§ 1375. — Reports to Congress; detailed estimates and comprehensive study on costs; State estimates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1375]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 1375. Reports to Congress; detailed estimates and
comprehensive study on costs; State estimates
(a) Implementation of chapter objectives; status and progress of
programs
Within ninety days following the convening of each session of
Congress, the Administrator shall submit to the Congress a report, in
addition to any other report required by this chapter, on measures taken
toward implementing the objective of this chapter, including, but not
limited to, (1) the progress and problems associated with developing
comprehensive plans under section 1252 of this title, areawide plans
under section 1288 of this title, basin plans under section 1289 of this
title, and plans under section 1313(e) of this title; (2) a summary of
actions taken and results achieved in the field of water pollution
control research, experiments, studies, and related matters by the
Administrator and other Federal agencies and by other persons and
agencies under Federal grants or contracts; (3) the progress and
problems associated with the development of effluent limitations and
recommended control techniques; (4) the status of State
programs,including a detailed summary of the progress obtained as
compared to that planned under State program plans for development and
enforcement of water quality requirements; (5) the identification and
status of enforcement actions pending or completed under this chapter
during the preceding year; (6) the status of State, interstate, and
local pollution control programs established pursuant to, and assisted
by, this chapter; (7) a summary of the results of the survey required to
be taken under section 1290 of this title; (8) his activities including
recommendations under sections 1259 through 1261 of this title; and (9)
all reports and recommendations made by the Water Pollution Control
Advisory Board.
(b) Detailed estimates and comprehensive study on costs; State
estimates, survey form
(1) The Administrator, in cooperation with the States, including
water pollution control agencies and other water pollution control
planning agencies, shall make (A) a detailed estimate of the cost of
carrying out the provisions of this chapter; (B) a detailed estimate,
biennially revised, of the cost of construction of all needed publicly
owned treatment works in all of the States and of the cost of
construction of all needed publicly owned treatment works in each of the
States; (C) a comprehensive study of the economic impact on affected
units of government of the cost of installation of treatment facilities;
and (D) a comprehensive analysis of the national requirements for and
the cost of treating municipal, industrial, and other effluent to attain
the water quality objectives as established by this chapter or
applicable State law. The Administrator shall submit such detailed
estimate and such comprehensive study of such cost to the Congress no
later than February 10 of each odd-numbered year. Whenever the
Administrator, pursuant to this subsection, requests and receives an
estimate of cost from a State, he shall furnish copies of such estimate
together with such detailed estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of this
subsection, the Administrator shall make a preliminary detailed estimate
called for by subparagraph (B) of such paragraph and shall submit such
preliminary detailed estimate to the Congress no later than September 3,
1974. The Administrator shall require each State to prepare an estimate
of cost for such State, and shall utilize the survey form EPA-1, O.M.B.
No. 158-R0017, prepared for the 1973 detailed estimate, except that such
estimate shall include all costs of compliance with section
1281(g)(2)(A) of this title and water quality standards established
pursuant to section 1313 of this title, and all costs of treatment works
as defined in section 1292(2) of this title, including all eligible
costs of constructing sewage collection systems and correcting excessive
infiltration or inflow and all eligible costs of correcting combined
storm and sanitary sewer problems and treating storm water flows. The
survey form shall be distributed by the Administrator to each State no
later than January 31, 1974.
(c) Status of combined sewer overflows in municipal treatment works
operations
The Administrator shall submit to the Congress by October 1, 1978, a
report on the status of combined sewer overflows in municipal treatment
works operations. The report shall include (1) the status of any
projects funded under this chapter to address combined sewer overflows
(2) a listing by State of combined sewer overflow needs identified in
the 1977 State priority listings, (3) an estimate for each applicable
municipality of the number of years necessary, assuming an annual
authorization and appropriation for the construction grants program of
$5,000,000,000, to correct combined sewer overflow problems, (4) an
analysis using representative municipalities faced with major combined
sewer overflow needs, of the annual discharges of pollutants from
overflows in comparison to treated effluent discharges, (5) an analysis
of the technological alternatives available to municipalities to correct
major combined sewer overflow problems, and (6) any recommendations of
the Administrator for legislation to address the problem of combined
sewer overflows, including whether a separate authorization and grant
program should be established by the Congress to address combined sewer
overflows.
