UNITED STATES SNVIRPNMENTAL PROTECTION AGENCY
SUBJECT: Summary of the Clean Water Amendments of 1977
'•' ' / •'
FROM: Charles S. Warren(^,-,''*- - -'- ^ '•
Director for Legislation
TO: Administrator
Deputy Administrator
Assistant Administrators
Office Directors
Regional Administrators
Attached is a surnnary of the Clean Water Act of 1977,
P.L. 95-217. The sections are listed in the order dealt
with in the Statement o* Managers, H. Rept. 95-830, pages
50-114.
For easy reference, an index precedes the summary which
lists the section of the Clean Water Act and the amended
section in the basic law, the Federal Water Pollution
Control Act Amendments cf 197.2, P.L. 92-500.
Attachment
EPA F«rm 13204 '*•«. 3-741
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CONTENTS
P.L. 95-217, Clean Water Act of. 1977
Page
1 Authorization Approval
1 Authorization Extensions
1 State Jurisdiction (Water Rights)
2 Estuarine Study
2 Clearinghouse for Alternative Treatment
Information
2 Assistance for Research and Demonstration
Projects
2 Training Grants
2 Grants for Innovative and Alternative
Technology
3 Recreation and Open Space
3 Individual Systems
3 Combined Grants
3 Contract Enforcement
4 Reserve Capacity
(i)
Section of
Clean Water Act
of 1977,
P.L. 95-217
3
4.
6
7
8
10
9, 17, 28, 60
13
14
18
19
21
Amending Section
or New Section of
P.L. J2-500
104, 106, 112,
314, 517
, 102(d)
104(n) (3)
104(g)
109(b)
j) , 202(a)
205(i)
201 (h)
203(e)
204(a) (5)
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Section, of
Clean Water Act
of 1977,
".L. 95-217
Amending Section
or New Section of
P.L. 92-500
4
4
4
6
6
6
6
6
7
7
7
7
7
8
8
8
User Charges
Industrial Coat Recovery
Allotment
State Management Assistance
Set-aside for Alternative rSystems for
Small Communities
Reimbursement and Advance Construction
Construction Grant Authorization
Areavide Planning—208
Areawide Waste Treatment Management
Irrigation Return Flows
Agricultural Cost Sharing
Grant Eligible Categories
Requirements for American materials
Determination of priority
Cost-effectiveness guidelines
Contract Authority
t.1
t'\
25
26
27
29
30
31
32
33
35
36
39
40
41
31
204
204
204
205
205
205
206
207
20R
208
208
502
208
211
215
216
217
208
(b) (1) (2) (5)
(b, (3) (6) ,
(c)
(a)
(g)
(h)
(b) (f)
(b) (2) (A)
(b) (2) (F) ,
(14) , 402(1)
(j)
(b) (c)
(f) (3)
(ii)
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Section of
Clean Water Act Amending Section
of 1977, of New Section of
P.L. 95-217 P.L. 92-500^
Page Title III
8 Modification of Secondary Treatment
Requirement
9 Municipal Time Extensions
9 Procedure for Modification
10 Innovative Technology
10 Information and Guidelines
10 Best Management Practices for industry
10 Interagency Agreements
11 State Reports
11 Toxic Effluent and Modification of
Best Available Technology Requirement
12 Pretreatment
12 1977 Deadlines
13 Mitigation Costs
13 Oil Spill Liability
13 Marine Sanitation Devices
13 Federal Facility Compliance
44
45
4f,
47
48, 49
50
51
52
42, 43, 46,
53, 73
54
56
57
58
59
61
301
.301
303.
301
304
304
304
305
301
307
309
311
311
312
313
(h)
(c)
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Section of
Clean Water Act Amending Soctior
of 1977, of New Section of
P.L. 95-217 P.L. 92-500
Page
14 Clean Lakes
14 Aquaculture
14 Compliance with State Requirements
14 EPA Issuance of Permits
14 Enforcement of Municipal Permits
15 Permits for Dredge and Fill Material and
State Programs for Best Management Practices
\5 Amendments to 208
16 Sludge Disposal
16 Emergency Fund
16 Combined Sewer Overflows
16 Utilization of Treated Sludge
16 Cost Recovery Study and Water Conservation
16 Miscellaneous Amendments
62
63
64
65
66
67
68
69
70
71
72, 75
74, 77, 78
314(b), 304(j)
318
401
402(d)
402(h)
404, 204(b)
405
504
516(c)
516(d)
516, 204(b)(3)
204(a)(5)
(iv)
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SI3MMAHY OF P.L. 95-217, CLEAN WRIER ACT OF 1977
Section 2. Title—"Clean Water Act of 1977" which may be
cited as the "Federal Water Pollution Control Act."
