Browse Arkansas Code titles and sections
33 U.S.C. § 1314 — Information and guidelines
Federal law — U.S. Code and appendices · legal_authorities
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 a
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1314
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 4b467161683532367c19e0e25a57788e9f649aa42a9bbd19c08ede2509bd317d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-fcde4bd0993cee0c5995851f
Source file: Laws/federal/codes/united-states-code-2024/title-33/section-1314-information-and-guidelines--d0551a9801.md
Pages: Not recorded – Not recorded
Passage SHA-256: f493a411c4a1b9b570a4f101207d943d6ef8eabfb0afc90ed2c1f7e788df4328
Source location: USCODE-2024-title33-chap26-subchapIII-sec1314.pdf
Stored source content
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
Page 466
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1314
from time to time thereafter revise) criteria for
water quality accurately reflecting the latest
scientific knowledge (A) on the kind and extent
of all identifiable effects on health and welfare
including, but not limited to, plankton, fish,
shellfish, wildlife, plant life, shorelines, beaches,
esthetics, and recreation which may be expected
from the presence of pollutants in any body of
water, including ground water; (B) on the con-
centration and dispersal of pollutants, or their
byproducts, through biological, physical, and
chemical processes; and (C) on the effects of pol-
lutants on biological community diversity, pro-
ductivity, and stability, including information
on the factors affecting rates of eutrophication
and rates of organic and inorganic sedimenta-
tion for varying types of receiving waters.
(2) 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
from time to time thereafter revise) information
(A) on the factors necessary to restore and
maintain the chemical, physical, and biological
integrity of all navigable waters, ground waters,
waters of the contiguous zone, and the oceans;
(B) on the factors necessary for the protection
and propagation of shellfish, fish, and wildlife
for classes and categories of receiving waters
and to allow recreational activities in and on
the water; and (C) on the measurement and clas-
sification of water quality; and (D) for the pur-
pose of section 1313 of this title, on and the iden-
tification of pollutants suitable for maximum
daily load measurement correlated with the
achievement of water quality objectives.
(3) Such criteria and information and revisions
thereof shall be issued to the States and shall be
published in the Federal Register and otherwise
made available to the public.
(4) The Administrator shall, within 90 days
after December 27, 1977, and from time to time
thereafter, publish and revise as appropriate in-
formation identifying conventional pollutants,
including but not limited to, pollutants classi-
fied as biological oxygen demanding, suspended
solids, fecal coliform, and pH. The thermal com-
ponent of any discharge shall not be identified
as a conventional pollutant under this para-
graph.
(5)(A) The Administrator, to the extent prac-
ticable before consideration of any request
under section 1311(g) of this title and within six
months after December 27, 1977, shall develop
and publish information on the factors nec-
essary for the protection of public water sup-
plies, and the protection and propagation of a
balanced population of shellfish, fish and wild-
life, and to allow recreational activities, in and
on the water.
(B) The Administrator, to the extent prac-
ticable before consideration of any application
under section 1311(h) of this title and within six
months after December 27, 1977, shall develop
and publish information on the factors nec-
essary for the protection of public water sup-
plies, and the protection and propagation of a
balanced indigenous population of shellfish, fish
and wildlife, and to allow recreational activi-
ties, in and on the water.
(6) The Administrator shall, within three
months after December 27, 1977, and annually
thereafter, for purposes of section 1311(h) of this
title publish and revise as appropriate informa-
tion identifying each water quality standard in
effect under this chapter or State law, the spe-
cific pollutants associated with such water qual-
ity standard, and the particular waters to which
such water quality standard applies.
(7) GUIDANCE TO STATES.—The Administrator,
after consultation with appropriate State agen-
cies and on the basis of criteria and information
published under paragraphs (1) and (2) of this
subsection, shall develop and publish, within 9
months after February 4, 1987, guidance to the
States on performing the identification required
by subsection (l)(1) of this section.
(8) INFORMATION ON WATER QUALITY CRITERIA.—
The Administrator, after consultation with ap-
propriate State agencies and within 2 years
after February 4, 1987, shall develop and publish
information on methods for establishing and
measuring water quality criteria for toxic pol-
lutants on other bases than pollutant-by-pollut-
ant criteria, including biological monitoring and
assessment methods.
