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

Page 452 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 (ii) Aggregate amount The total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than 2⁄3 of the total amount made available to carry out this subsection. (6) Federal share (A) In general Except as provided in subparagraph (C), the Federal share of a grant provided under this subsection shall not exceed 80 percent of the total project cost. (B) Credit for implementation grants The Administrator shall credit toward the non-Federal share of the cost of an imple- mentation project carried out under this subsection the cost of planning, design, and construction work completed for the project using funds other than funds provided under this section. (C) Exception The Administrator may waive the Federal share limitation under subparagraph (A) for an eligible entity that has adequately dem- onstrated financial need. (d) Report to Congress Not later than 2 years after the date on which the Administrator first awards a grant under this section, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report— (1) a description of all grants provided under this section; (2) a detailed description of— (A) the projects supported by those grants; and (B) the outcomes of those projects; (3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section; (4) recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, in- cluding research into new and emerging tech- nologies, for the centers, grants, and activities under this section; and (5) a description of existing challenges con- cerning the use of new and emerging, but prov- en, stormwater control infrastructure. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section (except for subsection (b)) $10,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. (Pub. L. 117–58, div. E, title II, § 50217, Nov. 15, 2021, 135 Stat. 1175.) Editorial Notes CODIFICATION Section was enacted as part of the Drinking Water and Wastewater Infrastructure Act of 2021 and also as part of the Infrastructure Investment and Jobs Act, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘ADMINISTRATOR’’ DEFINED Administrator means the Administrator of the Envi- ronmental Protection Agency, see section 50002 of Pub. L. 117–58, set out as a note under section 300j–18a of Title 42, The Public Health and Welfare. SUBCHAPTER III—STANDARDS AND ENFORCEMENT § 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 pub- licly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as de- fined by the Administrator pursuant to sec- tion 1314(b) of this title, or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of sub- paragraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any require- ments under section 1317 of this title; and (B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to section 1283 of this title prior to June 30, 1974 (for which construction must be com- pleted 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; or, (C) not later than July 1, 1977, any more stringent limitation, including those nec- essary to meet water quality standards, treat- ment standards, or schedules of compliance, established pursuant to any State law or regu- lations (under authority preserved by section 1370 of this title) or any other Federal law or regulation, or required to implement any ap- plicable water quality standard established pursuant to this chapter. (2)(A) for pollutants identified in subpara- graphs (C), (D), and (F) of this paragraph, ef- fluent limitations for categories and classes of point sources, other than publicly owned treatment works, which (i) shall require appli- cation of the best available technology eco- nomically achievable for such category or class, which will result in reasonable further progress toward the national goal of elimi- nating the discharge of all pollutants, as de- Page 453 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 termined in accordance with regulations issued by the Administrator pursuant to sec- tion 1314(b)(2) of this title, which such effluent limitations shall require the elimination of discharges of all pollutants if the Adminis- trator finds, on the basis of information avail- able to him (including information developed pursuant to section 1325 of this title), that such elimination is technologically and eco- nomically achievable for a category or class of point sources as determined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(2) of this title, or (ii) in the case of the introduction of a pollut- ant into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, shall require compliance with any applicable pretreatment require- ments and any other requirement under sec- tion 1317 of this title; (B) Repealed. Pub. L. 97–117, § 21(b), Dec. 29, 1981, 95 Stat. 1632. (C) with respect to all toxic pollutants re- ferred to in table 1 of Committee Print Num- bered 95–30 of the Committee on Public Works and Transportation of the House of Represent- atives compliance with effluent limitations in accordance with subparagraph (A) of this para- graph 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; (D) for all toxic pollutants listed under para- graph (1) of subsection (a) of section 1317 of this title which are not referred to in subpara- graph (C) of this paragraph compliance with effluent limitations in accordance with sub- paragraph (A) of this paragraph as expedi- tiously as practicable, but in no case later than three years after the date such limita- tions are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989; (E) 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 effluent limi- tations for categories and classes of point sources, other than publicly owned treatment works, which in the case of pollutants identi- fied pursuant to section 1314(a)(4) of this title shall require application of the best conven- tional pollutant control technology as deter- mined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(4) of this