Authorization Approval
Authorizes funds for FY 76, FY 77, and the transition quarter,
which previously were appropriated by Congress.
Authorization Extensions
Authorizes extensions of the following authorizations:
Section 104(u)(2)—manpower training: not to exceed
$2,000,000 for FY 77 and $3,000,000 for FY 78 - 80.
— Section 104(u)(3)—manpower forecasting: not to exceed
$1,000,000 for FY 77 and $1,500,000 for FY 78 - 80.
Section 106{a)(2)—program grants to States: $100,000,000 for
FY 77 - 80.
—. Section 112(c)--training grants and scholarships to
colleges: $6,000,000 for FY 77; $7,000,000 for FY 78, 79.
Section 20-8 (f)(3)—grants for developing and operating
areawide waste treatment management plans: $150,000,000
for FY 77 - 80.
Section 314(c)(2)—Grants for the Clean Lakes Prooram:
$50,000,000 for FY 77;$60,000,000 for FY 78 - 80."
— Section 517—general authorization: $100,000,000 for
FY 77; $150,000,000 for FY 78 - 80.
Conferees also expect the Agency to design the budget
for FY 79 so that appropriation requests will specifically
reflect applicable authorizations (pg. 51, Kept. 95-830).
State Jurisdiction (Water Rightsi
Section 101(g)(1)—It is the policy of Congress that the
authority of States to allocate quantities or rights
to quantities of water shall not be superseded, abrogated,
or impaired by this Act.
Federal agencies shall cooperate with States to develop
comprehensive solutions to prevent, reduce, and eliminate
pollution in concert with programs for managing water
resources.
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Secticn 102(d)—EPA, in consultation with River Basin
Commissions/ shall submit a report and recommendations
by July 1, 1978, on the relationship of the Clean Water
Act and State and Federal water allocation programs.
Estuarine Study
Accepted Administration amendment to require study every
six. Vfears instead of three years.
Clearinghouse for Alternative
Treatment Information
104(g)(3)—Administrator shall establish within the
Agency., or through other public or nonprofit organiza-
tions , a national clearinghouse for the collection
and dissemination of information developed on alter-
native treatment technologies.
Assistance for Research
and Demonstration Projects
Section 105(i) authorizes grants for'operation and
maintenance costs of EPA-funded research and demon-
strat.'.on projects to reduce those costs to a level com-
parable to a conventional secondary treatment system;
limited to research grants made prior to date of
enactment.
Training Grants
Section 109 increases grants for a training facility
from $250,000 to $500,000. Grants may be exempt from
the priority list requirements and, if grants are to
serve more than one State, an additional grant may
be authorized for a supplemental facility in each of
tho.se States. Nongovernmental employees would be
eligible on a cost-reimbursable basis.
Grants for Innovative and
Alternative Technology
Grants for treatment works utilizing alternative and
innovative processes and techniques may be made if they
are iu the public interest and if the life cycle cost
of such treatment works is no more than 15 percent
greater than the most cost-effective conventional
alternative- The Administrator is to promulgate
guidelines clarifying and evaluating innovative and
alternative processes and techniques within 180 days of
enactment..
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Two percent of the funds allotted to a State for FY 79 ana.
FY 80, and three percent of a State's FY 81 allotment will
be set aside to increase grants for construction of treatnent
works utilizing innovative and alternative processes and
techniques from 75 tc 35 percent.
Of those funds set aside for alternative and innovative
processes, at least one-half of one percent of a
State's allotment raurt be spent for innovative processes.
Floor statements in the Senate and House make it clear th'it
the sections on .innovative and alternative treatment should
not cause delays in the construction grant program.
Recreation and Open Space
No grants may be made after FY 78 unless the applicant
shows it has analyzed potential recreation and o-oen space oppor-
tunities (201(g)(6)).
