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33 U.S.C. § 1314 — Information and guidelines

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33 U.S.C. § 1314 — Information and guidelines

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

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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;

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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 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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1281 — Congressional declaration of purpose

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

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Federal law — U.S. Code and appendices · legal_authorities

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

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Federal law — U.S. Code and appendices · legal_authorities

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,

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1313

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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 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://

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