shall be by per-
"•*• psasosmble specificity th® natuar® of
 the violation, and shall specify a time for compliance not to exceed
 thirty days in the case of a  violation of an interim  compliance
 schedule or operation and maintenance requirement and not to ex-
 ceed a time the Administrator determines to be reasonable in the
 case of a violation of a final deadline, taking into account the seri-
 ousness of the violation and any good faith efforts to comply with
 applicable requirements.
    (B) The Administrator may, if he determines (i) that any per-
 son who is a violator of, or any person who is otherwise not in com-
 pliance with, the time requirements under this Act or in any per-
 mit issued under this Act, has acted in good faith, and has made
 a commitment  (in the form of contracts or other securities) of nec-
 essary resources to achieve compliance by the earliest possible date
 after July  1, 1977, but not  later than April  1,  1979; (ii) that any
 extension under this provision will not  result in the  imposition of
 any additional  controls on any other point or nonpoint source; (iii)
 that an application for a permit under section 402  of this Act was
 filed for such person prior to December 31, 1974; and (iv) that the
 facilities necessary for compliance  with such requirements  are
 under construction, grant an extension of the date referred to in
 section 301(bXlXA) to a date which will achieve compliance at the
 earliest time possible but not later than April 1, 1979.
    (6) Whenever, on the basis of information available to him, the
 Administrator finds (A) that any  person  is  in violation of section
 301(b)(l) (A) or (C) of this Act, (B) that such person cannot meet
 the requirements  for a time extension under section 301(iX2) of
 this Act, and (C) that the most expeditious and appropriate means
 of compliance with this Act by such person is to discharge into a
 publicly owned  treatment works, then, upon request of such person,
 the Administrator may issue an  order requiring such person  to
 comply with this Act at the  earliest date practicable, but not later
 than July 1,  1983, by discharging  into a publicly owned treatment
 works if such works concur with such order. Such order shall in-
 clude a schedule of compliance.
    (b) The Administrator is authorized to commence a civil action
 for appropriate relief, including a permanent or temporary injunc-
 tion, for any violation for which he is authorized to issue a compli-
 ance order under subsection (a) of this section. Any action under
 this subsection 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 re-
strain such violation and to require compliance.  Notice of the com-
mencement of such action shall be given immediately to the appro-
priate State.
    (c) CRIMINAL PENALTIES.—
        (1) NEGLIGENT VIOLATIONS.—Any person who—
            (A) negligently violates section 301, 302, 306, 307, 308,
        311(bX3), 318, or 405 of this  Act, or any permit condition
        or  limitation implementing any of such sections in a per-
        mit issued under section 402 of this Act by the Adminis-
        trator or by a  State,  or  any requirement imposed in a
        pretreatment program approved under section 402(a)(3) or
     -  402(bX8)  of-this Act or in a  permit  issued under-section

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113
            FEDERAL WATER POLLUTION CONTROL ACT
                                                     Sec. 309
     404 of this Act by the Secretary of the Army or by a State;
     or
         (B) negligently introduces into a sewer system or into
     a publicly owned treatment works any pollutant or hazard-
     ous substance which  such person  knew  or  reasonably
     should have known could cause personal injury or property
     damage or, other than in compliance with all applicable
     Federal, State, or  local  requirements  or permits,  which
     causes such treatment works to violate any effluent limita-
     tion or condition in any permit issued to  the treatment
     works under section 402  of this Act by the Administrator
     or a State;
 shall be punished by a fine of not less than $2,500 nor more
 than $25,000 per day of violation, or by imprisonment for not
 more than 1 year, or by both. If a conviction of a person is for
 a violation committed  after a first conviction of such person
 under this paragraph, punishment shall be by a fine of not
 more than $50,000 per day of violation, or by imprisonment of
 not more than 2 years, or By both.
     (2) KNOWING VIOLATIONS.—Any person who—
        (A) knowingly violates section 301, 302, 306, 307, 308,
   .311(bX3), 318, or 405 of this Act, or any permit condition
     or limitation implementing any of such sections in a per-
     mit issued  under section  402 of this Act by the Adminis-
     trator or by a State, or any  requirement  imposed in  a
     pretreatment program approved under section 402(aX3) or
    402(bX8) of this Act or in a permit issued  under section
    404 of this Act by the Secretary of the Army or by a State;
    or
        (B) knowingly introduces into a sewer  system or into
    a publicly owned treatment works any pollutant or hazard-
    ous  substance  which such  person  knew  or reasonably
    should have known could cause personal injury or property
    damage or, other than in compliance with  all  applicable
    Federal, State, or local requirements or permits, which
    causes such treatment works to violate any effluent limita-
    tion or condition in a permit issued to the treatment works
    under  section 402 of this Act by  the Administrator or a
    State;
shall be punished by a fine of not less that $5,000 nor more
than $50,000 per day of violation, or by imprisonment for not
more than 3 yean, or by both. If a conviction  of a person is
for a violation committed after a first conviction  of such person
under  this paragraph, punishment shall be by  a fine of not
more than $100,000 per day of violation, or imprisonment of
not more than 6 years, or by both.
   (3) KNOWING ENDANGERMENT.—
       (A) GENERAL RULE.—Any person  who knowingly vio-
   lates section 301, 302, 306, 307, 308, 311(bX3), 318, or 405
   of this Act, or any  permit condition or limitation imple-
   menting any of such sections in a permit issued under sec-
   tion 402 of this Act by the Administrator or by a State, or
   in a permit issued under section 404 of this Act by the Sec-
   retary of the Army or by a State, and who  knows at that
Sec. 309
FEDERAL WATER POLLUTION CONTROL ACT
                                                                                                                              114
                                                                              time that he thereby places another person in imminent
                                                                              danger of death or serious bodily injury, shall, upon convic-
                                                                              tion, be subject to a fine of not more than $250,000 or im-
                                                                              prisonment of not more than 15 years, or both. A person
                                                                              which  is an organization shall, upon conviction of violating
                                                                              this subparagraph, be subject to a  fine of not more than
                                                                              $1,000,000. If a conviction of a person is for  a violation
                                                                              committed  after a first conviction  of such person under
                                                                              this paragraph,  the  maximum  punishment shall be dou-
                                                                              bled with respect to both fine and imprisonment.
                                                                                 (B) ADDITIONAL PROVISIONS.—For the purpose of sub-
                                                                              paragraph (A) of this paragraph—
                                                                                     (i) in determining whether a defendant who is an
                                                                                 individual knew  that his conduct placed another per-
                                                                                 son in imminent danger of death or serious bodily in-
                                                                                 jury—
                                                                                         (I) the person is responsible only  for actual
                                                                                     awareness or actual belief that he possessed; and
                                                                                         (II)  knowledge possessed by a  person other
                                                                                     than the defendant but not by the defendant him-
                                                                                     self may not be attributed to the defendant;
                                                                                 except that  in proving the defendant's  possession of
                                                                                 actual  knowledge,  circumstantial  evidence may be
                                                                                 used, including evidence  that  the  defendant took af-
                                                                                 firmative steps to shield  himself from relevant infor-
                                                                                 mation;
                                                                                     (ii) it is an affirmative defense to prosecution that
                                                                                 the conduct charged was consented to by  the person
                                                                                 endangered and  that the  danger and  conduct charged
                                                                                 were reasonably foreseeable hazards of—
                                                                                         (I) an occupation, a business, or a profession;
                                                                                     or
                                                                                         (II) medical treatment or medical or scientific
                                                                                     experimentation conducted by professionally ap-
                                                                                     proved methods and  such  other person had been
                                                                                     made aware of the risks involved prior to giving
                                                                                     consent;
                                                                                 and  such defense may be established under this sub-
                                                                                 paragraph by a preponderance of the evidence;
                                                                                     (iii) the term "organization" means a legal entity,
                                                                                 other than a government, established or organized for
                                                                                 any  purpose,  and such term includes  a corporation,
                                                                                 company,  association, firm, partnership, joint  stock
                                                                                 company, foundation, institution, trust, society, union,
                                                                                 or any other association of persons; and
                                                                                     (iv) the term "serious bodily injury" means bodily
                                                                                 injury which  involves a substantial risk of death, un-
                                                                                 consciousness, extreme physical pain, protracted and
                                                                                 obvious disfigurement, or protracted loss  or  impair-
                                                                                 ment of the  function of  a  bodily member, organ, or
                                                                                 mental faculty.
                                                                              (4) FALSE STATEMENTS.—Any person who knowingly makes
                                                                          any false material statement, representation, or certification in
                                                                          any application, record, report, plan, or other document filed or

