An Act to amend the Federal Water Pollution Control Act
PL 92-500 (S.2770), enacted 10/18/1972

816 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
October 18, 1972 
[S.2770] 
Federal Water 
Pollution Control 
Act Amendments 
of 1972. 
70 Stat. 498; 
84 Stat. 91. 
33 u s e 1151 
note. 
Public Law 92-500 
AN ACT 
'*'' ''•-••-••-•* 
To amend the Federal Water Pollution Control Act. 
Be it enacted hy the Senate and House of Bepresentatwes 
of the 
United States of America in Conaress assemoled, That this Act may be 
cited as the "Federal Water Pollution Control Act Amendments of 
1972". 
SEC. 2. The Federal Water Pollution Control Act is amended to read 
as follows: 
"TITLE I—RESEARCH AND RELATED PROGRAMS 
(( 
Administration. 
DECLARATION OF GOALS AXD POLICY 
"SEC. 101. (a) The objective of this Act is to restore and maintain 
the chemical, physicalj and biological integrity of the Nation's waters. 
In order to achieve this objective it is hereby declared that, consistent 
with the provisions of this Act— 
" (1) it is the national ^oal that the discharge of pollutants into 
the navigable waters be eliminated by 1985; 
" (2) it is the national goal that wherever attainable, an interim 
goal of water quality which provides for the protection and 
propagation of fish, shellfish, and wildlife and provides for recrea-
tion in and on the water be achieved by July 1,1983; 
" (3) it is the national policy that the discharge of toxic pollut-
ants in toxic amounts be prohibited; 
"(4) it is the national policy that Federal financial assistance 
be provided to construct publicly owned waste treatment works; 
"(5) it is the national policy that area 
wide waste treatment 
management planning processes be developed and implemented 
to assure adequate control of sources of pollutants in each State; 
and 
" (6) it is the national policy that a major research and demon-
stration effort be made to develop technology necessary to elimi-
nate the discharge of pollutants into the navigable waters, waters 
of the contiguous zone, and the oceans. 
•'(b) It is the policy of the Congress to recognize, preserve, and 
protect the primary responsibilities and rights of States to prevent, 
reduce, and eliminate pollution, to plan the development and use (in-
cluding restoration, preservation, and enhancement) of land and 
water resources, and to consult with the Administrator in the exercise 
of his authority under this Act. It is further the policy of the Congress 
to support and aid research relating to the prevention, reduction, and 
elimination of pollution, and to provide Federal technical services and 
financial aid to State and interstate agencies and municipalities in con-
nection with the prevention, reduction, and elimination of pollution. 
"(c) It is further the policy of Congress that the President, act-
ing through the Secretary of State and such national and international 
organizations as he determines appropriate, shall take such action as 
may be necessary to insure that to the fullest extent possible all for-
eign countries shall take meaningful action for the prevention, reduc-
tion, and elimination of pollution in their waters and in international 
waters and for the achievement of goals regarding the elimination of 
discharge of pollutants and the improvement of water quality to at 
least the same extent as the LTnited States does under its laws. 
"(d) Except as otherwise expressly provided in this Act, the Ad-
ministrator of the Environmental Protection Agency (hereinafter in 
this Act called 'Administrator') shall administer this Act. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
817 
"(e) Public participation in the development, revision, and enforce-
ment of any regulation, standard, effluent limitation, plan, or program 
established by the Administrator or any State under this Act shall be 
provided for, encouraged, and assisted by the Administrator and the 
States. The Administrator, in cooperation with the States, shall de-
velop and publish regulations specifying minimum guidelines for pub-
lic participation in such processes. 
"(f) It is the national policy that to the maximum extent possible 
the procedures utilized for implementing this Act shall encourage the 
drastic minimization of paperwork and interagency decision proce-
dures, and the best use of available manpower and funds, so as to pre-
vent needless duplication and unnecessary delays at all levels of 
government. 
"COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL 
"SEC. 102. (a) The Administrator shall, after careful investigation, 
and in cooperation with other Federal agencies. State water pollution 
control agencies, interstate agencies, and the municipalities and 
industries involved, prepare or develop comprehensive programs for 
preventing, reducing, or eliminating the pollution of tne navigable 
waters and ground waters and improving the sanitary condition of 
surface and underground waters. In the development of such compre-
hensive programs due regard shall be given to the improvements which 
are necessary to conserve such waters for the protection and propaga-
tion of fish and aquatic life and wildlife, recrea;tional purposes, and 
the withdrawal of such waters for public water supply, agricultural, 
industrial, and other purposes. For the purpose of this section, the 
Administrator is authorized to make joint investigations with any 
such agencies of the condition of any waters in any State or States, 
and of the discharges of any sewage, industrial wastes, or substance 
which may adversely affect such waters. 
" (b) (1) In the survey or planning of any reservoir by the Corps of 
Engineers, Bureau of Reclamation, or other Federal agency, consid-
eration shall be given to inclusion of storage for regulation of stream-
flow, except that any such storage and water releases shall not be 
provided as a substitute for adequate treatment or other methods of 
controlling waste at the source. 
" (2) The need for and the value of storaj2e for regulation of stream-
flow (other than for water quality) including but not limited to navi-
gation, salt water intrusion, recreation, esthetics, and fish and wildlife, 
shall be determined by the Corps of Engineers, Bureau of Eeclama-
tion, or other Federal agencies. 
" (3) The need for, the value of, and the impact of, storage for water 
quality control shall be determined by the Administrator, and his 
views on these matters shall be set forth in any report or presentation 
to Congress proposing authorization or construction of any reservoir 
including such storage. 
"(4) The value of such storage shall be taken into account in deter-
mining the economic value of the entire project of which it is a part, 
and costs shall be allocated to the purpose of regulation of streamflow 
in a manner which will insure that all project purposes, share equitably 
in the benefits of multiple-purpose construction. 
"(5) Costs of reflation of streamflow features incorporated in 
anj Federal reservoir or other impoundment under the provisions of 
this Act shall be determined and the beneficiaries identified and if the 
benefits are widespread or national in scope, the costs of such features 
shall be nonreimbursable. 
Regulations. 
Water storage; 
report to Con-
gress. 
818 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(6) No license granted by the Federal Power Commission for a 
hydroelectric power project shall include storage for regulation of 
streamflow for the purpose of water quality control unless the Admin-
istrator shall recommend its inclusion and such reservoir storage ca-
pacity shall not exceed such proportion of the total storage required 
for the water quality control plan as the drainage area of such res-
ervoir bears to the drainage area of the river basin or basins involved 
in such water quality control plan. 
°''^"*^- 
" (c)(1) The Administrator shall, at the request of the Governor of a 
State, or a majority of the Governors when more than one State is in-
volved, make a grant to pay not to exceed 50 per centum of the ad-
ministrative expenses of a planning agency for a period not to exceed 
three years, which period shall begin after the date of enactment of the 
Ante, p. 816. 
Federal Water Pollution Control Act Amendments of 1972, if such 
agency provides for adequate representation of appropriate State, 
interstate, local, or (when appropriate) international interests in the 
basin or portion thereof involved and is capable of developing an effec-
tive, comprehensive water quality control plan for a basin or portion 
thereof. 
"(2) Each planning agency receiving a grant under this subsection 
shall develop a comprehensive pollution control plan for the basin or 
portion thereof which— 
"(A) is consistent with any applicable water quality standards, 
effluent and other limitations, and thermal discharge regulations 
established pursuant to current law within the basin; 
"(B) recommends such treatment works as will provide the most 
effective and economical means of collection, storage, treatment, 
and elimination of pollutants and recommends means to encourage 
both municipal and industrial use of such works; 
"(C) recommends maintenance and improA^ement of water 
quality within the basin or portion thereof and recommends 
methods of adequately financing those facilities as may be neces-
sary to implement the plan; and 
"(D) as appropriate, is developed in cooperation with, and is 
consistent with any comprehensive plan prepared by the Water 
Resources Council, any areawdde waste management plans devel-
oped pursuant to section 208 of this Act, and any State plan 
developed pursuant to section 303 (e) of this Act. 
"Basin." 
"(3) JTQJ. ^he purposes of this subsection the term 'basin' includes, 
but is not limited to, rivers and their tributaries, streams, coastal 
waters, sounds, estuaries, bays, lakes, and portions thereof, as well as 
the lands drained thereby. 
"iXTERSTATE COOPERATIOX AXD UXIFORM LAW^S 
"SEC. 103. (a) The Administrator shall encourage cooperative activ-
ities by the States for the prevention, reduction, and elimination of 
pollution, encourage the enactment of improved and, so far as prac-
ticable, uniform State laws relating to the prevention, reduction, and 
elimination of pollution; and encourage compacts between States for 
the prevention and control of pollution. 
Consent o
f 
^^(h) The couscnt of the Congress is hereby given to two or more 
States to negotiate and enter into agreements or compacts, not in 
conflict with any law or treaty of the United States, for (1) coopera-
tive effort and mutual assistance for the prevention and control of 
pollution and the enforcement of their respective laws relating thereto, 
and (2) the establishment of such agencies, joint or otherwise, as they 
may deem desirable for making effective such agreements and com-
pacts. No such agreement or compact shall be binding or obligatory 
Congress. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
819 
upon any State a party thereto unless and until it has been approved 
by the Congress. 
"RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION 
"SEC. 104. (a) The Administrator shall establish national programs 
for the prevention, reduction, and elimination of pollution and as part 
of such programs shall— 
"(1) in cooperation with other Federal, State, and local agen-
cies, conduct and promote the coordination and acceleration of, 
research, investigations, experiments, training, demonstrations, 
surveys, and studies relating to the causes, effects, extent, preven-
tion, reduction, and elimination of pollution; 
"(2) encourage, cooperate with, and render technical services 
to pollution control agencies and other appropriate public or pri-
vate agencies, institutions, and organizations, and individuals, 
including the general public, in the conduct of activities referred 
to in paragraph (1) of this subsection; 
"(3) conduct, in cooperation with State water pollution con-
trol agencies and other interested agencies, organizations and 
persons, public investigations concerning the pollution of any 
navigable waters, and report on the results of such investigations; 
"(4) establish advisory committees composed of recognized 
experts in various aspects of pollution and representatives of the 
" 
' '^ 
public to assist in the examination and evaluation of research 
'" 
progress and proposals and to avoid duplication of research; 
" (5) in cooperation with the States, and their political subdivi- g^^^^fj"".''"^^'^^.. 
sions, and other Federal agencies establish, equip, and maintain t"m^^epo"t^r ^^''" 
a water quality surveillance system for the purpose of mon-
itoring: the quality of the navigable waters and ground waters 
and the contiguous zone and the oceans and the Administrator 
shall, to the extent practicable, conduct such surveillance by 
utilizing the resources of the National Aeronautics and Space 
Administration, the National Oceanic and Atmospheric Admin-
istration, the Geological Survey, and the Coast Guard, and shall 
report on such quality in the report required under subsection 
(a) of section 516; and 
"(6) initiate and promote the coordination and acceleration of 
Report to con-
research designed to develop the most effective practicable tools 
and techniques for measuring the social and economic costs and 
benefits of activities which are subject to regulation under this 
Act; and shall transmit a report on the results of such research 
to the Congress not later than January 1, 1974. 
"(b) In carrying out the provisions of subsection (a) of this sec-
tion the Administrator is authorized to— 
"(1) collect and make available, through publications and 
other appropriate means, the results of and other information, 
including appropriate recommendations by him in connection 
therewith, pertaining to such research and other activities referred 
to in paragraph (1) of subsection (a); 
"(2) cooperate with other Federal departments and agencies. 
State water pollution control agencies, interstate agencies, other 
public and private agencies, institutions, organizations, indus-
tries involved, and individuals, in the preparation and conduct 
of such research and other activities referred to in paragraph 
(1) of subsection (a) ; 
gress. 
820 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Pollutant ef-
fects, study. 
HEW, 
tion. 
Field research 
laboratories. 
Great Lakes, 
water quality 
research. 
L -' 
"(3) make grants to State water pollution control agencies, 
interstate agencies, other public or nonprofit private agencies, 
institutions, organizations, and individuals, for purposes stated 
in paragraph (1) of subsection (a) of this section; 
"(4) contract with public or private agencies, institutions, 
organizations, and individuals, without regard to sections 3648 
and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), 
referred to in paragraph (1) of subsection (a) ; 
"(5) establish and maintain research fellowships at public or 
nonprofit private educational institutions or research organi-
zations ; 
" (6) collect and disseminate, in cooperation with other Federal 
departments and agencies, and with other public or private agen-
cies, institutions, and organizations having related responsibili-
ties, basic data on chemical, physical, and biological ett'ects of 
varying water quality and other information pertaining to pollu-
tion and the prevention, reduction, and elimination thereof; and 
"(7) develop effective and practical processes, methods, and 
prototype devices for the prevention, reduction, and elimination 
of pollution. 
"(c) In carrying out the provisions of subsection (a) of this section 
the Administrator shall conduct research on, and survey the results of 
other scientific studies on, the harmful effects on the health or welfare 
of persons caused by pollutants. In order to avoid duplication of effort, 
the Administrator shall, to the extent practicable, conduct such 
research in cooperation with and through the facilities of the Secre-
tary of Health, Education, and Welfare. 
"(d) In carrying out the provisions of this section the Administrator 
shall develop and demonstrate under varied conditions (including 
conducting such basic and applied research, studies, and experiments 
as may be necessary) : 
"(1) Practicable means of treating municipal sewage, and 
other waterborne wastes to implement the requirements of sec-
tion 201 of this Act; 
"(2) Improved methods and procedures to identify and meas-
ure the effects of pollutants, including those pollutants created 
by new technological developments; and 
"(3) Methods and procedures for evaluating the effects on 
water quality of augmented streamflows to control pollution not 
susceptible 
to 
other 
means 
of 
prevention, 
reduction, 
or 
elimination. 
"(e) The Administrator shall establish, equip, and maintain field 
laboratory and research facilities, including, but not limited to, one 
to be located in the northeastern area of the United States, one in the 
Middle Atlantic area, one in the southeastern area, one in the mid-
western area, one in the southwestern area, one in the Pacific North-
west, and one in the State of Alaska, for the conduct of r-esearch, 
investigations, experiments, field demonstrations and studies, and 
training relating to the prevention, reduction and elimination of 
pollution. Insofar as practicable, each such facility shall be located 
near institutions of higher learning in which graduate training in 
such research might be carried out. In conjunction with the develop-
ment of criteria under section 403 of this Act, the Administrator shall 
construct the facilities authorized for the National Marine Water 
Quality Laboratory established under this subsection. 
"(f) The Administrator shall conduct research and technical devel-
opment work, and make studies, with respect to the quality of the 
waters of the Great Lakes, including an analysis of the present and 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
821 
projected future water quality of the Great Lakes under varying 
conditions of waste treatment and disposal, an evaluation of the water 
quality needs of those to be served by such waters, an evaluation of 
municipal, industrial, and vessel waste treatment and disposal prac-
tices with respect to such waters, and a study of alternate means of 
solving pollution problems (including additional waste treatment 
measures) with respect to such waters. 
" (ff) (1) For the purpose of providing an adequate supply of trained 
Treatment 
^fe' ^ ,', 
,
1 
• i 
• 
• j ^ ' 
1 je 1. 
J. 
J. 
J. 
1 
works, pilot train-
personnel to operate and maintain existing and luture treatment works ing programs. 
and related activities, and for the purpose of enhancing substantially 
the proficiency of those engaged in such activities, the Administrator 
shall finance pilot programs, in cooperation with State and interstate 
agencies, municipalities, educational institutions, and other organi-
zations and individuals, of manpower development and training and 
;.. 
' ^ 
retraining of persons in, on entering into, the field of operation and 
maintenance of treatment works and related activities. Such program 
and any funds expended for such a program shall supplement, not 
supplant, other manpower and training programs and funds avail-
able for the purposes of this paragraph. The Administrator is author-
ized, under such terms and conditions as he deems appropriate, to 
enter into agreements with one or more States, acting jointly or sever- 
' 
ally, or with other public or private agencies or institutions for the 
development and implementation of such a program. 
" (2) The Administrator is authorized to enter into agreements with- ^^^^"/J^^"^^ 
public and private agencies and institutions, and individuals to f^g, ^' 
develop and maintain an effective system for forecasting the supply of, 
and demand for, various professional and other occupational cate-
gories needed for the prevention, reduction, and elimination of pollu- 
' , -' 
tion in each region. State, or area of the United States and, from time 
to time, to publish the results of such forecasts. 
"(3) In furtherance of the purposes of this Act, the Administrator 
is authorized to— 
"(A) make grants to public or private agencies and institutions 
and to individuals for training projects, and provide for the con-
duct of training by contract with public or private agencies and 
institutions and with individuals without regard to sections 3648 
and 3709 of the Revised Statutes; 
. 
. 
fi Ksc s?^' 
"(B) establish and maintain research fellowships in the Envi-
ronmental Protection Agency with such stipends and allowances, 
including traveling and subsistence expenses, as he may deem 
necessary to procure the assistance of the most promising research 
fellows; and 
"(C) provide, in addition to the program established under 
paragraph (1) of this subsection, training in technical matters 
relating to the causes, prevention, reduction, and elimination of 
' „ 
pollution for personnel of public agencies and other persons with 
-
suitable qualifications. 
"(4) The Administrator shall submit, through the President, a pr^si'dent'°trans. 
report to the Congress not later than December 31,1973, summarizing miua'i t""con^"^' 
the actions taken under this subsection and the effectiveness of such grass. 
actions, and setting forth the number of persons trained, the occupa-
tional categories for which training was provided, the effectiveness of 
other Federal, State, and local training programs in this field, together 
with estimates of future needs, recommendations on improving train-
ing programs, and such other information and recommendations, 
including legislative recommendations, as he deems appropriate. 
"(h) The Administrator is authorized to enter into contracts with. 
^^^^ poiiutioin. 
or make grants to, public or private agencies and organizations and 
822 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Oil pollution 
control, studies. 
Publication in 
Federal Register. 
Vessels, solid 
waste disposal 
equipment. 
Report to 
Congress. 
Land acquisi-
tion. 
Pesticides, 
effects and con-
trol. 
iiiclividuals for (A) the purpose of developing and demonstrating new 
or improved methods for the prevention, removal, reduction, and elim-
ination of pollution in lakes, including the undesirable effects of 
nutrients and vegetation, and (B) the construction of publicly owned 
research facilities for such purpose. 
"(i) The Administrator, in cooperation with the Secretary of the 
department in which the Coast Guard is operating, shall— 
"(1) engage in such research, studies, experiments, and demon-
strations as he deems appropriate, relative to the removal of oil 
from any waters and to the prevention, control, and elimination 
of oil and hazardous substances pollution; 
"(2) publish from time to time the results of such activities; 
and 
"(3) from time to time, develop and publish in the Federal 
Register specifications and other technical information on the 
various chemical compounds used in the control of oil and hazard-
ous substances spills. 
In carrying out this subsection, the Administrator may enter into con-
tracts with, or make grants to, public or private agencies and organiza-
tions and individuals. 
"(j) The Secretary of the department in which the Coast Guard 
is operating shall engage in such research, studies, experiments, and 
demonstrations as he deems appropriate relative to equipment which 
is to be installed on board a vessel and is designed to receive, retain, 
treat, or discharge human body wastes and the wastes from toilets 
and other receptacles intended to receive or retain body wastes with 
particular emphasis on equipment to be installed on small recreational 
vessels. The Secretary of the department in which the Coast Guard 
is operating shall report to Congress the results of such research, 
studies, experiments, and demonstrations prior to the effective date 
of any re^ilations established under section 312 of this Act. In carry-
ing out this subsection the Secretary of the department in which the 
Coast Guard is operating may enter into contracts with, or make 
grants to, public or private organizations and individuals. 
"(k) In carrying out the provisions of this section relating to the 
conduct by the Administrator of demonstration projects and the 
development of field laboratories and research facilities, the Adminis-
trator may acquire land and interests therein by purchase, with appro-
priated or donated funds, by donation, or by exchange for acquired 
or public lands under his jurisdiction which he classifies as suitable 
for disposition. The values of the properties so exchanged either shall 
be approximately equal, or if they are not approximately equal, the 
values shall be equalized by the payment of cash to the grantor or to 
the Administrator ns the circumstances require. 
"(1)(1) The Administrator shall, after consultation with appro-
priate local. State, and Federal agencies, public and private organiza-
tions, and interested individuals, as soon as practicable but not later 
than January 1, 1973, develop and issue to the States for the purpose 
of carrying out this Act the latest scientific knowledge available in 
indicating the kind and extent of effects on health and welfare which 
may be expected from the presence of pesticides in the water in vary-
ing quantities. He shall revise and add to such information whenever 
necessary to reflect developing scientific knowledge. 
"(2) The President shall, in consultation with appropriate local, 
State, and Federal agencies, public and private organizations, and 
interested individuals, conduct studies and investigations of methods 
to control the release of pesticides into the environment which study 
shall include examination of the persistency of pesticides in the water 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18,1972 
823 
environment and alternatives thereto. The President shall submit 
reports, from time to time, on such investigations to Congress together 
with his recommendations for any necessary legislation. 
"(m) (1) The Administrator shall, in an effort to prevent degrada-
tion of the environment from the disposal of waste oil, conduct a study 
of (A) the generation of used engine, machine, cooling, and similar 
waste oil, including quantities generated, the nature and quality of 
such oil, present collecting methods and disposal practices, and alter-
nate uses of such oil; (B) the long-term, chronic biological effects of 
the disposal of such waste oil; and (C) the potential market for such 
oils, including the economic and legal factors relating to the sale of 
products made from such oils, the level of subsidy, if any, needed to 
encourage the purchase by public and private nonprofit agencies of 
products from such oil, and the practicability of Federal procurement, 
on a priority basis, of products made from such oil. In conducting 
such study, the Administrator shall consult with affected industries 
and other persons. 
" (2) The Administrator shall report the preliminary results of such 
study to Congress within six months after the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, and shall 
submit a final report to Congress within 18 months after such date of 
enactment. 
" (n) (1) The Administrator shall, in cooperfition with the Secretary 
of the Army, the Secretary of Agriculture, the Water Resources Coun-
cil, and with other appropriate Federal, State, interstate, or local 
public bodies and private organizations, institutions, and individuals, 
conduct and promote, and encourage contributions to, continuing com-
prehensive studies of the effects of pollution, including sedimentation, 
in the estuaries and estuarine zones of the United States on fish and 
wildlife, on sport and commercial fishing, on recreation, on water sup-
ply and water power, and on other beneficial purposes. Such studies 
shall also consider the effect of demographic trends, the exploitation of 
mineral resources and fossil fuels, land and industrial development, 
navigation, flood and erosion control, and other uses of estuaries and 
estuarine zones upon the pollution of the waters therein. 
"(2) In conducting such studies, the Administrator shall assemble, 
coordinate, and organize all existing pertinent information on the 
Nation's estuaries and estuarine zones; carry out a program of investi-
gations and surveys to supplement existing information in representa-
tive estuaries and estuarine zones; and identify the problems and areas 
where further research and study are required. 
" (3) The Administrator shall submit to Congress, from time to time, 
reports of the studies authorized by th's subsection but at least one 
such report during any three year period. Copies of each such report 
shall be made available to all interested parties, public and private. 
" (4) For the purpose of this subsection, the term 'estuarine zones' 
means an environmental system consisting of an estuary and those 
transitional areas which are consistently influenced or affected by water 
from an estuary such as, but not limited to, salt marshes, coastal and 
intertidal areas, bays, harbors, lagoons, inshore waters, and channels, 
and the term 'estuary' means all or part of the mouth of a river or 
stream or other body of water having unimpaired natural connection 
with open sea and within which the sea water is measurably diluted 
with fresh water derived from land draina£:e. 
"(o)(l) The Administrator shall conduct research and investiga-
tions on devices, systems, incentives, pricing policy, and other meth-
ods of reducing the total flow of sewage, including, but not limited 
Reports to 
Congress. 
Waste oil dis-
posal. 
Reports to 
Congress. 
Estuaries, pol-
lution effects. 
Reports to 
Congress. 
"Estuary." 
Water, unneces" 
sary consumption. 
82-081 O - 73 - 55 
824 
PUBLIC L
A
W 92-500-OCT. 18, 1972 
[86 STAT. 
Reports to 
Congress. 
Ante, p. 816. 
Agricultural 
pollution. 
Rural sewage. 
Colleges, re-
search grants. 
"River Study 
Centers." 
Thermal dis-
charges. 
to, unnecessary water consumption in order to reduce the recjuire-
ments for, and the costs of, sewage and waste treatment services. 
Such research and investigations shall be directed to develop devices, 
systems, policies, and methods capable of achieving the maximum 
reduction of unnecessary water consumption. 
"(2) The Administrator shall report the preliminary results of 
such studies and investigations to the Congress within one year after 
the date of enactment of the Federal Water Pollution Control Act 
Amendments of 1972, and annually thereafter in the report required 
under subsection (a) of section 516. Such report shall include recom-
mendations for any legislation that may be required to provide for 
the adoption and use of devices, systems, policies, or other methods 
of reducing water consumption and reducing the total flow of sewage. 
Such report shall include an estimate of the benefits to be derived 
from adoption and use of such devices, systems, policies, or other 
methods and also shall reflect estimates of any increase in private, 
public, or other cost that would be occasioned thereby. 
