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H.R. 7159 (97th): A bill to amend the Federal Water Pollution Control Act to allow modifications of certain effluent limitations relating to biochemical oxygen demand and pH.

The text of the bill below is as of Jan 8, 1983 (Passed Congress).

PUBLIC LAW 97-440—JAN. 8, 1983                                      96 STAT. 2289
Public Law 97-440
97th Congress
                                   An Act
To amend the Federal Water Pollution Control Act to allow modifications of certain      Jan. 8, 1983
       effluent limitations relating to biochemical oxygen demand and pH.               [H.R. 7159]'
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 301 of Federal Water
the Federal Water Pollution Control Act is amended by adding at PollutionControl Act,
the end thereof the following new subsection:                            amendment.
   "(mXD The Administrator, with the concurrence of the State, may 33 u s e 1311.
issue a permit under section 402 which modifies the requirements of 33 u s e 1342.
subsections (bXlXA) and (bX2XE) of this section, and of section 403, 33 u s e 1343.
with respect to effluent limitations to the extent such limitations
relate to biochemical oxygen demand and pH from discharges by an
industrial discharger in such State into deep waters of the territo-
rial seas, if the applicant demonstrates and the Administrator finds
        "(A) the facility for which modification is sought is covered at
     the time of the enactment of this subsection by National Pollut-
     ant Discharge Elimination System permit number CA0005894
     or CA0005282;
        "(B) the energy and environmental costs of meeting such
     requirements of subsections 0)X1XA) and 0))(2XE) and section
     403 exceed by an unreasonable amount the benefits to be ob-
     tained, including the objectives of this Act;
        "(C) the applicant has established a system for monitoring the
     impact of such discharges on a representative sample of aquatic
        "(D) such modified requirements will not result in any addi-
     tional requirements on any other point or nonpoint source;
        "(E) there will be no new or substantially increased dis-
     charges from the point source of the pollutant to which the
     modification applies above that volume of discharge specified in
     the permit;
        "(F) the discharge is into waters where there is strong tidal
     movement and other hydrological and geological characteristics
     which are necessary to allow compliance with this subsection
     and section 101(aX2) of this Act;                                   33 u s e 1251.
        "(G) the applicant accepts as a condition to the permit a
     contractural obligation to use funds in the amount required (but
     not less than $250,000 per year for ten years) for research and
     development of water pollution control technology, including
     but not limited to closed cycle technology;
        "(H) the facts and circumstances present a unique situation
     which, if relief is granted, will not establish a precedent or the
     relaxation of the requirements of this Act applicable to simi-
     larly situated discharges; and
        "(I) no owner or operator of a facility comparable to that of
     the applicant situated in the United States has demonstrated
     that it would be put at a competitive disadvantage to the

96 STAT. 2290 PUBLIC LAW 97-440—JAN. 8, 1983 applicant (or the parent company or any subsidiary thereof) as a result of the issuance of a permit under this subsection. "(2) The efQuent limitations established under a permit issued under paragraph (1) shall be sufficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propagation of a balanced, indig- enous population of shellfish, fish, fauna, wildlife, and other aquatic oi^anisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into ac- count any seasonal variations and the need for an adequate margin of safety, considering the lack of essential knowledge concerning the relationship between effluent limitations and water quality and the lack of essential knowledge of the effects of discharges on beneficial uses of the receiving waters. "(3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a demonstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this subsec- tion are met. "(4) The Administrator may terminate a permit issued under this subsection if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Pmvided, That if the effluent from a source with a permit issued under this subsection is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.". Approved January 8, 1983. LEGISLATIVE HISTORY—H.R. 7159: HOUSE REPORT No. 97-868 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-686 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 19, considered and passed Senate, amended. Dec. 20, House concurred in Senate amendment.