-------
 119
    required to be maintained wider this Act or who knowingly fal-
    sifies, tampers with, or readers inaccurate any monitoraag de-
    vie® or method raraired to bs maintained under this Act, .shall
    upon  conviction, las  punished by  si fin®  of not mons  than
    $10,000, 07 by imprisonment for not more than 2 years, or by
    both. If a conviction  of a persom is for a violation committed
    after a  first conviction of such person under this paragraph,
     Sunishment shall be  by a fine of not mons than $20,000 per
     ay of violation, or by imprisonment of not mons than 4 years,
    or by both.
        (6) TREATMENT OF SINGLE  OPERATIONAL UPSET.—For pur-
    poses of'this subsection, a single operational upset which leads
    to simultaneous violations of more  than one pollutant param-
    eter shall be treated as a single violation.
        (6)  RESPONSIBLE CORPORATE OFFICER AS "PERSON".—For
    the purpose of this subsection, the term "person" means, in ad-
    dition to the definition contained in section 502(5) of this Act,
    any responsible corporate offices'.
        (7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of
    this subsection, the term "hazardous substance" means (A) any
    substance  designated pursuant to section 311(bX2XA) of this
    Act, (B) any element, .compound,  mixture, solution,  or sub-
    stance designated pursuant to  section 102 of the Comprehen-
    sive Environmental Response, Compensation, and Liability Act
    of 1980, (C) any hazardous waste  having the characteristics
  .  identified under or listed pursuant to section 3001 of the Solid
    Waste Disposal Act (but not including any waste the regulation
    of which under the Solid  Waste Disposal Act has been sus-
    pended  by Act of Congress),  (D)  any  toxic pollutant  listed
    under section 307(a) of this Act, and  (E) any imminently haz-
    ardous  chemical  substance or mixture with respect to which
    the Administrator has taken action pursuant to section 7 of the
    Toxic Substances Coateol Act.
    (d) Any person who violates section  301, 302, 306, 307, 308,
311(bX3), 318 or 405 of this Act, or any permit condition or limita-
tion implementing any of such sections in a permit issued under
section 402 of this Act by the  Administrator, or by a State, or in
a permit issued under section 404 of this Act by a State,,1 or any
requirement imposed in a pretreatment program approved under
section 402(aX3) or 402(bX8) of this Act, and any person who vio-
lates any order issued by the Administrator under subsection (a) of
this section, 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 violation or
violations, the economic benefit (if any) resulting from the viola-
tion, any history of such violations,  any good-faith efforts to comply
with the applicable requirements, the economic impact of the pen-
alty on the violator, and such other matters as justice may require.
For purposes of this  subsection, a  single operational upset which
leads to simultaneous violations of more than one pollutant param-
  •S» in low. S=o P.L. MMWrcGt. 313{aHl). 101 Slot. 
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117
FEDERAL WATER POLLUTION CONTROL ACT
Sac. 309
       case may be, shall give to the person to be assessed such
       penalty written notice of the Administrator's or Secretary's
       proposal to  issue such order and  the opportunity to re-
       quest, within 30 days of the date the notice is received by
       such person, a hearing on the proposed order. Such hear-
       ing shall not be subject to section 664 or 666 of title 5,
       United States Code, but shall provide a reasonable oppor-
       tunity to be heard and to represent evidence.
           (B)  CLASS II.—The amount of a class II civil penalty
       under paragraph (1) may not exceed $10,000 per day for
       each day during which the violation continues; except that
       the maximum amount of any class II civil penalty under
       this  subparagraph shall not exceed $125,000. Except as
       otherwise provided in this subsection, a class II civil pen-
       alty shall be assessed and collected in the same manner.
       and subject to the same provisions, as in the case of civil
       penalties assessed and collected after notice and  oppor-
       tunity for a hearing on the record in accordance with  sec-
       tion 564 of title 6, United States Code. The Administrator
       and the Secretary may issue rules for discovery procedures
       for hearings under this subparagraph.
       (3) DETERMINING AMOUNT.—In determining the amount of
   any penalty  assessed under this subsection, the Administrator
   or the Secretary, as the case  may be, shall take into account
   the nature, circumstances, extent and gravity of the violation,
   or violations, and, with respect to the violator, ability to pay,
   any prior history of such violations, the degree of culpability,
   economic benefit or  savings (if any) resulting from the viola-
   tion, and such other matters as justice  may require. For pur-
   poses of this subsection, a single operational upset which leads
   to simultaneous violations of more than one pollutant param-
   eter shall be treated as a single violation.
       (4) RIGHTS OF INTERESTED PERSONS.—
          (A) PUBLIC NOTICE.—Before issuing an order assessing
       a civil penalty under this subsection the Administrator or
       Secretary, as the case may be,  shall provide public  notice
       of and reasonable opportunity to comment on the proposed
      issuance of such order.
          (B) PRESENTATION OF EVIDENCE.—Any person who
      comments on a  proposed  assessment of a penalty  under
      this subsection shall be given notice of any hearing held
      under this subsection ana of the order assessing such pen-
      alty. In any hearing held under this subsection, such per-
      son shall have a reasonable opportunity to be heard and
      to present evidence.
          (C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
      If no  hearing is  held under paragraph (2) before issuance
      of an order assessing a penalty under this subsection, any
      person who commented on the proposed  assessment may
      petition,  within 30 days after the issuance of such  order,
      the Administrator or Secretary, as the case may be,  to set
      aside such order and to provide a hearing on the penalty.
      If the evidence presented  by the petitioner in support of
      the petition is material and was not considered in the issu-
                                                                      Sec. 309
FEDERAL WATER POLLUTION CONTROL ACT
118
                                                               ance of the order, the Administrator or Secretary shall im-
                                                               mediately set aside such order and provide a hearing in ac-
                                                               cordance with paragraph (2XA) in the case of a class I civil
                                                               penalty and paragraph (2KB) in the case of a class II civil
                                                               penalty. If the Administrator or Secretary denies a hearing
                                                               under this subparagraph, the Administrator  or Secretary
                                                               shall provide to the petitioner, and publish in the Federal
                                                               Register, notice of and the reasons for such denial.
                                                               (5) FINALITY OF ORDER.—An order issued under this sub-
                                                            section shall become final 30 days after  its issuance unless a
                                                            petition for judicial review is filed under  paragraph (8) or a
                                                            hearing is requested under paragraph (4)(C). If such a hearing
                                                            is denied, such order shall become final 30 days after such de-
                                                            nial.
                                                               (6) EFFECT OF ORDER.—
                                                                   (A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.—
                                                               Action taken by the Administrator or the Secretary, as the
                                                               case may be, under this subsection shall not affect or limit
                                                               the Administrator's or Secretary's authority to enforce any
                                                               provision of this Act; except that any  violation—
                                                                       (i) with respect to which the Administrator or the
                                                                   Secretary has commenced  and is  diligently prosecuting
                                                                   an action under this  subsection,
                                                                       (ii) with respect to which a State has commenced
                                                                   and is diligently  prosecuting an action under a State
                                                                   law comparable to this subsection, or
                                                                       (iii) for which the Administrator, the  Secretary, or
                                                                   the State has issued a  final order not subject to fur-
                                                                   ther judicial review  and the violator has paid a pen-
                                                                   alty assessed under this subsection, or  such  com-
                                                                   parable State law, as the case may be,
                                                               shall not be the subject of a  civil penalty action under sub-
                                                               section (d) of this section or section  311(b) or section 505
                                                               of this Act.
                                                                   (B) APPLICABILITY OF LIMITATION  WITH  RESPECT TO
                                                               CITIZEN SUITS.—The limitations contained in subparagraph
                                                               (A) on civil penalty actions under section 505 of this Act
                                                               shall not apply with  respect to any  violation for which—
                                                                       (i) a civil action  under section  505(aXD of this Act
                                                                   has been filed prior to commencement  of an action
                                                                   under this subsection, or
                                                                       (ii) notice of  an  alleged  violation  of  section
                                                                   605(aXD of this Act  has been given in accordance with
                                                                   section 505(bXlXA)  prior to commencement of an ac-
                                                                   tion under this subsection and an action under section
                                                                   605(aXD with respect to such alleged violation is filed
                                                                   before the 120th  day after the date on which such no-
                                                                   tice is given.
                                                               (7) EFFECT OF ACTION ON COMPLIANCE.—No action by the
                                                            Administrator or the Secretary under this subsection^ shall af-
                                                            fect any person's obligation to comply with any section of this
                                                            Act or with the terms and conditions of any permit issued pur-
                                                            suant to section 402 or 404 of this Act.