Individual Systems
This section amends section 201 to permit grants for
construction of privately-owned treatment works where s. public
body applies for such grant on behalf of a number of such -
units and will assure that such treatment works are properly
operated and maintained, and where such private service is
more cost-effective rhsn collection and central treatment.
It is limited to existing primary residences and small
commercial establishments. User charges are required, ^r.d
small commercial establishments must pay back their act-rib-
utable Federal cost:s. Ordinarily, this authority is not to
be used to construct srptic tanks .serving individual :rssidences.
Combined Grants
This section amends section 203, Plans, Specifications,
Estimates and Payments, to authorize the award of a combined
Step 2 and Step 3 grant in the case of a treatment works costing
less than $2 million which will serve a population of 25,000 or
less. In States which have unusually high construction costs,
i.e., Alaska and Hawe.ii, the grant may be increased to S3 million.
Contract Enforcement
Section 203(e)—At the request of a grantee, the Administrator
is authorized to provide legal and technical assistance in
administration and enforcement of any contract dealing with
funds provided by Title II. The Administrator is authorised to
intervene in any civil action involving the enforcement of
such a contract.
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Reserve Capacity.
204(a)(5) is amended to have the Administrator take
into account efforts to reduce total flow of sewage
and unnecessary water consumption when determining
reserve capacity. Amount of reserve capacity eligible
shall be determined by considering population as
identified in an approved facilities plan, 208 plan,
or municipal master plan of development.
User Charges
A user charge system other than Liettring may be used if:
(1) a system of dedicated ad valorem taxes is in effect
as of the date of enactment, (2^ it results in the dis-
tribution of operation and maintenance (O&M) costs to
each user class in proportion to the contribution to the
total cost of operaton and maintenance by each user
class, (3) the applicant is otherwise in compliance
with the present law as regards- industrial users (except
small nonresidential users may bf. defined by considering
constituent elements of such \»asV.es) , (4) applicant
must establish that funds for operation and maintenance
will be dedicated to O&M costs, anc1 (5)residential
users will be notified as to tha portion of total pay-
ment for waste treatment services.
Industrial Cost Recovery
Administrator is authorized to exempt from the require-
ment of Industrial Cost Recovery (ICR) small dischargers
whose daily flow rate is 25,000 gallons or less of sanitary-
waste unless the discharge interferes with, contaminates,
or reduces the utility of the sludge. (See Cost Recovery
Study and Water Conservation page 16.)
Allotmenn
Funds to be allocated for the construction grant program
based on the following table:
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State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Col
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
Pexcentage
1.2842
.4235
.7757
,7513
7.9512
.5187
1.1072
.3996
umbia ,3193
3. 83 56
1,9418
.7928
.4952
5.1943
2. "67 8
1.2.953
.3803
1.4618
1.2525
" .7495
2.7777
2.9542
4.1306
1.8691
.96^0
2. 4957
.3472
. 5505
.4138
State
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
American Samoa
Guam
Puerto Rico
Trust Territories
Virgin Islands
Total
Percentage
.8810
3.5715
.3819
10.6209'
1.9808
.3107
6.4655
.9279
1.2974
4.3616
.5252
1.1766
.3733
1.5486
4.3634
..4457
..3845
1.9602
1.7688
1.7903
1.9503
.3003
.0616
.0744
1.1734
.1530
.0378
100.0000
NOTE:—Allotments for the States of Alaska, Delawara, District
of Columbia, Idaho, Montana, Nevada, New Mexico, North Dakota,
South Dakota, Utah, Vermont, and Wyoming are less than 1/2 of
1 percent of the total allotment of treatment works construction
grant funds for a fiscal year. Sec. 25(e) of the Clean Water
Act of 1977 provides that for fiscal years 1978, 1979, 1980, c.nd
1981, no State shall receive less than 1/2 of 1 percent of
the total allotment. An authorization of $75,000,000 is
provided for each of these fiscal years to carry out this
provision. The following States would share any amount appro-
priated under this subsection in the following percentages:
Alaska, 5.4449; Delaware, 7.1459; District of Columbia,
12.8612; Idaho, 0.3416; Montana, 10.8755; Nevada, 6.1352;
New Mexico, 8.4057; North Dakota, 13.4733; South Dakota, 9.0178;
Utah, 3.8648; Vermont, 8.2206; and Wyoming, 14.2135.
