33 U.S.C. § 1313 — Water quality standards and implementa-

Page 462 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313 tion, the Administrator shall publish such pro- posed limitation and within 90 days of such publication hold a public hearing. (2) Permits (A) No reasonable relationship The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants if the applicant demonstrates at such hearing that (whether or not technology or other alternative con- trol strategies are available) there is no rea- sonable relationship between the economic and social costs and the benefits to be ob- tained (including attainment of the objec- tive of this chapter) from achieving such limitation. (B) Reasonable progress The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for toxic pol- lutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the eco- nomic capability of the owner and operator of the source, and (ii) will result in reason- able further progress beyond the require- ments of section 1311(b)(2) of this title to- ward the requirements of subsection (a) of this section. (c) Delay in application of other limitations The establishment of effluent limitations under this section shall not operate to delay the application of any effluent limitation estab- lished under section 1311 of this title. (June 30, 1948, ch. 758, title III, § 302, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100–4, title III, § 308(e), Feb. 4, 1987, 101 Stat. 39.) Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–4, § 308(e)(2), inserted ‘‘or as identified under section 1314(l) of this title’’ after ‘‘Administrator’’ and ‘‘public health,’’ after ‘‘protec- tion of’’. Subsec. (b). Pub. L. 100–4, § 308(e)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the Adminis- trator shall issue notice of intent to establish such lim- itation and within ninety days of such notice hold a public hearing to determine the relationship of the eco- nomic and social costs of achieving any such limitation or limitations, including any economic or social dis- location in the affected community or communities, to the social and economic benefits to be obtained (includ- ing the attainment of the objective of this chapter) and to determine whether or not such effluent limitations can be implemented with available technology or other alternative control strategies. ‘‘(2) If a person affected by such limitation dem- onstrates at such hearing that (whether or not such technology or other alternative control strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be ob- tained (including attainment of the objective of this chapter), such limitation shall not become effective and the Administrator shall adjust such limitation as it applies to such person.’’ § 1313. Water quality standards and implementa- tion plans (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 pursu- ant 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 Oc- tober 18, 1972. If the Administrator makes such a determination he shall, within three months after October 18, 1972, notify the State and speci- fy the changes needed to meet such require- ments. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promul- gate 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 wa- ters shall submit such standards to the Adminis- trator 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 deter- mines that such standard is inconsistent with the applicable requirements of this Act as in ef- fect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall not later than the one hundred and twen- tieth 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 with- in ninety days after such notification, the Ad- ministrator shall promulgate such changes in accordance with subsection (b) of this section. (3)(A) Any State which prior to October 18, 1972, has not adopted pursuant to its own laws water quality standards applicable to intrastate waters shall, not later than one hundred and eighty days after October 18, 1972, adopt and sub- mit such standards to the Administrator. (B) If the Administrator determines that any such standards are consistent with the applica- ble requirements of this Act as in effect imme- diately prior to October 18, 1972, he shall approve such standards. (C) If the Administrator determines that any such standards are not consistent with the ap- plicable requirements of this Act as in effect im- mediately prior to October 18, 1972, he shall, not later than the ninetieth day after the date of submission of such standards, notify the State and specify the changes to meet such require- ments. If such changes are not adopted by the State within ninety days after the date of notifi- cation, the Administrator shall promulgate such standards pursuant to subsection (b) of this sec- tion. Page 463 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313 (b) Proposed regulations (1) The Administrator shall promptly prepare and publish proposed regulations setting forth water quality standards for a State in accord- ance with the applicable requirements of this Act as in effect immediately prior to October 18, 1972, if— (A) the State fails to submit water quality standards within the times prescribed in sub- section (a) of this section. (B) a water quality standard submitted by such State under subsection (a) of this