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

• (A) not later than July 1, 1977, effluent limitations for
  point sources, other than publicly owned treatment works, (i)
  which shall require the application of the best practicable
  control technology currently available as defined by the
  Administrator pursuant to section 1314(b) of this title, or (ii)
  in the case of a discharge into a publicly owned treatment works
  which meets the requirements of subparagraph (B) of this
  paragraph, which shall require compliance with any applicable
  pretreatment requirements and any requirements under section 1317
  of this title; and

• (B) for publicly owned treatment works in existence on July 1,
  1977, or approved pursuant to section 1283 of this title prior to
  June 30, 1974 (for which construction must be completed within
  four years of approval), effluent limitations based upon
  secondary treatment as defined by the Administrator pursuant to
  section 1314(d)(1) of this title; or,

• (C) not later than July 1, 1977, any more stringent limitation,
  including those necessary to meet water quality standards,
  treatment standards, or schedules of compliance, established
  pursuant to any State law or regulations (under authority
  preserved by section 1370 of this title) or any other Federal law
  or regulation, or required to implement any applicable water
  quality standard established pursuant to this chapter.

• (A) for pollutants identified in subparagraphs (C), (D), and

• (F) of this paragraph, effluent limitations for categories and
  classes of point sources, other than publicly owned treatment
  works, which (i) shall require application of the best available
  technology economically achievable for such category or class,
  which will result in reasonable further progress toward the
  national goal of eliminating the discharge of all pollutants, as
  determined in accordance with regulations issued by the
  Administrator pursuant to section 1314(b)(2) of this title, which
  such effluent limitations shall require the elimination of
  discharges of all pollutants if the Administrator finds, on the
  basis of information available to him (including information
  developed pursuant to section 1325 of this title), that such
  elimination is technologically and economically achievable for a
  category or class of point sources as determined in accordance
  with regulations issued by the Administrator pursuant to section
  1314(b)(2) of this title, or (ii) in the case of the introduction
  of a pollutant into a publicly owned treatment works which meets
  the requirements of subparagraph (B) of this paragraph, shall
  require compliance with any applicable pretreatment requirements
  and any other requirement under section 1317 of this title;

• (B) Repealed. Pub. L. 97-117, Sec. 21(b), Dec. 29, 1981, 95
  Stat. 1632.

• (C) with respect to all toxic pollutants referred to in table 1
  of Committee Print Numbered 95-30 of the Committee on Public
  Works and Transportation of the House of Representatives
  compliance with effluent limitations in accordance with
  subparagraph (A) of this paragraph as expeditiously as
  practicable but in no case later than three years after the date
  such limitations are promulgated under section 1314(b) of this
  title, and in no case later than March 31, 1989;

• (D) for all toxic pollutants listed under paragraph (1) of
  subsection (a) of section 1317 of this title which are not
  referred to in subparagraph (C) of this paragraph compliance with
  effluent limitations in accordance with subparagraph (A) of this
  paragraph as expeditiously as practicable, but in no case later
  than three years after the date such limitations are promulgated
  under section 1314(b) of this title, and in no case later than
  March 31, 1989;

• (E) as expeditiously as practicable but in no case later than
  three years after the date such limitations are promulgated under
  section 1314(b) of this title, and in no case later than March
  31, 1989, compliance with effluent limitations for categories and
  classes of point sources, other than publicly owned treatment
  works, which in the case of pollutants identified pursuant to
  section 1314(a)(4) of this title shall require application of the
  best conventional pollutant control technology as determined in
  accordance with regulations issued by the Administrator pursuant
  to section 1314(b)(4) of this title; and

• (F) for all pollutants (other than those subject to
  subparagraphs (C), (D), or (E) of this paragraph) compliance with
  effluent limitations in accordance with subparagraph (A) of this
  paragraph as expeditiously as practicable but in no case later
  than 3 years after the date such limitations are established, and
  in no case later than March 31, 1989.

