33 U.S.C. § 1361 — Administration

Page 581 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1361 (2) other information concerning pathogens and pathogen indicators in coastal recreation waters that— (A) is made available to the Administrator by a State or local government, from a coastal water quality monitoring program of the State or local government; and (B) the Administrator determines should be included. (f) Technical assistance for monitoring floatable material The Administrator shall provide technical as- sistance to States and local governments for the development of assessment and monitoring pro- cedures for floatable material to protect public health and safety in coastal recreation waters. (g) List of waters (1) In general Beginning not later than 18 months after the date of publication of performance criteria under subsection (a), based on information made available to the Administrator, the Ad- ministrator shall identify, and maintain a list of, discrete coastal recreation waters adjacent to beaches or similar points of access that are used by the public that— (A) specifies any waters described in this paragraph that are subject to a monitoring and notification program consistent with the performance criteria established under subsection (a); and (B) specifies any waters described in this paragraph for which there is no monitoring and notification program (including waters for which fiscal constraints will prevent the State or the Administrator from performing monitoring and notification consistent with the performance criteria established under subsection (a)). (2) Availability The Administrator shall make the list de- scribed in paragraph (1) available to the public through— (A) publication in the Federal Register; and (B) electronic media. (3) Updates The Administrator shall update the list de- scribed in paragraph (1) periodically as new in- formation becomes available. (h) EPA implementation In the case of a State that has no program for monitoring and notification that is consistent with the performance criteria published under subsection (a) after the last day of the 3-year pe- riod beginning on the date on which the Admin- istrator lists waters in the State under sub- section (g)(1)(B), the Administrator shall con- duct a monitoring and notification program for the listed waters based on a priority ranking es- tablished by the Administrator using funds ap- propriated for grants under subsection (i)— (1) to conduct monitoring and notification; and (2) for related salaries, expenses, and travel. (i) Authorization of appropriations There is authorized to be appropriated for making grants under subsection (b), including implementation of monitoring and notification programs by the Administrator under subsection (h), $30,000,000 for each of fiscal years 2001 through 2005. (June 30, 1948, ch. 758, title IV, § 406, as added Pub. L. 106–284, § 4, Oct. 10, 2000, 114 Stat. 872.) SUBCHAPTER V—GENERAL PROVISIONS § 1361. Administration (a) Authority of Administrator to prescribe regu- lations The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. (b) Utilization of other agency officers and em- ployees The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this chapter. (c) Recordkeeping Each recipient of financial assistance under this chapter shall keep such records as the Ad- ministrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assist- ance, the total cost of the project or under- taking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking sup- plied by other sources, and such other records as will facilitate effective audit. (d) Audit The Administrator and the Comptroller Gen- eral of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the re- cipients that are pertinent to the grants re- ceived under this chapter. For the purpose of carrying out audits and examinations with re- spect to recipients of Federal assistance under this chapter, the Administrator is authorized to enter into noncompetitive procurement con- tracts with independent State audit organiza- tions, consistent with chapter 75 of title 31. Such contracts may only be entered into to the extent and in such amounts as may be provided in ad- vance in appropriation Acts. (e) Awards for outstanding technological achievement or innovative processes, meth- ods, or devices in waste treatment and pollu- tion abatement programs (1) It is the purpose of this subsection to au- thorize a program which will provide official recognition by the United States Government to those industrial organizations and political sub- divisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs. The Administrator shall, in consultation with the appropriate State water pollution control agencies, establish regu- lations under which such recognition may be ap- Page 582 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1361 plied for and granted, except that no applicant shall be eligible for an award under this sub- section if such applicant is not in total compli- ance with all applicable water quality require- ments under this chapter, or otherwise does not have a