101 STAT. 68
Ante, pp. 30, 35; 33 USC 1326. •*-SI /ajg:;
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33 USC 1313.
PUBLIC LAW 100-4—FEB. 4, 1987 "(B)(i) information is available which was not available at (H the time of permit issuance (other than revised regulations, TO guidance, or test methods) and which would have justified M the application of a less stringent effluent limitation at the time of permit issuance; or -otq h "(ii) the Administrator determines that technical misJtij lo takes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B); a,g c "(C) a less stringent effluent limitation is necessary bete cause of events over which the permittee has no control and I-" for which there is no reasonably available remedy; "(D) the permittee has received a permit modification under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or ^_, 316(a); or "(E) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous ffdt JB permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the c-y, h previous effluent limitations, in which case the limitations lU in the reviewed, reissued, or modified permit may reflect
- 3;jthe level of pollutant control actually achieved (but shall
not be less stringent than required by effluent guidelines in ^e*effect at the time of permit renewal, reissuance, or ,/ modification). i- Subparagraph (B) shall not apply to any revised waste load allocations or any alternative grounds for translating water
- quality standards into effluent limitations, except where the
cumulative effect of such revised allocations results in a de• i crease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of lyp a discharger eliminating or substantially reducing its discharge ( of pollutants due to complying with the requirements of this Act or for reasons otherwise unrelated to water quality. "(3) LIMITATIONS.—In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or modified to bi' contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit «!* to discharge into waters be renewed, reissued, or modified to V contain a less stringent effluent limitation if the implementa'Uf tion of such limitation would result in a violation of a water quality standard under section 303 applicable to such waters.". (b) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.—
Section 303(d) of the Act is amended by adding at the end thereof the following new paragraph: ^ •
"(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA-
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TIONS.—
"(A) STANDARD NOT ATTAINED.—For waters identified
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under paragraph (1)(A) where the applicable water quality standard has not yet been attained, any effluent limitation rL' < 5 based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative effect of all such revised effluent i limitations based on such total maximum daily load or waste load allocation will assure the attainment of such water quality standard, or (ii) the designated use which is
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