• (A) for effluent limitations under paragraph (1)(A)(i) of
  this subsection promulgated after January 1, 1982, and requiring
  a level of control substantially greater or based on
  fundamentally different control technology than under permits for
  an industrial category issued before such date, compliance as
  expeditiously as practicable but in no case later than three
  years after the date such limitations are promulgated under
  section 1314(b) of this title, and in no case later than March
  31, 1989; and

• (B) for any effluent limitation in accordance with paragraph
  (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
  only on the basis of section 1342(a)(1) of this title in a permit
  issued after February 4, 1987, compliance as expeditiously as
  practicable but in no case later than three years after the date
  such limitations are established, and in no case later than March
  31, 1989.

• (1) General authority
  The Administrator, with the concurrence of the State, may
  modify the requirements of subsection (b)(2)(A) of this section
  with respect to the discharge from any point source of ammonia,
  chlorine, color, iron, and total phenols (4AAP) (when determined
  by the Administrator to be a pollutant covered by subsection
  (b)(2)(F) of this section) and any other pollutant which the
  Administrator lists under paragraph (4) of this subsection.

• (2) Requirements for granting modifications
  A modification under this subsection shall be granted only upon
  a showing by the owner or operator of a point source satisfactory
  to the Administrator that -
  • (A) such modified requirements will result at a minimum in
    compliance with the requirements of subsection (b)(1)(A) or (C)
    of this section, whichever is applicable;
  • (B) such modified requirements will not result in any
    additional requirements on any other point or nonpoint source;
    and
  • (C) such modification will not interfere with the attainment
    or maintenance of that water quality which shall assure
    protection of public water supplies, and the protection and
    propagation of a balanced population of shellfish, fish, and
    wildlife, and allow recreational activities, in and on the
    water and such modification will not result in the discharge of
    pollutants in quantities which may reasonably be anticipated to
    pose an unacceptable risk to human health or the environment
    because of bioaccumulation, persistency in the environment,
    acute toxicity, chronic toxicity (including carcinogenicity,
    mutagenicity or teratogenicity), or synergistic propensities.

• (3) Limitation on authority to apply for subsection (c)
  modification
  If an owner or operator of a point source applies for a
  modification under this subsection with respect to the discharge
  of any pollutant, such owner or operator shall be eligible to
  apply for modification under subsection (c) of this section with
  respect to such pollutant only during the same time period as he
  is eligible to apply for a modification under this subsection.

• (4) Procedures for listing additional pollutants
  • (A) General authority
    Upon petition of any person, the Administrator may add any
    pollutant to the list of pollutants for which modification
    under this section is authorized (except for pollutants
    identified pursuant to section 1314(a)(4) of this title, toxic
    pollutants subject to section 1317(a) of this title, and the
    thermal component of discharges) in accordance with the
    provisions of this paragraph.
  • (B) Requirements for listing
    • (i) Sufficient information
      The person petitioning for listing of an additional
      pollutant under this subsection shall submit to the
      Administrator sufficient information to make the
      determinations required by this subparagraph.
    • (ii) Toxic criteria determination
      The Administrator shall determine whether or not the
      pollutant meets the criteria for listing as a toxic pollutant
      under section 1317(a) of this title.
    • (iii) Listing as toxic pollutant
      If the Administrator determines that the pollutant meets
      the criteria for listing as a toxic pollutant under section
      1317(a) of this title, the Administrator shall list the
      pollutant as a toxic pollutant under section 1317(a) of this
      title.
    • (iv) Nonconventional criteria determination
      If the Administrator determines that the pollutant does not
      meet the criteria for listing as a toxic pollutant under such
      section and determines that adequate test methods and
      sufficient data are available to make the determinations
      required by paragraph (2) of this subsection with respect to
      the pollutant, the Administrator shall add the pollutant to
      the list of pollutants specified in paragraph (1) of this
      subsection for which modifications are authorized under this
      subsection.
  • (C) Requirements for filing of petitions
    A petition for listing of a pollutant under this paragraph -
    • (i) must be filed not later than 270 days after the date of
      promulgation of an applicable effluent guideline under
      section 1314 of this title;
    • (ii) may be filed before promulgation of such guideline;
      and
    • (iii) may be filed with an application for a modification
      under paragraph (1) with respect to the discharge of such
      pollutant.
  • (D) Deadline for approval of petition
    A decision to add a pollutant to the list of pollutants for
    which modifications under this subsection are authorized must
    be made within 270 days after the date of promulgation of an
    applicable effluent guideline under section 1314 of this title.
  • (E) Burden of proof
    The burden of proof for making the determinations under
    subparagraph (B) shall be on the petitioner.