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     (8) JUDICIAL RBViEW^-Any  person  against whom  a civil
 penalty is assessed under this subsection or who commented
 on the proposed assessment of such penalty in accoirdanc® with
 paragraph (4) may obtain review of such assessment—
        (A) in the case of assessment of a class I civil penalty,
     in the United States District Court for the District of Co*
     lumbia or in the district in  which the violation  is alleged
     to have occurred, or
        (B) in the case of assessment of a class II civiS penalty,
     in United States Court of Appeals for  the District of Co-
     lumbia Circuit or for any other circuit in which such per-
     son resides or transacts business,
by filing & notice of appal in such  court within the 30-day pe-
riod beginning on the Gate the civil penalty order is issued and
by  simultaneously sending a copy  of such  notice by certified
mail to the Administrator or the Secretary, as the case may be,
and the Attorney General. The Administrator or the  Secretary
shall promptly file in such court a  certified copy of the record
on which  the order was issued. Such court  shall not set aside
or remand such  order unless  there is not substantial evidence
in the record, taken as a whole, to support the Ending of a vio-
lation or unless  the Administrator's or Secretary's assessment
of the penalty constitutes an  abuse of discretion and shall not
impose additional civil  penalties  for the  same violation!  unless
the  Administrator's or Secretary's  assessment of the penalty
constitutes an abuse of discretion.
    (9) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
        (A) after the order making  the assessment has become
    final, or
        (B) after a court in an action brought under paragraph
    (8) has entered a final judgment in  favor of the Adminis-
    trator or the Secretary, as the case may be,
the Administrator or fifee Secretary shall request the Attorney
General to bring a civil action in an appropriate district court
to recover the amount assessed (plus interest at currently pre-
vailing rates from the date of the Eraal order or the date of the
final judgment, as the case may be). In such an action, the va-
lidity, amount, and appropriateness of such penalty  shall not
be subject to review. Any person who fails to pay on a timely
basis the  amount of an assessment of a civil  penalty as de-
scribed in  the first sentence of this paragraph shall be required
to pay, in  addition to such amount and interest, attorneys fees
and  costs  for collection  proceedings and  a  quarterly nonpay-
ment penalty for each quarter during which such failure to pay
persists. Such nonpayment  penalty shall be  in an amount
equal to 20 percent of the aggregate amount of such person's
penalties and nonpayment penalties which are unpaid as of the
beginning  of such quarter.
    (10) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and testi-
mony of witnesses and the  production  of relevant papers,
      or  dccwm
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 121
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 310
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
                                                                           122
 or local governments. On  the basis of the evidence presented at
 such hearing, the board shall within sixty days after completion of
 the hearing make findings of fact as to whether or not such pollu-
 tion is occurring and shall thereupon by decision, incorporating its
 findings therein, make such recommendations to abate the pollu-
 tion as may be appropriate and shall  transmit such decision and
 the record of the hearings to the Administrator. All such decisions
 shall be public. Upon receipt of such  decision, the Administrator
 shall promptly implement the board's  decision in accordance with
 the provisions of this Act.
    (d) In connection with any  hearing called  under this sub-
 section, the board is authorized to require any persons whose al-
 leged activities result in discharges causing or contributing to pol-
 lution to  file with it in such forms as it may prescribe, a report
 based on existing data, furnishing such information as may reason-
 ably be required as to the character, kind, and quantity of such dis-
 charges and  the use of facilities or other means to prevent or re-
 duce such discharges by the person filing such a report. Such re-
 port shall be made under oath or otherwise, as the board may pre-
 scribe, and shall be filed with the board within such reasonable pe-
 riod as it  may prescribe, unless additional time is granted by it.
 Upon a showing satisfactory to the board by the person filing such
 report that such  report or portion thereof (other than effluent
 data), to which the Adminsitrator has access under this section, if
 made public would divulge trade secrets or secret processes of such
 person, the board shall consider such report or portion thereof con-
 fidential for the purposes of section 1905 of title 18 of the United
 States Code. If any person required to file any report  under this
 paragraph shall fail to do so within the time fixed by the board for
 filing the same, and such failure shall continue for thirty days after
 notice of such default, such person shall forfeit to the United States
 the sum of $1.000 for each and every  day of the continuance of
 such failure, which forfeiture shall  be payable into the Treasury of
 the United States, and shall be recoverable in a  civil suit  in the
 name of the United States in the district court of the United  States
 where such person has his principal office or in any  district in
 which  he  does business. The Administrator may upon application
 therefor remit or mitigate  any  forfeiture provided for under this
subsection.
    (e) Board members, other than officers or employees of Federal,
State, or local governments, shall be for each day (including travel-
 time) during which they are performing board business,  entitled to
receive compensation at a rate fixed by the Administrator but not
in excess of the maximum rate of pay for grade GS-18, as provided
in the General Schedule under section 5332 of title 5 of the United
States Code, and shall, notwithstanding the limitations of sections
5703 and 5704 of title 5 of the United  States Code, be fully reim-
bursed for travel, subsistence, and related expenses.
    (f) When anv such recommendation adopted by the Adminis-
trator involves the institution of enforcement proceedings against
any person to obtain-the abatement of pollution subject to such rec-
ommendation, the Administrator shall institute such proceedings if
he believes that the evidence warrants such proceedings. The dis-
 trict court of the United  States shall consider and determine  de
                                                        novo all relevant issues, but shall receive in evidence the record of
                                                        the proceedings before the conference or hearing board. The court
                                                        shall have jurisdiction to enter such judgment and orders enforcing
                                                        such judgment as it deems appropriate or to remand such proceed-
                                                        ings to the Administrator for such further action as it may direct.
                                                        (33 U.S.C. 1320)

                                                                   OIL AND HAZARDOUS SUBSTANCE LIABILITY

                                                            SEC. 311. (a) For the purpose  of this section, the term—
                                                                (1) "oil"  means oil of any kind or in any form, including,
                                                            but not limited to,  petroleum, fuel oil, sludge,  oil  refuse,  and
                                                            oil mixed with wastes other than dredged spoil;
                                                                (2) "discharge" includes, but is not limited to, any spilling,
                                                            leaking, pumping, pouring, emitting, emptying or dumping, but
                                                            excludes (A) discharges in compliance with a permit under sec-
                                                            tion  402   of this  Act,  (B)  discharges resulting from  cir-
                                                            cumstances identified and reviewed and made  a  part of the
                                                            public record with respect to a permit issued or modified under
                                                            section 402 of this Act, and subject to a condition in such per-
                                                            mit, and (C) continuous or anticipated intermittent discharges
                                                            from a point source, identified in a permit or permit applica-
                                                            tion under section 402 of this Act,  which are caused by events
                                                            occurring  within the scope of relevant operating or treatment
                                                            systems;
                                                                (3) "vessel" means every  description of watercrafl or other
                                                            artificial contrivance used,  or capable of being  used, as  a
                                                            means of transportation on water  other than a public vessel;
                                                                (4) "public  vessel" means a vessel owned or bareboat-char-
                                                            tered and operated by the  United States, or by a State or polit-
                                                            ical subdivision thereof, or by  a foreign nation, except when
                                                            such vessel is engaged in commerce;
                                                                (5) "United States" means the  States, the  District of Co-
                                                            lumbia, the Commonwealth of Puerto Rico, the Commonwealth
                                                            of the Northern Mariana Islands, Guam, American Samoa, the
                                                            Virgin Islands, and the Trust Territory  of the Pacific Islands;
                                                                (6) "owner or operator" means (A) in the case  of a vessel,
                                                            any person owning,  operating,  or chartering by demise, such
                                                            vessel, and (B) in the case of an onshore facility,  and  an off-
                                                            shore facility, any person owning or operating such onshore fa-
                                                            cility or offshore facility, and  (C) in the case of any abandoned
                                                            offshore facility, the person who owned or operated such facil-
                                                            ity immediately prior to such  abandonment;
                                                                (7) "person" includes an individual, firm, corporation, asso-
                                                            ciation, and a partnership;
                                                                (8) "remove"  or "removal"  refers  to  containment and re-
                                                            moval of the oil or  hazardous substances from  the water and
                                                            shorelines  or the  taking of such other actions as n»ay be nec-
                                                            essary to minimize or mitigate damage to the public health or
                                                            welfare, including, but not limited  to, fish,  shellfish, wildlife,
                                                            and public and private property, shorelines, and  beaches;
                                                                (9) "contiguous, zone" means the entire zone established or
                                                            to be established  by the United States under article 24 of the
                                                            Convention on the Territorial  Sea and the Contiguous Zone;