satisfactory record with respect to envi- ronmental quality. (2) The Administrator shall award a certificate or plaque of suitable design to each industrial organization or political subdivision which qualifies for such recognition under regulations established under this subsection. (3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the Presi- dent pro tempore of the Senate shall be notified of the award by the Administrator and the awarding of such recognition shall be published in the Federal Register. (f) Detail of Environmental Protection Agency personnel to State water pollution control agencies Upon the request of a State water pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provi- sions of this chapter. (June 30, 1948, ch. 758, title V, § 501, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 885; amended Pub. L. 100–4, title V, § 501, Feb. 4, 1987, 101 Stat. 75.) Editorial Notes AMENDMENTS 1987—Subsec. (d). Pub. L. 100–4 inserted provision at end authorizing Administrator to enter into non- competitive procurement contracts with independent State audit organizations, consistent with chapter 75 of title 31, but only to extent and in such amounts as pro- vided in advance in appropriations Acts. Statutory Notes and Related Subsidiaries APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE Pub. L. 113–121, title I, § 1049, June 10, 2014, 128 Stat. 1257, as amended by Pub. L. 114–322, title IV, § 5011, Dec. 16, 2016, 130 Stat. 1902, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(2) FARM.—The term ‘farm’ has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). ‘‘(3) GALLON.—The term ‘gallon’ means a United States gallon. ‘‘(4) OIL.—The term ‘oil’ has the meaning given the term in section 112.2 of title 40, Code of Federal Regu- lations (or successor regulations). ‘‘(5) OIL DISCHARGE.—The term ‘oil discharge’ has the meaning given the term ‘discharge’ in section 112.2 of title 40, Code of Federal Regulations (or suc- cessor regulations). ‘‘(6) REPORTABLE OIL DISCHARGE HISTORY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the term ‘reportable oil discharge history’ means a single oil discharge, as described in section 112.1(b) of title 40, Code of Federal Regulations (including successor regulations), that exceeds 1,000 gallons or 2 oil discharges, as described in section 112.1(b) of title 40, Code of Federal Regulations (including suc- cessor regulations), that each exceed 42 gallons within any 12-month period— ‘‘(i) in the 3 years prior to the certification date of the Spill Prevention, Control, and Counter- measure plan (as described in section 112.3 of title 40, Code of Federal Regulations (including suc- cessor regulations); or ‘‘(ii) since becoming subject to part 112 of title 40, Code of Federal Regulations, if the facility has been in operation for less than 3 years. ‘‘(B) EXCLUSIONS.—The term ‘reportable oil dis- charge history’ does not include an oil discharge, as described in section 112.1(b) of title 40, Code of Fed- eral Regulations (including successor regulations), that is the result of a natural disaster, an act of war, or terrorism. ‘‘(7) SPILL PREVENTION, CONTROL, AND COUNTER- MEASURE RULE.—The term ‘Spill Prevention, Control, and Countermeasure rule’ means the regulation, in- cluding amendments, promulgated by the Adminis- trator under part 112 of title 40, Code of Federal Reg- ulations (or successor regulations). ‘‘(b) CERTIFICATION.—In implementing the Spill Pre- vention, Control, and Countermeasure rule with respect to any farm, the Administrator shall— ‘‘(1) require certification by a professional engineer for a farm with— ‘‘(A) an individual tank with an aboveground storage capacity greater than 10,000 gallons; ‘‘(B) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or ‘‘(C) a reportable oil discharge history; or ‘‘(2) allow certification by the owner or operator of the farm (via self-certification) for a farm with— ‘‘(A) an aggregate aboveground storage capacity less than 20,000 gallons and greater than the lesser of— ‘‘(i) 6,000 gallons; and ‘‘(ii) the adjustment quantity established under subsection (d)(2); and ‘‘(B) no reportable oil discharge history; and ‘‘(3) not require compliance with the rule by any farm— ‘‘(A) with an aggregate aboveground storage ca- pacity greater than 2,500 gallons and less than the lesser of— ‘‘(i) 6,000 gallons; and ‘‘(ii) the adjustment quantity established under subsection (d)(2); and ‘‘(B) no reportable oil discharge history; and ‘‘(4) not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons. ‘‘(c) REGULATION OF ABOVEGROUND STORAGE AT FARMS.— ‘‘(1) CALCULATION OF AGGREGATE ABOVEGROUND STORAGE CAPACITY.—For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes— ‘‘(A) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and ‘‘(B) all containers holding animal feed ingredi- ents approved for use in livestock feed by the Com- missioner of Food and Drugs. ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of title 40, Code of Federal Regulations (or successor regula- tions), shall not apply to the following containers lo- cated at a farm: ‘‘(A) Containers on a separate parcel that have— ‘‘(i) an individual capacity of not greater than 1,000 gallons; and ‘‘(ii) an aggregate capacity of not greater than 2,500 gallons. ‘‘(B) A container holding animal feed ingredients approved for use in livestock feed by the Food and Drug Administration. ‘‘(d) STUDY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [June 10, 2014], the Ad- ministrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under paragraphs (2) and (3) of Page 583 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1362 subsection (b), which shall be not more than 6,000 gal- lons and not less than 2,500 gallons, based on a signifi- cant risk of discharge to water. ‘‘(2) ADJUSTMENT.—Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in para- graphs (2) and (3) of subsection (b) in accordance with the study.’’ ENVIRONMENTAL COURT FEASIBILITY STUDY Pub. L. 92–500, § 9, Oct. 18, 1972, 86 Stat. 899, authorized the President, acting through the Attorney General, to study the feasibility of establishing a separate court or court system with jurisdiction over environmental matters and required him to report the results of his study, together with his recommendations, to Congress not later than one year after Oct. 18, 1972. TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS Pub. L. 89–234, § 2(b)–(k), Oct. 2, 1965, 79 Stat. 904, 905, authorized the transfer of certain commissioned offi- cers of the Public Health Service to classified positions in the Federal Water Pollution Control Administra- tion, now the Environmental Protection Agency, where such transfer was requested within six months after the establishment of the Administration and made certain administrative provisions relating to pension and re- tirement rights of the transferees, sick leave benefits, group life insurance, and certain other miscellaneous provisions. § 1362. Definitions Except as otherwise specifically provided, when used in this chapter: (1) The term ‘‘State water pollution control agency’’ means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollu- tion. (2) The term ‘‘interstate agency’’ means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or du- ties pertaining to the control of pollution as de- termined and approved by the Administrator. (3) The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (4) The term ‘‘municipality’’ means a city, town, borough, county, parish, district, associa- tion, or other public body created by or pursu- ant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized In- dian tribal organization, or a designated and ap- proved management agency under section 1288 of this title. (5) The term ‘‘person’’ means an individual, corporation, partnership, association, State, municipality, commission, or political subdivi- sion of a State, or any interstate body. (6) The term ‘‘pollutant’’ means dredged spoil, solid waste, incinerator residue, sewage, gar- bage, sewage sludge, munitions, chemical wastes, biological materials, radioactive mate- rials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) ‘‘sewage from ves- sels or a discharge incidental to the normal op- eration of a vessel of the Armed Forces’’ within the meaning of section 1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for dis- posal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources. (7) The term ‘‘navigable waters’’ means the waters of the United States, including the terri- torial seas. (8) The term ‘‘territorial seas’’ means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. (9) The term ‘‘contiguous zone’’ means the en- tire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone. (10) The term ‘‘ocean’’ means any portion of the high seas beyond the contiguous zone. (11) The term ‘‘effluent limitation’’ means any restriction established by a State or the Admin- istrator on quantities, rates, and concentrations of chemical, physical, biological, and other con- stituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including sched- ules of compliance. (12) The term ‘‘discharge of a pollutant’’ and the term ‘‘discharge of pollutants’’ each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. (13) The term ‘‘toxic pollutant’’ means those pollutants, or combinations of pollutants, in- cluding disease-causing agents, which after dis- charge and upon exposure, ingestion, inhalation or assimilation into any organism, either di- rectly from the environment or indirectly by in- gestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological mal- functions (including malfunctions in reproduc- tion) or physical deformations, in such orga- nisms or their offspring. (14) The term ‘‘point source’’ means any dis- cernible, confined and discrete conveyance, in- cluding but not limited to any pipe, ditch, chan- nel, tunnel, conduit, well, discrete fissure, con- tainer, rolling stock, concentrated animal feed- ing operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from ir- rigated agriculture. (15) The term ‘‘biological monitoring’’ shall mean the determination of the effects on aquat- ic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge