PUBLIC LAW 95-217—DEC. 27, 1977
91 STAT. 1583
"(D) for all toxic pollutants listed under paragraph (1) of subsection (a) of section 307 of this Act which are not referred to Post, p. 1589. in subparagraph (C) of this paragraph compliance with effluent limitations in accordance with subparagraph (A) of this paragraph not later than three years after the date such limitations are established; " (E) not later than July 1, 1984, effluent limitations for categories and classes of point sources, other than publicly owned treatment works, which in the case of pollutants identified pursuant to section 304(a)(4) of this Act shall require application Post, p. 1587. of the best conventional pollutant control technology as determined in accordance with regulations issued by the Administrator pursuant to section 304(b)(4) of this Act; and " (F) for all pollutants (other than those subject to subparagraphs (C), (D), or (E) of this paragraph) compliance with effluent limitations in accordance with subparagraph (A) of this paragraph not later than 3 years after the date such limitations are established, or not later than July 1, 1984, whichever is later, but in no case later than July 1, 1987.". (b) Paragraph (2)(A) of section 301(b) of the Federal Water Pollution Control Act is amended by striking out "not later than 33 USC 1311. July 1, 1983," and inserting in lieu thereof "for pollutants identified in subparagraphs (C), (D), and (F) of this paragraph,". WAIVER FOR CERTAIN
POLLUTANTS
SEC. 43. Section 301 of the Federal Water Pollution Control Act is Modifications, amended by adding at the end thereof the following new subsection: " (g)(1) The Administrator, with the concurr-ence of the State, shall modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge of any pollutant (other than pollutants identified pursuant to section 304(a)(4) of this Act, toxic pollutants subject to section 307(a) of this Act, and the thermal component of discharges) from any point source upon a showing by the owner or operator of such point source satisfactory to the Administrator that— "(A) such modified requirements will result at a minimum in compliance with the requirements of subsection (b)(1)(A) or (C) of this section, whichever is applicable; "(B) such modified requirements will not result in any additional requirements on any other point or nonpoint source; and "(C) such modification will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and such modification will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity or teratogenicity), or synergistic propensities. " (2) If an owner or operator of a point source applies for a modifi- Application, cation under this subsection with respect to the discharge of any eligibility, pollutant, such owner or operator shall be eligible to apply for modification under subsection (c) of this section with respect to such pollutant only durinpr the same time period as he is eligible to apply for a modification under this subsection.".
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