"(p) In carrying out the provisions of subsection (a) of this section 
the Administrator shall, in cooperation with the Secretary of Agri-
culture, other Federal agencies, and the States, carry out a compre-
hensive study and research program to determine new and improved 
methods and the better application of existing methods of preventing, 
reducing, and eliminating pollution from agriculture, including the 
legal, economic, and other implications of the use of such methods. 
" (q) (1) The Administrator shall conduct a comprehensive program 
of I'esearch and investigation and pilot project implementation into 
new and improved methods of preventing, reducing, storing, collect-
ing, treating, or otherwise eliminating pollution from sewage in rural 
and other areas where collection of sewage in conventional, commu-
nity-wide sewage collection systems is impractical, uneconomical, or 
otherwise infeasible, or where soil conditions or other factors preclude 
the use of septic tank and drainage field systems. 
"(2) The Administrator shall conduct a comprehensive program of 
research and investigation and pilot project implementation into new 
and improved methods for the collection and treatment of sawage and 
other liquid wastes combined with the treatment and disposal of solid 
wastes. 
" (r) The Administrator is authorized to make grants to colleges and 
universities to conduct basic research into the structure and function 
of fresh water aquatic ecosystems, and to improve understanding of 
the ecological characteristics necessary to the maintenance of the 
chemical, physical, and biological integrity of freshwater aquatic 
ecosystems. 
" (s) The Administrator is authorized to make grants to one or more 
institutions of higher education (regionally located and to be desig-
nated as 'River Study Centers') for the purpose of conducting and 
reporting on interdisciplinary studies on the nature of river systems, 
including hydrology, biology, ecology, economics, the relationship 
between river uses and land uses, and the effects of development within 
river basins on river systems and on the value of water resources and 
water related activities. No such grant in any fiscal year shall exceed 
$1,000,000. 
"(t) The Administrator shall, in cooperation Avith State and Fed-
eral agencies and public and private organizations, conduct con-
tinuing comprehensive studies of the effects and methods of control 
of thermal discharges. In evaluating alternative methods of con-
trol the studies shall consider (1) such data as are available on the 
latest available technology, economic feasibility including cost-effec-
86 STAT.] 
PUBLIC LAW 92-500-OCT. la, 1972 
825 
Public infor-
mation. 
tiveness analysis, and (2) the total impact on the environment, con-
sidering not only water quality but also air quality, land use, and 
effective utilization and conservation of fresh water and other nat-
ural resources. Such studies shall consider methods of minimizing 
adverse effects and maximizing beneficial effects of thermal discharges. 
The results of these studies shall be reported by the Administrator 
as soon as practicable, but not later than 270 days after enactment 
of this subsection, and shall be made available to the public and the 
States, and considered as they become available by the Adrpinistrator 
in carrying out section 316 of this Act and by the States in proposing 
thermal water quality standards. 
"(u) There is authorized to be appropriated (1) $100,000,000 per 
Appropriations, 
fiscal year for the fiscal year ending June 30,1973, and the fiscal year 
ending June 30, 1974, for carrying out the provisions of this section 
other than subsections (g) (1) and (2), (p), (r), and (t); (2) not to 
exceed $7,500,000 for fiscal year 1973 for carrying out the provisions of 
subsection (g) (1); (3) not to exceed $2,500,000 for fiscal year 1973 for 
carrying out the provisions of subsection (g) (2); (4) not to exceed 
$10,000,000 for each of the fiscal years ending June 30, 1973, and 
June 30, 1974, for carrying out the provisions of subsection (p) ; (5) 
not to exceed $15,000,000 per fiscal year for the fiscal years ending 
June 30, 1973, and June 30, 1974, for carrying out the provisions of 
subsection (r) ; and (6) not to exceed $10,000,000 per fiscal year for 
the fiscal years ending June 30, 1973, and June 30, 1974, for carry-
ing out the provisions of subsection (t). 
GRANTS FOR RESEARCH AND DEVELOPMENT 
"SEC. 105. (a) The Administrator is authorized to conduct in the pr^"J'ctfo"^"*°^ 
Environmental Protection Agency, and to make grants to any State, Agency,°demon. 
municipality, or intermunicipal or interstate agency for the purpose stration projects, 
of assisting in the development of— 
"(1) any project which will demonstrate a new or improved 
method of preventing, reducing, and eliminating the discharge 
into any waters of pollutants from sewers which carry storm 
water or both storm water and pollutants; or 
" (2) any project which will demonstrate advanced waste treat-
ment and water purification methods (including the temporary 
use of new or improved chemical additives which provide sub-
stantial immediate improvement to existing treatment processes), 
•-amaui 
or new or improved methods of joint treatment systems for 
municipal and industrial wastes; 
and to include in such grants such amounts as are necessary for the 
purpose of reports, plans, and specifications in connection therewith. 
"(b) The Administrator is authorized to make grants to any State 
or States or interstate agency to demonstrate, in river basins or por-
tions thereof, advanced treatment and environmental enhancement 
techniques to control pollution from all sources, within such basins 
or portions thereof, including nonpoint sources, together with 
in stream water quality improvement techniques. 
"(c) In order to carry out the purposes of section 301 of this Act, 
the Administrator is authorized to (1) conduct in the Environmental 
Protection Agency, (2) make grants to persons, and (3) enter into 
contracts with persons, for research and demonstration projects for 
prevention of pollution of any waters by industry including, but not 
limited to, the prevention, reduction, and elimination of the discharge 
of pollutants. No grant shall be made for any project under this sub-
section unless the Administrator determines that such project will 
develop or demonstrate a new or improved method of treating 
826 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Limitations. 
Appropriation. 
industrial wastes or otherwise prevent pollution by industry, which 
method shall have industrywide application. 
" (d) In carrying out the provisions of this section, the Administra-
tor shall conduct, on a priority basis, an accelerated effort to develop, 
refine, and achieve practical application of: 
"(1) waste management methods applicable to point and non-
point sources of pollutants to eliminate the discharge of pollut-
ants, including, but not limited to, elimination of runoff of 
pollutants and the effects of pollutants from inplace or accumu-
lated sources; 
"(2) advanced waste treatment methods applicable to point 
and nonpoint sources, including inplaoe or accumulated sources of 
pollutants, and methods for reclaiming and recycling water and 
confining pollutants so they will not migrate to cause water or 
other environmental pollution; and 
"(3) improved methods and procedures to identify and meas-
ure the effects of pollutants on the chemical, physical, and bio-
logical integrity of water, including those pollutants created by 
new technological developments. 
"(e) (1) The Administrator is authorized to (A) make, in consulta-
tion with the Secretary of Agriculture, grants to persons for research 
and demonstration projects with respect to new and improved methods 
of preventing, reducing, and eliminating pollution from agriculture, 
and (B) disseminate, in cooperation with the Secretary of Agriculture, 
such information obtained under this subsection, section 104(p), and 
section 304 as will encourage and enable the adoption of such methods 
in the agricultural industry. 
"(2) The Administrator is authorized, (A) in consultation with 
other interested Federal agencies, to make grants for demonstration 
projects with respect to new and improvea methods of preventing, 
reducing, storing, collecting, treating, or otherwise eliminating pollu-
tion from sewage in i-ural and other areas where collection of sewage 
in conventional, community-wide sewage collection systems is imprac-
tical, uneconomical, or otherwise inf easible, or where soil conditions or 
other factors preclude the use of septic tank and drainage field sys-
tems, and (B) in cooperation with other interested Federal and State 
agencies, to disseminate such information obtained under this subsec-
tion as will encourage and enable the adoption of new and improved 
methods developed pursuant to this subsection. 
"(f) Federal grants under subsection (a) of this section shall be 
subject to the following limitations: 
" (1) No grant shall be made for any project unless such project 
shall have been approved hj the appropriate State water pollu-
tion control agency or agencies and by the Administrator ; 
"(2) No grant shall be made for any project in an amount 
exceeding 75 per centum of cosft thereof as determined by the 
Administrator; and 
" (3) No grant shall be made for any project unless the Admin-
istrator determines that such project will serve as a useful 
demonstration for the purpose set forth in clause (1) or (2) of 
subsection (a). 
"(g) Federal grants under subsections (c) and (d) of this section 
sliall not exceed 75 per centum of the cost of the project. 
" (h) For the purpose of this section there is authorized to be appro-
priated $75,000,000 per fiscal year for the fiscal year ending June 30, 
1973, and the fiscal year ending June 30, 1974, and from such ai)pro-
priations at least 10 per centum of the funds actually appropriated 
in each fiscal year shall be available only for the purposes of subsec-
tion (e). 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
827 
"GRANTS FOR POLLUTION CONTROL PROGRAMS 
''SEC. 106. (a) There are hereby authorized to be appropriated the 
following sums, to remain available until expended, to carry out the 
purposes of this section— 
"(1) $60,000,000 for the fiscal year ending June 30, 1973; and 
"(2) $75,000,000 for the fiscal year ending June 30,1974; 
for grants to States and to interstate agencies to assist them in admin-
istering programs for the prevention, reduction, and elimination of 
pollution, including enforcement directly or through appropriate 
State law enforcement officers or agencies. 
"(b) From the sums appropriated in any fiscal year, the Adminis-
trator shall make allotments to the several States and interstate agen-
cies in accordance with regulations promulgated by him on the basis 
of the extent of the pollution problem in the respective States. 
"(c) The Administrator is authorized to pay to each State and 
interstate agency each fiscal year either— 
"(1) the allotment of such State or agency for such fiscal year 
under subsection (b), or 
"(2) the reasonable costs as determined by the Administrator 
of developing and carrying out a pollution program by such State 
or agency during such fiscal year, 
which ever amount is the lesser. 
"(d) No grant shall be made under this section to any State or 
interstate agency for any fiscal year when the expenditure of non-
Federal funds by such State or interstate agency during such fiscal 
year for the recurrent expenses of carrying out its pollution control 
program are less than the expenditure by such State or interstate 
agency of non-Federal funds for such recurrent program expenses 
during the fiscal year ending June 30, 1971. 
"(e) Beginning in fiscal year 1974 the Administrator shall not make 
any grant under this section to any State which has not provided or is 
not carrying out as a part of its program— 
" (1) the establishment and operation of appropriate devices, meth-
ods, systems, and procedures necessary to monitor, and to compile and 
analyze data on (including classification according to eutrophic con-
dition), the quality of navigable waters and to the extent practicable, 
ground waters including biological monitoring; and provision for 
annually updating such data and including it in the report required 
under section 305 of this Act; 
" (2) authority comparable to that in section 504 of this Act and ade-
quate contingency plans to implement such authority. 
"(f) Grants shall be made under this section on condition that— 
"(1) Such State (or interstate agency) files with the Administrator 
within one hundred and twenty days after the date of enactment of this 
section: 
"(A) a summary report of the current status of the State pol-
lution control program, including the criteria used by the State 
in determining priority of treatment works; and 
"(B) such additional information, data, and reports as the 
Administrator may require. 
"(2) No federally assumed enforcement as defined in section 309 
(a) (2) is in effect with respect to such State or interstate agency. 
"(3) Such State (or interstate agency) submits within one hundred 
and twenty days after the date of enactment of this section and before 
July 1 of each year thereafter for the Administrator's approval its 
program for the prevention, reduction, and elimination of pollution 
in accordance with purposes and provisions of this Act in such form 
and content as the Administrator may prescribe. 
state programs, 
appropriations. 
Allotments. 
Limitations. 
Conditions. 
828 
PUBLIC L
A
W 92-500-OCT. 18, 1972 
[86 STAT. 
"(g) Any sums allotted under subsection (b) in any fiscal year which 
are not paid shall be reallotted by the Administrator in accordance 
with regulations promulgated by him. 
79 Stat. 21; 
81 Stat. 266; 
83 Stat. 215. 
40 use app, 
403. 
79 Stat. 5; 
85 Stat. 173. 
40 use app. 
Federal partici-
pation, conditions. 
Appropriation. 
Federal-State 
cooperation. 
'MINE WATER POLLUTION CONTROL DEMONSTRATIONS 
"SEC. 107. (a) The Administrator in cooperation with the Appalach-
ian Kegional Commission and other Federal agencies is authorized to 
conduct, to make grants for, or to contract for, projects to demonstrate 
comprehensive approaches to the elimination or control of acid or 
other mine water pollution resulting from active or abandoned mining 
operations and other environmental pollution affecting water quality 
within all or part of a watershed or river basin, including siltation 
from surface mining. Such projects shall demonstrate the engineer-
ing and economic feasibility and practicality of various abatement 
techniques which will contribute substantially to effective and prac-
tical methods of acid or other mine water pollution elimination or 
control, and other pollution affecting water quality, including tech-
niques that demonstrate the engineering and economic feasibility 
and practicality of using sewage ^udge materials and other municipal 
wastes to diminish or prevent pollution affecting water quality from 
acid, sedimentation, or other pollutants and in such projects to restore 
affected lands to usefulness for forestry, agricultiire, recreation, or 
other beneficial purposes. 