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  123
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
         (10) "onshore facility" means any facility (including, but
     not limited to, motor vehicles and rolling stock) of any kind lo-
     cated in, on, or under, any land within the United States other
     than submerged land;
         (11) "offshore facility" means any facility of any kind lo-
     cated in, on, or under, any of the navigable waters of the Unit-
     ed States,  and any facility of any kind which is subject to the
     jurisdiction of the United States and is located in, on, or under
     any other waters, other than a vessel or a public vessel;
         (12) "act of God" means an act occasioned by an unantici-
     pated grave natural disaster;
         (13) "barrel" means 42 United States gallons at 60 degrees
     Fahrenheit;
         (14) "hazardous substance" means any substance des-
     ignated pursuant to subsection (bX2) of this section;
         (16) "inland oil barge" means a  non-self-propelled  vessel
     carrying oil in bulk as cargo and certificated to operate only in
     the inland  waters of the United States, while operating in such
     waters;
         (16) "inland waters of the United States" means those wa-
     ters of the United States lying inside the baseline from  which
     the  territorial sea is measured  and those water outside such
     baseline which are a part of the Gulf Intracoastal Waterway:
         (17) "otherwise" subject to the jurisdiction of the United
     States" means subject to  the jurisdiction of the United States
     by virtue  of United States citizenship, United States vessel
     documentation or numbering, or as provided for by  inter-
     national agreement to which the United States is a party;
        (IS) "Area Committee" means an Area  Committee estab-
     lished under subsection (j);
        (19) "Area Contingency Plan" means an Area Contingency
     Plan prepared under subsection 0);
        (20) "Coast  Guard  District Response  Group"  means a
    Coast Guard District Response Group established under sub-
    section (j);
        (21) "Federal On-Scene Coordinator" means a Federal On-
    Scene Coordinator designated in the National Contingency
    Plan:
        (22) "National Contingency Plan" means  the National Con-
    tingency Plan prepared and published under subsection (d);
        (23) "National Response Unit" means  the National Re-
    sponse Unit established under subsection (j); and
        (24) "worst case discharge" means—
            (A) in  the case of a vessel,  a discharge in  adverse
        weather conditions of its entire cargo; and
            (B) in the case of an offshore facility or onshore facil-
        ity,  the largest foreseeable discharge in adverse weather
        conditions.
    (bXD The Congress hereby declares that it is the policy of the
United States that there should be no discharges of oil or hazard-
ous substances  into or upon the navigable  waters  of the United -
States, adjoining shorelines, or into or upon the waters of the con-
tiguous zone, or in connection with activities under the Outer Con-
tinental Shelf Lands Act or the Deepwater Port Act of 1974, or
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
124
                                                        which may affect natural resources belonging to, appertaining to,
                                                        or under the exclusive management authority of the United States
                                                        (including  resources under the Fishery Conservation and Manage-
                                                        ment Act of 1976).
                                                           (2)(A) The Administrator shall develop, promulgate, and revise
                                                        as may be appropriate, regulations designating as hazardous sub-
                                                        stances, other than oil as defined in this section, such elements and
                                                        compounds which, when discharged in any quantity into or upon
                                                        the navigable waters of the United States or adjoining shorelines
                                                        or the waters of the contiguous zone or in connection with activities
                                                        under the  Outer Continental Shelf Lands Act or the Deepwater
                                                        Port Act of 1974, or which may affect natural resources  belonging
                                                        to, appertaining to, or under the  exclusive  management authority
                                                        of the United States (including resources under the Fishery Con-
                                                        servation and Management Act of 1976), present an imminent and
                                                        substantial danger to the public health or  welfare,  including, but
                                                        not limited to, fish, shellfish, wildlife, shorelines, and beaches.
                                                           (B) The Administrator shall within 18 months  after the date
                                                        of enactment of this paragraph, conduct a study and report to the
                                                        Congress on methods, mechanisms, and procedures to create incen-
                                                        tives to/achieve a higher standard of care in all aspects of the man-
                                                        agement and movement of hazardous  substances on the part of
                                                        owners, operators, or persons in  charge of onshore facilities, off-
                                                        shore facilities,  or vessels. The Administrator shall include in such
                                                        study (1) limits of liability, (2) liability for third party damages, (3)
                                                        penalties and fees, (4)  spill prevention plans,  (5) current practices
                                                        in the insurance and banking industries, and (6) whether the pen-
                                                        alty enacted in  subclause (bb) of clause (iii) of subparagraph (B) of
                                                        subsection  (b)(2) of section 311 of Public Law 92-500 should be en-
                                                        acted.
                                                           (3) The discharge  of oil  or hazardous substances (i) into or
                                                        upon  the navigable waters of the United States,  adjoining shore-
                                                        lines, or into or upon the waters  of the contiguous zone, or (ii) in
                                                        connection  with activities under the Outer Continental Shelf Lands
                                                        Act or the Deepwater Port Act of 1974, or which may affect natural
                                                        resources belonging to, appertaining  to, or under  the  exclusive
                                                        management authority  of the United States  (including  resources
                                                        under  the Fishery Conservation and Management Act of 1976), in
                                                        such quantities as may be harmful as determined by the President
                                                        under  paragraph (4) of this subsection, is prohibited, except (A) in
                                                        the case of such discharges into the waters of the contiguous zone
                                                        or which may affect natural  resources belonging  to, appertaining
                                                        to, or  under the exclusive management authority of the United
                                                        States (including resources under the  Fishery Conservation and
                                                        Management Act of 1976), where permitted under the Protocol of
                                                        1978 Relating to the International Convention for the Prevention
                                                        of Pollution^from Ships, 1973, and (B) where  permitted in quan-
                                                        tities  and ai, times  and locations  or under such circumstances or
                                                        conditions as\the President may, by regulation, determine not to be
                                                        harmful. Any Regulations issued under this subsection shall be con-
                                                        sistent with maritime safety and with marine and navigation laws
                                                        and regulations and applicable water quality standards.
                                                           (4) The President shall by regulation determine for the pur-
                                                        poses of this section those quantities of oil and any hazardous sub-

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 125
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
 stances the discharge of which may be harmful to the public health
 or welfare or the environment of the United States, including but
 not limited to fish, shellfish, wildlife, and public and private prop-
 erty, shorelines, and beaches.
    (6) Any person in charge of a vessel or of an onshore facility
 or an offshore facility shall; as soon as he has knowledge of any
 discharge of oil or a hazardous substance from  such vessel or facil-
 ity in violation of paragraph (3) of this subsection, immediately no-
 tify the appropriate  agency of the  United States Government  of
 such discharge. The  Federal agency shall immediately notify the
 appropriate State agency of any State which is, or may reasonably
be expected to be, affected by the discharge of oil or a hazardous
substance. Any such person (A) in charge of a vessel from which
 oil or a hazardous substance is discharged in violation of pragraph
 (3Xi) of this subsection, or (B) in charge of a vessel from which oil
 or a hazardous substance is discharged in violation of paragraph
 (3XH) of this subsection and who is  otherwise subject to the juris-
 diction of the United States at the time of the  discharge,  or (C)  in
 charge of an onshore facility or an offshore facility, who fails to no-
 tify immediately such agency of such discharge shall, upon convic-
 tion, be fined  in accordance with title  18, United States  Code,  or
 imprisoned for not more than 5 years, or both. Notification received
 pursuant to this paragraph shall not be used against any such nat-
 ural person in any cnminal case, except a prosecution for perjury
or for giving a false statement.
       (6) ADMINISTRATIVE PENALTIES.—
           (A) VIOLATIONS.—Any owner, operator, or person  in
       charge of any vessel, onshore facility, or offshore facility—
               (i) from which oil or a hazardous substance is dis-
           charged in violation of paragraph (3), or
               (ii) who fails or refuses to comply with any regula-
           tion  issued under subsection (j) to which that owner,
           operator, or person in charge is subject,
       may be assessed  a class I or class II civil penalty by the
       Secretary of the department in which the Coast Guard  is
       operating or the Administrator.
           (B) CLASSES OF PENALTIES.—
               (i) CLASS I.—The amount of a class I civil penalty
           under subparagraph (A) may not exceed $10,000 per
           violation, except  that the  maximum amount of any
           class I civil penalty under this subparagraph shall not
           exceed $26,000. Before assessing a  civil penalty under
           this  clause,  the Administrator or Secretary, as the
           case  may be, shall give to the person to be assessed
           such penalty  written  notice of the Administrator's or
           Secretary's proposal to assess the penalty and the op-
           portunity to request,  within 30 days of the date the
           notice is received by such person, a hearing on the
           proposed penalty. Such hearing shall not be subject to
           section 654 or 666 of title 6, United States Code, but
           shall provide a reasonable opportunity to be heard and
           to present evidence.
              (ii) CLASS II—The amount of a class II civil pen-
           alty under subparagraph (A) may not exceed $10,000
                                                                        Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
126
                                                                    per day for each day during which the violation contin-
                                                                    ues; except thtit the maximum amount of any class II
                                                                    civil penalty under this subparagraph shall not exceed
                                                                    $125,000.  Except  as  otherwise  provided in this sub-
                                                                    section, a  class II civil penalty  shall be assessed and
                                                                    collected in the same manner, and subject to the same
                                                                    provisions, as  in the case of civil penalties assessed
                                                                    and collected after notice and opportunity for a hear-
                                                                    ing on the record  in accordance with  section 554 of
                                                                    title 5, United States  Code.  The Administrator and
                                                                    Secretary may issue rules for discovery procedures for
                                                                    hearings under this paragraph.
                                                                    (C) RIGHTS OF INTERESTED PERSONS.—
                                                                       (i) PUBLIC NOTICE.—Before issuing an order as-
                                                                    sessing a  class II civil penalty  under this paragraph
                                                                    the Administrator  or Secretary, as  the case may be,
                                                                    shall provide public  notice of and reasonable oppor-
                                                                    tunity to comment on the proposed  issuance of such
                                                                    order.
                                                                       (ii) PRESENTATION OF EVIDENCE.—Any person who
                                                                    comments  on a proposed assessment  of a class II civil
                                                                    penalty under  this paragraph shall be given notice of
                                                                    any hearing held  under this paragraph and of  the
                                                                    order  assessing such penalty.  In  any hearing held
                                                                    under this paragraph, such person shall  have a rea-
                                                                    sonable opportunity to be heard and to present evi-
                                                                    dence.
                                                                       (iii)  RIGHTS OF INTERESTED PERSONS TO A HEAR-
                                                                    ING.—If no hearing is held under subparagraph (B) be-
                                                                    fore issuance of an order assessing a class II civil pen-
                                                                    alty under this paragraph, any person who commented
                                                                    on the proposed assessment may petition,  within 30
                                                                    days  after the issuance of such order, the Adminis-
                                                                    trator or Secretary, as the  case may be, to set aside
                                                                    such order and to  provide a hearing on the penalty. If
                                                                    the evidence presented by the petitioner in support of
                                                                    the petition is  material and was not considered in the
                                                                    issuance of the order, the Administrator or Secretary
                                                                    shall immediately set aside such order and provide a
                                                                    hearing in accordance with subparagraph (B)(ii). If the
                                                                    Administrator  or  Secretary  denies  a hearing under
                                                                    this clause, the Administrator or Secretary shall pro-
                                                                    vide to the petitioner, and publish in  the Federal Reg-
                                                                    ister, notice of and the reasons for such denial.
                                                                    (D) FINALITY OF ORDER.—An order assessing a class II
                                                                civil penalty under this paragraph  shall become final 30
                                                                days after its issuance unless a petition for judicial review
                                                                is filed under subparagraph (G) or a hearing is requested
                                                                under subparagraph (CXiii)- If such a hearing  is denied,
                                                                such order shall become final 30 days after such denial.
                                                                 -  (E) EFFECT OF ORDER.—Action taken by the Adminis-
                                                                trator or Secretary, as  the case may be,  under this para-
                                                                graph shall not affect or limit the Administrator's or Sec-

