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CITE

    33 USC Sec. 1317                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT

HEAD

    Sec. 1317. Toxic and pretreatment effluent standards

STATUTE

    (a) Toxic pollutant list; revision; hearing; promulgation of
      standards; effective date; consultation
      (1) On and after December 27, 1977, the list of toxic pollutants
    or combination of pollutants subject to this chapter shall consist
    of those toxic pollutants listed in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives, and the Administrator shall
    publish, not later than the thirtieth day after December 27, 1977,
    that list. From time to time thereafter, the Administrator may
    revise such list and the Administrator is authorized to add to or
    remove from such list any pollutant. The Administrator in
    publishing any revised list, including the addition or removal of
    any pollutant from such list, shall take into account toxicity of
    the pollutant, its persistence, degradability, the usual or
    potential presence of the affected organisms in any waters, the
    importance of the affected organisms, and the nature and extent of
    the effect of the toxic pollutant on such organisms. A
    determination of the Administrator under this paragraph shall be
    final except that if, on judicial review, such determination was
    based on arbitrary and capricious action of the Administrator, the
    Administrator shall make a redetermination.
      (2) Each toxic pollutant listed in accordance with paragraph (1)
    of this subsection shall be subject to effluent limitations
    resulting from the application of the best available technology
    economically achievable for the applicable category or class of
    point sources established in accordance with sections 1311(b)(2)(A)
    and 1314(b)(2) of this title. The Administrator, in his discretion,
    may publish in the Federal Register a proposed effluent standard
    (which may include a prohibition) establishing requirements for a
    toxic pollutant which, if an effluent limitation is applicable to a
    class or category of point sources, shall be applicable to such
    category or class only if such standard imposes more stringent
    requirements. Such published effluent standard (or prohibition)
    shall take into account the toxicity of the pollutant, its
    persistence, degradability, the usual or potential presence of the
    affected organisms in any waters, the importance of the affected
    organisms and the nature and extent of the effect of the toxic
    pollutant on such organisms, and the extent to which effective
    control is being or may be achieved under other regulatory
    authority. The Administrator shall allow a period of not less than
    sixty days following publication of any such proposed effluent
    standard (or prohibition) for written comment by interested persons
    on such proposed standard. In addition, if within thirty days of
    publication of any such proposed effluent standard (or prohibition)
    any interested person so requests, the Administrator shall hold a
    public hearing in connection therewith. Such a public hearing shall
    provide an opportunity for oral and written presentations, such
    cross-examination as the Administrator determines is appropriate on
    disputed issues of material fact, and the transcription of a
    verbatim record which shall be available to the public. After
    consideration of such comments and any information and material
    presented at any public hearing held on such proposed standard or
    prohibition, the Administrator shall promulgate such standard (or
    prohibition) with such modification as the Administrator finds are
    justified. Such promulgation by the Administrator shall be made
    within two hundred and seventy days after publication of proposed
    standard (or prohibition). Such standard (or prohibition) shall be
    final except that if, on judicial review, such standard was not
    based on substantial evidence, the Administrator shall promulgate a
    revised standard. Effluent limitations shall be established in
    accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title
    for every toxic pollutant referred to in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives as soon as practicable after
    December 27, 1977, but no later than July 1, 1980. Such effluent
    limitations or effluent standards (or prohibitions) shall be
    established for every other toxic pollutant listed under paragraph
    (1) of this subsection as soon as practicable after it is so
    listed.
      (3) Each such effluent standard (or prohibition) shall be
    reviewed and, if appropriate, revised at least every three years.
      (4) Any effluent standard promulgated under this section shall be
    at that level which the Administrator determines provides an ample
    margin of safety.
      (5) When proposing or promulgating any effluent standard (or
    prohibition) under this section, the Administrator shall designate
    the category or categories of sources to which the effluent
    standard (or prohibition) shall apply. Any disposal of dredged
    material may be included in such a category of sources after
    consultation with the Secretary of the Army.
      (6) Any effluent standard (or prohibition) established pursuant
    to this section shall take effect on such date or dates as
    specified in the order promulgating such standard, but in no case,
    more than one year from the date of such promulgation. If the
    Administrator determines that compliance within one year from the
    date of promulgation is technologically infeasible for a category
