§ 1314. — Information and guidelines
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1314]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 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, on and the identification 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
information identifying conventional pollutants, including but not
limited to, pollutants classified as biological oxygen demanding,
suspended solids, fecal coliform, and pH. The thermal component of any
discharge shall not be identified as a conventional pollutant under this
paragraph.
(5)(A) The Administrator, to the extent practicable 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 necessary for the protection of public water
supplies, and the protection and propagation of a balanced population of
shellfish, fish and wildlife, and to allow recreational activities, in
and on the water.
(B) The Administrator, to the extent practicable 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 necessary for the protection of public water
supplies, and the protection and propagation of a balanced indigenous
population of shellfish, fish and wildlife, and to allow recreational
activities, 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 information identifying each
water quality standard in effect under this chapter or State law, the
specific pollutants associated with such water quality standard, and the
particular waters to which such water quality standard applies.
(7) Guidance to states.--The Administrator, after consultation with
appropriate State agencies 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 appropriate 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 pollutants
on other bases than pollutant-by-pollutant 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 cooperation with appropriate Federal,
State, tribal, and local officials (including local health
officials), the Administrator shall publish new or revised water
quality criteria for pathogens and pathogen indicators (including a
revised list of testing methods, as appropriate), based on the
results of the studies conducted 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 effluent limitations under
this chapter the Administrator 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 effluent limitations, and, at least annually thereafter,
revise, if appropriate, such regulations. Such regulations shall--
(1)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the application
of the best practicable control technology currently available 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
control measures and practices 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 shall include consideration of
the total cost of application of technology in relation to the
effluent reduction benefits to be achieved from such application,
and shall also 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 quality environmental impact (including energy
requirements), and such other factors as the Administrator deems
appropriate;
(2)(A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the application
of the best control measures and practices achievable including
treatment techniques, process and procedure innovations, operating
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 practices available to comply with subsection
(b)(2) of section 1311 of this title to be applicable to any point
source (other than publicly owned treatment works) within such
categories or classes. Factors relating to the assessment of best
available technology 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, the cost of achieving such effluent reduction, non-
water quality environmental impact (including energy requirements),
and such other factors as the Administrator deems appropriate;
(3) identify control measures and practices available to
eliminate the discharge of pollutants 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 constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the application
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 pollutant 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 relating to the
assessment of best conventional pollutant control technology
(including measures and practices) shall include consideration of
the reasonableness of the relationship between 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 industrial 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
quality 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 methods 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 technical 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 published in the Federal Register and otherwise shall be made
available to the public.
(d) Secondary treatment information; alternative waste treatment
management techniques; innovative and alternative wastewater
treatment 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 alternative 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 within
one hundred and eighty days after December 27, 1977, guidelines for
identifying and evaluating 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, consistent with the objectives of
this chapter, assuring that water quality will not be adversely affected
by deeming such facilities as the equivalent of secondary treatment.
(e) Best management practices for industry
The Administrator, after consultation with appropriate Federal and
State agencies and other interested persons, may publish regulations,
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 Administrator 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 storage which
the Administrator determines are associated with or ancillary to the
industrial manufacturing or treatment process within such class or
category of point sources and may contribute significant amounts of such
pollutants to navigable waters. Any applicable controls established
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 appropriate
Federal agencies, the States, water pollution 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 forest lands;
(B) mining activities, including runoff and siltation from new,
currently operating, and abandoned surface and underground mines;
(C) all construction activity, including runoff from the
facilities resulting from such construction;
(D) the disposal of pollutants in wells or in subsurface
excavations;
(E) salt water intrusion resulting from reductions of fresh
water flow from any cause, including extraction of ground water,
irrigation, obstruction, and diversion; and
(F) changes in the movement, flow, or circulation of any
navigable waters or ground waters, including changes caused by the
construction of dams, levees, channels, causeways, 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 carrying 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
directly 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 subsection, 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, promulgate guidelines establishing test procedures for
the analysis of pollutants that shall include the factors which must be
provided in any certification pursuant to section 1341 of this title or
permit application pursuant to section 1342 of this title.
(i) Guidelines for monitoring, reporting, enforcement, 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 operators 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 procedures to make
information available to the public);
(C) enforcement provisions; and
(D) funding, personnel qualifications, and manpower requirements
(including a requirement that no board or body which approves permit
applications or portions thereof shall include, as a member, any
person who receives, 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, publish and disseminate a lake restoration
guidance manual describing methods, procedures, and processes to guide
State and local efforts to improve, 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
maintain water quality; transfer of funds; authorization of
appropriations
(1) The Administrator shall enter into agreements with 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,
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 programs 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 appropriated under paragraph (3) of this subsection to
supplement funds otherwise appropriated to programs 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 necessary for
fiscal years 1984 through 1990.