"(b) Prior to undertaking any demonstration project under this 
section in the Appalachian region (as defined in section 403 of the 
Appalachian Regional Development Act of 1965, as amended), the 
Appalachian Rej^ional Commission shall determine that such demon-
stration project is consistent with the objectives of the Appalachian 
Regional Development Act of 1965, as amended. 
'H^c) The Administrator, in selecting watersheds for the purposes 
of this section, shall be satisfied that the project area will not be affected 
adversely by the influx of acid or other mine water pollution from 
nearby sources. 
"(d) Federal participation in such projects shall be subject to the 
conditions— 
"(1) that the State shall acquire any land or interests therein 
necessary for such project; and 
" (2) that the State shall provide legal and practical protection 
to the project area to insure against any activities which will cause 
future acid or other mine water pollution. 
"(e) There is authorized to be appropriated $30,000,000 to carry 
out the provisions of this section, which sum shall be available until 
expended. 
"POLLUTION CONTROL I N GREAT LAKES 
"SEC. 108. (a) The Administrator, in cooperation with other Federal 
departments, agencies, and instrumentalities is authorized to enter 
into agreements with any State, political subdivision, interstate agency, 
or other public agency, or conibination thereof, to carry out one or 
more projects to demonstrate new methods and techniques and to 
develop preliminary plans for the elimination or control of pollution, 
within all or any part of the watersheds of the Great Lakes. Such 
projects shall demonstrate the engineering and economic feasibility 
and practicality of removal of pollutants and prevention of any pol-. 
luting matter from entering into the Great Lakes in the future and 
other reduction and remedial techniques which will contribute sub-
stantially to effective and practical methods of pollution prevention, 
reduction, or elimination. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18,1972 
829 
"(b) Federal participation in such projects shall be subject to the 
condition that the State, political subdivision, interstate agency, or 
other public agency, or combination thereof, shall pay not less than 
25 per centum of the actual project costs, which payment may be in 
any form, including, but not limited to, land or interests therein that 
is needed for the project, and personal property or services the value 
of which shall be determined by the Administrator. 
"(c) There is authorized to be appropriated $20,000,000 to carry 
out the provisions of subsections (a) and (b) of this section, which sum 
shall be available until expended. 
"(d)(1) In recognition of the serious conditions which exist in 
Lake Erie, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to design and develop a demonstration waste 
water management program for the rehabilitation and environmental 
repair of Lake Erie. Prior to the initiation of detailed engineering and 
design, the program, along with the specific recommendations of the 
Chief of Engineers, and recommendations for its financing, shall be 
submitted to the Congress for statutory approval. This authority is 
in addition to, and not in lieu of, other waste water studies aimed at 
eliminating pollution emanating from select sources around Lake Erie. 
" (2) This program is to be developed in cooperation with the Envi-
ronmental Protection Agency, other interested departments, agencies, 
and instrumentalities of the Federal Government, and the States and 
their political subdivisions. This program shall set forth alternative 
systems for managing waste water on a regional basis and shall pro-
vide local and State governments with a range of choice as to the type 
of system to be used for the treatment of waste water. These alterna-
tive sj^ems shall include both advanced waste treatment technology 
and land disposal systems including aerated treatment-spray irrigation 
technology and will also include provisions for the disposal of solid 
wastes, including sludge. Such program should include measures to 
control point sources of pollution, area sources of pollution, including 
acid-mine drainage, urban runoff and rural runoff, and in place sources 
of pollution, including bottom loads, sludge banks, and polluted harbor 
dredgings. 
"(e) There is authorized to be appropriated $5,000,000 to cany out 
the provisions of subsection (d) of this section, which sum shall be 
available until expended. 
Federal partici-
pation, condition. 
Appropriation. 
Lake Erie 
demonstration 
program. 
Alternative 
systems. 
Appropriation. 
TRAINING GRANTS AND CONTRACTS 
"SEC. 109. (a) The Administrator is authorized to make grants to 
or contracts with institutions of higher education, or combinations 
of such institutions, to assist them in planning, developing, strength-
ening, improving, or carrying out programs or projects for the prepa-
ration of undergraduate students to enter an occupation which involves 
the design, operation, and maintenance of treatment works, and other 
facilities whose purpose is water quality control. Such grants or con-
tracts may include payment of all or part of the cost of programs or 
projects such as— 
" (A) planning for the development or expansion of programs 
or projects for training persons in the operation and maintenance 
of treatment works ; 
"(B) training and retraining of faculty members; 
"(C) conduct of short-term or regular session institutes for 
study by persons engaged in, or preparing to engage in, the 
preparation of students preparing to enter an occupation involv-
ing the operation and maintenance of treatment works; 
Limitation. 
830 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(D) carrying out innovative and experimental programs of 
cooperative education involving alternate periods of full-time or 
part-time academic study at the institution and periods of full-
time or part-time employment involving the operation and main-
tenance of treatment works; and 
"(E) research into, and development of, methods of training 
students or faculty, including the preparation of teaching ma-
terials and the planning of curriculum. 
"(b) (1) The Administrator may pay 100 per centum of any addi-
tional cost of construction of a treatment works required for a facility 
to train and upgrade waste treatment works operation and mainte-
nance personnel. 
"(2) The Administrator shall make no more than one grant for 
such additional construction in any State (to serve a group of States, 
where, in his judgment, efficient training programs require multi-
State programs), and shall make such grant after consultation with 
and approval by the State or States on the basis of (A) the suitability 
of such facility for training operation and maintenance personnel for 
treatment works throughout such State or States; and (B) a commit-
ment by the State agency or agencies to carry out at such facility a 
program of training approved by the Administrator. 
"(3) The Administrator may make such grant out of the sums 
allocated to a State under section 205 of this Act, except that in no 
event shall the Federal cost of any such training facilities exceed 
$250,000. 
"APPLICATION" 
FOR 
TRAINING 
GRANT 
OR 
CONTRACT 
; 
ALLOCATION 
OF 
GRANTS 
OR CONTRACTS 
" S E C 110. (1) A grant or contract authorized by section 109 may be 
made only upon application to the Administrator at such time or 
times and containing such information as he may prescribe, except 
that no such application shall be approved unless it— 
"(A) sets forth programs, activities, research, or development 
for which a grant is authorized under section 109 and describes 
the relation to any program set forth by the applicant in an ap-
plication, if any, submitted pursuant to section 111; 
"(B) provides such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paid to the applicant under this 
section; and 
"(C) provides for making such reports, in such form and con-
taining such information, as the Administrator may require to 
carry out his functions under this section, and for keeping such 
records and for affording such access thereto as the Administrator 
may find necessary to assure the correctness and verification of 
such reports. 
"(2) The Administrator shall allocate grants or contracts under 
section 109 in such manner as will most nearly provide an equitable 
distribution of the grants or contracts throughout the United States 
among institutions of higher education which show promise of being 
able to use funds effectively for the purpose of this section. 
" (3) (A) Payment under this section may be used in accordance with 
regulations of the Administrator, and subject to the terms and condi-
tions set forth in an application approved under paragraph (1), to pay 
part of the compensation of students employed in connection with the 
operation and maintenance of treatment works, other than as an 
employee in connection with the operation and maintenance of treat-
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
831 
ment works or as an employee in any branch of the Government of the 
United States, as part of a program for which a grant has been 
approved pursuant to this section. 
"(B) Departments and agencies of the United States are encour-
aged, to the extent consistent with efficient administration, to enter 
into arrangements with institutions of higher education for the full-
time, part-time, or temporary employment, whether in the competi-
tive or excepted service, of students enrolled in programs set forth in 
applications approved under paragraph (1). 
"AWARD OF SCHOLARSHIPS 
"SEC. 111. (1) The Administrator is authorized to award scholar-
ships in accordance with the provisions of this section for undergradu-
ate study by persons who plan to enter an occupation involving the 
operation and maintenance of treatment works. Such scholarships shall 
be awarded for such periods as the Administrator may determine but 
not to exceed four academic years. 
"(2) The Administrator shall allocate scholarships under this sec-
tion among institutions of higher education with programs approved 
under the provisions of this section for the use of individuals accepted 
into such programs, in such manner and according to such plan as will 
insofar as practicable— 
"(A) provide an equitable distribution of such scholarships 
throughout the United States; and 
"(B) attract recent graduates of secondary schools to enter 
an occupation involving the operation and maintenance of 
treatment works. 
"(3) The Administrator shall approve a program of any institu-
tion of higher education for the purposes of this section only upon 
application by the institution and only upon his finding— 
"(A) that such program has a principal objective the educa-
tion and training of persons in the operation and maintenance 
of treatment works; 
"(B) that such program is in effect and of high quality, or can 
be readily put into effect and may reasonably be expected to be 
of high quality; 
"(C) that the application describes the relation of such pro-
gram to any program, activity, research, or development set 
forth by the applicant in an application, if any, submitted 
pursuant to section 110 of this Act; and 
"(D) that the application contains satisfactory assurances that 
(i) the institution will recommend to the Administrator for the 
award of scholarships under this section, for study in such pro-
gram, only persons who have demonstrated to the satisfaction of 
the institution a serious intent, upon completing the program, to 
enter an occupation involving the operation and maintenance of 
treatment works, and (ii) the institution will make reasonable 
continuing efforts to encourage recipients of scholarships under 
this section, enrolled in such program, to enter occupations involv-
ing the operation and maintenance of treatment works upon 
completing the program. 
"(4) (A) The Administrator shall p?ij to persons awarded scholar-
ships under this section such stipends (including such allowances for 
subsistence and other expenses for such persons and their dependents) 
as he may determine to be consistent with prevailing practices under 
comparable federally supported programs. 
832 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Regulations. 
79 Stat. 1269; 
82 Stat. 1042, 
1050. 
20 u s e 1141. 
Annual report. 
"(B) The Administrator shall (in addition to the stipends paid to 
persons under paragraph (1)) pay to the institution of higher educa-
tion at which such person is pursuing his course of study such amount 
as he may determine to be consistent with prevailing practices under 
comparable federally supported programs. 
"(5) A person awarded a scholarship under the provisions of this 
section shall continue to receive the payments provided in this section 
only during such periods as the Administrator finds that he is main-
taining satisfactory proficiency and devoting full time to study or 
research in the field in which such scholarship was awarded in an 
institution of higher education, and is not engaging in gainful 
employment other than employment approved by the Administrator 
by or pursuant to regulation. 
"(6) The Administrator shall by regulation provide that any per-
son awarded a scholarship under this section shall agree in writing 
to enter and remain in an occupation involving the design, operation, 
or maintenance of treatment works for such period after completion 
of his course of studies as the Administrator determines appropriate. 
"DEFINITIONS AND AUTHORIZATIONS 
"SEC. 112. (a) As used in sections 109 through 112 of this Act— 
"(1) The term 'institution of higher education' means an educa-
tional institution described in the first sentence of section 1201 of the 
Higher Education Act of 1965 (other than an institution of any agency 
of the United States) which is accredited by a nationally recognized 
accrediting agency or association approved by the Administrator for 
this purpose. For purposes of this subsection, the Administrator shall 
publish a list of nationally recognized accrediting agencies or associ-
ations which he determines to be reliable authority as to the quality 
of training offered. 
"(2) The term 'academic year' means an academic year or its equiv-
alent, as detennined by the Administrator. 
"(b) The Administrator shall annually report his activities under 
sections 109 through 112 of this Act, including recommendations for 
needed revisions in the provisions thereof. 
"(c) There are authorized to be appropriated $25,000,000 per fiscal 
year for the fiscal years ending June 30, 1973, and June 30, 1974, to 
carry out sections 109 through 112 of this Act. 
HEW, coopera-
tion. 
ALASKA VILLAGE DEMONSTRATION 
PROJECTS 
"SEC. 113. (a) The Administrator is authorized to enter into agree-
ments with the State of Alaska to carry out one or more projects to 
demonstrate methods to provide for central community facilities for 
safe water and elimination or control of pollution in those native 
villages of Alaska without such facilities. Such project shall include 
provisions for community safe water supply svstems, toilets, bathing 
and laundry facilities, sewage disposal facilities, and other similar 
facilities, and educational and informational facilities and programs 
relating to health and hygiene. Such demonstration projects shall be 
for the further purpose of developing preliminary plans for provid-
ing such safe water and such elimination or control of pollution for 
all native villages in such State. 