    of sources, the Administrator may establish the effective date of
    the effluent standard (or prohibition) for such category at the
    earliest date upon which compliance can be feasibly attained by
    sources within such category, but in no event more than three years
    after the date of such promulgation.
      (7) Prior to publishing any regulations pursuant to this section
    the Administrator shall, to the maximum extent practicable within
    the time provided, consult with appropriate advisory committees,
    States, independent experts, and Federal departments and agencies.
    (b) Pretreatment standards; hearing; promulgation; compliance
      period; revision; application to State and local laws
      (1) The Administrator shall, within one hundred and eighty days
    after October 18, 1972, and from time to time thereafter, publish
    proposed regulations establishing pretreatment standards for
    introduction of pollutants into treatment works (as defined in
    section 1292 of this title) which are publicly owned for those
    pollutants which are determined not to be susceptible to treatment
    by such treatment works or which would interfere with the operation
    of such treatment works. Not later than ninety days after such
    publication, and after opportunity for public hearing, the
    Administrator shall promulgate such pretreatment standards.
    Pretreatment standards under this subsection shall specify a time
    for compliance not to exceed three years from the date of
    promulgation and shall be established to prevent the discharge of
    any pollutant through treatment works (as defined in section 1292
    of this title) which are publicly owned, which pollutant interferes
    with, passes through, or otherwise is incompatible with such works.
    If, in the case of any toxic pollutant under subsection (a) of this
    section introduced by a source into a publicly owned treatment
    works, the treatment by such works removes all or any part of such
    toxic pollutant and the discharge from such works does not violate
    that effluent limitation or standard which would be applicable to
    such toxic pollutant if it were discharged by such source other
    than through a publicly owned treatment works, and does not prevent
    sludge use or disposal by such works in accordance with section
    1345 of this title, then the pretreatment requirements for the
    sources actually discharging such toxic pollutant into such
    publicly owned treatment works may be revised by the owner or
    operator of such works to reflect the removal of such toxic
    pollutant by such works.
      (2) The Administrator shall, from time to time, as control
    technology, processes, operating methods, or other alternatives
    change, revise such standards following the procedure established
    by this subsection for promulgation of such standards.
      (3) When proposing or promulgating any pretreatment standard
    under this section, the Administrator shall designate the category
    or categories of sources to which such standard shall apply.
      (4) Nothing in this subsection shall affect any pretreatment
    requirement established by any State or local law not in conflict
    with any pretreatment standard established under this subsection.
    (c) New sources of pollutants into publicly owned treatment works
      In order to insure that any source introducing pollutants into a
    publicly owned treatment works, which source would be a new source
    subject to section 1316 of this title if it were to discharge
    pollutants, will not cause a violation of the effluent limitations
    established for any such treatment works, the Administrator shall
    promulgate pretreatment standards for the category of such sources
    simultaneously with the promulgation of standards of performance
    under section 1316 of this title for the equivalent category of new
    sources. Such pretreatment standards shall prevent the discharge of
    any pollutant into such treatment works, which pollutant may
    interfere with, pass through, or otherwise be incompatible with
    such works.
    (d) Operation in violation of standards unlawful
      After the effective date of any effluent standard or prohibition
    or pretreatment standard promulgated under this section, it shall
    be unlawful for any owner or operator of any source to operate any
    source in violation of any such effluent standard or prohibition or
    pretreatment standard.
    (e) Compliance date extension for innovative pretreatment systems
      In the case of any existing facility that proposes to comply with
    the pretreatment standards of subsection (b) of this section by
    applying an innovative system that meets the requirements of
    section 1311(k) of this title, the owner or operator of the
    publicly owned treatment works receiving the treated effluent from
    such facility may extend the date for compliance with the
    applicable pretreatment standard established under this section for
    a period not to exceed 2 years -
        (1) if the Administrator determines that the innovative system
      has the potential for industrywide application, and
        (2) if the Administrator (or the State in consultation with the
      Administrator, in any case in which the State has a pretreatment
      program approved by the Administrator) -
          (A) determines that the proposed extension will not cause the
        publicly owned treatment works to be in violation of its permit
        under section 1342 of this title or of section 1345 of this
        title or to contribute to such a violation, and
          (B) concurs with the proposed extension.

