§ 1374. — Effluent Standards and Water Quality Information Advisory Committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1374]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 1374. Effluent Standards and Water Quality Information
Advisory Committee
(a) Establishment; membership; term
(1) There is established an Effluent Standards and Water Quality
Information Advisory Committee, which shall be composed of a Chairman
and eight members who shall be appointed by the Administrator within
sixty days after October 18, 1972.
(2) All members of the Committee shall be selected from the
scientific community, qualified by education, training, and experience
to provide, assess, and evaluate scientific and technical information on
effluent standards and limitations.
(3) Members of the Committee shall serve for a term of four years,
and may be reappointed.
(b) Action on proposed regulations
(1) No later than one hundred and eighty days prior to the date on
which the Administrator is required to publish any proposed regulations
required by section 1314(b) of this title, any proposed standard of
performance for new sources required by section 1316 of this title, or
any proposed toxic effluent standard required by section 1317 of this
title, he shall transmit to the Committee a notice of intent to propose
such regulations. The Chairman of the Committee within ten days after
receipt of such notice may publish a notice of a public hearing by the
Committee, to be held within thirty days.
(2) No later than one hundred and twenty days after receipt of such
notice, the Committee shall transmit to the Administrator such
scientific and technical information as is in its possession, including
that presented at any public hearing, related to the subject matter
contained in such notice.
(3) Information so transmitted to the Administrator shall constitute
a part of the administrative record and comments on any proposed
regulations or standards as information to be considered with other
comments and information in making any final determinations.
(4) In preparing information for transmittal, the Committee shall
avail itself of the technical and scientific services of any Federal
agency, including the United States Geological Survey and any national
environmental laboratories which may be established.
(c) Secretary; legal counsel; compensation
(1) The Committee shall appoint and prescribe the duties of a
Secretary, and such legal counsel as it deems necessary. The Committee
shall appoint such other employees as it deems necessary to exercise and
fulfill its powers and responsibilities. The compensation of all
employees appointed by the Committee shall be fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title 5.
(2) Members of the Committee shall be entitled to receive
compensation at a rate to be fixed by the President but not in excess of
the maximum rate of pay for grade GS-18, as provided in the General
Schedule under section 5332 of title 5.
(d) Quorum; special panel
Five members of the Committee shall constitute a quorum, and
official actions of the Committee shall be taken only on the affirmative
vote of at least five members. A special panel composed of one or more
members upon order of the Committee shall conduct any hearing authorized
by this section and submit the transcript of such hearing to the entire
Committee for its action thereon.
(e) Rules
The Committee is authorized to make such rules as are necessary for
the orderly transaction of its business.
(June 30, 1948, ch. 758, title V, Sec. 515, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 894.)
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.