title; and (F) for all pollutants (other than those sub- ject to subparagraphs (C), (D), or (E) of this paragraph) compliance with effluent limita- tions in accordance with subparagraph (A) of this paragraph as expeditiously as practicable but in no case later than 3 years after the date such limitations are established, and in no case later than March 31, 1989. (3)(A) for effluent limitations under para- graph (1)(A)(i) of this subsection promulgated after January 1, 1982, and requiring a level of control substantially greater or based on fun- damentally different control technology than under permits for an industrial category issued before such date, compliance as expedi- tiously 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; and (B) for any effluent limitation in accordance with paragraph (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on the basis of section 1342(a)(1) of this title in a permit issued after February 4, 1987, compliance as expeditiously as practicable but in no case later than three years after the date such lim- itations are established, and in no case later than March 31, 1989. (c) Modification of timetable The Administrator may modify the require- ments 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 eco- nomic capability of the owner or operator; and (2) will result in reasonable further progress to- ward the elimination of the discharge of pollut- ants. (d) Review and revision of effluent limitations Any effluent limitation required by paragraph (2) of subsection (b) of this section shall be re- viewed at least every five years and, if appro- priate, revised pursuant to the procedure estab- lished under such paragraph. (e) All point discharge source application of ef- fluent limitations Effluent limitations established pursuant to this section or section 1312 of this title shall be applied to all point sources of discharge of pol- lutants in accordance with the provisions of this chapter. (f) Illegality of discharge of radiological, chem- ical, or biological warfare agents, high-level radioactive waste, or medical waste Notwithstanding any other provisions of this chapter it shall be unlawful to discharge any ra- diological, chemical, or biological warfare agent, any high-level radioactive waste, or any medical waste, into the navigable waters. (g) Modifications for certain nonconventional pollutants (1) General authority The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) of this section with re- spect to the discharge from any point source of ammonia, chlorine, color, iron, and total phenols (4AAP) (when determined by the Ad- ministrator to be a pollutant covered by sub- section (b)(2)(F)) and any other pollutant which the Administrator lists under paragraph (4) of this subsection. (2) Requirements for granting modifications A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that— Page 454 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 (A) such modified requirements will result at a minimum in compliance with the re- quirements of subsection (b)(1)(A) or (C) of this section, whichever is applicable; (B) such modified requirements will not re- sult in any additional requirements on any other point or nonpoint source; and (C) such modification will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow rec- reational activities, in and on the water and such modification will not result in the dis- charge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute tox- icity, chronic toxicity (including carcino- genicity, mutagenicity or teratogenicity), or synergistic propensities. (3) Limitation on authority to apply for sub- section (c) modification If an owner or operator of a point source ap- plies 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 eli- gible to apply for a modification under this subsection. (4) Procedures for listing additional pollutants (A) General authority Upon petition of any person, the Adminis- trator 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 compo- nent of discharges) in accordance with the provisions of this paragraph. (B) Requirements for listing (i) Sufficient information The person petitioning for listing of an additional pollutant under this subsection shall submit to the Administrator suffi- cient information to make the determina- tions required by this subparagraph. (ii) Toxic criteria determination 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. (iii) Listing as toxic pollutant 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 sec- tion 1317(a) of this title. (iv) Nonconventional criteria determina- tion If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such sec- tion and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with re- spect to the pollutant, the Administrator shall add the pollutant to the list of pol- lutants specified in paragraph (1) of this subsection for which modifications are au- thorized under this subsection. (C) Requirements for filing of petitions A petition for listing of a pollutant under this paragraph— (i) must be filed not later than 270 days after the date of promulgation of an appli- cable effluent guideline under section 1314 of this title; (ii) may be filed before promulgation of such guideline; and (iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant. (D) Deadline for approval of petition 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 promulga- tion of an applicable effluent guideline under section 1314 of this title. (E) Burden of proof The burden of proof for making the deter- minations under subparagraph (B) shall be on the petitioner. (5) Removal of pollutants The Administrator may remove any pollut- ant from the list of pollutants for which modi- fications 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 sub- section. (h) Modification of secondary treatment require- ments The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsection (b)(1)(B) of this section with respect to the discharge of any pollutant from a pub- licly owned treatment