Laws: Cases and Codes : U.S. Code : Title 33 : Section 1317
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U.S. Code as of:
01/19/04
Section 1317 - Notes
SOURCE
(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.
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