33 U.S.C. § 1370 — State authority

Page 590 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1370 101 Stat. 1732; Pub. L. 115–282, title IX, § 903(c)(4), Dec. 4, 2018, 132 Stat. 4356.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(4). Pub. L. 115–282 added par. (4). 1988—Subsec. (b)(3), (4). Pub. L. 100–236 redesignated par. (4) as (3) and struck out former par. (3) relating to venue, which provided for selection procedure in sub- par. (A), administrative provisions in subpar. (B), and transfers in subpar. (C). 1987—Subsec. (b)(1). Pub. L. 100–4, §§ 308(b), 406(d)(3), 505(a), substituted ‘‘transacts business which is directly affected by such action’’ for ‘‘transacts such business’’, ‘‘120’’ for ‘‘ninety’’, and ‘‘120th’’ for ‘‘ninetieth’’, sub- stituted ‘‘1316, or 1345 of this title’’ for ‘‘or 1316 of this title’’ in cl. (E), and added cl. (G). Subsec. (b)(3), (4). Pub. L. 100–4, § 505(b), added pars. (3) and (4). 1973—Subsec. (b)(1)(C). Pub. L. 93–207 substituted ‘‘pretreatment’’ for ‘‘treatment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–236 effective 180 days after Jan. 8, 1988, see section 3 of Pub. L. 100–236, set out as a note under section 2112 of Title 28, Judiciary and Ju- dicial Procedure. § 1370. State authority Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivi- sion thereof or interstate agency to adopt or en- force (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; ex- cept that if an effluent limitation, or other limi- tation, effluent standard, prohibition, pretreatment standard, or standard of perform- ance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limita- tion, or other limitation, effluent standard, pro- hibition, pretreatment standard, or standard of performance which is less stringent than the ef- fluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. (June 30, 1948, ch. 758, title V, § 510, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893.) § 1371. Authority under other laws and regula- tions (a) Impairment of authority or functions of offi- cials and agencies; treaty provisions This chapter shall not be construed as (1) lim- iting 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 naviga- tion or (B) under the Act of March 3, 1899, (30 Stat. 1112); except that any permit issued under section 1344 of this title shall be conclusive as to the effect on water quality of any discharge re- sulting from any activity subject to section 403 of this title, or (3) affecting or impairing the provisions of any treaty of the United States. (b) Discharges of pollutants into navigable wa- ters Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the Super- visory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441–451b) 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 finan- cial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by section 1281 of this title, and the issuance of a permit under section 1342 of this title for the discharge of any pollutant by a new source as defined in section 1316 of this title, no action of the Administrator taken pur- suant to this chapter shall be deemed a major Federal action significantly affecting the qual- ity of the human environment within the mean- ing of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and (2) Nothing in the National Environmental Policy Act of 1969 (83 Stat. 852) shall be deemed to— (A) authorize any Federal agency authorized to license or permit the conduct of any activ- ity which may result in the discharge of a pol- lutant into the navigable waters to review any effluent limitation or other requirement es- tablished pursuant to this chapter or the ade- quacy of any certification under section 1341 of this title; or (B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter. (d) Consideration of international water pollu- tion control agreements Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the develop- ment of the ranking in order of priority of needs for the construction of treatment works (as de- fined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such pri- ority ranking. (June 30, 1948, ch. 758, title V, § 511, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93–243, § 3, Jan. 2, 1974, 87 Stat. 1069.) Editorial Notes REFERENCES IN TEXT Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, which enacted sec- tions 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and amended section 686 of this