works into marine wa- ters, if the applicant demonstrates to the satis- faction of the Administrator that— (1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has been identified under section 1314(a)(6) of this title; (2) the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollut- ants from other sources, with the attainment or maintenance of that water quality which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water; (3) the applicant has established a system for monitoring the impact of such discharge Page 455 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 on a representative sample of aquatic biota, to the extent practicable, 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; (4) such modified requirements will not re- sult in any additional requirements on any other point or nonpoint source; (5) all applicable pretreatment requirements for sources introducing waste into such treat- ment works will be enforced; (6) in the case of any treatment works serv- ing a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment pro- gram which, in combination with the treat- ment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply sec- ondary treatment to discharges and if such works had no pretreatment program with re- spect to such pollutant; (7) to the extent practicable, the applicant has established a schedule of activities de- signed to eliminate the entrance of toxic pol- lutants from nonindustrial sources into such treatment works; (8) there will be no new or substantially in- creased discharges from the point source of the pollutant to which the modification ap- plies above that volume of discharge specified in the permit; (9) the applicant at the time such modifica- tion becomes effective will be discharging ef- fluent which has received at least primary or equivalent treatment and which meets the cri- teria established under section 1314(a)(1) of this title after initial mixing in the waters surrounding or adjacent to the point at which such effluent is discharged. For the purposes of this subsection the phrase ‘‘the discharge of any pollutant into marine wa- ters’’ refers to a discharge into deep waters of the territorial sea or the waters of the contig- uous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the Administrator determines necessary to allow compliance with paragraph (2) of this subsection, and section 1251(a)(2) of this title. For the purposes of paragraph (9), ‘‘primary or equivalent treatment’’ means treatment by screening, sedimentation, and skimming ade- quate to remove at least 30 percent of the bio- logical oxygen demanding material and of the suspended solids in the treatment works influ- ent, and disinfection, where appropriate. A mu- nicipality which applies secondary treatment shall be eligible to receive a permit pursuant to this subsection which modifies the requirements of subsection (b)(1)(B) of this section with re- spect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters. No permit issued under this subsection shall authorize the discharge of sew- age sludge into marine waters. In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously dis- charged effluent from such treatment works. No permit issued under this subsection shall au- thorize the discharge of any pollutant into sa- line estuarine waters which at the time of appli- cation do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protec- tion of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and pro- tection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal re- lationship between such characteristics and the applicant’s current or proposed discharge. Not- withstanding any other provisions of this sub- section, no permit may be issued under this sub- section for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 de- grees 10 minutes north latitude. (i) Municipal time extensions (1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) con- struction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this chapter available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treat- ment works may request the Administrator (or if appropriate the State) to issue a permit pur- suant to section 1342 of this title or to modify a permit issued pursuant to that section to extend such time for compliance. Any such request shall be filed with the Administrator (or if ap- propriate the State) within 180 days after Feb- ruary 4, 1987. The Administrator (or if appro- priate the State) may grant such request and issue or modify such a permit, which shall con- tain a schedule of compliance for the publicly owned treatment works based on the earliest date by which such financial assistance will be available from the United States and construc- tion can be completed, but in no event later than July 1, 1988, and shall contain such other terms and conditions, including those necessary to carry out subsections (b) through (g) of sec- tion 1281 of this title, section 1317 of this title, and such interim effluent limitations applicable to that treatment works as the Administrator determines are necessary to carry out the provi- sions of this chapter. (2)(A) Where a point source (other than a pub- licly owned treatment works) will not achieve the requirements of subsections (b)(1)(A) and (b)(1)(C) of this section and— (i) if a permit issued prior to July 1, 1977, to such point source is based upon a discharge into a publicly owned treatment works; or Page 456 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 1 So in original. Probably should be ‘‘than’’. (ii) if such point source (other than a pub- licly owned treatment works) had before July 1, 1977, a contract (enforceable against such point source) to discharge into a publicly owned treatment works; or (iii) if either an application made before July 1, 1977, for a construction grant under this chapter for a publicly owned treatment works, or engineering or architectural plans or working drawings made before July 1, 1977, for a publicly