• (5) Removal of pollutants
  The Administrator may remove any pollutant from the list of
  pollutants for which modifications are authorized under this
  subsection if the Administrator determines that adequate test
  methods and sufficient data are no longer available for
  determining whether or not modifications may be granted with
  respect to such pollutant under paragraph (2) of this subsection.

• (1) there is an applicable water quality standard specific to
  the pollutant for which the modification is requested, which has
  been identified under section 1314(a)(6) of this title;

• (2) the discharge of pollutants in accordance with such
  modified requirements will not interfere, alone or in combination
  with pollutants from other sources, with the attainment or
  maintenance of that water quality which assures protection of
  public water supplies and the protection and propagation of a
  balanced, indigenous population of shellfish, fish, and wildlife,
  and allows recreational activities, in and on the water;

• (3) the applicant has established a system for monitoring the
  impact of such discharge on a representative sample of aquatic
  biota, to the extent practicable, and the scope of such
  monitoring is limited to include only those scientific
  investigations which are necessary to study the effects of the
  proposed discharge;

• (4) such modified requirements will not result in any
  additional requirements on any other point or nonpoint source;

• (5) all applicable pretreatment requirements for sources
  introducing waste into such treatment works will be enforced;

• (6) in the case of any treatment works serving a population of
  50,000 or more, with respect to any toxic pollutant introduced
  into such works by an industrial discharger for which pollutant
  there is no applicable pretreatment requirement in effect,
  sources introducing waste into such works are in compliance with
  all applicable pretreatment requirements, the applicant will
  enforce such requirements, and the applicant has in effect a
  pretreatment program which, in combination with the treatment of
  discharges from such works, removes the same amount of such
  pollutant as would be removed if such works were to apply
  secondary treatment to discharges and if such works had no
  pretreatment program with respect to such pollutant;

• (7) to the extent practicable, the applicant has established a
  schedule of activities designed to eliminate the entrance of
  toxic pollutants from nonindustrial sources into such treatment
  works;

• (8) there will be no new or substantially increased discharges
  from the point source of the pollutant to which the modification
  applies above that volume of discharge specified in the permit;

• (9) the applicant at the time such modification becomes
  effective will be discharging effluent which has received at
  least primary or equivalent treatment and which meets the
  criteria established under section 1314(a)(1) of this title after
  initial mixing in the waters surrounding or adjacent to the point
  at which such effluent is discharged. For the purposes of this subsection the phrase ''the discharge of any pollutant into marine waters'' refers to a discharge into deep waters of the territorial sea or the waters of the contiguous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the Administrator determines necessary to allow compliance with paragraph (2) of this subsection, and section 1251(a)(2) of this title. For the purposes of paragraph (9), ''primary or equivalent treatment'' means treatment by screening, sedimentation, and skimming adequate to remove at least 30 percent of the biological oxygen demanding material and of the suspended solids in the treatment works influent, and disinfection, where appropriate. A municipality which applies secondary treatment shall be eligible to receive a permit pursuant to this subsection which modifies the requirements of subsection (b)(1)(B) of this section with respect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters. No permit issued under this subsection shall authorize the discharge of sewage sludge into marine waters. In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously discharged effluent from such treatment works. No permit issued under this subsection shall authorize the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and protection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal relationship between such characteristics and the applicant's current or proposed discharge. Notwithstanding any other provisions of this subsection, no permit may be issued under this subsection for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.

• (1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) construction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this chapter available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treatment works may request the Administrator (or if appropriate the State) to issue a permit pursuant to section 1342 of this title or to modify a permit issued pursuant to that section to extend such time for compliance. Any such request shall be filed with the Administrator (or if appropriate the State) within 180 days after February 4, 1987. The Administrator (or if appropriate the State) may grant such request and issue or modify such a permit, which shall contain a schedule of compliance for the publicly owned treatment works based on the earliest date by which such financial assistance will be available from the United States and construction can be completed, but in no event later than July 1, 1988, and shall contain such other terms and conditions, including those necessary to carry out subsections (b) through (g) of section 1281 of this title, section 1317 of this title, and such interim effluent limitations applicable to that treatment works as the Administrator determines are necessary to carry out the provisions of this chapter.