(l) Individual control strategies for toxic pollutants
(1) State list of navigable waters and development 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 limitations 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 pollutants, 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 requirements of
sections 1311(b), 1316, and 1317(b) of this title are met, due
entirely or substantially to discharges from point sources of
any toxic pollutants listed pursuant to section 1317(a) of this
title;
(C) for each segment of the navigable waters 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 identified by
the State under this paragraph through the establishment of
effluent limitations 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
controls on point and nonpoint sources of pollution, to achieve
the applicable water quality standard as soon as possible, but
not later than 3 years after the date of the establishment 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 paragraph (1) by
any State.
(3) Administrator's action
If a State fails to submit control strategies in accordance with
paragraph (1) or the Administrator does not approve the control
strategies submitted by such State in accordance with paragraph (1),
then, not later than 1 year after the last day of the period
referred to in paragraph (2), the Administrator, in cooperation with
such State and after notice and opportunity for public comment,
shall implement the requirements of paragraph (1) in such State. In
the implementation of such requirements, the Administrator shall, at
a minimum, consider for listing under this subsection any navigable
waters for which any person submits a petition to the Administrator
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 review and revision
of promulgated effluent guidelines, in accordance with
subsection (b) of this section;
(B) identify categories of sources discharging toxic or
nonconventional pollutants 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 identified in subparagraph (B), under
which promulgation 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 published 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, Sec. 304, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 850; amended Pub. L. 95-217, Secs. 48-
51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588, 1598; Pub. L. 97-117,
Sec. 23, Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100-4, title I,
Sec. 101(f), title III, Secs. 308(a), (c), (f), 315(c), 316(e), Feb. 4,
1987, 101 Stat. 9, 38-40, 52, 61; Pub. L. 106-284, Sec. 3(b), Oct. 10,
2000, 114 Stat. 871.)
Codification
Section 50 of Pub. L. 95-217 provided in part that, upon the
enactment of subsec. (e) of this section by Pub. L. 95-217 and the
concurrent redesignation 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, Sec. 308(c), added pars.
(7) and (8).
Subsec. (j). Pub. L. 100-4, Sec. 315(c), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ``The
Administrator shall issue information biennially 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, Sec. 316(e), inserted ``and nonpoint
source pollution management programs approved under section 1329 of this
title'' before period at end.
Subsec. (k)(3). Pub. L. 100-4, Sec. 101(f), inserted ``and such sums
as may be necessary for fiscal years 1984 through 1990'' after ``1983''.
Subsec. (l). Pub. L. 100-4, Sec. 308(a), added subsec. (l).
Subsec. (m). Pub. L. 100-4, Sec. 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, Sec. 48(a), added pars.
(4) to (6).
Subsec. (b)(4). Pub. L. 95-217, Sec. 48(b), added par. (4).
Subsec. (d)(3). Pub. L. 95-217, Sec. 49, added par. (3).
Subsecs. (e) to (i). Pub. L. 95-217, Sec. 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, Secs. 50, 62(b), redesignated former
subsec. (i) as (j) and substituted ``shall issue information 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, Secs. 50, 51, redesignated former
subsec. (j) as (k), substituted ``The Administrator shall enter into
agreements with 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, to provide 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 amendments in par. (2), and
in par. (3) authorized appropriations for fiscal years 1979 through
1983.
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 Department, relating to compliance with this
chapter with respect to pre-construction, construction, and initial
operation of transportation system for Canadian and Alaskan natural gas
were transferred to the Federal Inspector, Office of Federal Inspector
for the Alaska Natural Gas Transportation System, until the first
anniversary of the date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 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 authority 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.
Review of Effluent Guidelines Promulgated Prior to December 27, 1977
Section 73 of Pub. L. 95-217 directed Administrator, within 90 days
after Dec. 27, 1977, to review 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 Public Works and Transportation of House
of Representatives) 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 Administrator, upon completion of each such
review to make such adjustments in any such guidelines as may be
necessary to carry out 33 U.S.C. 1314(b)(4), directed Administrator to
publish the results of each such review, and provided for judicial
review of Administrator's actions.
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.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1255, 1281, 1284,
1288, 1292, 1311, 1312, 1313, 1315, 1317, 1322, 1323, 1329, 1342, 1344,
1369, 1376, 2408 of this title; title 42 sections 6925, 9621.