(9) REVISED CRITERIA FOR COASTAL RECREATION
WATERS.—
(A) IN GENERAL.—Not later than 5 years after
October 10, 2000, after consultation and in co-
operation with appropriate Federal, State,
tribal, and local officials (including local
health officials), the Administrator shall pub-
lish new or revised water quality criteria for
pathogens and pathogen indicators (including
a revised list of testing methods, as appro-
priate), based on the results of the studies con-
ducted under section 1254(v) of this title, for
the purpose of protecting human health in
coastal recreation waters.
(B) REVIEWS.—Not later than the date that
is 5 years after the date of publication of
water quality criteria under this paragraph,
and at least once every 5 years thereafter, the
Administrator shall review and, as necessary,
revise the water quality criteria.
(b) Effluent limitation guidelines
For the purpose of adopting or revising efflu-
ent limitations under this chapter the Adminis-
trator shall, after consultation with appropriate
Federal and State agencies and other interested
persons, publish within one year of October 18,
1972, regulations, providing guidelines for efflu-
ent limitations, and, at least annually there-
after, revise, if appropriate, such regulations.
Such regulations shall—
(1)(A) identify, in terms of amounts of con-
stituents and chemical, physical, and biologi-
cal characteristics of pollutants, the degree of
effluent reduction attainable through the ap-
plication of the best practicable control tech-
nology currently available for classes and cat-
egories of point sources (other than publicly
owned treatment works); and
(B) specify factors to be taken into account
in determining the control measures and prac-
tices to be applicable to point sources (other
than publicly owned treatment works) within
such categories or classes. Factors relating to
the assessment of best practicable control
technology currently available to comply with
subsection (b)(1) of section 1311 of this title
Page 467
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1314
shall include consideration of the total cost of
application of technology in relation to the ef-
fluent reduction benefits to be achieved from
such application, and shall also take into ac-
count the age of equipment and facilities in-
volved, the process employed, the engineering
aspects of the application of various types of
control techniques, process changes, non-
water quality environmental impact (includ-
ing energy requirements), and such other fac-
tors as the Administrator deems appropriate;
(2)(A) identify, in terms of amounts of con-
stituents and chemical, physical, and biologi-
cal characteristics of pollutants, the degree of
effluent reduction attainable through the ap-
plication of the best control measures and
practices achievable including treatment tech-
niques, process and procedure innovations, op-
erating methods, and other alternatives for
classes and categories of point sources (other
than publicly owned treatment works); and
(B) specify factors to be taken into account
in determining the best measures and prac-
tices available to comply with subsection
(b)(2) of section 1311 of this title to be applica-
ble to any point source (other than publicly
owned treatment works) within such cat-
egories or classes. Factors relating to the as-
sessment of best available technology shall
take into account the age of equipment and fa-
cilities involved, the process employed, the en-
gineering aspects of the application of various
types of control techniques, process changes,
the cost of achieving such effluent reduction,
non-water quality environmental impact (in-
cluding energy requirements), and such other
factors as the Administrator deems appro-
priate;
(3) identify control measures and practices
available to eliminate the discharge of pollut-
ants from categories and classes of point
sources, taking into account the cost of
achieving such elimination of the discharge of
pollutants; and
(4)(A) identify, in terms of amounts of con-
stituents and chemical, physical, and biologi-
cal characteristics of pollutants, the degree of
effluent reduction attainable through the ap-
plication of the best conventional pollutant
control technology (including measures and
practices) for classes and categories of point
sources (other than publicly owned treatment
works); and
(B) specify factors to be taken into account
in determining the best conventional pollut-
ant control technology measures and practices
to comply with section 1311(b)(2)(E) of this
title to be applicable to any point source
(other than publicly owned treatment works)
within such categories or classes. Factors re-
lating to the assessment of best conventional
pollutant control technology (including meas-
ures and practices) shall include consideration
of the reasonableness of the relationship be-
tween the costs of attaining a reduction in
effluents and the effluent reduction benefits
derived, and the comparison of the cost and
level of reduction of such pollutants from the
discharge from publicly owned treatment
works to the cost and level of reduction of
such pollutants from a class or category of in-
dustrial sources, and shall take into account
the age of equipment and facilities involved,
the process employed, the engineering aspects
of the application of various types of control
techniques, process changes, non-water qual-
ity environmental impact (including energy
requirements), and such other factors as the
Administrator deems appropriate.