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127
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
       retards authority to enforce any provision of this Act; ex-
       cept that any violation—
               (i) with respect to which the Administrator or Sec-
           retary has commenced and is diligently prosecuting an
           action to assess  a class II civil penalty under this
           paragraph, or
               (ii) for which the Administrator or Secretary has
           issued a final order assessing a class II  civil penalty
           not subject to further judicial review and the violator
           has paid a penalty assessed under this paragraph,
       shall not be the subject of a civil penalty action under sec-
       tion 309(d), 309(g), or 505 of this Act or under paragraph
       (7).
           (F) EFFECT OF ACTION ON COMPLIANCE.—No action by
       the Administrator or Secretary under this paragraph shall
       affect any person's obligation to comply with any section of
       this Act.
           (G) JUDICIAL REVIEW.—Any person against whom  a
       civil penalty is assessed under this paragraph or who com-
       mented on the proposed assessment of such penalty in ac-
       cordance with subparagraph (C) may obtain review of such
       assessment—
               (i) in the case of assessment of a class I civil pen-
           alty, in the United States District Court for the Dis-
           trict of Columbia or in the district in which the viola-
           tion is alleged to have occurred, or
               (ii) in the case of assessment of a  class II civil
           penalty, in United States Court of Appeals for the Dis-
           trict of Columbia Circuit or for any other circuit in
           which such person resides or transacts business,
       by filing a notice of appeal in such court within the 30-day
       period beginning on the date the civil penalty order is is-
       sued and by simultaneously sending a copy of such  notice
       by certified mail to the Administrator or Secretary, as the
       case may be, and the Attorney General. The Administrator
       or Secretary shall promptly file in such court  a certified
       copy of the record on  which the order  was issued.  Such
       court shall not set aside or remand such order unless there
       is not substantial evidence in the record, taken as a whole,
       to support the finding of a violation or unless the Adminis-
       trator's or Secretary's assessment of  the  penalty con-
       stitutes an abuse of discretion and shall not impose addi-
       tional civil penalties for the same violation unless the Ad-
       ministrator's or Secretary's assessment of the penalty con-
       stitutes an abuse of discretion.
           (H) COLLECTION.—If any person fails to pay an assess-
       ment of a civil penalty—
              (i) after the assessment has become final, or
               (ii) after a court in an  action brought under sub-
           paragraph (G) has entered a final judgment in favor of
           the Administrator or Secretary, as the case may be,
       the Administrator or Secretary shall request the Attorney
       General to bring a civil action  in  an appropriate district
       court to recover the amount assessed (plus interest at cur-
                                                                       Sec. 311
                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                                            128
                                                                rently prevailing rates from the date of the final order or
                                                                the date of the final judgment, as the case may be). In
                                                                such an action, the validity, amount, and appropriateness
                                                                of such penalty shall not be subject to review. Any person
                                                                who fails to pay on a timely basis the amount of an assess-
                                                                ment of a civil penalty as described in  the first sentence
                                                                of this subparagraph shall be required to pay, in addition
                                                                to such amount and interest, attorneys  fees and costs for
                                                                collection proceedings and a quarterly nonpayment penalty
                                                                for each quarter during which such failure to pay persists.
                                                                Such nonpayment penalty shall be in an amount equal to
                                                                20 percent  of the  aggregate  amount of such person's pen-
                                                                alties and nonpayment penalties which are unpaid as of
                                                                the beginning of such quarter.
                                                                   (I)  SUBPOENAS.—The Administrator  or Secretary, as
                                                                the case may be, may issue  subpoenas for the attendance
                                                                and testimony of witnesses and the production of relevant
                                                                papers, books, or  documents in connection with hearings
                                                                under this  paragraph.  In case of contumacy or refusal to
                                                                obey a subpoena issued pursuant to this subparagraph  and
                                                                served upon any person,  the district court of the United
                                                                States for any district  in which such person is found, re-
                                                                sides, or transacts business,  upon application by the Unit-
                                                                ed 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 administrative law judge or
                                                                to appear and produce documents before the administra-
                                                                tive law judge, or both, and any failure to obey such order
                                                                of the court may be punished by such court as a contempt
                                                                thereof.
                                                                (7) CIVIL PENALTY ACTION.—
                                                                   (A) DISCHARGE, GENERALLY.—Any person  who is  the
                                                                owner, operator, or person in charge of any vessel, onshore
                                                                facility, or offshore facility from which oil or a hazardous
                                                                substance is discharged in violation of paragraph (3), shall
                                                                be subject to a civil penalty in  an amount up to $25,000
                                                                per day of violation or an amount up to  $1,000 per barrel
                                                                of oil or  unit of  reportable quantity of hazardous sub-
                                                                stances discharged.
                                                                   (B) FAILURE TO REMOVE OR COMPLY.—Any person de-
                                                                scribed  in  subparagraph  (A)  who, without sufficient
                                                                cause—
                                                                       (i) fails to  properly carry out removal of the  dis-
                                                                   charge  under  an order of the President  pursuant to
                                                                   subsection (c); or
                                                                       (ii)  fails to comply with  an order pursuant to sub-
                                                                   section (eXD(B);
                                                                shall  be subject to a civil penalty  in an amount up to
                                                                $25,000 per day of violation or  an amount up to 3 times
                                                                the costs incurred by the Oil Spill Liability Trust Fund as
                                                                a result of such failure.
                                                                   (C)  FAILURE TO COMPLY  WITH REGULATION.—Any per-
                                                                son who. fails or refuses to comply with any regulation is-