(d) Legislative recommendations on program requiring coordination
between water supply and wastewater control plans as condition
for construction grants; public hearing
The Administrator, in cooperation with the States, including water
pollution control agencies, and other water pollution control planning
agencies, and water supply and water resources agencies of the States
and the United States shall submit to Congress, within two years of
December 27, 1977, a report with recommendations for legislation on a
program to require coordination between water supply and wastewater
control plans as a condition to grants for construction of treatment
works under this chapter. No such report shall be submitted except after
opportunity for public hearings on such proposed report.
(e) State revolving fund report
(1) In general
Not later than February 10, 1990, the Administrator shall submit
to Congress a report on the financial status and operations of water
pollution control revolving funds established by the States under
subchapter VI of this chapter. The Administrator shall prepare such
report in cooperation with the States, including water pollution
control agencies and other water pollution control planning and
financing agencies.
(2) Contents
The report under this subsection shall also include the
following:
(A) an inventory of the facilities that are in significant
noncompliance with the enforceable requirements of this chapter;
(B) an estimate of the cost of construction necessary to
bring such facilities into compliance with such requirements;
(C) an assessment of the availability of sources of funds
for financing such needed construction, including an estimate of
the amount of funds available for providing assistance for such
construction through September 30, 1999, from the water
pollution control revolving funds established by the States
under subchapter VI of this chapter;
(D) an assessment of the operations, loan portfolio, and
loan conditions of such revolving funds;
(E) an assessment of the effect on user charges of the
assistance provided by such revolving funds compared to the
assistance provided with funds appropriated pursuant to section
1287 of this title; and
(F) an assessment of the efficiency of the operation and
maintenance of treatment works constructed with assistance
provided by such revolving funds compared to the efficiency of
the operation and maintenance of treatment works constructed
with assistance provided under section 1281 of this title.
(June 30, 1948, ch. 758, title V, Sec. 516, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 895; amended Pub. L. 93-243, Sec. 4,
Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 70-72, Dec. 27, 1977,
91 Stat. 1608, 1609; Pub. L. 100-4, title II, Sec. 212(c), Feb. 4, 1987,
101 Stat. 27; Pub. L. 104-66, title II, Sec. 2021(d), Dec. 21, 1995, 109
Stat. 727; Pub. L. 105-362, title V, Sec. 501(d)(1), Nov. 10, 1998, 112
Stat. 3283; Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002,
116 Stat. 2361.)
Amendments
2002--Subsecs. (a) to (e). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(d)(1). See 1998 Amendment notes below.
1998--Subsec. (a). Pub. L. 105-362, Sec. 501(d)(1)(A), which
directed the striking out of subsec. (a), was repealed by Pub. L. 107-
303. See Effective Date of 2002 Amendment note below.
Subsec. (b). Pub. L. 105-362, Sec. 501(d), which directed the
striking out of par. (1) designation, redesignation of subpars. (A) to
(D) as pars. (1) to (4), respectively, and striking out of par. (2), was
repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment note
below.
Subsecs. (c) to (e). Pub. L. 105-362, Sec. 501(d)(1)(A), which
directed the striking out of subsecs. (c) to (e), was repealed by Pub.
L. 107-303. See Effective Date of 2002 Amendment note below.
1995--Subsecs. (d), (e), (g). Pub. L. 104-66 redesignated subsecs.
(e) and (g) as (d) and (e), respectively, and struck out former subsec.
(d) which related to status reports on the use of municipal secondary
effluent and sludge for agricultural and other purposes that utilize the
nutrient value of treated wastewater effluent.
1987--Subsec. (g). Pub. L. 100-4 added subsec. (g).
1977--Subsecs. (c) to (e). Pub. L. 95-217 added subsecs. (c) to (e).
1974--Subsec. (b). Pub. L. 93-243 designated existing paragraph as
par. (1) and cls. (1) to (4) as (A) to (D), and added par. (2).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
administered on and after Nov. 27, 2002, as if amendments made by
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see section
302(b) of Pub. L. 107-303, set out as a note under section 1254 of this
title.
Studies and Reports
Pub. L. 100-4, title III, Sec. 308(g), Feb. 4, 1987, 101 Stat. 40,
directed Administrator to conduct a water quality improvement study and
report results of such study to specified Congressional committees not
later than 2 years after Feb. 4, 1987.