"(b) In carrying out this section the Administrator shall cooperate 
with the Secretary of Health, Education, and "Welfare for the purpose 
of utilizing such of the personnel and facilities of that Department as 
may be appropriate. 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18,1972 
833 
"(c) The Administrator shall report to Congress not later than 
July 1, 1973, the results of the demonstration projects authorized by 
this section together with his recommendations, including any neces-
sary legislation, relating to the establishment of a statewide program. 
"(d) There is authorized to be appropriated not to exceed $2,000,000 
to carry out this section. 
"LAKE TAIIOE STUDY 
"SEC. 114. (a) The Administrator, in consultation with the Tahoe 
Regional Planning Agencj', the Secretary of Agriculture, other Fed-
eral agencies, representatives of State and local governments, and 
members of the public, shall conduct a thorough and complete study 
on the adequacy of and need for extending Federal oversight and 
control in order to preserve the fragile ecology of Lake Tahoe. 
"(b) Such study shall include an examination of the interrelation-
ships and responsibilities of the various agencies of the Federal Gov-
ernment and State and local governments with a view to establishing 
the necessity for redefinition of legal and other arrangements between 
these various governments, and making specific legislative recommen-
dations to Congress. Such study shall consider the effect of various 
actions in terms of their environmental impact on the Tahoe Basin, 
treated as an ecosystem. 
" (c) The Administrator shall report on such study to Congress not 
later than one year after the date of enactment of this subsection. 
" (d) There is authorized to be appropriated to carry out this section 
not to exceed $500,000. 
a 
Report to Con-
gress. 
Appropriation. 
Report to Con-
gress. 
Appropriation. 
IN-PLACE TOXIC 
POLLUTANTS 
"SEC. 115. The Administrator is directed to identify the location of 
in-place pollutants with emphasis on toxic pollutants in harbors and 
navigable waterways and is authorized, acting through the Secretary 
of the Army, to make contracts for the removal and appropriate dis-
posal of such materials from critical port and harbor areas. There is 
authorized to be appropriated $15,000,000 to carry out the provisions 
of this section, which sum shall be available until expended. 
"TITLE II—GRANTS FOR CONSTRUCTION OF 
TREATMENT WORKS 
Appropriation. 
"PURPOSE 
"SEC. 201. (a) It is the purpose of this title to require and to assist 
the development and implementation of waste treatment management 
plans and practices which will achieve the goals of this Act. 
"(b) Waste treatment management plans and practices shall provide 
for the application of the best practicable waste treatment technology 
before any discharge into receiving waters, including reclaiming and 
recycling of water, and confined disposal of pollutants so they will not 
migrate to cause water or other environmental pollution and shall pro-
vide for consideration of advanced waste treatment techniques. 
"(c) To the extent practicable, waste treatment management shall be 
on an area 
wide basis and provide control or treatment of all point and 
nonpoint sources of pollution, including in place or accumulated pol-
lution sources. 
"(d) The Administrator shall encourage waste treatment manage-
ment which results in the construction of revenue producing facilities 
providing for— 
834 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Conditions. 
Rules and 
regulations. 
Ante, 
p. 816. 
•'(1) the recycling of potential sewage pollutants through the 
production of agriculture, silviculture, or aquaculture products, or 
any combination thereof; 
"(2) the confined and contained disposal of pollutants not 
recycled ; 
" (3) the reclamation of wastewater; and 
"(4) the ultimate disposal of sludge in a manner that will not 
result in environmental hazards. 
"(e) The Administrator shall encourage waste treatment manage-
ment which results in integrating facilities for sewage treatment and 
recycling with facilities to treat, dispose of, or utilize other industrial 
and municipal wastes, including but not limited to solid waste and 
waste heat and thermal discharges. Such integrated facilities shall be 
designed and operated to produce revenues in excess of capital and 
operation and maintenance costs and such revenues shall be used by 
the designated regional management agency to aid in financing other 
environmental improvement programs. 
"(f) The Administrator shall encourage waste treatment manage-
ment which combines 'open space' and recreational considerations with 
such management. 
"(g) (1) The Administrator is authorized to make grants to any 
State, municipality, or intermunicipal or interstate agency for the 
construction of publicly owned treatment works. 
"(2) The Administrator shall not make grants from funds author-
ized for any fiscal year beginning after June 30, 1974, to any State, 
municipality, or intermunicipal or interstate agency for the erection, 
building, acquisition, alteration, remodeling, improvement, or exten-
sion of treatment works unless the grant applicant has satisfactorily 
demonstrated to the Administrator that— 
" (A) alternative waste management techniques have been stud-
ied and evaluated and the works proposed for grant assistance 
will provide for the application of the best practicable waste 
treatment technology over the life of the works consistent with the 
purposes of this title; and 
"(B) as appropriate, the works proposed for grant assistance 
will take into account and allow to the extent practicable the 
application of technology at a later date which will provide for 
the reclaiming or recycling of water or otherwise eliminate the 
discharge of pollutants. 
"(3) The Administrator shall not approve any grant after July 1, 
1973, for treatment works under this section unless the applicant shows 
to the satisfaction of the Administrator that each sewer collection 
system dischai'ging into such treatment works is not subject to excessive 
infiltration. 
" (4) The Administrator is authorized to make grants to applicants 
for treatment works grants under this section for such sewer system 
evaluation studies as may be necessary to carry out the requirements 
of paragraph (3) of this subsection. Such grants shall be made in 
accordance with rules and regulations promulgated by the Adminis-
trator. Initial rules and regulations shall be promulgated vmder this 
paragraph not later than 120 days after the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972. 
a 
FEDERAL SHARE 
"SEC. 202. (a) The amount of any grant for treatment works made 
under this Act from funds authorized for any fiscal year beginning 
after June 30, 1971, shall be 75 per centum of the cost of construction 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
835 
thereof (as approved by the Administrator). Any grant (other than 
for reimbursement) made prior to the date of enactment of the Federal 
Water Pollution Control Act Amendments of 1972 from any funds 
Ante, p. si6. 
authorized for any fiscal year beginning after June 30, 1971, shall, 
upon the request of the applicant, be increased to the applicable per-
centage under this section. 
"(b) The amount of the grant for any project approved by the 
Administrator after January 1, 1971, and before July 1,1971, for the 
construction of treatment works, the actual erection, building or 
acquisition of which was not commenced prior to July 1, 1971, shall, 
upon the request of the applicant, be increased to the applicable per-
centage under subsection (a) of this section for grants for treatment 
works from funds for fiscal years beginning after June 30, 1971, with 
respect to the cost of such actual erection, building, or acquisition. Such 
increased amount shall be paid from any funds allocated to the State 
in which the treatment works is located without regard to the fiscal 
year for which such funds were authorized. Such increased amount 
shall be paid for such project only if— 
" (1) a sewage collection system that is a part of the same total 
waste treatment system as the treatment works for which such 
grant was approved is under construction or is to be constructed 
for use in conjunction with such treatment works, and if the cost 
of such sewage collection system exceeds the cost of such treatment 
works, and 
"(2) the State water pollution control agency or other appro-
priate State authority certifies that the quantity of availaljle 
ground water will be insufficient, inadequate, or unsuitable for 
public use, including the ecological preservation and recreational 
use of surface water bodies, unless effluents from publicly-owned 
treatment works after adequate treatment are returned to the 
ground water consistent with acceptable technological standards. 
"PLANS, SPECIFICATIONS, ESTIMATES, AND PAYMENTS 
"SEC. 203. (a) Each applicant for a grant shall submit to the 
Administrator for his approval, plans, specifications, and estimates for 
each proposed project for the construction of treatment works for 
which a grant is applied for under section 201(g)(1) from funds 
allotted to the State under section 205 and which otherwise meets the 
requirements of this Act. The Administrator shall act upon such plans, 
specifications, and estimates as soon as practicable after the same have 
been submitted, and his approval of any such plans, specifications, and 
. 
estimates shall be deemed a contractual obligation of the United 
States for the payment of its proportional contribution to such project. 
"(b) The Administrator shall, from time to time as the work pro-
gresses, make payments to the recipient of a grant for costs of con-
struction incurred on a project. These payments shall at no time exceed 
Limitation, 
the Federal share of the cost of construction incurred to the date of the 
voucher covering such payment plus the Federal share of the value of 
the materials which have been stockpiled in the vicinity of such con-
struction in conformity to plans and specifications for the project. 
"(c) After completion of a project and approval of the final voucher 
by the Administrator, he shall pay out of the appropriate sums the 
unpaid balance of the Federal share payable on account of such 
project. 
"LIMITATIONS AND CONDITIONS 
"SEC. 204. (a) Before approving grants for any project for any 
treatment works under section 201 (g)(1) the Administrator shall 
determine— 
836 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
•'(1) that such works are included in any applicable area wide 
waste treatment management plan developed under section 208 of 
this Act; 
"(2) that such works are in comformity with any applicable 
State plan under section .303 (e) of this Act; 
"(3) that such works have been certified by the appropriate 
State water pollution control agency as entitled to priority over 
such other works in the State in accordance with any applicable 
State plan under section 303 (e) of this Act; 
" (4) that the applicant proposing to construct such works agrees 
to pay the non-Federal costs of such w^orks and has made ade-
quate provisions satisfactory to the Administrator for assuring 
proper and efficient operation, including the employment of 
trained management and operations personnel, and the mainte-
nance of such works in accordance with a plan of operation 
approved by the State water pollution control agency or, as 
appropriate, the interstate agency, after construction thereof; 
(5) that the size and capacity of such works relate directly 
to the needs to be served by such works, including sufficient reserve 
capacity. The amount of reserve capacity provided shall be 
approved by the Administrator on the basis of a comparison of the 
cost of constructing such reserves as a part of the works to be 
funded and the anticipated cost of providing expanded capacity 
at a date when such capacity will be required; 
" (6) that no specification for bids in connection with such works 
shall be written m such a manner as to contain proprietary, exclu-
sionary, or discriminatory requirements other than those based 
upon performance, unless such requirements are necessary to test 
or demonstrate a specific thing or to provide for necessary inter-
changeability of parts and equipment, or at least two bran(i names 
or trade names of comparable quality or utility are listed and are 
followed by the words'or equal'. 
"(b)(1) Notwithstanding any other provision of this title, the 
Administrator shall not approve any grant for any treatment works 
under section 201 (g) (1) after March 1,1973, unless he shall first have 
determined that the applicant (A) has adopted or will adopt a system 
of charges to assure that each recipient of waste treatment services 
within the applicant's jurisdiction, as determined by the Adminis-
trator, will pay its proportionate share of the costs of operation and 
maintenance (including replacement) of any waste treatment services 
provided by the applicant; (B) has made provision for the payment 
to such applicant by the industrial users of the treatment works, of 
that portion of the cost of construction of such treatment works (as 
determined by the Administrator) which is allocable to the treatment 
of such industrial wastes to the extent attributable to the Federal 
share of the cost of construction; and (C) has legal, institutional, 
managerial, and financial capability to insure adequate construction, 
operation, and maintenance of treatment works throughout the appli-
cant's jurisdiction, as determined by the Administrator. 
"(2) The Administrator shall, within one hundred and eighty days 
after the date of enactment of the Federal Water Pollution Control 
Ante, p. 816. 
^^^^ Amendments of 1972, and after consultation with appropriate 
State, interstate, municipal, and intermunicipal agencies, issue guide-
lines applicable to payment of waste treatment costs by industrial 
and nonindustrial recipients of waste treatment services which shall 
establish (A) classes of users of such services, including categories of 
industrial users; (B) criteria against which to determine the adequacy 
of charges imposed on classes and categories of users reflecting all 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
837 
factors that influence the cost of waste treatment, including strength, 
volume, and delivery flow rate characteristics of waste; and (C) model 
systems and rates of user charges typical of various treatment works 
serving municipal-industrial communities. 
"(3) The grantee shall retain an amount of the revenues derived 
from the payment of costs by industrial users of waste treatment 
services, to the extent costs are attributable to the Federal share of 
eligible project costs provided pursuant to this title as determined by 
the Administrator, equal to (A) the amount of the non-Federal cost 
of such project paid by the grantee plus (B) the amount, determined 
in accordance with regulations promulgated by the Administrator, 
necessary for future expansion and reconstruction of the project, 
except that such retained amount shall not exceed 50 per centum of 
such revenues from such project. All revenues from such project not 
retained by the grantee shall be deposited by the Administrator in the 
Treasury as miscellaneous receipts. That portion of the revenues 
retained by the grantee attributable to clause (B) of the first sentence 
of this paragraph, together with any interest thereon shall be used 
, 
solely for the purposes of future expansion and reconstruction of 
the project. 
"(4) Approval by the Administrator of a grant to an interstate 
agency established by interstate compact for any treatment works shall 
satisfy any other requirement that such works be authorized by Act 
of Congress. 
"ALLOTMENT 
"SEC. 205. (a) Sums authorized to be appropriated pursuant to sec-
tion 207 for each fiscal year beginning after June 30, 1972, shall be 
allotted by the Administrator not later than the January 1st imme-
diately preceding the beginning of the fiscal year for which authorized, 
except that the allotment for fiscal year 1973 shall be made not later 
than 30 days after the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972. Such sums shall be allotted 
among the States by the Administrator in accordance with regulations 
promulgated by him, in the ratio that the estimated cost of construct-
ing all needed publicly owned treatment works in each State bears to 
the estimated cost of construction of all needed publicly owned treat-
ment works in all of the States. For the fiscal years ending June 30, 
1973, and June 30, 1974, such ratio shall be determined on the basis 
of table I I I of House Public Works Committee Print No. 92-50. Allot-
ments for fiscal years which begin after the fiscal year ending June 30, 
ro.;. .;. i 
1974, shall be made only in accordance M^ith a revised cost estimate 
made and submitted to Congress in accordance with section 516(b) of 
this Act and only after such revised cost estimate shall have been 
approved by law specifically enacted hereafter. 
"(b)(1) Any sums allotted to a State under subsection (a) shall 
be available for obligation under section 203 on and after the date 
of such allotment. Such sums shall continue available for obligation 
in such State for a period of one year after the close of the fiscal year 
for which such sums are authorized. Any amounts so allotted which 
are not obligated by the end of such one-year period shall be imme-
diately reallotted by the Administrator, in accordance with regulations 
promulgated by him, generally on the basis of the ratio used in making 
the last allotment of sums under this section. Such reallotted sums 
shall be added to the last allotments made to the States. Any sum 
made available to a State by reallotment under this subsection shall 
be in addition to any funds otherwise allotted to such State for grants 
under this title during any fiscal year. 
838 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(2) Any sums which have been obligated under section 203 and 
which are released by the payment of the final voucher for the project 
shall be immediately credited to the State to which such sums were 
last allotted. Such released sums shall be added to the amounts last 
allotted to such State and shall be immediately available for obligation 
in the same manner and to the same extent as such last allotment. 
"REIMBURSEMENT AND ADVANCED CONSTRUCTION 
"SEC. 206. (a) Any publicly owned treatment works in a State on 
which construction was initiated after June 30, 1966, but before July 
1, 1972, which was approved by the appropriate State water pollu-
tion control agency and which the Administrator finds meets the 
requirements of section 8 of this Act in effect at the time of the initia-
tion of construction shall be reimbursed a total amount equal to the 
difference between the amount of Federal financial assistance, if any, 
received under such section 8 for such project and 50 per centum of 
the cost of such project, or 55 per centum of the project cost where the 
Administrator also determines that such treatment works was con-
structed in conformity with a comprehensive metropolitan treatment 
plan as described in section 8(f) of the Federal Water Pollution 
33 use n
*
5
^
8 
Control Act as in effect immediately prior to the date of enactment of 
Ante, p. 816.' 
the Federal Water Pollution Control Act Amendments of 1972. 
Nothing in this subsection shall result in any such w^orks receiving 
Federal grants from all sources in excess of 80 per centum of the cost 
of such project. 
"(b) Any publicly owned treatment works constructed with or 
eligible for Federal financial assistance under this Act in a State 
between June 30,1956, and June 30, 1966, which was approved by the 
State water pollution control agency and which the Administrator 
finds meets the requirements of section 8 of this Act prior to the date 
of enactment of the Federal Water Pollution Control Act Amendments 
of 1972 but which was constructed without assistance under such 
section 8 or which received such assistance in an amount less than 30 
per centum of the cost of such project shall qualify for payments and 
reimbursement of State or local funds used for such project from sums 
allocated to such State under this section in an amount which shall 
not exceed the difference between the amount of such assistance, if 
any, received for such project and 30 per centum of the cost of such 
project. 
Application. 
"^c) No pubHcly owncd treatment works shall receive any payment 
or reimbursement under subsection (a) or (b) of this section unless an 
application for such assistance is filed with the Administrator within 
the one year period w^hich begins on the date of enactment of the Fed-
eral Water Pollution Control Act Amendments of 1972. Any appli-
cation filed within such one year period may be revised from time to 
time, as may be necessary. 
"(d) The Administrator shall allocate to each qualified project 
under subsection (a) of this section each fiscal year for which funds are 
appropriated under subsection (e) of this section an amount which 
bears the same ratio to the unpaid balance of the reimbursement due 
such project as the total of such funds for such year bears to the total 
unpaid balance of reimbursement due all such approved projects on 
the date of enactment of such appropriation. The Administrator shall 
allocate to each qualified project under subsection (b) of this section 
each fiscal year for which funds are appropriated under subsection (e) 
of this section an amount which bears the same ratio to the unpaid 
lia 1 ance of the reimbursement due such project as the total of such funds 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
839 
for such year bears to tlie total unpaid balance of reimbursement 
due all such approved projects on the date of enactment of such 
appropriation. 
"(e) There is authorized to be appropriated to carry out subsection 
Appropriation. 
(a) of this section not to exceed $2,000,000,000 and, to carry out sub-
section (b) of this section, not to exceed $750,000,000. The authoriza-
tions contained in this subsection shall be the sole source of funds for 
reimbursements authorized by this section. 
"(f) (1) In any case where all funds allotted to a State under this 
title have been obligated under section 203 of this Act, and there is 
construction of any treatment works project without the aid of Federal 
funds and in accordance with all procedures and all requirements 
applicable to treatment works projects, except those procedures and 
requirements which limit construction of projects to those constructed 
with the aid of previously allotted Federal funds, the Administrator, 
upon his approval of an application made under this subsection there-
for, is authorized to pay the Federal share of the cost of construction 
, 
; 
. 
of such project when additional funds are allotted to the State under 
this title if prior to the construction of the project the Administrator 
approves plans, specifications, and estimates therefor in the same 
manner as other treatment works projects. The Administrator may 
not approve an application under this subsection unless an authoriza- 
* 
, . 
tion is in effect for the future fiscal year for which the application 
requests payment, which authorization will insure such payment with-
out exceeding the State's expected allotment from such authorization. 
"(2) In determining the allotment for any fiscal year under this 
title, any treatment works project constructed in accordance with this 
section and without the aid of Federal funds shall not be considered 
completed until an application under the provisions of this subsection 
• 
with respect to such project has been approved by the Administrator, 
or the availability of funds from which this project is eligible for 
reimbursement has expired, whichever first occurs. 
"AUTHORIZATIOISr 
"SEC. 207. There is authorized to be appropriated to carry out this 
title, other than sections 208 and 209, for the fiscal year ending June 30, 
1973, not to exceed $5,000,000,000, for the fiscal year ending June 30, 
; 
1974, not to exceed $6,000,000,000, and for the fiscal year ending 
June 30,1975, not to exceed $7,000,000,000. 
"AREAWIDE WASTE TREATMENT MANAGEMENT 
"SEC. 208. (a) For the purpose of encouraging and facilitating the 
development and implementation of areawide waste treatment man-
agement plans— 
"(1) The Administrator, within ninetv davs after the date of 
Guidelines, 
enactment ot this Act and alter consultation with appropriate 
Federal, State, and local authorities, shall by regulation publish 
guidelines for the identification of those areas which, as a result 
of urban-industrial concentrations or other factors, have sub-
stantial water quality control problems. 
"(2) The Governor of each State, within sixty days after 
Boundaries; 
publication of the guidelines issued pursuant to paragraph (1) pi^""^"^ agencie 
of this subsection, shall identify each area within the State which, 
as a result of urban-industrial concentrations or other factors, has 
substantial water quality control problems. Not later than one 
hundred and twenty days following such identification and after 
consultation with appropriate elected and other officials of local 
82-081 O - 73 - 56 
p u b l i c a t i o n . 
840 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
governments having jurisdiction in such areas, the Governor shall 
designate (A) the boundaries of each such area, and (B) a single 
representative organization, including elected officials from local 
governments or their designees, capable of developing effective 
areawide waste treatment management plans for such area. The 
Governor may in the same manner at any later time identify any 
additional area (or modify an existing area) for which he deter-
mines areawide waste treatment management to be appropriate, 
designate the boundaries of such area, and designate an organiza-
tion capable of developing effective areawide waste treatment 
management plans for such area. 
"(3) With respect to any area which, pursuant to the guide-
lines published under paragraph (1) of this subsection, is located 
in two or more States, the Governors of the respective States shall 
consult and cooperate in carrying out the provisions of para-
graph (2), with a view toward designating the boundaries of the 
interstate area having common water quality control problems 
and for which areawide waste treatment management plans would 
be most effective, and toward designating, within one hundred 
and eighty days after publication of guidelines issued pursuant 
to paragraph (1) of this subsection, of a single representative 
organization capable of developing effective areawide waste treat-
ment management plans for such area. 
" (4) If a Governor does not act, either by designating or deter-
mining not to make a designation under paragraph (2) of this 
subsection, within the time required by such paragraph, or if, in 
the case of an interstate area, the Governors of the States involved 
do not designate a planning organization within the time required 
by paragraph (3) of this subsection, the chief elected officials of 
local governments within an area may by agreement designate 
(A) the boundaries for such an area, and (B) a single representa-
tive organization including elected officials from such local gov-
ernments, or their designees, capable of developing an areawide 
waste treatment management plan for such area. 
" (5) Existing regional agencies may be designated under para-
graphs (2), (3), and (4) of this subsection. 
"(6) The State shall act as a planning agency for all portions 
of such State which are not designated under paragraphs (2), 
(3), or (4) of this subsection. 
"(7) Designations under this subsection shall be subject to the 
approval of the Administrator. 
Waste treatment 
n ^^y"^ ^i^ 
I^S^Q^ j^ter than oue year after the date of designation of any 
planning process. Organization under subsection (a) of this section such organization 
shall have in operation a continuing areawide waste treatment man-
agement planning process consistent with section 201 of this Act. Plans 
prepared in accordance with this process shall contain alternatives for 
waste treatment management, and be applicable to all wastes gen-
erated within the area involved. The initial plan prepared in accord-
ance with such process shall be certified by the Governor and submitted 
to the Administrator not later than two years after the planning proc-
ess is in operation. 
" (2) Any plan prepared under such process shall include, but not be 
limited to— 
"(A) the identification of treatment works necessary to meet 
the anticipated municipal and industrial waste treatment needs of 
the area over a twenty-year period, annually updated (including 
an analysis of alternative waste treatment systems), including 
any requirements for the acquisition of land for treatment pur-
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
841 
poses; tlie necessary waste water collection and urban storm water 
runoff systems; and a program to provide the necessary financial 
arrangements for the development of such treatment works; 
"(B) the establishment of construction priorities for such treat-
ment works and time schedules for the initiation and completion 
of all treatment works; 
"(C) the establishment of a regulatory program to— 
"(i) implement the waste treatment management require-
ments of section 201(c), 
"(ii) regulate the location, modification, and construction 
of any facilities within such area which may result in any 
discharge in such area, and 
"(iii) assure that any industrial or commercial wastes dis-
charged into any treatment works in such area meet applicable 
pretreatment requirements; 
"(D) the identification of thos4 agencies necessary to construct, 
operate, and maintain all facilities required by the plan and 
otherwise to carry out the plan; 
"(E) the identification of the measures necessary to carry out 
the plan (including financing), the period of time necessary to 
carry out the plan, the costs of carrying out the plan within such 
time, and the economic, social, and environmental impact of 
carrying out the plan within such time; 
"(F) a process to (i) identify, if appropriate, agriculturally 
and silviculturally related nonpoint sources of pollution, includ-
ing runoff from manure disposal areas, and from land used for 
livestock and crop production, and (ii) set forth procedures 
and methods (including land use requirements) to control to the 
extent feasible such sources; 
"(G) a process to (i) identify, if appropriate, mine-related 
sources of pollution including new, current, and abandoned sur-
face and underground mine runoff, and (ii) set forth procedures 
and methods (including land use requirements) to control to the 
extent feasible such sources j 
"(H) a process to (i) identify construction activity related 
sources of pollution, and (ii) set forth procedures and methods 
(including land use requirements) to control to the extent feasible 
such sources; 
"(I) a process to (i) identify, if appropriate, salt water intru-
sion into rivers, lakes, and estuaries resulting from reduction of 
fresh water flow from any cause, including irrigation, obstruction, 
ground water extraction, and diversion, and (ii) set forth pro-
cedures and methods to control such intrusion to the extent feasi-
ble where such procedures and methods are otherwise a part of 
the waste treatment management plan; 
"(J) a process to control the disposition of all residual waste 
generated in such area which could affect water quality; and 
-•" 
" (K) a process to control the disposal of pollutants on land or 
in subsurface excavations within such area to protect ground and 
surface water quality. 