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 129
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
        sued under subsection (j) shall be subject to a civil penalty
        in an amount up to $25,000 per day of violation.
            (D) GROSS NEGLIGENCE.—In any case in which a viola-
        tion of paragraph (3) was the result of gross negligence or
        willful misconduct of a person described in subparagraph
        (A), the person shall be subject to a civil penalty of not less
        than $100,000, and not more than $3,000 per barrel of oil
        or unit of reportable quantity of hazardous substance dis-
        charged.
            (E) JURISDICTION.—An action to impose a civil penalty
        under this paragraph may be brought in the district court
        of the United States for the district in which the defendant
        is located, resides, or is doing business, and such court
        shall have jurisdiction to assess such penalty.
            (F) LIMITATION.—A person is not liable for a civil pen-
        alty under this paragraph for a discharge if the person has
        been assessed a civil penalty under paragraph (6) for  the
        discharge.
        (8)  DETERMINATION  OF AMOUNT.—In  determining  the
    amount of a civil penalty under paragraphs (6) and (7), the Ad-
    ministrator, Secretary, or the court, as the case may be, shall
    consider the seriousness of the violation or violations, the eco-
    nomic benefit  to the violator, if any, resulting from the viola-
    tion, the degree  of culpability involved,  any other penalty for
    the same incident, any history of prior violations, the nature,
    extent, and degree of success of any efforts of the violator to
    minimize or mitigate the effects of the discharge, the economic
    impact of the  penalty on the violator, and any other matters
    as justice may require.
        (9) MITIGATION OF DAMAGE.—In addition to establishing a
    penalty for the discharge of oil or a hazardous substance,  the
    Administrator or the Secretary of the department in which  the
    Coast Guard is operating may act to mitigate the damage to
    the public health or welfare caused by such discharge. The cost
    of such mitigation shall be deemed a cost incurred under sub-
    section (c) of this section for the removal of such substance by
    the United States Government.
        (10) RECOVERY OF REMOVAL COSTS.—Any costs of removal
    incurred in connection with a discharge excluded by subsection
    (a)(2XC) of this section shall be recoverable from the owner or
    operator of the source of the discharge  in an action brought
    under section 309(b) of this Act.
        (11) LIMITATION.—Civil  penalties shall  not be  assessed
    under both this section and section 309 for the same discharge.
    (12)1  WITHHOLDING CLEARANCE.—If any owner, operator, or
person in charge of a vessel is liable for a civil penalty under this
subsection, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject  to  a civil penalty
under this subsection, the Secretary of the Treasury, upon the re-
quest of the Secretary of the department in which the Coast Guard
                                                                       Sec. 311
                                                                       FEDERAL WATER POLLUTION CONTROL ACT
                                                                           130
 1 Indentation to In Uw.
                                                       is operating or the Administrator, shall with respect to such vessel
                                                       refuse or revoke—
                                                               (A) the clearance required by  section  4197 of the Revised
                                                           Statutes of the United States (46 U.S.C. App. 91);
                                                               (B) a permit to proceed under section 4367 of the Revised
                                                           Statutes or the United States (46 U.S.C. App. 313); and
                                                               (C) a permit to depart required under section 443  of the
                                                           Tariff Act of 1930 (19  U.S.C. 1443);
                                                       as applicable. Clearance or a permit refused or revoked under this
                                                       paragraph may be granted upon the Tiling of a  bond or other  surety
                                                       satisfactory to the Secretary of the department in which the Coast
                                                       Guard is operating or the Administrator.
                                                           (c) FEDERAL REMOVAL AUTHORITY.—
                                                               (1) GENERAL REMOVAL REQUIREMENT.—(A) The President
                                                           shall, in accordance with the National Contingency Plan and
                                                           any appropriate Area Contingency Plan, ensure effective and
                                                           immediate removal of a  discharge, and mitigation or preven-
                                                           tion of a substantial threat of a discharge, of oil or a hazardous
                                                           substance—
                                                                   (i) into or on the  navigable waters;
                                                                   (ii) on the adjoining shorelines to the navigable wa-
                                                               ters;
                                                                   (iii) into or on the waters of  the exclusive  economic
                                                               zone; or
                                                                   (iv) that may  affect natural resources belonging to, ap-
                                                               pertaining to, or under the exclusive management author-
                                                               ity of the United States.
                                                               (B) In carrying out this paragraph, the President may—
                                                                   (i) remove or  arrange for the removal of a discharge,
                                                               and  mitigate  or  prevent a  substantial threat of a dis-
                                                               charge, at any time;
                                                                   (ii) direct or monitor all Federal, State, and private ac-
                                                               tions to remove a discharge; and
                                                                   (iii) remove and, if necessary, destroy  a vessel dis-
                                                               charging, or threatening to  discharge, by whatever means
                                                               are available.
                                                               (2)  DISCHARGE POSING  SUBSTANTIAL  THREAT TO PUBLIC
                                                           HEALTH OR WELFARE.—
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
           (ii) remove and, if necessary, destroy a vessel discharg-
       ing, or threatening to discharge, by whatever means are
       available.
       (3) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
   PLAN.—(A) Each Federal agency, State, owner or operator, or
   other person participating in efforts under this subsection shall
   act in accordance with the National Contingency Plan or as di-
   rected by the President.
       (B) An owner or operator participating in efforts under this
   subsection shall act  in  accordance with the National Contin-
   gency Plan and the  applicable response plan required  under
   subsection (j), or as directed by the President, except that the
   owner or  operator may deviate from the applicable response
   plan if the President or the Federal On-Scene Coordinator de-
   termines that deviation from the response plan would provide
   for a  more expeditious or effective response to the spill or miti-
   gation of its environmental effects.
       (4) EXEMPTION FROM LIABILITY.—
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FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
                                                                          134
       a vessel or facility, for the reasonable costs incurred for
       that removal, from the Oil Spill Liability Trust Fund.
           (I) Establishment of criteria and procedures to ensure
       immediate and effective Federal identification of, and re-
       sponse to, a discharge, or the threat of a discharge,  that
       results in a substantial threat to the public health or  wel-
       fare of the United States, as required under subsection
       (cX2).
           (J) Establishment of procedures and standards for re-
       moving a worst case discharge of oil, and for mitigating or
       preventing a substantial threat of such a discharge.
           (K) Designation of the Federal official who shall be the
       Federal On-Scene Coordinator for each area for which an
       Area Contingency Plan is required to be  prepared under
       subsection f"
           (L) Establishment of procedures for the coordination of
       activities of—
              (i) Coast Guard  strike teams established  under
           subparagraph (C);
              (ii)  Federal  On-Scene Coordinators designated
           under subparagraph (K);
              (Hi)  District  Response Groups established  under
           subsection (j); and
              (iv) Area Committees established under subsection
          (M) A fish  and wildlife response  plan, developed in
       consultation  with the United states  Fish and  Wildlife
       Service, the National Oceanic and Atmospheric Adminis-
       tration, and other interested parties (including State fish
       and wildlife conservation officials), for  the immediate and
       effective protection, rescue, and rehabilitation of,  and the
       minimization of risk of damage to,  fish and wildlife re-
       sources and their habitat that are harmed or that may be
       jeopardized by a discharge.
       (3) REVISIONS  AND  AMENDMENTS.—The President  may,
   from time to time, as the President deems advisable, revise or
   otherwise amend the National Contingency Plan.
       (4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY
   PLAN.—After publication of the National Contingency Plan, the
   removal of oil and hazardous substances and actions  to mini-
   mize damage from  oil and hazardous substance discharges
   shall, to the greatest extent possible, be in accordance with the
   National Contingency Plan.
   (e) CIVIL ENFORCEMENT.—
       (1) ORDERS  PROTECTING PUBLIC  HEALTH.—In  addition to
   any action taken by a State or  local government, when the
   President determines that there may be an  imminent and sub-
   stantial threat to the  public health or welfare of the United
   States, including fish, shellfish, and wildlife, public and private
   property, shorelines,  beaches, habitat, and other living and
   nonliving natural resources under the jurisdiction or control of
   the  United  States, because of an actual  or threatened dis-
   charge of oil or a hazardous substance from a vessel or facility
   in violation of subsection (b), the President may—
                                                                  (A) require the Attorney General to secure any relief
                                                              from any person, including the  owner or operator of the
                                                              vessel  or facility, as  may be  necessary to abate  such
                                                              endangerment; or
                                                                  (B) after notice to the affected State, take any other
                                                              action  under this section, including issuing administrative
                                                              orders, that may be necessary to protect the public health
                                                              and welfare.
                                                              (2) JURISDICTION OF DISTRICT COURTS.—The district courts
                                                          of the United States shall have jurisdiction to  grant any relief
                                                          under this subsection that the public interest and the equities
                                                          of the case may require.
                                                          (fXD  Except where an owner or operator can prove that a dis-
                                                       charge was caused solely by (A) an  act of God, (B) an act of war,
                                                       (C) negligence on the part of the United States Government, or (D)
                                                       an act or omission of a third party without regard to whether any
                                                       such act or omission was or was not negligent, or any combination
                                                       of the foregoing clauses, such owner or operator of any vessel from
                                                       which oil or a hazardous substance is discharged in violation of
                                                       subsection (bX3) of this  section shall, notwithstanding  any other
                                                       provision  of law, be liable to the United States Government for the
                                                       actual costs incurred under subsection (c) for the removal of such
                                                       oil or  substance  by the United States Government in an amount
                                                       not to exceed, in the case of an inland oil barge $125 per gross ton
                                                       of such barge,  or $125,000,  whichever is greater, and in the case
                                                       of any other vessel, $150 per gross ton of such vessel (or, for a ves-
                                                       sel carrying oil or hazardous substances as cargo, $250,000), which-
                                                       ever is greater, except that where the United States can show that
                                                       such discharge was the result of willful  negligence or willful mis-
                                                       conduct within the privity and knowledge of the owner, such owner
                                                       or operator shall be liable to the United States Government for the
                                                       full amount of such costs. Such costs shall constitute a  maritime
                                                       lien on such vessel which may be recovered in an action in rem in
                                                       the district court of the United States for any district within which
                                                       any vessel may be found. The United States may also bring an ac-
                                                       tion against the owner or operator of such vessel in any court of
                                                       competent jurisdiction to recover such costs.
                                                          (2) Except where an owner or operator of an onshore facility
                                                       can prove that a discharge was caused solely by (A) an act of God,
                                                       (B) an act of war, (C) negligence on the  part of the United States
                                                       Government, or (D) an act or omission of a third party without re-
                                                       gard to whether any such act or omission was or was not negligent,
                                                       or any combination of the foregoing clauses, such owner or operator
                                                       of any such facility from which oil or a hazardous substance is dis-
                                                       charged in violation of subsection (bX3) of this section shall be lia-
                                                       ble to the United States Government for the actual costs incurred
                                                       under subsection (c) for the removal of such oil or substance by the
                                                       United States Government in an amount  not to exceed $50,000,000,
                                                       except that where the United States can show that such discharge
                                                       was the result of willful negligence or willful misconduct within the
                                                       privity and knowledge of the owner, such owner or operator  shall
                                                       be liable  to the United States Government for the full amount of
                                                       such  costs. The  United States may bring an action against the
                                                       owner or  operator of such facility in any court of competent juris-

