§ 1317. — Toxic and pretreatment effluent standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1317]
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.
(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].''
Section Referred to in Other Sections
This section is referred to in sections 1288, 1311, 1313, 1314,
1319, 1323, 1341, 1342, 1344, 1365, 1367, 1369, 1374 of this title;
title 42 sections 6924, 6925, 6939, 6939e, 9601.