section is determined by the Administrator not to be consistent with the applicable requirements of subsection (a) of this section. (2) The Administrator shall promulgate any water quality standard published in a proposed regulation not later than one hundred and nine- ty days after the date he publishes any such pro- posed standard, unless prior to such promulga- tion, such State has adopted a water quality standard which the Administrator determines to be in accordance with subsection (a) of this sec- tion. (c) Review; revised standards; publication (1) The Governor of a State or the State water pollution control agency of such State shall from time to time (but at least once each three year period beginning with October 18, 1972) hold public hearings for the purpose of reviewing ap- plicable water quality standards and, as appro- priate, modifying and adopting standards. Re- sults of such review shall be made available to the Administrator. (2)(A) Whenever the State revises or adopts a new standard, such revised or new standard shall be submitted to the Administrator. Such revised or new water quality standard shall consist of the designated uses of the navigable waters in- volved and the water quality criteria for such waters based upon such uses. Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this chapter. Such standards shall be established taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation. (B) Whenever a State reviews water quality standards pursuant to paragraph (1) of this sub- section, or revises or adopts new standards pur- suant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant to section 1317(a)(1) of this title for which cri- teria have been published under section 1314(a) of this title, the discharge or presence of which in the affected waters could reasonably be ex- pected to interfere with those designated uses adopted by the State, as necessary to support such designated uses. Such criteria shall be spe- cific numerical criteria for such toxic pollut- ants. Where such numerical criteria are not available, whenever a State reviews water qual- ity standards pursuant to paragraph (1), or re- vises or adopts new standards pursuant to this paragraph, such State shall adopt criteria based on biological monitoring or assessment methods consistent with information published pursuant to section 1314(a)(8) of this title. Nothing in this section shall be construed to limit or delay the use of effluent limitations or other permit con- ditions based on or involving biological moni- toring or assessment methods or previously adopted numerical criteria. (3) If the Administrator, within sixty days after the date of submission of the revised or new standard, determines that such standard meets the requirements of this chapter, such standard shall thereafter be the water quality standard for the applicable waters of that State. If the Administrator determines that any such revised or new standard is not consistent with the applicable requirements of this chapter, he shall not later than the ninetieth day after the date of submission of such standard notify the State and specify the changes to meet such re- quirements. If such changes are not adopted by the State within ninety days after the date of notification, the Administrator shall promul- gate such standard pursuant to paragraph (4) of this subsection. (4) The Administrator shall promptly prepare and publish proposed regulations setting forth a revised or new water quality standard for the navigable waters involved— (A) if a revised or new water quality stand- ard submitted by such State under paragraph (3) of this subsection for such waters is deter- mined by the Administrator not to be con- sistent with the applicable requirements of this chapter, or (B) in any case where the Administrator de- termines that a revised or new standard is nec- essary to meet the requirements of this chap- ter. The Administrator shall promulgate any revised or new standard under this paragraph not later than ninety days after he publishes such pro- posed standards, unless prior to such promulga- tion, such State has adopted a revised or new water quality standard which the Administrator determines to be in accordance with this chap- ter. (d) Identification of areas with insufficient con- trols; maximum daily load; certain effluent limitations revision (1)(A) Each State shall identify those waters within its boundaries for which the effluent lim- itations required by section 1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not strin- gent enough to implement any water quality standard applicable to such waters. The State shall establish a priority ranking for such wa- ters, taking into account the severity of the pol- lution and the uses to be made of such waters. (B) Each State shall identify those waters or parts thereof within its boundaries for which controls on thermal discharges under section 1311 of this title are not stringent enough to as- sure protection and propagation of a balanced indigenous population of shellfish, fish, and wildlife. (C) Each State shall establish for the waters identified in paragraph (1)(A) of this subsection, and in accordance with the priority ranking, the total maximum daily load, for those pollutants which the Administrator identifies under