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 diction to recover susdi costs. The Administrator is authorized, by
 regulation, after consultation with the Secretary of Commerce and
 the Small Business Administration, to establish reasonable and eq-
 uitable classifications, of those  onshore facilities having a total
 fixed storage capacity of LOGO barrels or less which he determines
 because of size, typo, and location do not present a substantial risk
 of the discharge of oil or hazardous substance in  violation of sub-
 section (bX3) of this section, and apply with respect to such classi-
 fications  differing limits  of liability which may be less than  the
 amount contained! in this paragraph.
     (3) Except where an owner or operator  of an onshore facility
 can prove that a discharge was caused solely by (A) an act of Goa,
 (B) an act of war, (C) negligence on the part of the United States
 Government, or (B) an act or omission of a third party without re-
 gard to whether any such act or omission was or was not negligent,
 or any combination of the foregoing clauses, such owner or operator
 of any such facility from which oil or a hazardous  substance is dis-
 charged in violation of subsection (bX3) of this section shall, not-
 withstanding any other provision of law,  be liable to the United
 States Government for 4n® actual costs incurred under subsection
 (c) for the removal of such oil or substance  by the United  States
 Government in an amount not to exceed $50,000,000, except that
 where the United States can show that such  discharge was the re-
 sult of willful negligence or willful misconduct within the privity
 and knowledge of the owner, such owner or operator shall be liable
 to the United States Government for the full  amount of such costs.
 The United States may bring an action against the owner or opera-
 tor of such facility in any court of competent jurisdiction to recover
 such costs.
     (4) The costs of removal of oil or a hazardous substance  for
 which the owner or operator of a vessel or onshore  or offshore facil-
 ity is liable under subsection (f) of this  section shall include any
 costs or expenses incurred by fcne Federal Government or any State
 government in the restoration or replacement of natural resources
 damaged  or destroyed as a result of a discharge of oil or a hazard-
 ous substance in violation of subsection (b) of this section.
    (5)  The  President, or  th® authorized representative  of any
 State, shall act on behalf of th® public as trustee of the natural re-
 sources to recover for the  costs of replacing  or restoring such  re-
 sources. Sums recovered shall bs usm to  restore,  rehabilitate, or
 acquire the equivalent of such natural resources by the appropriate
 agencies of the Federal Government, or the  State government.
    (g) Where the owner or operator of a vessel (other than  an in-
 land oil barge) carrying oil or hazardous substances as cargo or an
 onshore or offshore facility which handles or stores  oil or hazardous
 substances in bulk, from which oil or a hazardous substance is dis-
 charged in violation of subsection (b) of this section, alleges that
 such discharge was caused solely by an act or omission of a third
 party, such owner or operator snail pay to the United States Gov-
 ernment the actual costs incurred under  subsection (c) for removal
 of such oil or substance and shall bs entitled by subrogation to all
 rights of fch® Unafesd States Government to  recover such costs from
 such third party und@r feMs subsection. In any ease  where an owner
j^yiperator of © wsssl, off urn omstar® facility, or of am offiehor® facil-
ity, from which oil or a hazardous substance is discharged in viola-
tion of subsection (bX3) of this section, proves that such discharge
of-oil or hazardous substance was caused solely by an act or omis-
sion of a third party, or was caused solely by such an act or omis-
sion in combination with an act of God, an act of war, or negligence
on  the part of the United States Government, such  third party
shall, not withstanding any other provision of law, be liable to the
United States Government toy the actual costs incurred under sub-
section (c) for removal of such oil or substance by the United States
Government, except  where such third party can prove that such
discharge was caused solely by (A) an act of God, (B) an act of war,
(C) negligence on the part of the United States Government, or (D)
an act or omission of another party without regard to whether such
ah act or omission was or was not negligent, or any combination
of the foregoing clauses. If such third  party was the owner or oper-
ator of a vessel which caused the  discharge of oil or a hazardous
substance in violation of subsection (b)(3) of this section, the liabil-
ity  of such third party under this subsection shall not exceed, in
the case  of an inland oil barge $125  per gross ton of such barge,
$125,000, whichever is greater, and in the case of any other vessel,
$150 per gross  ton of such vessel  (or, for a vessel  carrying oil or
hazardous substances as cargo, $250,000), whichever is greater. In
any other case the liability of such third party shall not exceed the
limitation which would have been applicable to the owner or opera-
tor of the vessel or the onshore or offshore facility from which the
discharge actually  occurred if such owner or operator  were liable.
If the United States can show  that the discharge of oil or a hazard-
ous substance in violation of subsection (bX3) of this  section was
the result of willful negligence or willful  misconduct within the
privity and knowledge of such third party, such third party shall
be liable to the United  States Government for the full amount of
such removal costs. The United States may bring an action against
the third party in any  court  of competent jurisdiction to recover
such removal costs.
    (h) The  liabilities established by  this section shall in no way
affect any rights which (1) the owner or operator of a vessel or of
an onshore facility or an offshore facility  may have against any
third party whose acts may in any way have caused or contributed
to sucn discharge, or (2) TheE United States Government may have
against any third party whose actions may in any way have caused
or contributed to the  discharge of oil or hazardous substance.
    (i)  In any case where an  owner or operator of a  vessel or an
onshore facility or an offshore facility from which oi! or a hazard-
ous substance is discharged in violation of subsection  (b)(3) of this
section acts to remove such oil or substance in accordance with reg-
ulations promulgated pursuant to this section, such owner or oper-
ator shall be entitled to recover the  reasonable costs incurred in
such removal upon establishing, in a suit which may be brought
against the United States Government in the United States Claims
Court, that such discharge was caused solely by (A) an act of God,
(B) an act of war, (C) negligence on the part of the United States
Government, or (B) an act or omission of a third party without re-
 1 So in law. Should norba capitalised.

