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33 U.S.C. § 1316 — National standards of performance

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1316 — National standards of performance

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Source location: Title 33, Chapter 26, § 1316; chapter-026-water-pollution-prevention-and-control.md

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**(a) Definitions** 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 demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting 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 source, if such standard is thereafter promulgated 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 pollutants. (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 obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises. **(b) Categories of sources; Federal standards of performance for new sources** (1) (A) The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter shall revise) a list of categories of sources, which shall, at the minimum, include:pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing; grain mills; canned and 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 interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he shall promulgate, 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 technology and alternatives change, revise such standards following the procedure required by this subsection for promulgation 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 quality, environmental impact and energy requirements. (2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards and shall consider the type of process employed (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) State enforcement of standards of performance** 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 Administrator 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 authorized to apply and enforce such standards of performance (except with respect to new sources owned or operated by the United States). **(d) Protection from more stringent standards** Notwithstanding any other provision of this chapter, any point source the construction of which is commenced after October 18, 1972, and which is so constructed as to meet all applicable standards 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 depreciation or amortization of such facility for the purposes of section 167 or 169 (or both) of title 26 whichever period ends first. **(e) Illegality of operation of new sources in violation of applicable standards of performance** After the effective date of standards of performance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standard of performance applicable to such source.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1311 — Effluent limitations

**(a) Illegality of pollutant discharges except in compliance with law** Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful. **(b) Timetable for achievement of objectives** In order to carry out the objective of this chapter there shall be achieved— (1) (A) 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 control technology currently available as defined by the Administrator pursuant to [section 1314(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/b&num=0&edition=prelim), or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any requirements under [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1317&num=0&edition=prelim); and (B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to [section 1283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1283&num=0&edition=prelim) prior to June 30, 1974 (for which construction must be completed within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to [section 1314(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/d/1&num=0&edition=prelim); or, (C) not later than July 1, 1977, any more stringent limitation, in

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1314 — Information and guidelines

**(a) Criteria development and publication** (1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) criteria for water quality accurately reflecting the latest scientific knowledge (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 dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (C) on the effects of pollutants on biological community diversity, productivity, and stability, including 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 Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) information (A) on the factors necessary to restore and maintain the chemical, physical, 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 measurement and classification of water quality; and (D) for the purpose of [section 1313 of this title](https://

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1317 — Toxic and pretreatment effluent standards

**(a) Toxic pollutant list; revision; hearing; promulgation of standards; effective date; consultation** (1) On and after December 27, 1977, the list of toxic pollutants or combination of pollutants subject to this chapter shall consist of those toxic pollutants 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 December 27, 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, including the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance 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 arbitrary 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 achievable for the applicable category or class of point sources established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establish

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1326 — Thermal discharges

**(a) Effluent limitations that will assure protection and propagation of balanced, indigenous population of shellfish, fish, and wildlife** With respect to any point source otherwise subject to the provisions of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311&num=0&edition=prelim) or [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1316&num=0&edition=prelim), whenever the owner or operator of any such source, after opportunity for public hearing, can demonstrate to the satisfaction of the Administrator (or, if appropriate, the State) that any effluent limitation proposed for the control of the thermal component of any discharge 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, and 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 effluent 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 protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on that body of water. **(b) Cooling water intake structures** Any standard established pursuant to [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311&num=0&edition=prelim) or [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1316&num=0&edition=prelim) and applicable to a point sou

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1341 — Certification

**(a) Compliance with applicable requirements; application; procedures; license suspension** (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction 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 originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy [section 1371(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1371/c&num=0&edition=prelim). Such State or interstate 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 specific 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 Administrator, 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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(a) Permits for discharge of pollutants** (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1365 — Citizen suits

**(a) Authorization; jurisdiction** Except as provided in subsection (b) of this section and [section 1319(g)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/g/6&num=0&edition=prelim), any citizen may commence a civil action on his own behalf— (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not 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 1319(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/d&num=0&edition=prelim). **(b) Notice** No action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or (B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United Sta

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1367 — Employee protection

**(a) Discrimination against persons filing, instituting, or testifying in proceedings under this chapter prohibited** No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of 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 chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter. **(b) Application for review; investigation; hearing; review** 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 thirty days after such alleged violation occurs, apply to the Secretary 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 appropriate. 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 violation. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Upon receiving the report of such investigation, the Secretary of Labor shall make findings of fact. If he finds that

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1369 — Administrative procedure and judicial review

**(a) Subpenas** (1) For purposes of obtaining information under [section 1315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1315&num=0&edition=prelim), or carrying out [section 1367(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1367/e&num=0&edition=prelim), the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for effluent data, upon a showing 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 information or particular portion thereof confidential in accordance with the purposes of [section 1905 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim), 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 chapter, or when relevant in any proceeding under this chapter. 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 district court of the United States for any district in which such person is found or resides 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 before the Administrator, t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1371 — Authority under other laws and regulations

**(a) Impairment of authority or functions of officials and agencies; treaty provisions** This chapter 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 chapter; (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 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim) shall be conclusive as to the effect on water quality of any discharge resulting from any activity subject to [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section403&num=0&edition=prelim), or (3) affecting or impairing the provisions of any treaty of the United States. **(b) Discharges of pollutants into navigable waters** Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; [33 U.S.C. 421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section421&num=0&edition=prelim)) and the Supervisory Harbors Act of 1888 (25 Stat. 209; [33 U.S.C. 441–451b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section441–451b&num=0&edition=prelim)) shall be regulated pursuant to this chapter, and not subject to such Act of 1910 and the Act of 1888 except as to effect on navigation and anchorage. **(c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969** (1) Except for the provision of Federal financial assistance for the purpose of assisting the construction of publicly own

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