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State Management Assistance
The Administrator is authorized to reserve two percent
or $400,000, whichever is greater, of each State's construc-
tion grant funds to be used by the State to administer its
construction grant program. Funds may be increased to assist
in administering the Section 402 permit program, statewide
208 planning, and responsibility for managing construction
grants for small communities.
State management of the construction grants program and
the Sections 402 and 404 permit programs is declared to be
congressional policy.
Set-aside for Alternative Systems
for Small Communities
For FY 79.and thereafter, rural States (25 percent of
total population living in places of 2,500 or less) shall
have four percent of their grant construction monies set
aside for alternative and unconventional systems for
municiralities of 3,500 or less (or for highly dispersed
sections of larger communities as the Administrator may •
define). Floor statements indicate that the four percent
is not exclusive but may overlap the two percent set-aside
for urants for alternative and innovative technology.
States that are "non-rural" may request the set-aside.
Reimbursement and Advanced Construction
Costs incurred for treatment works begun under P.L.
84-650 and under construction by July 1, 1973 (instead of
July 1, 1972), may qualify for reimbursement.
Construction Grant Authorization
Authorizes $4.5 billion for FY 78, and $5 billion
annually through FY 82.
Areawide Planning—208
Any statewide agency designated as the appropriate
planning agency after 1975, which received its first grant
before October 1, 1977, shall receive a grant of 100 percent
for the first two years, and have three years after the
receipt of the initial grant to prepare an initial plan.
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Areawide Waste Treatment Management
A 208 plan must include an identification of open space
and recreation opportunities expected from improved water
quality, including potential use of lands associated with
treatment works.
Irrigation Return Flows
This section drops irrigation return flows from the
definition of a point source and transfers them to the
section 208 areawide waste treatment planning program.
States are not precluded from regulating irrigation return
flows under the permit programs.
Agricultural Cost Sharing
This amendment establishes a new program in the Department
of Agriculture, with the concurrence of the Administrator of
EPA, to give financial assistance for contracts with owners
and operators of rural land to implement long-term soil conserva-
tion for improving water quality by reducing agricultural runoff
in accordance with certain conditions under approved 208 plans.
The Federal share would be as high as 50 percent to owners to
install best management practices. Funds are to be used for
installation of control mechanisms and not day-to-day costs.
Funds will come from USDA budget.
Grant Eligible Categories
Two amendments were made to section 211. In determining
eligibility, EPA may use population density only for the pur-
pose of evaluating alternatives and in determining the needs
for a collection system in relation to ground or surface water
impact.
The other amendment provides that no grants under Title II
may be made for FY 78 through FY 82 for treatment works to
control discharges from separate storm sewer systems. Collec-
tor sewer eligibility remains limited to communities in existence
on October 18, 1972.
Requirements for American Materials
Construction grant funds are to use only American-made
materials unless the Administrator determines, based upon
those factors he deems relevant, including Agency resources,
that enforcement is inconsistent with the public interest,
the cost is unreasonable, or articles are not reasonably
available.
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Determination of Priority
States have the sole authority to determine the priority
to be given each category of projects unless EPA, after oppor-
tunity for public hearing, determines that certain projects
on the list will not contribute to the enforceable requirements
of the Act. Upon such a determination/ the State shall sub-
stitute other projects for the rejected projects. At least
25 percent of funds allocated to a State in any fiscal year
for construction under this Act shall be obligated for pipe-
related projects if they are on the State's priority list and
are otherwise eligible.
Cost-effectiveness Guidelines
A new section 217 provides that any guidelines for deter-
mining cost-effectiveness under Title II, published by EPA,
shall provide, that the identification and selection of cost-
effective alternatives meet the objectives and goals of this
Act. The Statement of Managers said this section shall not
apply to collectors.
Contract Authority
This section makes 208 funding consistent with the Budget'.
Act by eliminating contract authority.
Modification of Secondarv
Treatment Requirement
The requirement for secondary treatment may be waived
for a deep ocean discharger if the Administrator determines
that the following eight criteria are met:
1. There is an applicable water quality standard for
the specific pollutant, and it will be met;
2. Modification would not interfere with attainment
or maintenance of water quality levels which assure protection
of public water supplies and protection and propagation of
a balanced, indigenous population of shellfish, fish, and
wildlife;
3. The applicant has established a monitoring system
to record impacts on a representative sample of aquatic biota.
