- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER III - STANDARDS AND ENFORCEMENT
Sec. 1317. Toxic and pretreatment effluent standards
- (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.
[Notes]