• (2)
  • (A) Where a point source (other than a publicly owned treatment works) will not achieve the requirements of subsections (b)(1)(A) and (b)(1)(C) of this section and -

• (B) No time modification granted by the Administrator (or if appropriate the State) pursuant to paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treatment works pursuant to paragraph (1) of this subsection, but in no event shall it extend beyond July 1, 1988; and no such time modification shall be granted unless (i) the publicly owned treatment works will be in operation and available to the point source before July 1, 1988, and will meet the requirements of subsections (b)(1)(B) and (C) of this section after receiving the discharge from that point source; and (ii) the point source and the publicly owned treatment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 1284 of this title, and the publicly owned treatment works to accept the discharge from the point source; and (iii) the permit for such point source requires that point source to meet all requirements under section 1317(a) and (b) of this title during the period of such time modification.
  • (j) Modification procedures
    • (1) Any application filed under this section for a modification of the provisions of -

• (A) subsection (b)(1)(B) of this section under subsection (h)
  of this section shall be filed not later that ^[1] the
  365th day which begins after December 29, 1981, except that a
  publicly owned treatment works which prior to December 31, 1982,
  had a contractual arrangement to use a portion of the capacity of
  an ocean outfall operated by another publicly owned treatment
  works which has applied for or received modification under
  subsection (h) of this section, may apply for a modification of
  subsection (h) of this section in its own right not later than 30
  days after February 4, 1987, and except as provided in paragraph
  (5);

• (B) subsection (b)(2)(A) of this section as it applies to
  pollutants identified in subsection (b)(2)(F) of this section
  shall be filed not later than 270 days after the date of
  promulgation of an applicable effluent guideline under section
  1314 of this title or not later than 270 days after December 27,
  1977, whichever is later.
  • (2) Subject to paragraph (3) of this section, any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this chapter, unless in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Administrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought.
  • (3) Compliance requirements under subsection (g). -

• (A) Effect of filing. - An application for a modification under
  subsection (g) of this section and a petition for listing of a
  pollutant as a pollutant for which modifications are authorized
  under such subsection shall not stay the requirement that the
  person seeking such modification or listing comply with effluent
  limitations under this chapter for all pollutants not the subject
  of such application or petition.

• (B) Effect of disapproval. - Disapproval of an application for
  a modification under subsection (g) of this section shall not
  stay the requirement that the person seeking such modification
  comply with all applicable effluent limitations under this
  chapter.
  • (4) Deadline for subsection (g) decision. - An application for a modification with respect to a pollutant filed under subsection (g) of this section must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollutant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition.
  • (5) Extension of application deadline. -

• (A) In general. - In the 180-day period beginning on October
  31, 1994, the city of San Diego, California, may apply for a
  modification pursuant to subsection (h) of this section of the
  requirements of subsection (b)(1)(B) of this section with respect
  to biological oxygen demand and total suspended solids in the
  effluent discharged into marine waters.

• (B) Application. - An application under this paragraph shall
  include a commitment by the applicant to implement a waste water
  reclamation program that, at a minimum, will -

• (C) Additional conditions. - The Administrator may not grant a
  modification pursuant to an application submitted under this
  paragraph unless the Administrator determines that such
  modification will result in removal of not less than 58 percent
  of the biological oxygen demand (on an annual average) and not
  less than 80 percent of total suspended solids (on a monthly
  average) in the discharge to which the application applies.

