33 U.S. Code § 1311 - Effluent limitations
The Administrator may modify the requirements of subsection (b)(2)(A) of this section with respect to any point source for which a permit application is filed after July 1, 1977, upon a showing 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.
Any effluent limitation required by paragraph (2) of subsection (b) of this section shall be reviewed at least every five years and, if appropriate, revised pursuant to the procedure established under such paragraph.
Effluent limitations established pursuant to this section or section 1312 of this title shall be applied to all point sources of discharge of pollutants in accordance with the provisions of this chapter.
Notwithstanding any other provisions of this chapter it shall be unlawful to discharge any radiological, chemical, or biological warfare agent, any high-level radioactive waste, or any medical waste, into the navigable waters.
The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) 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.
If an owner or operator of a point source applies 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.
Upon petition of any person, 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 1314(a)(4) of this title, toxic pollutants subject to section 1317(a) of this title, and the thermal component of discharges) in accordance with the provisions of this paragraph.
The Administrator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title.
If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title, the Administrator shall list the pollutant as a toxic pollutant under section 1317(a) of this title.
If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Administrator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection.
A decision to add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title.
The Administrator may remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator 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.
In the case of any facility subject to a permit under section 1342 of this title which proposes to comply with the requirements of subsection (b)(2)(A) or (b)(2)(E) 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 toward the national goal of eliminating the discharge of all pollutants, 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 effluent limitation and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an innovative system that has the potential for significantly lower costs than the systems which have been determined by the Administrator to be economically achievable, the Administrator (or the State with an approved program under section 1342 of this title, in consultation with the Administrator) may establish a date for compliance under subsection (b)(2)(A) or (b)(2)(E) of this section no later than two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection, if it is also determined that such innovative system has the potential for industrywide application.
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 1317(a)(1) of this title.
An application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be.
The Administrator shall approve or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator.
The Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application.
For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on February 4, 1987, shall be treated as having been submitted to the Administrator on the 180th day following February 4, 1987. The applicant may amend the application to take into account the provisions of this subsection.
An application 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.
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.
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 Infrastructure of the House of Representatives a report on the status of applications for alternative requirements which modify the requirements of effluent limitations under section 1311 or 1314 of this title or any national categorical pretreatment standard under section 1317(b) of this title filed before, on, or after February 4, 1987.
The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections (c), (g), (i), (k), (m), and (n) of this section, section 1314(d)(4) of this title, and section 1326(a) of this title. All amounts collected by the Administrator 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.
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 1342(b) of this title, may issue a permit under section 1342 of this title which modifies the requirements of subsection (b)(2)(A) of this section with respect to the pH level of any pre-existing discharge, and with respect to pre-existing discharges of iron and manganese from the remined area of any coal remining operation or with respect 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 technology economically achievable on a case-by-case basis, using best professional judgment, to set specific numerical effluent limitations in each permit.
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 remining 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 levels being discharged from the remined area before the coal remining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards established under section 1313 of this title.
The term “coal remining operation” means a coal mining operation which begins after February 4, 1987 at a site on which coal mining was conducted before August 3, 1977.
The term “remined area” means only that area of any coal remining operation on which coal mining was conducted before August 3, 1977.
Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to any coal remining operation, including the application of such Act to suspended solids.
[1] So in original. Probably should be “than”.
[2] So in original. Probably should be “contractual”.
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (p)(4), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445, as amended, which is classified generally to chapter 25 (§ 1201 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables.
1995—Subsec. (n)(8). Pub. L. 104–66 substituted “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 Infrastructure” for “Every 6 months after February 4, 1987, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation”.
1994—Subsec. (j)(1)(A). Pub. L. 103–431, § 2(1), inserted before semicolon at end “, and except as provided in paragraph (5)”.
Subsec. (j)(5). Pub. L. 103–431, § 2(2), added par. (5).
1988—Subsec. (f). Pub. L. 100–688 substituted “, any high-level radioactive waste, or any medical waste,” for “or high-level radioactive waste”.