sec- tion 1314(a)(2) of this title as suitable for such Page 464 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313 calculation. Such load shall be established at a level necessary to implement the applicable water quality standards with seasonal vari- ations and a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality. (D) Each State shall estimate for the waters identified in paragraph (1)(B) of this subsection the total maximum daily thermal load required to assure protection and propagation of a bal- anced, indigenous population of shellfish, fish, and wildlife. Such estimates shall take into ac- count the normal water temperatures, flow rates, seasonal variations, existing sources of heat input, and the dissipative capacity of the identified waters or parts thereof. Such esti- mates shall include a calculation of the max- imum heat input that can be made into each such part and shall include a margin of safety which takes into account any lack of knowledge concerning the development of thermal water quality criteria for such protection and propaga- tion in the identified waters or parts thereof. (2) Each State shall submit to the Adminis- trator from time to time, with the first such submission not later than one hundred and eighty days after the date of publication of the first identification of pollutants under section 1314(a)(2)(D) of this title, for his approval the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator shall ei- ther approve or disapprove such identification and load not later than thirty days after the date of submission. If the Administrator ap- proves such identification and load, such State shall incorporate them into its current plan under subsection (e) of this section. If the Ad- ministrator disapproves such identification and load, he shall not later than thirty days after the date of such disapproval identify such wa- ters in such State and establish such loads for such waters as he determines necessary to im- plement the water quality standards applicable to such waters and upon such identification and establishment the State shall incorporate them into its current plan under subsection (e) of this section. (3) For the specific purpose of developing in- formation, each State shall identify all waters within its boundaries which it has not identified under paragraph (1)(A) and (1)(B) of this sub- section and estimate for such waters the total maximum daily load with seasonal variations and margins of safety, for those pollutants which the Administrator identifies under sec- tion 1314(a)(2) of this title as suitable for such calculation and for thermal discharges, at a level that would assure protection and propaga- tion of a balanced indigenous population of fish, shellfish, and wildlife. (4) LIMITATIONS ON REVISION OF CERTAIN EFFLU- ENT LIMITATIONS.— (A) STANDARD NOT ATTAINED.—For waters identified under paragraph (1)(A) where the ap- plicable water quality standard has not yet been attained, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative ef- fect of all such revised effluent limitations based on such total maximum daily load or waste load allocation will assure the attain- ment of such water quality standard, or (ii) the designated use which is not being attained is removed in accordance with regulations es- tablished under this section. (B) STANDARD ATTAINED.—For waters identi- fied under paragraph (1)(A) where the quality of such waters equals or exceeds levels nec- essary to protect the designated use for such waters or otherwise required by applicable water quality standards, any effluent limita- tion based on a total maximum daily load or other waste load allocation established under this section, or any water quality standard es- tablished under this section, or any other per- mitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section. (e) Continuing planning process (1) Each State shall have a continuing plan- ning process approved under paragraph (2) of this subsection which is consistent with this chapter. (2) Each State shall submit not later than 120 days after October 18, 1972, to the Administrator for his approval a proposed continuing planning process which is consistent with this chapter. Not later than thirty days after the date of sub- mission of such a process the Administrator shall either approve or disapprove such process. The Administrator shall from time to time re- view each State’s approved planning process for the purpose of insuring that such planning proc- ess is at all times consistent with this chapter. The Administrator shall not approve any State permit program under subchapter IV of this chapter for any State which does not have an approved continuing planning process under this section. (3) The Administrator shall approve any con- tinuing planning process submitted to him under this section which will result in plans for all navigable waters within such State, which include, but are not limited to, the following: (A) effluent limitations and schedules of compliance at least as stringent as those re- quired by section 1311(b)(1), section 1311(b)(2), section 1316, and section 1317 of this title, and at least as stringent as any requirements con- tained in any applicable water quality stand- ard in effect under authority of this section; (B) the