4. Modified requirements will not result in any addi-
tional requirements on any point or nonpoint source.
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5. Pretreatment requirements will be enforced.
6. The applicant has established a schedule of activities
designed to eliminate toxic pollutants from ncn-industrial
sources.
7. No new or substantially increased discharges will
occur from the point source of the pollutant to which the
modification applies;
8. Funds available under Title II must be used to achieve
the efflueut reduction required by section 201(b) and (g)(2)(a)
(i.e., greater than BP.T)
The section only applies to deep waters of the territorial
sea, the contiguous zone, or other locations where the hydrological
and geological characteristics which the Administrator determines
are necessary to comply with the goals of the Act.
Municipal Time Extensions.
Where construction of a publicly-owned treatment works
is required to meet effluent limitations and (1) it cannot
be completed by July 1, 1977, and (2) the United Spates failed
to maka financial assistance availablet ihe ownsr or operator
of the works has 180 days from enactment to reques-c an extension
of the time for compliance. The extension may be up to Julv 1,
1983.
Procedure for Modification
AjsendEients specify certain procedure to obtain modifica-
tion for secondary treatment for publicly-owned treatment works
(POTW's) and for modification of best available technology
for nonconventional pollutants. The amendments require that
applications must be filed within nine months of enactment or,
if no effluent limitation for the pollutant in- question is
promulgated, within nine months of such promulgation. A
request for modification shall not result in a stay unless,
in the 3udjment of the Administrator, there is a substantial
likelihood the applicant will succeed on the merits, and the
discharge will not pose an unreasonable risk to human health.
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Innovative Technology
This section amends section 301, Effluent Limitations,
to permit an extension of the oest available technology require-
ment for sources utilizing innovative technology until no later
than July 1, 1987, if the innovative process will achieve signi-
ficantly greater effluent reduction or will allow compliance
with existing requirements at significantly reduced costs.
Such system must have potential for industry-wide application.
Information and Guidelines
Ninety days after enactment, the Administrator shall publish
appropriate information identifying conventional pollutants. Six
months after enactment- the Administrator shall publish infor-
mation on the factors necessary for protection of water supplies
and protection of indigenous water creatures. This is to
be published, .if practicable, -before consideration of requests
for modification of secondary treatment for municipalities.
Within three months after eractment, the Administrator
shall identify each water quality standard in effect under
this law or State law, and the pollutants and water bodies to
which they apply.
The Administrator wj11 identify the degree of effluent
reduction attainable through application of a best conventional
pollutant control technology (BCPCT) and will specify the factors
to be taken into account in determining BCPCT (shall"include
"reasonableness of the relationship between the costs of
attaining a reduction in effluents and the effluent reduction
benefits derived' . . . et al.).
Best Management Practices for Industry
EPA will be required to publish regulations for controlling
ancillary industrial activities which contribute toxic pollutants
to navigable waters. The Administrator is not to become involved
in actual plant procassi-g and operating decisions but should
control runoff and spillage from poor industrial procedures.
Interagency Agreements
Authorizes $100 million for each fiscal year through 1983
to enter into agreements with other Federal agencies or
departments for the purpose of achieving and maintaining
water quality through the appropriate implementation of the Act.
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State Reports
Requires State water quality inventory report to be
submitted biennially in lieu of present annual requirement.
Next report is required April 1, 1978.
Toxic Effluent and Modification
of Best Available Technology Requirement
Toxic Pollutants (1984)
Table I of House Committee Print 95-30, Toxic Pollutants, will
be subject to effluent limitations resulting from application of
best available technology (BAT) to be achieved no later than
July 1, 1984. All other toxics subsequently added must achieve
BAT limitations no later than three years after limitation
is established. The Administrator ma^ revise the list and
add to, or remove from, the list any pollutant, and his
decision is final unless determined to be arbitrary and
capricious. All toxics on the list shall have an effluent
limitation as soon as practicable, but no later than July 1,
1980. All effluent standards should be reviewed every three
years. Proposed guidelines requiring treatment greater than
BAT under 30?(a)(1) shall be subject no less than formal
rulemaking. Effluent limitations for 307 pollutants must be
met in one year unless the Administrator determines it is
technologically unfeasible, then the limitation may go into
effect no more than three years after promulgation.
