27 28 29 30 31 32 "NATIONAL UNIFORM STANDARDS OF PERFORMANCE POR NEW SOURCES SEc. 306. (a) For purposes of this section: (1) The term 'standard of performance' means a standard for the control of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the latest available control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. "(2) The term 'new source' means any source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. "(3) The term 'stationary source' means any buikling, structure, facility, or installation which discharges or may discharge any water pollutant. "(4) The term 'owner or operator' means any person who owns, leases, operates, controls, or supervises a stationary source. "(5) The term 'modification' means any physical change in, or change in the method of operation of, a source which increases the amount of any water pollutant discharges by such source or which results in the discharge of any water pollutant not previously discharged. "(b)(1)(A) The Administrator shall, within 90 days after the date 33 of enactment of the Nations! Water Quality Standards Act of 1971, 34 publish (and from time to time thereafter shall revise) a list of categories of stationary sources, which such list shall, at the minimum include: pulp and paper mills; paperboard, builders, paper and board mills; meat product and rendering processing; HASERT. (TAKING INTO ALL UNIT REDULTION) 35 36 37 38 39 40 dairy product processing; 50-223-71 14 15 18 19 glass and asbestos manufacturing; timber products processing. "(B) Within 60 days after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator 16 shall propose regulations, establishing Federal standards of per17 formance for new sources within such category. The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he 20 shall promulgate, within 60 days after such publication, such standards with such modifications as he deems appropriate. The Administrator 22 shall, from time to time, as technology changes revise such standards 23 following the procedure required by this subsection for promulgation 24 of such standards. Standards of performance or revisions thereof shall 25 become effective upon promulgation. 21 26 "(2) The Administrator may distinguish among classes, types, and 27 sizes within categories of new sources for the purpose of establishing 28 such standards. 29 [48) The Administrator shall, from time to time, ique information 30 on pollution control techniques, process change and other words = {(0347[po) Hansen to implement standarde of performance applicable to 32 categories of nou sources subject to the provisions of thin 31 33 "(4) The provisions of this section shall apply to any new source 34 owned or operated by the United States. 35 36 "(e)(1) Each State may develop and submit to the Administrator a procedure for implementing and enforcing standards of performance 37 for new sources located in such State. If the Administrator finds the 38 State procedure is adequate he shall delegate to such State any 39 authority he has under this Act to implement and enforce such standards (except with respect to new sources owned or operated by the United States). 40 41 42 "(2) Nothing in this subsection shall prohibit the Administrator 43 from enforcing under section 309, any applicable standard of per44 formance under this section. 45 "(d) After the effective date of standards of performance promul46 gated under this section, it shall be unlawful for any owner or operator 47 of any new source to operate such source in violation of any standard 48 of performance applicable to such source. COMMENTS 16 17 19 Vanadium Orthonitrochlorobenzene; and Polychlorinated biphenyls "(b) For the purpose of establishing a prohibition under this section, the Administrator shall, within 90 days after the date of enactment of the National Water Quality Standards Act of 1971, publish (and shall from time to time thereafter revise) a list of toxic water 20 pollutants or combinations of such pollutants in addition to those listed in subsection (a) of this section. Publication of such a list, or 22 revision thereof, shall be accompanied by a notice of a public hearing 23 within 30 days. As soon as possible after such hearing, but not later 24 than 90 days after such publication, the Administrator shall promul25 gate such list or revision thereof, which such pollutants shall be subject to a prohibition of discharge under subsection (s) of this section. "(c)(1) Within days after the date of enactment of the National Water Quality Standards Act of 1971, the Administrator shall publish (and from time to time thereafter revise) a list of pollutants which are not susceptible to treatment by conventional secondary treatment methods and for which he intends to establish effluent standards under this section. "(2) Within days after the publication of such list, the Adminis trator shall publish proposed regulations establishing effluent standards for such pollutants together with a notice of a public hearing 36 within 30 days. Not later than 90 days after such publication, the Administrator shall promulgate such effluent standards. Effluent standards under this subsection shall specify a time for compliance and shall be established upon the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the latest available control technology, processes, operating 42 methods or other alternatives applicable to such pollutant. "(3) When proposing or promulgating any effluent standard under 44 this section, the Administrator shall designate the category or cate 46 45 gories of sources to which the effluent standard shall apply. "(d)(1) Each State may develop and submit to the Administrator a 47 procedure for implementing and enforcing prohibitions of discharge 9 10 and effluent standards under this section "INSPECTIONS, MONITORING AND ENTRY 308. (a, For the purpose (t) of developing or assisting in the 11 development of any water quality standards, implementation plans, 12 effluent limitations schedules or timetables for compliance, prohibi 13 itions or effluent standards or standards of performance; (m) of deter14 mining whether any person is in violation of any such water quality 15 standard, implementation plan, effluent limitation, prohibition or effluent standard, or standard of performance; or (iii) requirement estab 17 shed under this section, or (ii) of carrying out section 504 of this 16 18 Act 19 "(1) the Administrator Chatirequire the owner or operator of any effluent source to (A) establish and maintain such records, (B) make such reports, (C) install, use, and maintain such monitoring equipment or methods, including where appropriate, biological monitoring methods, (D) sample such effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and 26 (E) provide such other information as he may reasonably require; 44 and "(2) the Administrator or his authorized representative, upon presentation of his credentials (A) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under paragraph (1) of this subsection are located, and B) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph (1), and sample any effluents which the owner or operator of such source is required to sample under paragraph (1). "(b)(1) Each State shall develop and submit to the Administrator a procedure for carrying out this section in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has to carry out this section (except with respect to sources owned or operated by the United States) "(2) Nothing in this subsection shall prohibit the Administrator 45 from carrying out in a State, at anytime, the authority granted under this section. 46 47 48 49 "(e) Any records, reports, or information obtained under this section shall be available to the public as provided in subsection (e) of section 301, except that upon a showing satisfactory to the 1 2 3 4 STAFF PRINT Administrator by any person that records, reports, or information or particular part thereof (other than effluent data), to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets 5 of such person, the Administrator shall consider such record, re6 port or information, or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act. 7 8 9 10 11 19 20 21 27 Administrator's notification and the State has not commenced, or is not prosecuting vigorously, appropriate enforcement under an approved implementation plan, the Administrator shall issue an order 22 requiring such person to comply with the requirements of such plan 23 or he shall bring a civil action in accordance with subsection (b). 24 "(2) Whenever, on the basis of information available to him, the 25 Administrator finds that violations of an applicable implementation 26 plan, including effluent limitations, are so widespread that such violations appear to result from a failure of the State in which the plan 28 applies to enforce the plan effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth 30 day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when 32 such State satisfies the Administrator that it will enforce such plan (hereafter referred to in this section as 'period of Federally assumed 34 enforcement'), the Administrator halfenforce any requirement of such 35 plan with respect to any person 29 31 33 36 37 28 39 "(A) by issuing an order to comply with such requirement, or "(3) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of section 306 40 (related to new source performance standards) or 307 (relating to toxic pollutants), or is in violation of any requirement of section 308 42 (relating to inspections, etc.), he had issue an order fequiring such 43 person to comply with such section or requirement, or be shellbring a civil action in accordance with subsection (b). COMMENTS 60-223-71-8 |