33 U.S.C. § 1326 — Thermal discharges

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 require effluent limitations more stringent than necessary to assure the projection and propagation of a balanced, indigenous popu- lation 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 or section 1316 of this title 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 ad- verse environmental impact. (c) Period of protection from more stringent ef- fluent limitations following discharge point source modification commenced after Octo- ber 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 lim- itations established under section 1311 of this title or, if more stringent, effluent limitations established under section 1313 of this title and which effluent limitations will assure protection and propagation of a balanced, indigenous popu- lation 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 compo- nent of its discharge during a ten year period be- ginning on the date of completion of such modi- fication 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. (June 30, 1948, ch. 758, title III, § 316, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes AMENDMENTS 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 1327. Omitted Editorial Notes CODIFICATION Section, act June 30, 1948, ch. 758, title III, § 317, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 877, au- thorized Administrator to investigate and study feasi- bility of alternate methods of financing cost of pre- venting, controlling, and abating pollution as directed by Water Quality Improvement Act of 1970 and to re- port to Congress, not later than two years after Oct. 18, 1972, the results of investigation and study accom- panied by recommendations for financing these pro- grams for fiscal years beginning after 1976. § 1328. Aquaculture (a) Authority to permit discharge of specific pol- lutants The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled condi- tions associated with an approved aquaculture project under Federal or State supervision pur- suant to section 1342 of this title. (b) Procedures and guidelines The Administrator shall by regulation estab- lish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the ap- plication to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter. (c) State administration Each State desiring to administer its own per- mit program within its jurisdiction for dis- charge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.