(June 30, 1948, ch. 758, title IV, § 402, as added Pub. L. 92–500, § 2,Oct. 18, 1972, 86 Stat. 880; amended Pub. L. 95–217, §§ 33(c),
66,Dec. 27, 1977, 91 Stat. 1577, 1588, 1591, 1599, 1600; Pub. L. 100–4, title IV, §§ 401–404(a),
(c), formerly 404(d), 405, Feb. 4, 1987, 101 Stat. 65–67, 69, renumbered § 404(c),Pub. L. 104–66, title II, § 2021(e)(2),Dec. 21, 1995, 109 Stat. 727; Pub. L. 102–580, title III, § 364,Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–224; Pub. L. 110–288, § 2,July 29, 2008, 122 Stat. 2650.)
2008—Subsec. (r). Pub. L. 110–288
added subsec. (r).
2000—Subsec. (q). Pub. L. 106–554
added subsec. (q).
1992—Subsec. (p)(1), (6). Pub. L. 102–580
substituted “October 1, 1994” for “October 1, 1992” in par. (1) and “October 1, 1993” for “October 1, 1992” in par. (6).
1987—Subsec. (a)(1). Pub. L. 100–4
, § 404(c), inserted cl. (A) and (B) designations.
Subsec. (c)(1). Pub. L. 100–4
, § 403(b)(2), substituted “as to those discharges” for “as to those navigable waters”.
Subsec. (c)(4). Pub. L. 100–4
, § 403(b)(1), added par. (4).
Subsec. (l). Pub. L. 100–4
, § 401, inserted “Limitation on permit requirement” as subsec. heading designated existing provisions as par. (1) and inserted par. heading, added par. (2), and aligned pars. (1) and (2).
Subsecs. (m) to (p). Pub. L. 100–4
, §§ 402,
, added subsecs. (m) to (p).
1977—Subsec. (a)(5). Pub. L. 95–217
, § 50, substituted “section
” for “section
Subsec. (b). Pub. L. 95–217
, § 50, substituted in provisions preceding par. (1) “subsection (i)(2) ofsection
” for “subsection (h)(2) ofsection
Subsec. (b)(8). Pub. L. 95–217
, § 54(c)(1), inserted reference to identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section
of this title into treatment works and programs to assure compliance with pretreatment standards by each source.
Subsec. (c)(1), (2). Pub. L. 95–217
, § 50, substituted “section
” for “section
Subsec. (d)(2). Pub. L. 95–217
, § 65(b), inserted provision requiring that, whenever the Administrator objects to the issuance of a permit under subsec. (d)(2) of this section, the written objection contain a statement of the reasons for the objection and the effluent limitations and conditions which the permit would include if it were issued by the Administrator.
Subsec. (d)(4). Pub. L. 95–217
, § 65(a), added par. (4).
Subsec. (e). Pub. L. 95–217
, § 50, substituted “subsection (i)(2) ofsection
” for “subsection (h)(2) ofsection
Subsec. (h). Pub. L. 95–217
, § 66, substituted “where no State program is approved or where the Administrator determines pursuant to section
of this title that a State with an approved program has not commenced appropriate enforcement action with respect to such permit,” for “where no State program is approved,”.
Subsec. (l). Pub. L. 95–217
, § 33(c), added subsec. (l).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
Enforcement functions of Administrator or other official of the Environmental Protection Agency under this section relating to compliance with national pollutant discharge elimination system permits with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(a),
, 33666, 93 Stat. 1373
, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) ofPub. L. 102–486
, set out as an Abolition of Office of Federal Inspector note under section
, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
Permit Requirements for Discharges From Certain Vessels
Pub. L. 110–299
, §§ 1,
,July 31, 2008, 122 Stat. 2995
, as amended by Pub. L. 111–215
, § 1,July 30, 2010, 124 Stat. 2347
, provided that:
“In this Act:
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.
“(2) Covered vessel.—The term ‘covered vessel’ means a vessel that is—
“(A) less than 79 feet in length; or
“(B) a fishing vessel (as defined in section
, United States Code), regardless of the length of the vessel.
2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
“(3) Other terms.—The terms ‘contiguous zone’, ‘discharge’, ‘ocean’, and ‘State’ have the meanings given the terms in section 502 of the Federal Water Pollution Control Act (33
“(a) No Permit Requirement.—Except as provided in subsection (b), during the period beginning on the date of the enactment of this Act [July 31, 2008] and ending on December 18, 2013, the Administrator, or a State in the case of a permit program approved under section 402 of the Federal Water Pollution Control Act (33
), shall not require a permit under that section for a covered vessel for—
“(1) any discharge of effluent from properly functioning marine engines;
“(2) any discharge of laundry, shower, and galley sink wastes; or
“(3) any other discharge incidental to the normal operation of a covered vessel.