owned treatment works, show that such point source was to discharge into such publicly owned treatment works, and such publicly owned treatment works is presently unable to accept such discharge with- out construction, and in the case of a discharge to an existing publicly owned treatment works, such treatment works has an extension pursuant to paragraph (1) of this subsection, the owner or operator of such point source may request the Administrator (or if appropriate the State) to issue or modify such a permit pursuant to such section 1342 of this title to extend such time for compliance. Any such request shall be filed with the Administrator (or if appropriate the State) within 180 days after December 27, 1977, or the filing of a request by the appropriate publicly owned treatment works under paragraph (1) of this subsection, whichever is later. If the Ad- ministrator (or if appropriate the State) finds that the owner or operator of such point source has acted in good faith, he may grant such re- quest and issue or modify such a permit, which shall contain a schedule of compliance for the point source to achieve the requirements of sub- sections (b)(1)(A) and (C) of this section and shall contain such other terms and conditions, including pretreatment and interim effluent limitations and water conservation require- ments applicable to that point source, as the Administrator determines are necessary to carry out the provisions of this chapter. (B) No time modification granted by the Ad- ministrator (or if appropriate the State) pursu- ant to paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treat- ment works pursuant to paragraph (1) of this subsection, but in no event shall it extend be- yond July 1, 1988; and no such time modification shall be granted unless (i) the publicly owned treatment works will be in operation and avail- able to the point source before July 1, 1988, and will meet the requirements of subsections (b)(1)(B) and (C) of this section after receiving the discharge from that point source; and (ii) the point source and the publicly owned treat- ment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 1284 of this title, and the publicly owned treatment works to accept the discharge from the point source; and (iii) the permit for such point source re- quires that point source to meet all require- ments under section 1317(a) and (b) of this title during the period of such time modification. (j) Modification procedures (1) Any application filed under this section for a modification of the provisions of— (A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later that 1 the 365th day which begins after December 29, 1981, 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 modi- fication of subsection (h) in its own right not later than 30 days after February 4, 1987, and except as provided in paragraph (5); (B) subsection (b)(2)(A) as it applies to pol- lutants identified in subsection (b)(2)(F) shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title or not later than 270 days after December 27, 1977, whichever is later. (2) Subject to paragraph (3) of this section, any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this chapter, un- less in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the envi- ronment because of bioaccumulation, persist- ency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutage- nicity, or teratogenicity), or synergistic propen- sities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Ad- ministrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought. (3) COMPLIANCE REQUIREMENTS UNDER SUB- SECTION (g).— (A) EFFECT OF FILING.—An application for a modification under subsection (g) and a peti- tion for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this chapter for all pollutants not the subject of such application or petition. (B) EFFECT OF DISAPPROVAL.—Disapproval of an application for a modification under sub- section (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this chapter. (4) DEADLINE FOR SUBSECTION (g) DECISION.—An application for a modification with respect to a pollutant filed under subsection (g) must be ap- proved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollut- Page 457 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 2 So in original. Probably should be ‘‘contractual’’. ant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or dis- approved not later than 365 days after the date of approval of such petition. (5) EXTENSION OF APPLICATION DEADLINE.— (A) IN GENERAL.—In the 180-day period begin- ning on October 31, 1994, the city of San Diego, California, may apply for a modification pur- suant to subsection (h) of the requirements of subsection (b)(1)(B) with respect to biological oxygen demand and total suspended solids in the effluent discharged into marine waters. (B) APPLICATION.—An application under this paragraph shall include a commitment by the applicant to implement a waste water rec- lamation program that, at a minimum, will— (i) achieve a system capacity of 45,000,000 gallons of reclaimed waste water per day by January 1, 2010; and (ii) result in a reduction in the quantity of suspended solids discharged by the applicant into the marine environment during the pe- riod of the modification. (C) ADDITIONAL CONDITIONS.—The Adminis- trator may not grant a modification pursuant to an application submitted under this para- graph unless the Administrator determines that such modification will result in removal of not less than 58 percent of the biological ox- ygen demand (on an annual average) and not less than 80 percent of total suspended solids (on a monthly average) in the discharge to which the application applies. (D) PRELIMINARY DECISION DEADLINE.