(c) Pollution discharge elimination procedures
The Administrator, after consultation, with
appropriate Federal and State agencies and
other interested persons, shall issue to the
States and appropriate water pollution control
agencies within 270 days after October 18, 1972
(and from time to time thereafter) information
on the processes, procedures, or operating meth-
ods which result in the elimination or reduction
of the discharge of pollutants to implement
standards of performance under section 1316 of
this title. Such information shall include tech-
nical and other data, including costs, as are
available on alternative methods of elimination
or reduction of the discharge of pollutants. Such
information, and revisions thereof, shall be pub-
lished in the Federal Register and otherwise
shall be made available to the public.
(d) Secondary treatment information; alternative
waste treatment management techniques; in-
novative and alternative wastewater treat-
ment processes; facilities deemed equivalent
of secondary treatment
(1) The Administrator, after consultation with
appropriate Federal and State agencies and
other interested persons, shall publish within
sixty days after October 18, 1972 (and from time
to time thereafter) information, in terms of
amounts of constituents and chemical, physical,
and biological characteristics of pollutants, on
the degree of effluent reduction attainable
through the application of secondary treatment.
(2) The Administrator, after consultation with
appropriate Federal and State agencies and
other interested persons, shall publish within
nine months after October 18, 1972 (and from
time to time thereafter) information on alter-
native waste treatment management techniques
and systems available to implement section 1281
of this title.
(3) The Administrator, after consultation with
appropriate Federal and State agencies and
other interested persons, shall promulgate with-
in one hundred and eighty days after December
27, 1977, guidelines for identifying and evalu-
ating innovative and alternative wastewater
treatment processes and techniques referred to
in section 1281(g)(5) of this title.
(4) For the purposes of this subsection, such
biological treatment facilities as oxidation
ponds, lagoons, and ditches and trickling filters
shall be deemed the equivalent of secondary
treatment. The Administrator shall provide
guidance under paragraph (1) of this subsection
on design criteria for such facilities, taking into
account pollutant removal efficiencies and, con-
sistent with the objectives of this chapter, as-
suring that water quality will not be adversely
affected by deeming such facilities as the equiv-
alent of secondary treatment.
Page 468
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1314
(e) Best management practices for industry
The Administrator, after consultation with
appropriate Federal and State agencies and
other interested persons, may publish regula-
tions, supplemental to any effluent limitations
specified under subsections (b) and (c) of this
section for a class or category of point sources,
for any specific pollutant which the Adminis-
trator is charged with a duty to regulate as a
toxic or hazardous pollutant under section
1317(a)(1) or 1321 of this title, to control plant
site runoff, spillage or leaks, sludge or waste
disposal, and drainage from raw material stor-
age which the Administrator determines are as-
sociated with or ancillary to the industrial man-
ufacturing or treatment process within such
class or category of point sources and may con-
tribute significant amounts of such pollutants
to navigable waters. Any applicable controls es-
tablished under this subsection shall be included
as a requirement for the purposes of section 1311,
1312, 1316, 1317, or 1343 of this title, as the case
may be, in any permit issued to a point source
pursuant to section 1342 of this title.
(f) Identification and evaluation of nonpoint
sources of pollution; processes, procedures,
and methods to control pollution
The Administrator, after consultation with
appropriate Federal and State agencies and
other interested persons, shall issue to appro-
priate Federal agencies, the States, water pollu-
tion control agencies, and agencies designated
under section 1288 of this title, within one year
after October 18, 1972 (and from time to time
thereafter) information including (1) guidelines
for identifying and evaluating the nature and
extent of nonpoint sources of pollutants, and (2)
processes, procedures, and methods to control
pollution resulting from—
(A) agricultural and silvicultural activities,
including runoff from fields and crop and for-
est lands;
(B) mining activities, including runoff and
siltation from new, currently operating, and
abandoned surface and underground mines;
(C) all construction activity, including run-
off from the facilities resulting from such con-
struction;
(D) the disposal of pollutants in wells or in
subsurface excavations;
(E) salt water intrusion resulting from re-
ductions of fresh water flow from any cause,
including extraction of ground water, irriga-
tion, obstruction, and diversion; and
(F) changes in the movement, flow, or cir-
culation of any navigable waters or ground
waters, including changes caused by the con-
struction of dams, levees, channels, cause-
ways, or flow diversion facilities.