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137
FEDERAL WATER POLLUTION CONTROL ACT
                                                       Sec. 311
gard to whether such act or omission was or was not negligent, or
of any combination of the foregoing clauses.
    0) NATIONAL RESPONSE SYSTEM.—
       (1) IN GENERAL..—Consistent with the National Contin-
    gency Plan required by subsection (cX2) of this section, as soon
    as practicable after the effective date of this section, and from
    time  to time thereafter,  the President shall issue regulations
    consistent with maritime safety and with marine and naviga-
    tion laws (A) establishing methods and procedures for removal
    of discharged oil and hazardous substances, (B) establishing
    criteria for the development and implementation of local and
    regional  oil  and  hazardous  substance removal  contingency
    plans, (C) establishing procedures,  methods,  and  equipment
    and other requirements for equipment to prevent discharges of
    oil and hazardous substances from vessels and from onshore
    facilities and offshore facilities, and to contain such discharges,
    and (D) governing the inspection of vessels carrying cargoes of
    oil and hazardous substances and the inspection of such car-
    goes  in order to reduce the  likelihood of discharges of oil from
    vessels in violation of this section.
       (2) NATIONAL RESPONSE UNIT.—The Secretary of the de-
    partment in which the Coast Guard is operating shall establish
    a National Response Unit at Elizabeth City, North Carolina.
    The Secretary, acting through the National Response Unit—
           (A) shall compile and maintain a comprehensive com-
       puter list of spill removal resources, personnel, and equip-
       ment that is available worldwide and within the areas des-
       ignated by the President pursuant to paragraph (4), and of
       information regarding previous spills, including data from
       universities, research institutions,  State governments, and
       other nations, as appropriate, which shall be disseminated
       as appropriate  to response groups and area  committees,
       and which shall be available to Federal and State agencies
       and the public;
           (B) shall provide technical assistance, equipment, and
       other resources requested by a  Federal On-Scene Coordi-
       nator;
           (C) shall coordinate use of private and public person-
       nel and equipment to remove a  worst case discharge, and
       to mitigate  or prevent a substantial threat of such a dis-
       charge, from a vessel, offshore facility, or onshore facility
       operating in or near an area designated by the President
        pursuant to paragraph (4);
            (D) may provide technical assistance in the prepara-
        tion  of Area Contingency Plans  required under paragraph
        (4);
            (E) shall administer Coast Guard strike teams estab-
        lished under the National Contingency Plan;
            (F) shall maintain  on file all Area Contingency Plans
        approved by the President under this subsection; and
            (G) shall review each of those plans that affects its re-
        sponsibilities under this subsection.
        (3) COAST  GUARD DISTRICT RESPONSE GROUPS.—(A) The
    Secretary of the department in which the Coast Guard is oper-
                                                           ating shall  establish in each Coast  Guard  district a  Coast
                                                           Guard District Response Group.
                                                               (B) Each Coast Guard District Response  Group shall con-
                                                           sist of—
                                                                   (i) the  Coast Guard personnel and equipment, includ-
                                                               ing firefighting equipment, of each port within the district;
                                                                   (ii) additional prepositioned equipment; and
                                                                   (iii) a district response advisory staff.
                                                               (C) Coast Guard district response groups—
                                                                   (i)  shall  provide technical assistance, equipment, and
                                                               other resources when required by  a Federal On-Scene Co-
                                                               ordinator;
                                                                   (ii) shall maintain all  Coast Guard response  equip-
                                                               ment within  its district;
                                                                   (iii) may provide technical assistance in the prepara-
                                                               tion of Area  Contingency Plans required under paragraph

                                                               (4); and
                                                                   (iv) shall review each of those  plans that affect its area
                                                                of geographic responsibility.
                                                                (4) AREA COMMITTEES AND AREA CONTINGENCY PLANS.—
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139
FEDERAL WATER POLLUTION CONTROL ACT
Sec. 311
           (iv) list the equipment' (including firefighting equip-
        ment), dispersants or other mitigating substances and de-
        vices, and personnel available to an owner or operator and
        Federal, State, and  local agencies, to ensure an effective
        and immediate removal of a discharge, and to ensure  miti-
        gation or prevention of a substantial threat of a discharge;
           (v) compile a list of local scientists, both  inside and
        outside Federal Government service, with expertise in the
        environmental  effects of spills of the types of oil typically
        transported in  the area, who may be contacted to provide
        information or, where appropriate, participate in meetings
        of the scientific support team convened in  response  to  a
        spill, and describe the procedures to be followed for obtain-
        ing an expedited decision regarding the use of dispersants;
           (vi) describe in detail how the plan is integrated into
        other Area Contingency Plans and vessel, offshore facility,
        and onshore facility response .plans approved  under this
        subsection, and into operating procedures of the National
        Response Unit;
           (vii) include any other information the President re-
        quires; and
           (viii) be updated periodically by the Area Committee.
        (D) The President shall—
           (i) review and approve Area Contingency Plans under
        this paragraph; and
           (ii) periodically review Area Contingency Plans so ap-
        proved.
        (5) TANK VESSEL AND FACILITY RESPONSE PLANS.—(A) The
   President shall issue regulations which require an owner or op-
   erator of a tank vessel or facility described in subparagraph (B)
   to prepare and submit to the President a plan for responding,
   to the maximum extent practicable, to a worst case discharge,
   and to a substantial threat of such a discharge, of oil or a haz-
   ardous substance.
       (B) The tank vessels and facilities referred to in subpara-
   graph (A) are the following:
           (i) A tank vessel, as defined under section 2101 of title
       46, United States Code.
           (ii) An offshore facility.
           (iii) An onshore facility that, because of its  location,
       could  reasonably be expected to cause substantial harm to
       the environment by  discharging into or on  the navigable
       waters, adjoining  shorelines,  or the  exclusive economic
       zone.
       (C) A  response  plan required under this paragraph shall—
           (i) be consistent with the requirements of the National
       Contingency Plan and Area Contingency Plans;
           (ii) identify the qualified individual having full author-
       ity to implement removal actions, and  require immediate
       communications between that individual and  the appro-
       priate Federal official and the persons providing personnel
       and equipment  pursuant to clause (iii);
           (iii) identify, and ensure  by  contract or other means
       approved by the President the availability of, private per-
Sec. 311
FEDERAL WATER POLLUTION CONTROL ACT
140
                                                                  sonnel and equipment necessary to remove to the maxi-
                                                                  mum extent practicable a worst case discharge (including
                                                                  a discharge resulting from fire  or explosion), and to miti-
                                                                  gate or prevent a substantial threat of such a discharge;
                                                                      (iv) describe the training, equipment testing, periodic
                                                                  unannounced drills, and response actions of persons on the
                                                                  vessel or at the facility, to be carried out under the plan
                                                                  to ensure the safety of the vessel or facility and to mitigate
                                                                  or prevent  the discharge, or the  substantial threat of a dis-
                                                                  charge;
                                                                      (v) be updated periodically; and
                                                                      (vi) be resubmitted for  approval  of each significant
                                                                  change.
                                                                  (D)  With respect to any response plan submitted under
                                                              this paragraph  for an onshore facility that, because of its loca-
                                                              tion, could reasonably be expected to cause significant and sub-
                                                              stantial harm to the environment by discharging into or on the
                                                              navigable waters or adjoining shorelines or the exclusive eco-
                                                              nomic zone, and with respect to each response plan submitted
                                                              under this paragraph for a tank vessel or offshore facility, the
                                                              President shall—
                                                                      (i) promptly review such response plan;
                                                                      (ii)  require  amendments to any plan  that does not
                                                                  meet the requirements of this paragraph;
                                                                      (iii) approve any plan that meets the requirements of
                                                                  this paragraph; and
                                                                      (iv) review each plan periodically thereafter.
                                                                  (E)l A tank vessel, offshore facility, or onshore facility re-
                                                              quired to  prepare a  response  plan under this subsection  may
                                                              not handle, store, or transport oil unless—
                                                                      (i) in the case of a tank vessel, offshore facility, or on-
                                                                  shore  facility for which a response plan is reviewed by the
                                                                  President under subparagraph (D), the plan has been ap-
                                                                  proved by the President; and
                                                                      (ii) the vessel or facility is  operating in compliance
                                                                 with the plan.
                                                                 (F) Notwithstanding subparagraph (E), the President  may
                                                              authorize a tank vessel, offshore facility, or onshore facility to
                                                              operate  without a response  plan approved under this para-
                                                              graph, until  not later than 2 years after the date of the  sub-
                                                              mission  to the President of a plan for the tank vessel or facil-
                                                              ity, if the owner or operator certifies that the owner or opera-
                                                              tor has  ensured by  contract or other means approved by the
                                                              President the availability of private  personnel and equipment
                                                              necessary to respond, to the maximum extent practicable, to a
                                                              worst  case discharge or  a substantial threat of such  a dis-
                                                              charge.
                                                                 (G) The owner or operator of a tank vessel, offshore facil-
                                                              ity, or onshore facility may not claim as a defense to liability
                                                              under title I of the  Oil Pollution  Act of 1990 that the  owner
                                                           i Subparagraph (E) of section 311(jX6) ihall lake effect 36 monthi (August 18, 1993) after the
                                                         date of the enactment of Public Law 101-380. Sea P.L. 101-380. *ee. 4202
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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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 153
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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 163
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.—

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        (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—
 > Both P.L. 100-W3 and P.U 100-668 incited the nine MauachuMtU Bay phru* alter Bus-
uTuf Bftyi to uut UM phraM •ppMiv twtot.
 •P.L. \6o-«88, Mctim MOUSflnMrUd tin Loutetana. Florid*. N«w York bay* alter -Qal-
wtlMi.TOM;: whkhtechnically could notbcoKnted.
                  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

-------
 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

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              .  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;

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        (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
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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

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 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.

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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-

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                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

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                      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)

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  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

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 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-

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  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

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 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.

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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. 	 _.
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-------
 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
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                               time peri-
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 5.5
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 4.0
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  (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 sub