Pub. L. 100-4, title III, Sec. 314(b), Feb. 4, 1987, 101 Stat. 49,
directed Secretary of the Army and Administrator to each prepare a
report on enforcement mechanisms and to submit the reports to Congress
not later than Dec. 1, 1988.
Pub. L. 100-4, title IV, Sec. 404(c), Feb. 4, 1987, 101 Stat. 69,
directed Administrator to study extent to which States have adopted
water quality standards in accordance with section 1313a of this title
and extent to which modifications of permits issued under section
1342(a)(1)(B) of this title for the purpose of reflecting revisions of
water quality standards be encouraged and to submit a report on such
study to Congress not later than 2 years after Feb. 4, 1987, prior to
repeal by Pub. L. 104-66, title II, Sec. 2021(e)(1), Dec. 21, 1995, 109
Stat. 727.
Pub. L. 100-4, title V, Sec. 516, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of de minimis discharges and
report results of such study to specified Congressional committees not
later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 517, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of effectiveness of innovative
and alternative wastewater processes and techniques and report results
of such study to specified Congressional committees not later than 1
year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 518, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of testing procedures
established under section 1314(h) of this title for analysis of
pollutants and report results of such study to specified Congressional
committees not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 519, Feb. 4, 1987, 101 Stat. 87,
directed Administrator to conduct a study of pretreatment of toxic
pollutants and report results of such study to specified Congressional
committees not later than 4 years after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 520, Feb. 4, 1987, 101 Stat. 87,
directed Administrator, in conjunction with State and local agencies, to
conduct studies of water pollution problems in aquifers and report
result of such studies to Congress not later than 2 years after Feb. 4,
1987.
Pub. L. 100-4, title V, Sec. 522, Feb. 4, 1987, 101 Stat. 88,
directed Administrator to conduct a study on sulfide corrosion in
collection and treatment systems and report results of such study to
specified Congressional committees not later than 1 year after Feb. 4,
1987.
Pub. L. 100-4, title V, Sec. 523, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of rainfall induced
infiltration into sewer systems and report results of such study to
Congress not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 524, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of dam water quality and
report results of such study to Congress not later than Dec. 31, 1987.
Pub. L. 100-4, title V, Sec. 525, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of pollution in Lake Pend
Oreille, Idaho, and the Clark Fork River and its tributaries, Idaho,
Montana, and Washington, and to report to Congress findings and
recommendations.
Detailed Estimates, Comprehensive Study, and Comprehensive Analysis;
Report to Congress not Later Than December 31, 1982
Pub. L. 97-117, Sec. 25, Dec. 29, 1981, 95 Stat. 1633, provided that
the Administrator of the Environmental Protection Agency submit to the
Congress, not later than December 31, 1982, a report containing the
detailed estimates, comprehensive study, and comprehensive analysis
required by section 1375(b) of this title, including an estimate of the
total cost and the amount of Federal funds necessary for the
construction of needed publicly owned treatment facilities, such report
to reflect the changes made in the Federal water pollution control
program by Pub. L. 97-117 [see Short Title of 1981 Amendment note set
out under section 1251 of this title]. The Administrator was to give
emphasis to the effects of the amendment made by section 2(a) of Pub. L.
97-117 [amending section 1281(g)(1) of this title] in addressing water
quality needs adequately and appropriately.
Study and Report to Congress by Secretary of the Interior of Financing
Water Pollution Prevention, Control, and Abatement Programs
Pub. L. 91-224, title I, Sec. 109, Apr. 3, 1970, 34 Stat. 113,
directed the Secretary of the Interior to conduct a full and complete
investigation and study of the feasibility of all methods of financing
the cost of preventing, controlling, and abating water pollution, other
than methods authorized by existing law, with results of such
investigation and study to be reported to Congress no later than Dec.
31, 1970, together with the recommendations of the Secretary for
financing the programs for preventing, controlling, and abating water
pollution for the fiscal years beginning after fiscal year 1971,
including any necessary legislation.
Termination of Advisory Boards
Advisory boards 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 board established by the President or an officer of the
Federal Government, such board is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a board
established by the Congress, its duration is otherwise provided by law,
see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization and
Employees.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1266, 1285, 1290, 1301
of this title.