Such information and revisions thereof shall be
published in the Federal Register and otherwise
made available to the public.
(g) Guidelines for pretreatment of pollutants
(1) For the purpose of assisting States in car-
rying out programs under section 1342 of this
title, the Administrator shall publish, within
one hundred and twenty days after October 18,
1972, and review at least annually thereafter
and,
if
appropriate,
revise
guidelines
for
pretreatment of pollutants which he determines
are not susceptible to treatment by publicly
owned treatment works. Guidelines under this
subsection shall be established to control and
prevent the discharge into the navigable waters,
the contiguous zone, or the ocean (either di-
rectly or through publicly owned treatment
works) of any pollutant which interferes with,
passes through, or otherwise is incompatible
with such works.
(2) When publishing guidelines under this sub-
section, the Administrator shall designate the
category or categories of treatment works to
which the guidelines shall apply.
(h) Test procedures guidelines
The Administrator shall, within one hundred
and eighty days from October 18, 1972, promul-
gate guidelines establishing test procedures for
the analysis of pollutants that shall include the
factors which must be provided in any certifi-
cation pursuant to section 1341 of this title or
permit application pursuant to section 1342 of
this title.
(i) Guidelines for monitoring, reporting, enforce-
ment, funding, personnel, and manpower
The Administrator shall (1) within sixty days
after October 18, 1972, promulgate guidelines for
the purpose of establishing uniform application
forms and other minimum requirements for the
acquisition of information from owners and op-
erators of point-sources of discharge subject to
any State program under section 1342 of this
title, and (2) within sixty days from October 18,
1972, promulgate guidelines establishing the
minimum procedural and other elements of any
State program under section 1342 of this title,
which shall include:
(A) monitoring requirements;
(B) reporting requirements (including proce-
dures to make information available to the
public);
(C) enforcement provisions; and
(D) funding, personnel qualifications, and
manpower requirements (including a require-
ment that no board or body which approves
permit applications or portions thereof shall
include, as a member, any person who re-
ceives, or has during the previous two years
received, a significant portion of his income
directly or indirectly from permit holders or
applicants for a permit).
(j) Lake restoration guidance manual
The Administrator shall, within 1 year after
February 4, 1987, and biennially thereafter, pub-
lish and disseminate a lake restoration guidance
manual describing methods, procedures, and
processes to guide State and local efforts to im-
prove, restore, and enhance water quality in the
Nation’s publicly owned lakes.
(k) Agreements with Secretaries of Agriculture,
Army, and the Interior to provide maximum
utilization of programs to achieve and main-
tain water quality; transfer of funds; author-
ization of appropriations
(1) The Administrator shall enter into agree-
ments with the Secretary of Agriculture, the
Secretary of the Army, and the Secretary of the
Interior, and the heads of such other depart-
Page 469
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1314
ments, agencies, and instrumentalities of the
United States as the Administrator determines,
to provide for the maximum utilization of other
Federal laws and programs for the purpose of
achieving
and
maintaining
water
quality
through appropriate implementation of plans
approved under section 1288 of this title and
nonpoint source pollution management pro-
grams approved under section 1329 of this title.
(2) The Administrator is authorized to transfer
to the Secretary of Agriculture, the Secretary of
the Army, and the Secretary of the Interior and
the heads of such other departments, agencies,
and instrumentalities of the United States as
the Administrator determines, any funds appro-
priated under paragraph (3) of this subsection to
supplement funds otherwise appropriated to pro-
grams authorized pursuant to any agreement
under paragraph (1).
(3) There is authorized to be appropriated to
carry out the provisions of this subsection,
$100,000,000 per fiscal year for the fiscal years
1979 through 1983 and such sums as may be nec-
essary for fiscal years 1984 through 1990.
(l) Individual control strategies for toxic pollut-
ants
(1) State list of navigable waters and develop-
ment of strategies
Not later than 2 years after February 4, 1987,
each State shall submit to the Administrator
for review, approval, and implementation
under this subsection—
(A) a list of those waters within the State
which after the application of effluent limi-
tations required under section 1311(b)(2) of
this title cannot reasonably be anticipated
to attain or maintain (i) water quality
standards for such waters reviewed, revised,
or adopted in accordance with section
1313(c)(2)(B) of this title, due to toxic pollut-
ants, or (ii) that water quality which shall
assure protection of public health, public
water supplies, agricultural and industrial
uses, and the protection and propagation of
a balanced population of shellfish, fish and
wildlife, and allow recreational activities in
and on the water;
(B) a list of all navigable waters in such
State for which the State does not expect
the applicable standard under section 1313 of
this title will be achieved after the require-
ments of sections 1311(b), 1316, and 1317(b) of
this title are met, due entirely or substan-
tially to discharges from point sources of
any toxic pollutants listed pursuant to sec-
tion 1317(a) of this title;
(C) for each segment of the navigable wa-
ters included on such lists, a determination
of the specific point sources discharging any
such toxic pollutant which is believed to be
preventing or impairing such water quality
and the amount of each such toxic pollutant
discharged by each such source; and
(D) for each such segment, an individual
control strategy which the State determines
will produce a reduction in the discharge of
toxic pollutants from point sources identi-
fied by the State under this paragraph
through the establishment of effluent limi-
tations under section 1342 of this title and
water
quality
standards
under
section
1313(c)(2)(B) of this title, which reduction is
sufficient, in combination with existing con-
trols on point and nonpoint sources of pollu-
tion, to achieve the applicable water quality
standard as soon as possible, but not later
than 3 years after the date of the establish-
ment of such strategy.
(2) Approval or disapproval
Not later than 120 days after the last day of
the 2-year period referred to in paragraph (1),
the Administrator shall approve or disapprove
the control strategies submitted under para-
graph (1) by any State.
(3) Administrator’s action
If a State fails to submit control strategies
in accordance with paragraph (1) or the Ad-
ministrator does not approve the control
strategies submitted by such State in accord-
ance with paragraph (1), then, not later than 1
year after the last day of the period referred
to in paragraph (2), the Administrator, in co-
operation with such State and after notice and
opportunity for public comment, shall imple-
ment the requirements of paragraph (1) in
such State. In the implementation of such re-
quirements, the Administrator shall, at a min-
imum, consider for listing under this sub-
section any navigable waters for which any
person submits a petition to the Adminis-
trator for listing not later than 120 days after
such last day.
(m) Schedule for review of guidelines
(1) Publication
Within 12 months after February 4, 1987, and
biennially thereafter, the Administrator shall
publish in the Federal Register a plan which
shall—
(A) establish a schedule for the annual re-
view and revision of promulgated effluent
guidelines, in accordance with subsection (b)
of this section;
(B) identify categories of sources dis-
charging toxic or nonconventional pollut-
ants for which guidelines under subsection
(b)(2) of this section and section 1316 of this
title have not previously been published; and
(C) establish a schedule for promulgation
of effluent guidelines for categories identi-
fied in subparagraph (B), under which pro-
mulgation of such guidelines shall be no
later than 4 years after February 4, 1987, for
categories identified in the first published
plan or 3 years after the publication of the
plan for categories identified in later pub-
lished plans.
(2) Public review
The Administrator shall provide for public
review and comment on the plan prior to final
publication.
(June 30, 1948, ch. 758, title III, § 304, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 850;
amended Pub. L. 95–217, §§ 48–51, 62(b), Dec. 27,
1977, 91 Stat. 1587, 1588, 1598; Pub. L. 97–117, § 23,
Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100–4, title I,
§ 101(f), title III, §§ 308(a), (c), (f), 315(c), 316(e),
Feb. 4, 1987, 101 Stat. 9, 38–40, 52, 61; Pub. L.
106–284, § 3(b), Oct. 10, 2000, 114 Stat. 871.)
Page 470
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1314a
Editorial Notes
CODIFICATION
Pub. L. 95–217, § 50, Dec. 27, 1977, 91 Stat. 1588, provided
in part that, upon the enactment of subsec. (e) of this
section by Pub. L. 95–217 and the concurrent redesigna-
tion of former subsecs. (e) to (j) of this section as (f) to
(k), respectively, all references to former subsecs. (e) to
(j) be changed to (f) to (k), respectively.
AMENDMENTS
2000—Subsec. (a)(9). Pub. L. 106–284 added par. (9).
1987—Subsec. (a)(7), (8). Pub. L. 100–4, § 308(c), added
pars. (7) and (8).
Subsec. (j). Pub. L. 100–4, § 315(c), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as fol-
lows: ‘‘The Administrator shall issue information bien-
nially on methods, procedures, and processes as may be
appropriate to restore and enhance the quality of the
Nation’s publicly owned freshwater lakes.’’