—The Administrator shall announce a preliminary decision on an application submitted under this paragraph not later than 1 year after the date the application is submitted. (k) Innovative technology 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 efflu- ent reduction significantly greater than that re- quired by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollut- ants, or with the installation of an innovative control technique that has a substantial likeli- hood 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 limita- tion and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an in- novative system that has the potential for sig- nificantly 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. (l) Toxic pollutants 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 pol- lutant list under section 1317(a)(1) of this title. (m) Modification of effluent limitation require- ments for point sources (1) The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsections (b)(1)(A) and (b)(2)(E) of this section, and of section 1343 of this title, with respect to effluent limitations to the extent such limita- tions relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Ad- ministrator finds that— (A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Dis- charge Elimination System permit number CA0005894 or CA0005282; (B) the energy and environmental costs of meeting such requirements of subsections (b)(1)(A) and (b)(2)(E) and section 1343 of this title exceed by an unreasonable amount the benefits to be obtained, including the objec- tives of this chapter; (C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota; (D) such modified requirements will not re- sult in any additional requirements on any other point or nonpoint source; (E) there will be no new or substantially in- creased discharges from the point source of the pollutant to which the modification ap- plies above that volume of discharge specified in the permit; (F) the discharge is into waters where there is strong tidal movement and other hydrological and geological characteristics which are necessary to allow compliance with this subsection and section 1251(a)(2) of this title; (G) the applicant accepts as a condition to the permit a contractural 2 obligation to use funds in the amount required (but not less than $250,000 per year for ten years) for re- search and development of water pollution control technology, including but not limited to closed cycle technology; (H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relax- ation of the requirements of this chapter ap- plicable to similarly situated discharges; and (I) no owner or operator of a facility com- parable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the applicant (or the parent company or any sub- sidiary thereof) as a result of the issuance of a permit under this subsection. Page 458 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 (2) The effluent limitations established under a permit issued under paragraph (1) shall be suf- ficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propa- gation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essen- tial knowledge concerning the relationship be- tween effluent limitations and water quality and the lack of essential knowledge of the ef- fects of discharges on beneficial uses of the re- ceiving waters. (3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a dem- onstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this sub- section are met. (4) The Administrator may terminate a permit issued under this subsection if the Adminis- trator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Provided, That if the effluent from a source with a permit issued under this subsection is contrib- uting to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit. (n) Fundamentally different factors (1) General rule The Administrator, with the concurrence of the State, may establish an alternative re- quirement under subsection (b)(2) or section 1317(b) of this title for a facility that modifies the requirements of national effluent limita- tion guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that— (A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 1314(b) or 1314(g) of this title and considered by the Administrator in establishing such national effluent limita- tion guidelines or categorical pretreatment standards; (B) the application— (i) is based solely on information and supporting data submitted to the Adminis- trator during the rulemaking for estab- lishment of the applicable national efflu- ent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally dif- ferent for such facility; or (ii) is based on information and sup- porting data referred to in clause (i) and information and supporting data the appli- cant did not have a reasonable opportunity to submit during such rulemaking; (C) the alternative requirement is no less stringent than justified by the fundamental difference; and (D) the alternative requirement will not result in a non-water quality environmental impact which is markedly more adverse than the impact considered by the Adminis- trator in establishing such national effluent limitation guideline or categorical pretreatment standard. (2) Time limit for applications An application for an alternative require- ment 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. (3) Time limit for decision 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 Admin- istrator. (4) Submission of information 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 ap- prove or deny such application. (5) Treatment of pending applications For the purposes of this subsection, an appli- cation for an alternative requirement based on fundamentally different factors which is pend- ing 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 sub- section. (6) Effect of submission of application An application for an alternative require- ment under this subsection shall not stay the applicant’s obligation to comply with the ef- fluent limitation guideline or categorical pretreatment standard which is the subject of the application. (7) Effect of denial If an application for an alternative require- ment which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Admin- istrator, the