PUBLIC LAW 100-4—FEB. 4, 1987
101 STAT. 31
pollutant which the Administrator lists under paragraph (4) of this subsection. "(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that—". (b) PROCEDURE FOR LISTING ADDITIONAL POLLUTANTS; REMOVAL.—
Section 301(g) is further amended by adding at the end thereof the following new paragraphs:
Ante, p. 30.
"(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.—
"(A) GENERAL AUTHORITY.—Upon petition of any person,
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the Administrator may add any pollutant to the list of pollutants for which modification under this section is authorized (except for pollutants identified pursuant to section 304(a)(4) of this Act, toxic pollutants subject to section 33 USC 1314. 307(a) of this Act, and the thermal component of discharges) 33 USC 1317. in accordance with the provisions of this paragraph. "(B) REQUIREMENTS FOR LISTING.—
"(i) SUFFICIENT INFORMATION.—The person petition-
ing for listing of an additional pollutant under this subsection shall submit to the Administrator sufficient information to make the determinations required by this subparagraph. "(ii) TOXIC CRITERIA DETERMINATION.—The Adminis-
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trator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 307(a) of this Act. "(iii) LISTING AS TOXIC POLLUTANT.—If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 307(a), the Administrator shall list the pollutant as a toxic pollutant under section 307(a). "(iv) NONCONVENTIONAL CRITERIA DETERMINATION.—
If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Administrator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection.
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"(C) REQUIREMENTS FOR FILING OF PETITIONS.—A petition
for listing of a pollutant under this paragraph— "(i) must be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304; "(ii) may be filed before promulgation of such guideline; and "(iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant. "(D) DEADLINE FOR APPROVAL OF PETITION.—A decision to
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add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulgation of an applicable effluent guideline under section 304.
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