• (D) Preliminary decision deadline. - The Administrator shall
  announce a preliminary decision on an application submitted under
  this paragraph not later than 1 year after the date the
  application is submitted.
  • (k) Innovative technology
    In the case of any facility subject to a permit under section 1342 of this title which proposes to comply with the requirements of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing existing production capacity with an innovative production process which will result in an effluent reduction significantly greater than that required by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollutants, or with the installation of an innovative control technique that has a substantial likelihood for enabling the facility to comply with the applicable effluent limitation by achieving a significantly greater effluent reduction than that required by the applicable effluent limitation and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an innovative system that has the potential for significantly lower costs than the systems which have been determined by the Administrator to be economically achievable, the Administrator (or the State with an approved program under section 1342 of this title, in consultation with the Administrator) may establish a date for compliance under subsection (b)(2)(A) or (b)(2)(E) of this section no later than two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection, if it is also determined that such innovative system has the potential for industrywide application.
  • (l) Toxic pollutants
    Other than as provided in subsection (n) of this section, the Administrator may not modify any requirement of this section as it applies to any specific pollutant which is on the toxic pollutant list under section 1317(a)(1) of this title.
  • (m) Modification of effluent limitation requirements for point
    sources
    • (1) The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsections (b)(1)(A) and (b)(2)(E) of this section, and of section 1343 of this title, with respect to effluent limitations to the extent such limitations relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Administrator finds that -

• (A) the facility for which modification is sought is covered at
  the time of the enactment of this subsection by National
  Pollutant Discharge Elimination System permit number CA0005894 or
  CA0005282;

• (B) the energy and environmental costs of meeting such
  requirements of subsections (b)(1)(A) and (b)(2)(E) of this
  section and section 1343 of this title exceed by an unreasonable
  amount the benefits to be obtained, including the objectives of
  this chapter;

• (C) the applicant has established a system for monitoring the
  impact of such discharges on a representative sample of aquatic
  biota;

• (D) such modified requirements will not result in any
  additional requirements on any other point or nonpoint source;

• (E) there will be no new or substantially increased discharges
  from the point source of the pollutant to which the modification
  applies above that volume of discharge specified in the permit;

• (F) the discharge is into waters where there is strong tidal
  movement and other hydrological and geological characteristics
  which are necessary to allow compliance with this subsection and
  section 1251(a)(2) of this title;

• (G) the applicant accepts as a condition to the permit a
  contractural ^[2] obligation to use funds in the amount
  required (but not less than $250,000 per year for ten years) for
  research and development of water pollution control technology,
  including but not limited to closed cycle technology;

• (H) the facts and circumstances present a unique situation
  which, if relief is granted, will not establish a precedent or
  the relaxation of the requirements of this chapter applicable to
  similarly situated discharges; and

• (I) no owner or operator of a facility comparable to that of
  the applicant situated in the United States has demonstrated that
  it would be put at a competitive disadvantage to the applicant
  (or the parent company or any subsidiary thereof) as a result of
  the issuance of a permit under this subsection.
  • (2) The effluent limitations established under a permit issued under paragraph (1) shall be sufficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propagation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essential knowledge concerning the relationship between effluent limitations and water quality and the lack of essential knowledge of the effects of discharges on beneficial uses of the receiving waters.
  • (3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a demonstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this subsection are met.
  • (4) The Administrator may terminate a permit issued under this subsection if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Provided, That if the effluent from a source with a permit issued under this subsection is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.
    • (n) Fundamentally different factors
  • (1) General rule
    The Administrator, with the concurrence of the State, may
    establish an alternative requirement under subsection (b)(2) of
    this section or section 1317(b) of this title for a facility that
    modifies the requirements of national effluent limitation
    guidelines or categorical pretreatment standards that would
    otherwise be applicable to such facility, if the owner or
    operator of such facility demonstrates to the satisfaction of the
    Administrator that -

• (A) the facility is fundamentally different with respect to
  the factors (other than cost) specified in section 1314(b) or
  1314(g) of this title and considered by the Administrator in
  establishing such national effluent limitation guidelines or
  categorical pretreatment standards;

• (B) the application -

• (C) the alternative requirement is no less stringent than
  justified by the fundamental difference; and