Nonconventior.al Pollutants (1987)
Noncor.ventional pollutants must comply with BAT effluent
limitations thrae years after limitation is established or
not later than July 1, 1984, whichever is later, but, in no
case, later than July 1, 1987- A discharger of nonconventional
pollutants may apply for a modification if the modified require-
ment will not result in additional requirements on any other
source; will not interfere with attaining or maintaining water
quality to allow protection of water supplies and balanced
aquatic liffe, and that will not pose an unreasonable risk to
human health.
Conventional Pollutants (1984)
Conventional pollutants shall achieve their effluent
limitation ro later than July 1, 1984, at the level of best
• conventional pollutant control technology (BCPT). Factors
for BCPT shall include relating the cost of attaining a
reduction in effluent and the effluent reduction benefit
desired. Ninety days after enactment, the Administrator
is to review all final or interim final guidelines already
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promulgated to apply the new test to the conventional
pollutants. Those pollutants listed on Table 2 of Committee
Print 95-30 must be reviewed before July 1, 1980.
Pretreatment
Provides for modification of national toxic pretreatment
standards by owners or operators of POTW's where the POTW:
- Removes all or any of the pollutant.
- Will not violate the industrial effluent standard
applying to the pollutant if it were discharged directly
to receiving waters.
~ Will not, in modifying national standards, prevent the
use or disposal of its sludge as locally determined,
as long as its use or disposal complies with other laws.
Enables EPA, or an NPDES State, to require loral compliance
programs to enforce national pretreatment standards.
Requires that all EPA ccurt actions for violations of 307
pretreatment requirements seek re'tief from both the POTW and
the indirect discharger.
1977 Deadlines
Amends section 309, Enforcement, to provide E?A xvith
three enforcement options for violations of the 1
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Mitigation Costs
Amendments to 311 allow persons injured by an oil or
hazardous national spill access to the 311(k) contingency
fund for mitigation costs and to assess liability to spillers
of nonremovable hazardous substances. Funds are to be used
for costs associated with immediately required responses/
not Ibng-'term capital expenditures.
Oil Spill Liability
Amendments extend liability and clean-up authority to
all vessels out to 200 miles and allows use of the 311(k) fund
when there is a substantial threat of a discharge. Foreign-
flag- >vessels are not liable for penalties for oil spills or
for lack of notice to the Coast Guard beyond 12 miles.
The cost of removal of oil or hazardous substances for
which a spiller is liable is defined to include costs incurred
by Federal or Suate governments in restoration or replacement
of natural resources.
Liability limits are altered. The present $100 per gross
ton or $14 million, whichever is lesser, for vessels is changed
to $150 per gross ton or a minimum of $250,000 if the vessel
carries oil or hazardous substances as cargo, whichever is
greater. Offshore facilities limitation is increased froir
$8 million to $50 million. Inland barges liability would
be only $125 par gross ton or $125,000, whichever is greatar.
All vessels must: have evidence of insurability to the new
liability Iinu.t3 before October 1, 1978.
Marine Sanitation Devices
Amendment prohibits discharge of treated sewage and
greywater from commercial vessels in drinking water intake
zones on the Great Lakes. Greywater is defined as galley,
bath, or shower water. Upon application of a State, the
Administrator shall establish drinking water intake zones.
Federal Facility Compliance
This section amends section 311 to assure that all Federal
activities comply with all procedural and substantive Federal,
State, and interstate requirements. An additional exemption
from compliance for military activities, over present law,
is available if the President deems that such a waiver would
be necessary to U.S. interests.
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Clean Lakes
This section requires the Administrator to provide
financial assistance to the States to prepare surveys to
identify and classify freshwater lakes and to issue infor-
mation biennally to the States on methods and procedures to
restore and enhance freshwater lakes. Section 314 is further
amended to authorize $60 million annually for fiscal years
1978, 1979, and 1980 for the Clean Lakes program.
Aquaculture
The conferees agreed to allow States to issue permits for
aquaculture projects, comparable to 402 permits. EPA is to
publish regulations on State guidelines for State assumption
of the program.