SOURCE

    (June 30, 1948, ch. 758, title III, Sec. 307, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 856; amended Pub. L. 95-217,
    Secs. 53(a), (b), 54(a), Dec. 27, 1977, 91 Stat. 1589-1591; Pub. L.
    100-4, title III, Sec. 309(a), Feb. 4, 1987, 101 Stat. 41.)

AMENDMENTS

      1987 - Subsec. (e). Pub. L. 100-4 added subsec. (e).
      1977 - Subsec. (a)(1). Pub. L. 95-217, Sec. 53(a), substituted
    "On and after December 27, 1977, the list of toxic pollutants or
    combination of pollutants subject to this chapter shall consist of
    those toxic pollutants listed in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives, and the Administrator shall
    publish, not later than the thirtieth day after December 27, 1977,
    that list" for "The Administrator shall, within ninety days after
    October 18, 1972, publish (and from time to time thereafter revise)
    a list which includes any toxic pollutant or combination of such
    pollutants for which an effluent standard (which may include a
    prohibition of the discharge of such pollutants or combination of
    such pollutants) will be established under this section" and
    inserted provision for the revision of the list and for the
    finality of the Administrator's determination except when that
    determination is arbitrary and capricious.
      Subsec. (a)(2). Pub. L. 95-217, Sec. 53(a), expanded provisions
    covering effluent limitations and the establishment of effluent
    standards (or prohibitions), introduced provisions relating to the
    application of the best available technology economically
    achievable for the applicable category or class of point sources
    established in accordance with sections 1311(b)(2)(A) and
    1314(b)(2) of this title, inserted provision that published
    effluent standards take into account the extent to which effective
    control is being or may be achieved under other regulatory
    authority, inserted provision for a sixty day minimum period
    following publication of proposed effluent standards for written
    comment, substituted two hundred and seventy days for six months as
    the period following publication of proposed standards during which
    period standards (or prohibitions) must be promulgated, and
    inserted provision for the finality of effluent limitations (or
    prohibitions) except if, on judicial review, the standard was not
    based on substantial evidence.
      Subsec. (a)(3). Pub. L. 95-217, Sec. 53(a), struck out provision
    for the immediate promulgation of revised effluent standards (or
    prohibitions) for pollutants or combinations of pollutants if,
    after public hearings, the Administrator found that a modification
    of such proposed standards (or prohibitions) was justified. See
    subsec. (a)(2) of this section.
      Subsec. (a)(6). Pub. L. 95-217, Sec. 53(b), inserted provision
    that if the Administrator determines that compliance with effluent
    standards (or prohibitions) within one year from the date of
    promulgation is technologically infeasible for a category of
    sources, the Administrator may establish the effective date of the
    effluent standard (or prohibition) for that category at the
    earliest date upon which compliance can be feasibly attained by
    sources within such category, but in no event more than three years
    after the date of such promulgation.
      Subsec. (b)(1). Pub. L. 95-217, Sec. 54(a), inserted provision
    that if, in the case of any toxic pollutant under subsection (a) of
    this section introduced by a source into a publicly owned treatment
    works, the treatment by the works removes all or any part of the
    toxic pollutant and the discharge from the works does not violate
    that effluent limitation or standard which would be applicable to
    the toxic pollutant if it were discharged by the source other than
    through a publicly owned treatment works, and does not prevent
    sludge use or disposal by the works in accordance with section 1345
    of this title, then the pretreatment requirements for the sources
    actually discharging the toxic pollutant into the publicly owned
    treatment works may be revised by the owner or operator of the
    works to reflect the removal of the toxic pollutant by the works.

CHANGE OF NAME

      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.

INCREASE IN EPA EMPLOYEES

      Section 309(b) of Pub. L. 100-4 provided that: "The Administrator
    shall take such actions as may be necessary to increase the number
    of employees of the Environmental Protection Agency in order to
    effectively implement pretreatment requirements under section 307
    of the Federal Water Pollution Control Act [33 U.S.C. 1317]."