" (3) Area 
wide waste treatment management plans shall be certified 
Annual certifi-
annually by the Governor or his designee (or Governors or their des- "
^
^
^ °"' 
ignees, where more than one State is involved) as being consistent 
with applicable basin plans and such areawide waste treatment man-
agement plans shall be submitted to the Administrator for his 
approval. 
"(4) Whenever the Governor of any State determines (and notifies 
the Administrator) that consistency with a statewide regulatory pro-
gram under section 303 so requires, the requirements of clauses (F) 
^°*'' P- 846. 
cies 
842 
PUBLIC LAW 92-500~OCT. 18, 1972 
[86 STAT. 
• 
tlirougli (K) of paragraph (2) of this subsection shall be develoi3ed 
and submitted by the Governor to the Administrator for application 
to all regions within such State. 
^ Regional 
" (c) (1) Thc Govemor of each State, in consultation with the plan-
designation, ning agency designated under subsection (a) of this section, at the 
time a plan is submitted to the Administrator, shall designate one or 
more waste treatment management agencies (which may be an exist-
ing or newly created local, regional, or State agency or political sub-
division) for each area designated under subsection (a) of this section 
and submit such designations to the Administrator. 
"(2) The Administrator shall accept any such designation, unless, 
within 120 days of such designation, he finds that the designated man-
agement agency (or agencies) does not have adequate authority— 
"(A) to carry out appropriate portions of an area 
wide waste 
treatment management plan developed under subsection (b) of 
this section; 
"(B) to manage effectively waste treatment works and related 
facilities serving such area in conformance Avith any plan re-
(^uired by subsection (b) of this section; 
"(C) directly or by contract, to design and construct new 
works, and to operate and maintain new and existing works as 
required by any plan developed pursuant to subsection (b) of 
this section; 
"(D) to accept and utilize grants, or other funds from an;v 
source, for waste treatment management purposes; 
" (E) to raise revenues, including the assessment of waste treat-
ment charges; 
" (F) to incur short- and long-term indebtedness; 
"(G) to assure in implementation of an areawide waste treat-
ment management plan that each participating community pays 
its proportionate share of treatment costs; 
"(H) to refuse to receive any wastes from any municipality or 
subdivision thereof, which does not comply with any provisions 
of an approved plan under this section applicable to such area; 
and 
" (I) to accept for treatment industrial wastes. 
"(d) After a waste treatment management agency having the 
' 
authority required by subsection (c) has been designated under such 
subsection for an area and a plan for such area has been approved 
under subsection (b) of this section, the Administrator shall not make 
any grant for construction of a publicly owned treatment works under 
section 201(g) (1) within such area except to such designated agency 
and for works in conformity with such plan. 
" (e) No permit under section 402 of this Act shall be issued for any 
point source which is in conflict with a plan approved pursuant to sub-
section (b) of this section. 
'^' 
"(f) (1) The Administrator shall make grants to any agency desig-
nated under subsection (a) of this section for payment of the reason-
able costs of developing and operating a continuing areawide waste 
treatment management planning process under subsection (b) of this 
section. 
"(2) The amount granted to any agency under paragraph (1) 
of this subsection shall be 100 per centum of the costs of developing 
and operating a continuing areawide waste treatment management 
planning process under subsection (b) of this section for each of the 
fiscal yeai-s ending on June 30, 1973, June 30, 1974, and June 30, 1975, 
and shall not exceed 75 per centum of such costs in each succeeding 
fiscal year. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
843 
''(3) Each applicant for a grant under this subsection shall submit 
to the Administrator for his approval each proposal for which a grant 
is applied for under this subsection. The Administrator shall act 
upon such proposal as soon as practicable after it has been submitted, 
and his approval of that proposal shall be deemed a contractual 
obligation of the United States for the payment of its contribu-
tion to such proposal. There is authorizd to be appropriated to carry 
out this subsection not to exceed $50,000,000 for the fiscal year ending-
June 30, 1973, not to exceed $100,000,000 for the fiscal year ending 
June 30, 1974, and not to exceed $150,000,000 for the fiscal year 
ending June 30,1975. 
" (g) The Administrator is authorized, upon req^uest of the Governor 
or the designated planning agency, and without reimbursement, to con-
sult with, and provide technical assistance to, any agency designated 
under subsection (a) of this section in the development of areawide 
waste treatment management plans under subsection (b) of tliis 
section, 
''(h) (1) The Secretary of the Army, acting through the Chief of 
Engineers, in cooperation with the Administrator is authorized and 
directed, upon request of the Governor or the designated planning 
organization, to consult with, and provide technical assistance to, any 
agency designed under subsection (a) of this section in developing 
and operating a continuing areawide waste treatment management 
planning process under subsection (b) of this section. 
" (2) There is authorized to be appropriated to the Secretary of the 
Army, to carry out this subsection, not to exceed $50,000,000 per fiscal 
year for the fiscal years ending June 30, 1973, and June 30, 1974. 
Appropriation. 
Technical 
assistance. 
Appropriation. 
a BASIN PLANNING 
"SEC. 209 (a) The President, acting through the Water Resources 
Council, shall, as soon as practicable, prepare a Level B plan under the 
Water Resources Planning Act for all basins in the LTnited States. All 
such plans shall be completed not later than January 1, 1980, except 
that priority in the preparation of such plans shall be given to those 
basins and portions thereof which are within those areas designated 
under paragraphs (2), (3), and (4) of subsection (a) of section 208 
of this Act. 
''(b) The President, acting through the Water Resources Council, 
shall report annually to Congress on progress being made in carrying 
out this section. The first such report shall be submitted not later than 
January 31,1973. 
" (c) There is authorized to be appropriated to carry out this section 
not to exceed $200,000,000. 
" A N N U A L SURMilY 
"SEC. 210. The Administrator shall annually make a survey to detei'-
mine the efficiency of the operation and maintenance of treatment works 
constructed with grants made under this Act, as compared to the effi-
ciency planned at the time the grant was made. The results of such 
annual survey shall be included in the report required under sectio]i 
516(a) of this Act. 
79 Stat. 244. 
42 u s e 1962 
note. 
Annual report 
to Congress. 
Appropriation. 
SEWAGE COLLECTION SYSTE3HS 
"SEC. 211. No grant shall be made for a sewage collection system 
under this title unless such grant (1) is for replacement or major reha-
bilitation of an existing collection system and is necessary to the total 
integrity and performance of the waste treatment works servicing such 
844 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
ommunity, or (2) is for a new collection system in an existing com-
munity with sufficient existing or planned capacity adequately to treat 
such collected sewage and is consistent with section 201 of this Act. 
a 
DEFINITIONS 
"SEC. 212. As used in this title— 
"(1) The term'construction'means any one or more of the follow-
ing: preliminary planning to determine the feasibility of treatment 
works, engineering, architectural, legal, fiscal, or economic investiga-
tions or studies, surveys, designs, plans, working drawings, specifica-
tions, procedures, or other necessary actions, erection, building, 
acquisition, alteration, remodeling, improvement, or extension of 
treatment works, or the inspection or supervision of any of the 
foregoing items. 
" (2) (A) The term 'treatment works' means any devices and systems 
used in the storage, treatment, recycling, and reclamation of municipal 
sewage or industrial wastes of a liquid nature to implement section 
201 of this Act, or necessary to recycle or reuse water at the most eco-
nomical cost over the estimated life of the works, including intercept-
ing sewers, outfall sewers, sewage collection systems, pumping, power, 
and other equipment, and their appurtenances; extensions, improve-
ments, remodeling, additions, and alterations thereof; elements essen-
tial to provide a reliable recycled supply such as standby treatment 
units and clear well facilities; and any works, including site acquisition 
of the land that will be an integral part of the treatment process or is 
used for ultimate disposal of residues resulting from such treatment. 
"(B) In addition to the definition contained in subparagraph (A) 
of this paragraph, 'treatment works' means any other method or sys-
tem for preventing, abating, reducing, storing, treating, separating, 
or disposing of municipal waste, including storm water runoff, or 
industrial waste, including waste in combined storm water and sani-
tary sewer systems. Any application for construction grants which 
includes wholly or in part such methods or systems shall, in accordance 
with guidelines published by the Administrator pursuant to subpara-
graph (C) of this paragraph, contain adequate data and analysis 
demonstrating such proposal to be, over the life of such works, the 
most cost efficient alternative to comply with sections 301 or 302 of 
this Act, or the requirements of section 201 of this Act. 
Methods eyaiu- 
"(C) For the purposcs of subparagraph (B) of this paragraph, the 
pubUcluon!'"^^' 
Administrator shall, within one hundred and eighty days after the 
date of enactment of this title, publish and thereafter revise no less 
often than annually, guidelines for the evaluation of methods, 
including cost-effective analysis, described in subparagraph (B) of 
this paragraph. 
"(3) The term 'replacement' as used in this title means those 
expenditures for obtaining and installing equipment, accessories, or 
appurtenances during the useful life of the treatment works necessary 
to maintain the capacity and performance for which such works are 
designed and constructed. 
"TITLE 
III—STANDARDS 
AND ENFORCEMENT 
"EFFLUENT LIMITATIONS 
"SEC. 301. (a) Except as in compliance with this section and sec-
tions 302, 306, 307, 318, 402, and 404 of this Act, the discharge of any 
pollutant by any person shall be unlawful. 
"(b) In order to carry out the objective of this Act there shall be 
achieved— 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
845 
"(1)(A) not later than July 1, 1977, effluent limitations for 
point sources, other than publicly owned treatment works, (i) 
which shall require the application of the best practicable control 
technology currently available as defined by the Administrator 
pursuant to section 304(b) of this Act, or (ii) in the case of a dis-
charge into a publicly owned treatment works which meets the 
requirements of subparagraph (B) of this paragraph, which shall 
require compliance with any applicable pretreatment requirements 
and any requirements under section 307 of this Act; and 
"(B) for publicly owned treatment works in existence on 
July 1, 1977, or approved pursuant to section 203 of this Act prior 
to June 30,1974 (for which construction must be completed within 
four years of approval), effluent limitations based upon secondary 
treatment as defined by the Administrator pursuant to section 
304(d)(1) of this Act; or, 
"(C) not later than July 1,1977, any more stringent limitation, 
including those necessary to meet water quality standards, treat-
ment standards, or schedules of compliance, established pursuant 
to any State law or regulations (under authority preserved by sec-
tion 510) or any other Federal law or regulation, or required to 
^°^'' P- ^^^ 
implement any applicable water quality standard established pur-
suant to this Act. 
"(2) (A) not later than July 1, 1983, effluent limitations for 
categories and classes of point sources, other than publicly owned 
treatment works, M'hich (i) shall require application of the best 
available technology economically achievable for such category 
or class, which will result in reasonable further progress toward 
the national goal of eliminating the discharge of all pollutants, 
as determined in accordance with regulations issued by the Admin-
istrator pursuant to section 304(b)(2) of this Act, which such 
effluent limitations shall require the elimination of discharges of 
all pollutants if the Administrator finds, on the basis of informa-
tion available to him (including information developed pursuant 
to section 315), that such elimination is technologically and eco-
nomically achievable for a category or class of point sources as 
determined in accordance with regulations issued by the Adminis-
trator pursuant to section 304(b) (2) of this Act, or (ii) in the case 
of the introduction of a pollutant into a publicly owned treatment 
works which meets the requirements of subparagraph (B) of this 
paragraph, shall require compliance with any applicable pretreat-
ment requirements and any other requirement under section 307 
of this Act; and 
"(B) not later than Julv 1, 1983, compliance by all publicly 
owned treatment works with the requirements set forth in sec-
tion 201 (g) (2) (A) of this Act. 
" (c) The Administrator may modify the requirements of subsection 
,.. < 
(b) (2) (A) of this section with respect to anv point source for which 
a permit application is filed after July 1, 1977, upon a showing by the 
owner or operator of such point source satisfactory to the Administra-
tor that such modified requirements (1) will represent the maximum 
use of technology within the economic capability of the owner or 
operator; and (2) will result in reasonable further progress toward 
the elimination of the discharge of pollutants. 
"(d) Any effluent limitation required by paragraph (2) of subsec-
tion (b) of this section shall be reviewed at least every five vears and, 
if appropriate, revised pursuant to the procedure established under 
such paraflrraph. 
"(e) Effluent limitations established pursuant to this section or sec-
tion 302 of this Act shall be applied to all point sources of discharge 
of pollutants in accordance with the provisions of this Act. 
846 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
*'(f) Notwithstanding any other provisions of this Act it shall be 
unlawful to discharge any radiological, chemical, or biological war-
fare agent or high-level radioactive waste into the navigable waters. 