“(b) Exceptions.—Subsection (a) shall not apply with respect to—
“(1) rubbish, trash, garbage, or other such materials discharged overboard;
“(2) other discharges when the vessel is operating in a capacity other than as a means of transportation, such as when—
“(A) used as an energy or mining facility;
“(B) used as a storage facility or a seafood processing facility;
“(C) secured to a storage facility or a seafood processing facility; or
“(D) secured to the bed of the ocean, the contiguous zone, or waters of the United States for the purpose of mineral or oil exploration or development;
“(3) any discharge of ballast water; or
“(4) any discharge in a case in which the Administrator or State, as appropriate, determines that the discharge—
“(A) contributes to a violation of a water quality standard; or
“(B) poses an unacceptable risk to human health or the environment.”
Stormwater Permit Requirements
Pub. L. 102–240
, title I, § 1068,Dec. 18, 1991, 105 Stat. 2007
, provided that:
“(a) General Rule.—Notwithstanding the requirements of sections 402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control Act [33
, (C), (D)], permit application deadlines for stormwater discharges associated with industrial activities from facilities that are owned or operated by a municipality shall be established by the Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ‘Administrator’) pursuant to the requirements of this section.
“(b) Permit Applications.—
“(1) Individual applications.—The Administrator shall require individual permit applications for discharges described in subsection (a) on or before October 1, 1992; except that any municipality that has participated in a timely part I group application for an industrial activity discharging stormwater that is denied such participation in a group application or for which a group application is denied shall not be required to submit an individual application until the 180th day following the date on which the denial is made.
“(2) Group applications.—With respect to group applications for permits for discharges described in subsection (a), the Administrator shall require—
“(A) part I applications on or before September 30, 1991, except that any municipality with a population of less than 250,000 shall not be required to submit a part I application before May 18, 1992; and
“(B) part II applications on or before October 1, 1992, except that any municipality with a population of less than 250,000 shall not be required to submit a part II application before May 17, 1993.
“(c) Municipalities With Less Than 100,000 Population.—The Administrator shall not require any municipality with a population of less than 100,000 to apply for or obtain a permit for any stormwater discharge associated with an industrial activity other than an airport, powerplant, or uncontrolled sanitary landfill owned or operated by such municipality before October 1, 1992, unless such permit is required by section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [33
“(d) Uncontrolled Sanitary Landfill Defined.—For the purposes of this section, the term ‘uncontrolled sanitary landfill’ means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on and run-off controls established pursuant to subtitle D of the Solid Waste Disposal Act [42
“(e) Limitation on Statutory Construction.—Nothing in this section shall be construed to affect any application or permit requirement, including any deadline, to apply for or obtain a permit for stormwater discharges subject to section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [33
“(f) Regulations.—The Administrator shall issue final regulations with respect to general permits for stormwater discharges associated with industrial activity on or before February 1, 1992.”
Phosphate Fertilizer Effluent Limitation
Section 306(c) ofPub. L. 100–4
“(1) Issuance of permit.—As soon as possible after the date of the enactment of this Act [Feb. 4, 1987], but not later than 180 days after such date of enactment, the Administrator shall issue permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33
] with respect to facilities—
“(A) which were under construction on or before April 8, 1974, and
“(B) for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b) of such Act [33
] for phosphate subcategory of the fertilizer manufacturing point source category to exclude such facilities.
“(2) Limitations on statutory construction.—Nothing in this section [amending section
of this title and enacting this note] shall be construed—
“(A) to require the Administrator to permit the discharge of gypsum or gypsum waste into the navigable waters,
“(B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33
“(C) to affect the authority of any State to deny or condition certification under section 401 of such Act [33
] with respect to the issuance of permits under section 402(a)(1)(B) of such Act.”
Log Transfer Facilities
Section 407 ofPub. L. 100–4
“(a) Agreement.—The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollution Control Act [33
], where both such sections apply, for discharges associated with the construction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of permits, and inequitable enforcement between and among facilities in different States, shall be eliminated.
“(b) Applications and Permits Before October 22, 1985.—Where both of sections 402 and 404 of the Federal Water Pollution Control Act [33
] apply, log transfer facilities which have received a permit under section 404 of such Act before October 22, 1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Administrator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act [33
, and 1343
], a separate application for a permit under section 402 of such Act shall not thereafter be required. In any case where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, modifications to the existing permit under section 404 of such Act to incorporate such applicable requirements shall be issued by the Administrator as an alternative to issuance of a separate new permit under section 402 of such Act.
“(c) Log Transfer Facility Defined.—For the purposes of this section, the term ‘log transfer facility’ means a facility which is constructed in whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially harvested logs to or from a vessel or log raft, including the formation of a log raft.”
Allowable Delay in Modifying Existing Approved State Permit Programs To Conform to 1977 Amendment
Section 54(c)(2) ofPub. L. 95–217
provided that any State permit program approved under this section before Dec. 27, 1977, which required modification to conform to the amendment made by section 54(c)(1) ofPub. L. 95–217
, which amended subsec. (b)(8) of this section, not be required to be modified before the end of the one year period which began on Dec. 27, 1977, unless in order to make the required modification a State must amend or enact a law in which case such modification not be required for such State before the end of the two year period which began on Dec. 27, 1977.