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33 U.S.C. § 1326 — Thermal discharges
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-33/section-1326-thermal-discharges--d716f929ad.md
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Source location: Title 33, Chapter 26, § 1326; chapter-026-water-pollution-prevention-and-control.md
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**(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 source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
**(c) Period of protection from more stringent effluent limitations following discharge point source modification commenced after October 18, 1972** Notwithstanding any other provision of this chapter, any point source of a discharge having a thermal component, the modification of which point source is commenced after October 18, 1972, and which, as modified, meets effluent limitations established under [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311&num=0&edition=prelim) or, if more stringent, effluent limitations established under [section 1313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1313&num=0&edition=prelim) and which effluent limitations will assure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in or on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal component of its discharge during a ten year period beginning on the date of completion of such modification or during the period of depreciation or amortization of such facility for the purpose of section 167 or 169 (or both) of title 26, whichever period ends first.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Existing water quality standards**
(1) In order to carry out the purpose of this chapter, any water quality standard applicable to interstate waters which was adopted by any State and submitted to, and approved by, or is awaiting approval by, the Administrator pursuant to this Act as in effect immediately prior to October 18, 1972, shall remain in effect unless the Administrator determined that such standard is not consistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall, within three months after October 18, 1972, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promulgate such changes in accordance with subsection (b) of this section.
(2) Any State which, before October 18, 1972, has adopted, pursuant to its own law, water quality standards applicable to intrastate waters shall submit such standards to the Administrator within thirty days after October 18, 1972. Each such standard shall remain in effect, in the same manner and to the same extent as any other water quality standard established under this chapter unless the Administrator determines that such standard is inconsistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall not later than the one hundred and twentieth day after the date of submission of such standards, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State within ninety days after such notification, the Administrator
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of national programs; cooperation; investigations; water quality surveillance system; reports** The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall—
(1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical services to pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control agencies and other interested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the results of such investigations;
(4) establish advisory committees composed of recognized experts in various aspects of pollution and representatives of the public to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research;
(5) in cooperation with the States, and their political subdivisions, and other Federal agencies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable waters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and
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Federal law — U.S. Code and appendices · legal_authorities
Page 551
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1328
Works of Senate, effective Feb. 11, 1977. See Rule XXV
of Standing Rules of Senate, as amended by Senate
Resolution No. 4 (popularly cited as the ‘‘Committee
System Reorganization Amendments of 1977’’), ap-
proved Feb. 4, 1977.
Committee on Public Works of House of Representa-
tives changed to Committee on Public Works and
Transportation of House of Representatives, effective
Jan. 3, 1975, by House Resolution No. 988, 93d Congress.
Committee on Public Works and Transportation of
House of Representatives treated as referring to Com-
mittee 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 Con-
gress.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organi-
zation and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 1326. Thermal discharges
(a) Effluent limitations that will assure protec-
tion 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 or section 1316 of this title, whenever the
owner or operator of any such source, after op-
portunity for public hearing, can demonstrate to
the satisfaction of the Administrator (or, if ap-
propriate, the State) that any effluent limita-
tion proposed for the control of the thermal
component of any discharge from such source
will req
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1326
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