Subsec. (k)(1). Pub. L. 100–4, § 316(e), inserted ‘‘and
nonpoint source pollution management programs ap-
proved under section 1329 of this title’’ before period at
end.
Subsec. (k)(3). Pub. L. 100–4, § 101(f), inserted ‘‘and
such sums as may be necessary for fiscal years 1984
through 1990’’ after ‘‘1983’’.
Subsec. (l). Pub. L. 100–4, § 308(a), added subsec. (l).
Subsec. (m). Pub. L. 100–4, § 308(f), added subsec. (m).
1981—Subsec. (d)(4). Pub. L. 97–117 added par. (4).
1977—Subsec. (a)(4) to (6). Pub. L. 95–217, § 48(a), added
pars. (4) to (6).
Subsec. (b)(4). Pub. L. 95–217, § 48(b), added par. (4).
Subsec. (d)(3). Pub. L. 95–217, § 49, added par. (3).
Subsecs. (e) to (i). Pub. L. 95–217, § 50, added subsec.
(e) and redesignated former subsecs. (e) to (h) as (f) to
(i), respectively. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 95–217, §§ 50, 62(b), redesignated
former subsec. (i) as (j) and substituted ‘‘shall issue in-
formation biennially on methods’’ for ‘‘shall, within 270
days after October 18, 1972 (and from time to time
thereafter), issue such information on methods’’.
Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 95–217, §§ 50, 51, redesignated
former subsec. (j) as (k), substituted ‘‘The Adminis-
trator shall enter into agreements with the Secretary
of Agriculture, the Secretary of the Army, and the Sec-
retary of the Interior, and the heads of such other de-
partments, agencies, and instrumentalities of the
United States as the Administrator determines, to pro-
vide the maximum utilization of other Federal laws
and programs’’ for ‘‘The Administrator shall, within six
months from October 18, 1972, enter into agreements
with the Secretary of Agriculture, the Secretary of the
Army, and the Secretary of the Interior to provide for
the maximum utilization of the appropriate programs
authorized under other Federal law to be carried out by
such Secretaries’’ in par. (1), made conforming amend-
ments in par. (2), and in par. (3) authorized appropria-
tions for fiscal years 1979 through 1983.
Statutory Notes and Related Subsidiaries
REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR
TO DECEMBER 27, 1977
Pub. L. 95–217, § 73, Dec. 27, 1977, 91 Stat. 1609, directed
Administrator, within 90 days after Dec. 27, 1977, to re-
view every effluent guideline promulgated prior to that
date which was final or interim final (other than those
applicable to industrial categories listed in table 2 of
Committee Print Numbered 95–30 of Committee on Pub-
lic Works and Transportation of House of Representa-
tives) and which applied to those pollutants identified
pursuant to 33 U.S.C. 1314(a)(4) and, on or before July 1,
1980, to review every guideline applicable to industrial
categories listed in such table 2, authorized Adminis-
trator, upon completion of each such review to make
such adjustments in any such guidelines as may be nec-
essary to carry out 33 U.S.C. 1314(b)(4), directed Admin-
istrator to publish the results of each such review, and
provided for judicial review of Administrator’s actions.
Executive Documents
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Depart-
ment, relating to compliance with this chapter with re-
spect to pre-construction, construction, and initial op-
eration of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal In-
spector, Office of Federal Inspector for the Alaska Nat-
ural Gas Transportation System, until the first anni-
versary of the date of initial operation of the Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and au-
thority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Func-
tions and authority vested in Secretary of Energy sub-
sequently transferred to Federal Coordinator for Alas-
ka Natural Gas Transportation Projects by section
720d(f) of Title 15.
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States,
see Proc. No. 7219, set out as a note under section 1331
of Title 43, Public Lands.
§ 1314a. Wastewater technology clearinghouse
(a) In general
(1) In general
The Administrator of the Environmental
Protection Agency shall—
(A) for each of the programs described in
paragraph (2), update the information for
those programs to include information on
cost-effective and alternative wastewater re-
cycling and treatment technologies, includ-
ing onsite and decentralized systems; and
(B) disseminate to units of local govern-
ment and nonprofit organizations seeking
Federal funds for wastewater technology in-
formation on the cost effectiveness of alter-
native wastewater treatment and recycling
technologies, including onsite and decentral-
ized systems.