1987—Subsec. (b)(2)(C). Pub. L. 100–4, § 301(a), struck out “not later than July 1, 1984,” before “with respect” and inserted “as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989” after “of this paragraph”.
Subsec. (b)(2)(D). Pub. L. 100–4, § 301(b), substituted “as expeditiously as practicable, but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989” for “not later than three years after the date such limitations are established”.
Subsec. (b)(2)(E). Pub. L. 100–4, § 301(c), substituted “as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989, compliance with” for “not later than July 1, 1984,”.
Subsec. (b)(2)(F). Pub. L. 100–4, § 301(d), substituted “as expeditiously as practicable but in no case” for “not” and “and in no case later than March 31, 1989” for “or not later than July 1, 1984, whichever is later, but in no case later than July 1, 1987”.
Subsec. (b)(3). Pub. L. 100–4, § 301(e), added par. (3).
Subsec. (g)(1). Pub. L. 100–4, § 302(a), substituted par. (1) for introductory provisions of former par. (1) which read as follows: “The Administrator, with the concurrence of the State, shall modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge of any pollutant (other than pollutants identified pursuant to section 1314(a)(4) of this title, toxic pollutants subject to section 1317(a) of this title, and the thermal component of discharges) from any point source upon a showing by the owner or operator of such point source satisfactory to the Administrator that—”. Subpars (A) to (C) of former par. (1) were redesignated as subpars. (A) to (C) of par. (2).
Subsec. (g)(2). Pub. L. 100–4, § 302(a), (d)(2), inserted introductory provisions of par. (2), and by so doing, redesignated subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of par. (2), realigned such subpars. with subpar. (A) of par. (4), and redesignated former par. (2) as (3).
Subsec. (g)(3). Pub. L. 100–4, § 302(a), (d)(1), redesignated former par. (2) as (3), inserted heading, and aligned par. (3) with par. (4).
Subsec. (g)(4), (5). Pub. L. 100–4, § 302(b), added pars. (4) and (5).
Subsec. (h). Pub. L. 100–4, § 303(d)(2), (e), in closing provisions, inserted provision defining “primary or equivalent treatment” for purposes of par. (9) and provisions placing limitations on issuance of permits for discharge of pollutant into marine waters and saline estuarine waters and prohibiting issuance of permit for discharge of pollutant into New York Bight Apex.
Subsec. (h)(2). Pub. L. 100–4, § 303(a), substituted “the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources,” for “such modified requirements will not interfere”.
Subsec. (h)(3). Pub. L. 100–4, § 303(b)(1), inserted “, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge” before semicolon at end.
Subsec. (h)(6) to (9). Pub. L. 100–4, § 303(c), (d)(1), added par. (6), redesignated former pars. (6) and (7) as (7) and (8), respectively, substituted semicolon for period at end of par. (8), and added par. (9).
Subsec. (i)(1). Pub. L. 100–4, § 304(a), substituted “February 4, 1987” for “December 27, 1977”.
Subsec. (j)(1)(A). Pub. L. 100–4, § 303(f), inserted before semicolon at end “, except that a publicly 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 treatment works which has applied for or received modification under subsection (h), may apply for a modification of subsection (h) in its own right not later than 30 days after February 4, 1987”.
Subsec. (j)(2). Pub. L. 100–4, § 302(c)(1), substituted “Subject to paragraph (3) of this section, any” for “Any”.
Subsec. (j)(3), (4). Pub. L. 100–4, § 302(c)(2), added pars. (3) and (4).
Subsec. (k). Pub. L. 100–4, § 305, substituted “two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection” for “July 1, 1987” and inserted “or (b)(2)(E)” after “(b)(2)(A)” in two places.
Subsec. (l). Pub. L. 100–4, § 306(b), substituted “Other than as provided in subsection (n) of this section, the” for “The”.
Subsecs. (n), (o). Pub. L. 100–4, § 306(a), added subsecs. (n) and (o).
Subsec. (p). Pub. L. 100–4, § 307, added subsec. (p).
1983—Subsec. (m). Pub. L. 97–440 added subsec. (m).
1981—Subsec. (b)(2)(B). Pub. L. 97–117, § 21(b), struck out subpar. (B) which required that, not later than July 1, 1983, compliance by all publicly owned treatment works with the requirements in section 1281(g)(2)(A) of this title be achieved.
Subsec. (h). Pub. L. 97–117, § 22(a) to (c), struck out in provision preceding par. (1) “in an existing discharge” after “discharge of any pollutant”, struck out par. (8), which required the applicant to demonstrate to the satisfaction of the Administrator that any funds available to the owner of such treatment works under subchapter II of this chapter be used to achieve the degree of effluent reduction required by section 1281(b) and (g)(2)(A) of this title or to carry out the requirements of this subsection, and inserted in provision following par. (7) a further provision that a municipality which applies secondary treatment be eligible to receive a permit which modifies the requirements of subsec. (b)(1)(B) of this section with respect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters and that no permit issued under this subsection authorize the discharge of sewage sludge into marine waters.
Subsec. (i)(1), (2)(B). Pub. L. 97–117, § 21(a), substituted “July 1, 1988,” for “July 1, 1983,” wherever appearing. Par. (2)(B) contained a reference to “July 1, 1983;” which was changed to “July 1, 1988;” as the probable intent of Congress in that reference to July 1, 1983, was to the outside date for compliance for a point source other than a publicly owned treatment works and subpar. (B) allows a time extension for such a point source up to the date granted in an extension for a publicly owned treatment works, which date was extended to July 1, 1988, by Pub. L. 97–117.
Subsec. (j)(1)(A). Pub. L. 97–117, § 22(d), substituted “that the 365th day which begins after December 29, 1981” for “than 270 days after December 27, 1977”.
1977—Subsec. (b)(2)(A). Pub. L. 95–217, § 42(b), substituted “for pollutants identified in subparagraphs (C), (D), and (F) of this paragraph” for “not later than July 1, 1983”.
Subsec. (b)(2)(C) to (F). Pub. L. 95–217, § 42(a), added subpars. (C) to (F).
Subsec. (g). Pub. L. 95–217, § 43, added subsec. (g).
Subsec. (h). Pub. L. 95–217, § 44, added subsec. (h).
Subsec. (i). Pub. L. 95–217, § 45, added subsec. (i).
Subsec. (j). Pub. L. 95–217, § 46, added subsec. (j).
Subsec. (k). Pub. L. 95–217, § 47, added subsec. (k).
Subsec. (l). Pub. L. 95–217, § 53(c), added subsec. (l).
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
Pub. L. 100–4, title III, § 302(e), Feb. 4, 1987, 101 Stat. 32, provided that:
Pub. L. 100–4, title III, § 303(b)(2), Feb. 4, 1987, 101 Stat. 33, provided that:
Pub. L. 100–4, title III, § 303(g), Feb. 4, 1987, 101 Stat. 34, provided that:
Pub. L. 100–4, title III, § 304(b), Feb. 4, 1987, 101 Stat. 34, provided that:
Pub. L. 97–117, § 22(e), Dec. 29, 1981, 95 Stat. 1632, provided that:
Pub. L. 100–4, title III, § 301(f), Feb. 4, 1987, 101 Stat. 30, provided that:
|
“Category |
Date by which the final regulation shall be promulgated |
|---|---|
|
Organic chemicals and plastics and synthetic fibers |
December 31, 1986. |
|
Pesticides |
December 31, 1986.” |
Amendment by section 306(a), (b) of Pub. L. 100–4 not to 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 1342(a)(1)(B) of this title, and (C) to affect the authority of any State to deny or condition certification under section 1314 of this title with respect to the issuance of permits under section 1342(a)(1)(B) of this title, see section 306(c) of Pub. L. 100–4, set out as a note under section 1342 of this title.
Pub. L. 98–67, title II, § 214(g), Aug. 5, 1983, 97 Stat. 393, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
Pub. L. 97–117, § 21(a), Dec. 29, 1981, 95 Stat. 1631, provided in part that:
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
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