incorporation of all elements of any applicable area-wide waste management plans under section 1288 of this title, and applicable basin plans under section 1289 of this title; (C) total maximum daily load for pollutants in accordance with subsection (d) of this sec- tion; (D) procedures for revision; (E) adequate authority for intergovern- mental cooperation; (F) adequate implementation, including schedules of compliance, for revised or new water quality standards, under subsection (c) of this section; (G) controls over the disposition of all resid- ual waste from any water treatment proc- essing; Page 465 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1314 (H) an inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet the applica- ble requirements of sections 1311 and 1312 of this title. (f) Earlier compliance Nothing in this section shall be construed to affect any effluent limitation, or schedule of compliance required by any State to be imple- mented prior to the dates set forth in sections 1311(b)(1) and 1311(b)(2) of this title nor to pre- clude any State from requiring compliance with any effluent limitation or schedule of compli- ance at dates earlier than such dates. (g) Heat standards Water quality standards relating to heat shall be consistent with the requirements of section 1326 of this title. (h) Thermal water quality standards For the purposes of this chapter the term ‘‘water quality standards’’ includes thermal water quality standards. (i) Coastal recreation water quality criteria (1) Adoption by States (A) Initial criteria and standards Not later than 42 months after October 10, 2000, each State having coastal recreation waters shall adopt and submit to the Admin- istrator water quality criteria and standards for the coastal recreation waters of the State for those pathogens and pathogen indi- cators for which the Administrator has pub- lished criteria under section 1314(a) of this title. (B) New or revised criteria and standards Not later than 36 months after the date of publication by the Administrator of new or revised water quality criteria under section 1314(a)(9) of this title, each State having coastal recreation waters shall adopt and submit to the Administrator new or revised water quality standards for the coastal recreation waters of the State for all patho- gens and pathogen indicators to which the new or revised water quality criteria are ap- plicable. (2) Failure of States to adopt (A) In general If a State fails to adopt water quality cri- teria and standards in accordance with para- graph (1)(A) that are as protective of human health as the criteria for pathogens and pathogen indicators for coastal recreation waters published by the Administrator, the Administrator shall promptly propose regu- lations for the State setting forth revised or new water quality standards for pathogens and pathogen indicators described in para- graph (1)(A) for coastal recreation waters of the State. (B) Exception If the Administrator proposes regulations for a State described in subparagraph (A) under subsection (c)(4)(B), the Administrator shall publish any revised or new standard under this subsection not later than 42 months after October 10, 2000. (3) Applicability Except as expressly provided by this sub- section, the requirements and procedures of subsection (c) apply to this subsection, includ- ing the requirement in subsection (c)(2)(A) that the criteria protect public health and welfare. (June 30, 1948, ch. 758, title III, § 303, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100–4, title III, § 308(d), title IV, § 404(b), Feb. 4, 1987, 101 Stat. 39, 68; Pub. L. 106–284, § 2, Oct. 10, 2000, 114 Stat. 870.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and (b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816, enacted this chapter. AMENDMENTS 2000—Subsec. (i). Pub. L. 106–284 added subsec. (i). 1987—Subsec. (c)(2). Pub. L. 100–4, § 308(d), designated existing provision as subpar. (A) and added subpar. (B). Subsec. (d)(4). Pub. L. 100–4, § 404(b), added par. (4). § 1313a. Revised water quality standards The review, revision, and adoption or promul- gation of revised or new water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be completed by the date three years after Decem- ber 29, 1981. No grant shall be made under title II of the Federal Water Pollution Control Act [33 U.S.C. 1281 et seq.] after such date until water quality standards are reviewed and revised pur- suant to section 303(c), except where the State has in good faith submitted such revised water quality standards and the Administrator has not acted to approve or disapprove such submission within one hundred and twenty days of receipt. (Pub. L. 97–117, § 24, Dec. 29, 1981, 95 Stat. 1632.) Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended gen- erally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is classified generally to subchapter II (§ 1281 et seq.) of this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. CODIFICATION Section was enacted as part of the Municipal Waste- water Treatment Construction Grant Amendments of 1981, and not as part of the Federal Water Pollution Control Act which comprises this chapter. § 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 pub- lish, within one year after October 18, 1972 (and