Compliance with State Requirements
States must certify compliance with section 303 (Water
Quality Standards) before a Federal license or permit can be
issued. (Present law requires certification for only 301, 302,
306, and 307.)
EPA Issuance of Permits
Section 402(d) is amended to require the Administrator
to include in any written objections to a State permit the
reasons for the objection and the desired effluent limitation
and conditions as if it were issued by the Administrator.
If the Administrator objects to a permit issued by the
State, the State is entitled to a hearing. If the State
fails to comply with EPA's objections 30 days after the hearing
or if the State does not request a hearing after 90 days, the
Administrator may issue the permit.-
Enforcement of Municipal Permits
If the State has failed to enforce a permit against a
permittee who is violating the permit and discharging into a
POTW, the Administrator may commence enforcement action under
Section 402(h)
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Permits for Dredged or Fill Material and
State Programs for Best Management Practices
The 404 permit program was amended in several ways.
The present regulations were basically with explicit statutory
authority for EPA to transfer the program to States. In
addition, the 404, 402, and 208 programs can be integrated
at the State and regional level, -including the use of best
management practices for nonpoint sources.
The amendments allow the Corps to issue general
permits for a category of activities involving discharge of
dredged material. General permits must be for no more than
five years and may be modified or revoked after opportunity
for a public hearing.
Exempted from a requirement for permits are discharges
of dredge or fill material that do not contain 307 toxics,
that are from normal farming and ranching activities for
construction and maintenance of farm or stock ponds,
irrigation ditches or maintenance of drainage ditches,
certain roads, and those resulting from an approved 208(b)
(4) program.
A series of amendments ((g) through (D) allow the
States, if qualified, to operate the 404 programs similarly to
the 402 permit program.
If EPA objects to a State permit, the State may request
a hearing similar to the 402 program, and EPA may issue the
permit.
Federal projects specifically authorized by Congress
which have filed an environmental impact statement prior to
authorization or a construction appropriation,which covers
404 issues, are exempt from the 404 permit.
Amendments to 208
Section 208(b)(4) authorizes the Administrator to
approve statewide regulatory programs to control those
discharges of dredge and fill material better handled through
utilization of best management practices. Once a State has
an approved 404 and 208(b)(4) program, the Administrator
may approve best management practices for activities deter-
mined to have only minor individual and cumulative effects
on the aquatic environment. The Administrator may suspend
the program under 208(b) (4) for substantial failure of the
State to administer the program.
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Sludge Disposal
Permits for the disposal of sludge, issued under, f-bis
section (405), must be consistent with 402 permits.
Emergency Fund
> $10 million fund is to be maintained to provide emergency
assistance whenever it is immediately required to prevent, limit,
or mitigate an environmental emergency. There may be a s'ig-~
nifleant risk to public health or welfare, and the assistance
would not. otherwise be provided on a timely basis.
Combined Sewer Overflows
A study is required by October 1, 1978, on combined
sewer overflows in POTW1s.
Utilization of Treated Sludge
The Agency, in consultation with TVA and other ag.»ncir.s,
shall submit a study by October 1, 1978,on the current &nc •
potential utilization of municipal wastewater and sludge. *
Cost Recovery Study and
Water Conservation
Requires a 12-month study of the efficiency and need
for ICj?; a moritorium on payments cf ICR shall extend fcr
eighteen months.
Industrial users who reduce their total consumption of
water shall have their costs reduced in proportion to their
flow rsdvction.
The amount of reserve capacity of POTW's shall take into
account efforts to reduce flow of sewage and unnecessary
water consumption.
Miscellaneous Amendments
A study is to be completed by January 1, 1979, on the
effects cf seafood processes which dispose of untreated
natural wastes into marine waters.
The construction of a secondary treatment plan at Deer
Island, Massachusetts, on property that is now a correctional
facility is authorized ; $15,000,000 is authorized to construct a
new correctional facility elsewhere.
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A study to be completed by January 1, 1979, is to be
made on the effects of the disposal of certain natural
untreated wastes that are by-products of rum distilleries.
A study is required by March 28, 1973, on bidding procedures
for POTW's.
An amendment passed outside of E.Ju 3199 provides reimburse-
ment to Derry Township, Pennsylvania.
Legislative Division
Offics of Legislation
Environmental Protection
Agency
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