• (D) the alternative requirement will not result in a
  non-water quality environmental impact which is markedly more
  adverse than the impact considered by the Administrator in
  establishing such national effluent limitation guideline or
  categorical pretreatment standard.
  • (2) Time limit for applications
    An application for an alternative requirement which modifies
    the requirements of an effluent limitation or pretreatment
    standard under this subsection must be submitted to the
    Administrator within 180 days after the date on which such
    limitation or standard is established or revised, as the case may
    be.
  • (3) Time limit for decision
    The Administrator shall approve or deny by final agency action
    an application submitted under this subsection within 180 days
    after the date such application is filed with the Administrator.
  • (4) Submission of information
    The Administrator may allow an applicant under this subsection
    to submit information and supporting data until the earlier of
    the date the application is approved or denied or the last day
    that the Administrator has to approve or deny such application.
  • (5) Treatment of pending applications
    For the purposes of this subsection, an application for an
    alternative requirement based on fundamentally different factors
    which is pending on February 4, 1987, shall be treated as having
    been submitted to the Administrator on the 180th day following
    February 4, 1987. The applicant may amend the application to take
    into account the provisions of this subsection.
  • (6) Effect of submission of application
    An application for an alternative requirement under this
    subsection shall not stay the applicant's obligation to comply
    with the effluent limitation guideline or categorical
    pretreatment standard which is the subject of the application.
  • (7) Effect of denial
    If an application for an alternative requirement which modifies
    the requirements of an effluent limitation or pretreatment
    standard under this subsection is denied by the Administrator,
    the applicant must comply with such limitation or standard as
    established or revised, as the case may be.
  • (8) Reports
    By January 1, 1997, and January 1 of every odd-numbered year
    thereafter, the Administrator shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    a report on the status of applications for alternative
    requirements which modify the requirements of effluent
    limitations under section 1311 or 1314 of this title or any
    national categorical pretreatment standard under section 1317(b)
    of this title filed before, on, or after February 4, 1987.
    • (o) Application fees
      The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections (c), (g), (i), (k),
      • () Application fees section 1326(a) of this title. All amounts collected by the Administrator under this subsection shall be deposited into a special fund of the Treasury entitled ''Water Permits and Related Services'' which shall thereafter be available for appropriation to carry out activities of the Environmental Protection Agency for which such fees were collected.
      • (p) Modified permit for coal remining operations
    • (1) In general
      Subject to paragraphs (2) through (4) of this subsection, the
      Administrator, or the State in any case which the State has an
      approved permit program under section 1342(b) of this title, may
      issue a permit under section 1342 of this title which modifies
      the requirements of subsection (b)(2)(A) of this section with
      respect to the pH level of any pre-existing discharge, and with
      respect to pre-existing discharges of iron and manganese from the
      remined area of any coal remining operation or with respect to
      the pH level or level of iron or manganese in any pre-existing
      discharge affected by the remining operation. Such modified
      requirements shall apply the best available technology
      economically achievable on a case-by-case basis, using best
      professional judgment, to set specific numerical effluent
      limitations in each permit.
    • (2) Limitations
      The Administrator or the State may only issue a permit pursuant
      to paragraph (1) if the applicant demonstrates to the
      satisfaction of the Administrator or the State, as the case may
      be, that the coal remining operation will result in the potential
      for improved water quality from the remining operation but in no
      event shall such a permit allow the pH level of any discharge,
      and in no event shall such a permit allow the discharges of iron
      and manganese, to exceed the levels being discharged from the
      remined area before the coal remining operation begins. No
      discharge from, or affected by, the remining operation shall
      exceed State water quality standards established under section
      1313 of this title.
    • (3) Definitions
      For purposes of this subsection -
  • (A) Coal remining operation
    The term ''coal remining operation'' means a coal mining
    operation which begins after February 4, 1987 at a site on
    which coal mining was conducted before August 3, 1977.
  • (B) Remined area
    The term ''remined area'' means only that area of any coal
    remining operation on which coal mining was conducted before
    August 3, 1977.
  • (C) Pre-existing discharge
    The term ''pre-existing discharge'' means any discharge at
    the time of permit application under this subsection.
    • (4) Applicability of strip mining laws
      Nothing in this subsection shall affect the application of the
      Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
      1201 et seq.) to any coal remining operation, including the
      application of such Act to suspended solids.

Footnotes