applicant must comply with such limitation or standard as established or re- vised, as the case may be. (8) Reports By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Adminis- trator shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a re- port on the status of applications for alter- native requirements which modify the require- ments of effluent limitations under section Page 459 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 1311 or 1314 of this title or any national cat- egorical pretreatment standard under section 1317(b) of this title filed before, on, or after February 4, 1987. (o) Application fees The Administrator shall prescribe and collect from each applicant fees reflecting the reason- able administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to sub- sections (c), (g), (i), (k), (m), and (n) of this sec- tion, 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 de- posited into a special fund of the Treasury enti- tled ‘‘Water Permits and Related Services’’ which shall thereafter be available for appro- priation to carry out activities of the Environ- mental Protection Agency for which such fees were collected. (p) Modified permit for coal remining operations (1) In general Subject to paragraphs (2) through (4) of this subsection, the Administrator, or the State in any case which the State has an approved per- mit program under section 1342(b) of this title, may issue a permit under section 1342 of this title which modifies the requirements of sub- section (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 re- mining operation. Such modified requirements shall apply the best available technology eco- nomically achievable on a case-by-case basis, using best professional judgment, to set spe- cific numerical effluent limitations in each permit. (2) Limitations 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 man- ganese, to exceed the levels being discharged from the remined area before the coal re- mining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards estab- lished under section 1313 of this title. (3) Definitions For purposes of this subsection— (A) Coal remining operation 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. (B) Remined area The term ‘‘remined area’’ means only that area of any coal remining operation on which coal mining was conducted before Au- gust 3, 1977. (C) Pre-existing discharge The term ‘‘pre-existing discharge’’ means any discharge at the time of permit applica- tion under this subsection. (4) Applicability of strip mining laws 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. (June 30, 1948, ch. 758, title III, § 301, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95–217, §§ 42–47, 53(c), Dec. 27, 1977, 91 Stat. 1582–1586, 1590; Pub. L. 97–117, §§ 21, 22(a)–(d), Dec. 29, 1981, 95 Stat. 1631, 1632; Pub. L. 97–440, Jan. 8, 1983, 96 Stat. 2289; Pub. L. 100–4, title III, §§ 301(a)–(e), 302(a)–(d), 303(a), (b)(1), (c)–(f), 304(a), 305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat. 29–37; Pub. L. 100–688, title III, § 3202(b), Nov. 18, 1988, 102 Stat. 4154; Pub. L. 103–431, § 2, Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104–66, title II, § 2021(b), Dec. 21, 1995, 109 Stat. 727.) Editorial Notes REFERENCES IN TEXT 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, 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. AMENDMENTS 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 In- frastructure’’ 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 limita- tions 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 estab- lished’’. 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 Page 460 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 ‘‘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 concur- rence 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 iden- tified 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, re- designated subpars. (A) to (C) of former par. (1) as sub- pars. (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), redesig- nated 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 pro- visions placing limitations on issuance of permits for discharge of pollutant into marine waters and saline es- tuarine 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 modi- fied requirements will not interfere, alone or in com- bination 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 pe- riod at end of par. (8), and added par. (9). Subsec. (i)(1). Pub. L. 100–4, § 304(a), substituted ‘‘Feb- ruary 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 treat- ment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capac- ity of an ocean outfall operated by another publicly owned treatment works which has applied for or re- ceived 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 sat- isfaction 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 efflu- ent 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 pollut- ant from any treatment works owned by such munici- pality 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 in- tent 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 sub- par. (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), sub- stituted ‘‘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). Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–4, title III, § 302(e), Feb. 4, 1987, 101 Stat. 32, provided that: ‘‘(1) GENERAL RULE.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to all requests for modifica- tions under section 301(g) of the Federal Water Pollu- tion Control Act [33 U.S.C. 1311(g)] pending on the date of the enactment of this Act [Feb. 4, 1987] and shall not have the effect of extending the deadline established in section 301(j)(1)(B) of such Act. ‘‘(2) EXCEPTION.—The amendments made by this sec- tion shall not affect any application for a modification with respect to the discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such appli- cation not later than 365 days after the date of such en- actment.’’ Pub. L. 100–4, title III, § 303(b)(2), Feb. 4, 1987, 101 Stat. 33, provided that: ‘‘The amendment made by subsection Page 461 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1312 (b) [amending this section] shall only apply to modi- fications and renewals of modifications which are ten- tatively or finally approved after the date of the enact- ment of this Act [Feb. 4, 1987].’’ Pub. L. 100–4, title III, § 303(g), Feb. 4, 1987, 101 Stat. 34, provided that: ‘‘The amendments made by sub- sections (a), (c), (d), and (e) of this section [amending this section] shall not apply to an application for a per- mit under section 301(h) of the Federal Water Pollution Control Act [33 U.S.C. 1311(h)] which has been ten- tatively or finally approved by the Administrator be- fore the date of the enactment of this Act [Feb. 4, 1987]; except that such amendments shall apply to all renew- als of such permits after such date of enactment.’’ Pub. L. 100–4, title III, § 304(b), Feb. 4, 1987, 101 Stat. 34, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply to those treatment works which are subject to a compliance schedule established before the date of the enactment of this Act [Feb. 4, 1987] by a court order or a final ad- ministrative order.’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–117, § 22(e), Dec. 29, 1981, 95 Stat. 1632, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 29, 1981], except that no ap- plicant, other than the city of Avalon, California, who applies after the date of enactment of this Act for a permit pursuant to subsection (h) of section 301 of the Federal Water Pollution Control Act [33 U.S.C. 1311(h)] which modifies the requirements of subsection (b)(1)(B) of section 301 of such Act [33 U.S.C. 1311(b)(1)(B)] shall receive such permit during the one-year period which begins on the date of enactment of this Act.’’ REGULATIONS Pub. L. 100–4, title III, § 301(f), Feb. 4, 1987, 101 Stat. 30, provided that: ‘‘The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 301(b)(2)(A) and 307(b)(1) of the Federal Water Pollution Control Act [33 U.S.C. 1311(b)(2)(A), 1317(b)(1)] for all toxic pollutants referred to in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives which are discharged from the categories of point sources in accordance with the following table: ‘‘Category Date by which the final regulation shall be promulgated Organic chemicals and plastics and synthetic fibers .................. December 31, 1986. Pesticides .................................... December 31, 1986.’’ PHOSPHATE FERTILIZER EFFLUENT LIMITATION Amendment by section 306(a), (b) of Pub. L. 100–4 not to be construed (A) to require the Administrator to per- mit 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 condi- tion 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. DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER POLLUTION CONTROL REQUIREMENTS; CONDITIONS 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: ‘‘Any discharge from a point source in the United States Virgin Islands in existence on the date of the enactment of this subsection [Aug. 5, 1983] which discharge is attributable to the manufacture of rum (as defined in paragraphs (3) of section 7652(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject to the require- ments of section 301 (other than toxic pollutant dis- charges), section 306 or section 403 of the Federal Water Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if— ‘‘(1) such discharge occurs at least one thousand five hundred feet into the territorial sea from the line of ordinary low water from that portion of the coast which is in direct contact with the sea, and ‘‘(2) the Governor of the United States Virgin Is- lands determines that such discharge will not inter- fere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the en- vironment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities.’’ CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION Pub. L. 97–117, § 21(a), Dec. 29, 1981, 95 Stat. 1631, pro- vided in part that: ‘‘The amendment made by this sub- section [amending this section] shall not be interpreted or applied to extend the date for compliance with sec- tion 301(b)(1)(B) or (C) of the Federal Water Pollution Control Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond sched- ules for compliance in effect as of the date of enact- ment of this Act [Dec. 29, 1981], except in cases where reductions in the amount of financial assistance under this Act [Pub. L. 97–117, see Short Title of 1981 Amend- ment note set out under section 1251 of this title] or changed conditions affecting the rate of construction beyond the control of the owner or operator will make it impossible to complete construction by July 1, 1983.’’ Executive Documents TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES 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. § 1312. Water quality related effluent limitations (a) Establishment Whenever, in the judgment of the Adminis- trator or as identified under section 1314(l) of this title, discharges of pollutants from a point source or group of point sources, with the appli- cation of effluent limitations required under section 1311(b)(2) of this title, would interfere with the attainment or maintenance of that water quality in a specific portion of the navi- gable waters which shall assure protection of public health, public water supplies, agricul- tural and industrial uses, and the protection and propagation of a balanced population of shell- fish, fish and wildlife, and allow recreational ac- tivities in and on the water, effluent limitations (including alternative effluent control strate- gies) for such point source or sources shall be es- tablished which can reasonably be expected to contribute to the attainment or maintenance of such water quality. (b) Modifications of effluent limitations (1) Notice and hearing Prior to establishment of any effluent limi- tation pursuant to subsection (a) of this sec-