(2) Programs described
The programs referred to in paragraph (1)(A)
are programs that provide technical assistance
for wastewater management, including—
(A) programs for nonpoint source manage-
ment under section 1329 of this title; and
(B) the permit program for the disposal of
sewer sludge under section 1345 of this title.
(b) Report to Congress
Not later than 1 year after October 23, 2018,
and not less frequently than every 3 years there-
after, the Administrator of the Environmental
Protection Agency shall submit to Congress a
report that describes—
(1) the type and amount of information pro-
vided under subsection (a) to units of local
government and nonprofit organizations re-
garding alternative wastewater treatment and
recycling technologies;
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Development and implementation of waste treatment management plans and practices** It is the purpose of this subchapter to require and to assist the development and implementation of waste treatment management plans and practices which will achieve the goals of this chapter.
**(b) Application of technology: confined disposal of pollutants; consideration of advanced techniques** Waste treatment management plans and practices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall provide for consideration of advanced waste treatment techniques.
**(c) Waste treatment management area and scope** To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pollution sources.
**(d) Waste treatment management construction of revenue producing facilities** The Administrator shall encourage waste treatment management which results in the construction of revenue producing facilities providing for—
(1) the recycling of potential sewage pollutants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof;
(2) the confined and contained disposal of pollutants not recycled;
(3) the reclamation of wastewater; and
(4) the ultimate disposal of sludge in a manner that will not result in environmental hazards.
**(e) Waste treatment management integration of facilities** The Administrator shall encourage waste treatment management which results in integrating f
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1281
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1281. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 411
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1281
1 So in original. Probably should be ‘‘section’’.
(A) conducting Federal agency activities
within or outside the Puget Sound that af-
fect any land or water use or natural re-
sources of the Puget Sound region, including
activities performed by a contractor for the
benefit of a Federal agency;
(B) interpreting and enforcing regulations
that impact the restoration and protection
of the Puget Sound;
(C) issuing Federal licenses or permits
that impact the restoration and protection
of the Puget Sound; and
(D) granting Federal assistance to State,
local, and Tribal governments for activities
related to the restoration and protection of
the Puget Sound.
(June 30, 1948, ch. 758, title I, § 126, as added Pub.
L. 117–263, div. H, title LXXXV, § 8501(b), Dec. 23,
2022, 136 Stat. 3847.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (c)(3)(C)(ii), is Pub. L. 93–205, Dec. 28, 1973, 87
Stat. 884, which is classified principally to chapter 35
(§ 1531 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title
note set out under section 1531 of Title 16 and Tables.
SUBCHAPTER II—GRANTS FOR
CONSTRUCTION OF TREATMENT WORKS
§ 1281. Congressional declaration of purpose
(a) Development and implementation of waste
treatment management plans and practices
It is the purpose of this subchapter to require
and to assist the development and implementa-
tion of waste treatment management plans and
practices which will achieve the goals of this
chapter.
(b) Application of technology: confined disposal
of pollutants; consideration of advanced
techniques
Waste treatment management plans and prac-
tices shall provide f
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1281
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1281. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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 pursuant 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 October 18, 1972. If the Administrator makes such a determination he shall, within three months after October 18, 1972, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promulgate 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 waters shall submit such standards to the Administrator 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 determines that such standard is inconsistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall not later than the one hundred and twentieth 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 within ninety days after such notification, the Administrator
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1313
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1313. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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,
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1313
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1313. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria development and publication**
(1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) criteria for water quality accurately reflecting the latest scientific knowledge (A) on the kind and extent of all identifiable effects on health and welfare including, but not limited to, plankton, fish, shellfish, wildlife, plant life, shorelines, beaches, esthetics, and recreation which may be expected from the presence of pollutants in any body of water, including ground water; (B) on the concentration and dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (C) on the effects of pollutants on biological community diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and rates of organic and inorganic sedimentation for varying types of receiving waters.
(2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) information (A) on the factors necessary to restore and maintain the chemical, physical, and biological integrity of all navigable waters, ground waters, waters of the contiguous zone, and the oceans; (B) on the factors necessary for the protection and propagation of shellfish, fish, and wildlife for classes and categories of receiving waters and to allow recreational activities in and on the water; and (C) on the measurement and classification of water quality; and (D) for the purpose of [section 1313 of this title](https://
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1314
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.