''WATER QUALITY RELATED EFFLUENT 
LIMITATIONS 
"SEC. 302. (a) Whenever, in the judgment of the Administrator, dis-
charges of pollutants from a point source or group of point sources, 
w4th the application of effluent limitations required under section 301 
(b) (2) of this Act, would interfere with the attainment or mainte-
nance of that water quality in a specific portion of the navigable waters 
which shall assure protection of public water supplies, agricultural 
and industrial uses, and the protection and propagation of a balanced 
population of shellfish, fish and wildlife, and allow recreational activi-
ties in and on the water, effluent limitations (including alternative 
effluent control strategies) for such point source or sources shall be 
established which can reasonably be expected to contribute to the 
attainment or maintenance of such water quality. 
Public hearing. 
"(b)(1) PrioT to establishment of auy cfflueut limitation puTsuaut 
to subsection (a) of this section, the Administrator shall issue notice 
of intent to establish such limitation and within ninety days of such 
notice hold a public hearing to determine the relationship of the eco-
nomic and social costs of achieving any such limitation or limitations, 
including any economic or social dislocation in the affected community 
or communities, to the social and economic benefits to be obtained 
(including the attainment of the objective of this Act) and to deter-
mine whether or not such effluent limitations can be implemented with 
available technology or other alternative control strategies. 
"(2) If a person affected by such limitation demonstrates at such 
hearing that (whether or not such technology or other alternative con-
trol strategies are available) there is no reasonable relationship 
between the economic and social costs and the benefits to be obtained 
(including attainment of the objective of this Act), such limitation 
shall not become effective and the Administrator shall adjust such 
limitation as it applies to such person. 
"(c) The establishment of effluent limitations under this section shall 
not o]>erate to delay the application of any effluent limitation estab-
lished under section 301 of this Act. 
'SVATER QUALITY STANDARDS AND IMPLEMENTATION 
PLANS 
"SEC. 303. (a) (1) In order to carry out the purpose of this Act, any 
water quality standard applicable to interstate waters which w^as 
adopted by any State and submitted to, and approved by, or is awaiting 
approval by, the Administrator pursuant to this Act as in effect imme-
diately prior to the date of enactment of the Federal Water Pollu-
Ante, p. 816. 
^-^^^ Coutrol Act Amendments of 1972, shall remain in effect unless the 
Administrator- determined that such standard is not consistent with 
the applicable requirements of this Act as in effect immediately prior 
to the date of enactment of the Federal Water Pollution Control Act 
Amendments of 1972. If the Administrator makes such a determina-
tion he shall, within three months after the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, notify 
the State and specify the chans^es needed to meet such requirements. 
If such changes are not adopted by the State within ninety days after 
the date of such notification, the Administrator shall promulgate such 
changes in accordance with subsection (b) of this section. 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
847 
"(2) Any State which, before the date of enactment of the Federal 
Water Pollution Control Act Amendments of 1972, has adopted, pur-
suant to its own law, water quality standards applicable to mtrastate 
waters shall submit such standards to the Administrator within thirty 
days after the date of enactment of the Federal Water Pollution Con-
trol Act Amendments of 1972. Each such standard shall remain in 
effect, in the same manner and to the same extent as any other water 
quality standard established under this Act unless the Administrator 
determines that such standard is inconsistent with the applicable 
requirements of this Act as in effect immediately prior to the date of 
enactment of the Federal Water Pollution Control Act Amendments of 
1972. If the Administrator makes such a determination he shall not 
later than the one hundred and twentieth day after the date of sub-
mission of such standards, notify the State and specify the changes 
needed to meet such requirements. If such changes are not adopted oy 
the State wdthin ninety days after such notification, the Administrator 
shall promulgate such changes in accordance with subsection (b) ol 
this section. 
"(3) (A) Any State which prior to the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972 has not 
adopted pursuant to its own laws water quality standards applicable 
to intrastate waters shall, not later than one hundred and eighty days 
after the date of enactment of the Federal Water Pollution Control 
Act Amendments of 1972, adopt and submit such standards to the 
Administrator. 
"(B) If the Administrator determines that any such standards are 
consistent with the applicable requirements of this Act as in effect 
immediately prior to the date of enactment of the Federal Water Pol-
lution Control Act Amendments of 1972, he shall approve such 
standards. 
"(C) If the Administrator determines that any such standards are 
not consistent with the applicable requirements of this Act as in effect 
immediately prior to the date of enactment of the Federal Water Pollu-
tion Control Act Amendments of 1972, he shall, not later than the 
ninetieth day after the date of submission of such standards, notify the 
State and specify the changes to meet such requirements. If such 
changes are not adopted by the State within ninety days after the date 
of notification, the Administrator shall promulgate such standards 
pursuant to subsection (b) of this section. 
"(b)(1) The Administrator shall promptly prepare and publish 
proposed regulations setting forth water quality standards for a State 
m accordance with the applicable requirements of this Act as in effect 
immediately prior to the date of enactment of the Federal Water 
Pollution Control Act Amendments of 1972, if— 
"(A) the State fails to submit water quality standards within 
the times prescribed in subsection (a) of this section, 
"(B) a water quality standard submitted by such State under 
subsection (a) of this section is determined by the Administrator 
not to be consistent with the applicable requirements of subsection 
(a) of this section. 
"(2) The Administrator shall promulgate any water quality stand-
ard published in a proposed regulation not later than one hundred and 
ninety days after the date he publishes any such proposed standard, 
unless prior to such promulgation, such State has adopted a water 
quality standard which the Administrator determines to be in accord-
ance with subsection (a) of this section. 
"(c) (1) The Governor of a State or the State water pollution con-
trol agency of such State shall from time to time (but at least once 
each three year period beginning with the date of enactment of the 
Ante, p. 816. 
Proposed regu-
lations, publica-
tion. 
848 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Ante, 
p. 816. 
Revised 
standards. 
Publication. 
Insufficient 
controls, area 
identification. 
Maximum daily 
load. 
Federal Water Pollution Control Act Amendments of 1972) hold 
public hearings for the purpose of reviewing applicable water quality 
standards and, as appropriate, modifying and adopting standards. 
Kesults of such review shall be made available to the A(hninistrator. 
"(2) Whenever the State revises or adopts a new standard, such 
revised or new standard shall be submitted to the Administrator. Such 
revised or new water quality standard shall consist of the designated 
uses of the navigable waters involved and the water quality criteria 
for such waters based upon such uses. Such standards shall be such as 
to protect the public health or welfare, enhance the quality of water 
and serve the purposes of this Act. Such standards shall be establi&hed 
taking into consideration their use and value for public water supplies, 
propagation of fish and wildlife, recreational purposes, and agricul-
tural, industrial, and other purposes, and also taking into consid-
eration their use and value for navigation. 
"(3) If the Administrator, within sixty days after the date of sub-
mission of the revised or new standard, determines that such standard 
meets the requirements of this Act, such standard shall thereafter be 
the water quality standard for the applicable waters of that State. 
If the Administrator determines that any such revised or new stand-
ard is not consistent with the applicable requirements of this Act, he 
shall not later than the ninetieth day after the date of submission of 
such standard notify the State and specify the changes to meet such 
requirements. If such changes are not adopted by the State withih 
ninety days after the date of notification, the Administrator shall 
promulgate such standard pursuant to paragraph (4) of this sub-
section. 
"(4) The Administrator shall promptly prepare and publish pro-
posed regulations setting forth a revised or new water quality stand-
ard for the navigable waters involved— 
"(A) if a revised or new water quality standard submitted by 
such State under paragraph (3) of this subsection for such waters 
is determined by the Administrator not to be consistent with the 
applicable requirements of this Act, or 
"(B) in any case where the Administrator determines that a 
revised or new standard is necessary to meet the requirements of 
this Act. 
The Administrator shall promulgate any revised or new standard 
under this paragraph not later than ninety days after he publishes 
such proposed standards, unless prior to such promulgation, such State 
has adopted a revised or new water quality standard which the Admin-
istrator determines to be in accordance with this Act. 
^' (d) (1) (A) Each State shall identify those waters within its bound-
aries for which the effluent limitations required by section 301(b) (1) 
(A) and section 301 (b) (1) (B) are not stringent enough to implement 
any water quality standard applicable to such waters. The State shall 
establish a priority ranking for such waters, taking into account the 
severity of the pollution and the uses to be made of such waters. 
"(B) Each State shall identify those waters or parts thereof within 
its boundaries for which controls on thermal discharges under section 
301 are not stringent enough to assure protection and propagation of a 
balanced indigenous population of shellfish, fish, and wildlife. 
"(C) Each State shall establish for the waters identified in para-
graph (1) (A) of this subsection, and in accordance with the priority 
ranking, the total maximum daily load, for those pollutants which the 
Administrator identifies under section 304(a) (2) as suitable for such 
calculation. Such load shall be established at a level necessary to 
implement the api)licable water quality standards with seasonal varia-
tions and a margin of safety which takes into account any lack of 
86 STAT. ] 
PUBLIC L
A
W 92-500-OCT. 18,1972 
849 
knowledge concerning the relationship beitween effluent limitations and 
water quality. 
"(D) Each State shall estimate for the waters identified in para- ^^'^/^irr^d*"^ 
graph (1)(B) of this subsection the total maximum daily thermal 
load required to assure protection and propagation of a balanced, 
indigenous population of shellfish, fish and wildlife. Such estimates 
shall take into account the normal water temperatures^ flow rates, 
seasonal variations, existing sources of heat input, and the dissipative 
capacity of the identified waters or parts thereof. Such estimates shall 
include a calculation of the maximum heat input that can be made 
into each such part and shall include a margin of safety which takes 
into account any lack of knowledge concerning the development of 
thermal water quality criteria for such protection and propagation 
in the identified waters or parts thereof. 
"(2) Each State shall submit to the Administrator from time to 
time, with the first such submission not later than one hundred and 
eighty days after the date of publication of the first identification of 
pollutants under section 304(a) (2) (D), for his approval the waters 
identified and the loads established under paragraphs (1)(A), (1) 
(B), (1) (C), and (1) (D) of this subsection. The Administrator shall 
eitner approve or disapprove such identification and load not later 
than thirty days after the date of submission. If the Administrator 
approves such identification and load, such State shall incorporate 
them into its current plan under subsection (e) of this section. If the 
Administrator disapproves such identification and load, he shall not 
later than thirty days after the date of such disapproval identify such 
waters in such State and establish such loads for such waters as he 
determines necessary to implement the water quality standards 
applicable to such waters and upon such identification and establish-
ment the State shall incorporate them into its current plan under 
subsection (e) of this section. 
"(3) For the specific purpose of developing information, each 
State shall identify all waters within its boundaries which it has not 
identified under paragraph (1) (A) and (1) (B) of this subsection and 
estimate for such waters the total maximum daily load with seasonal 
variations and margins of safety, for those pollutants which the 
Administrator identifies under section 304(a) (2) as suitable for such 
calculation and for thermal discharges, at a level that would assure 
protection and propagation of a balanced indigenous population of 
fish, shellfish and wildlife. 
"(e)(1) Each State shall have a continuing planning process 
continuing 
approved under paragraph (2) of this subsection which is consistent P^"""^"« procesn. 
with this Act. 
" (2) Each State shall submit not later than 120 days after the date 
of the enactment of the Water Pollution Control Amendments of 
1972 to the Administrator for his approval a proposed continuing 
^""»» P- sie. 
planning process which is consistent with this Act. Not later than 
thirty days after the date of submission of such a process the Admin-
istrator shall either approve or disapprove such process. The Adminis-
trator shall from time to time review each State's approved planning 
process for the purpose of insuring that such planning process in at 
all times consistent with this Act. The Administrator shall not approve 
an^ State permit program under title IV of this Act for any State 
which does not have an approved continuing planning process under 
this section. 
"(3) The Administrator shall approve any continuing planning 
process submitted to him under this section which will result in plans 
for all navigable waters within such State, which include, but are not 
limited to, the following: 
Review. 
850 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Heat standards. 
"Water quality 
standards." 
Water quality 
criteria publica-
tion. 
"(A) effluent limitations and schedules of compliance at least 
as stringent as those required by section 301(b)(1), section 301 
(b)(2), section 306, and section 307, and at least as stringent 
as any requirements contained in any applicable water quality 
standard in effect under authority of this section; 
"(B) the incorporation of all elements of any applicable area-
wide waste management plans under section 208, and applicable 
basin plans under section 209 of this Act; 
"(C) total maximum daily load for pollutants in accordance 
with subsection (d) of this section; 
"(D) procedures for revision; 
"(E) adequate authority for intergovernmental cooperation; 
"(F) adequate implementation, including schedules of com' 
pliance, for revised or new water quality standards, under sub-
section (c) of this section; 
"(G) controls over the disposition of all residual waste from 
any water treatment processing; 
"(H) an inventory and ranking, in order of priority, of needs 
for construction of waste treatment works required to meet the 
applicable requirements of sections 301 and 302. 
"(f) Nothing in this section shall be construed to affect any effluent 
limitation, or schedule of compliance required by any State to be 
implemented prior to the dates set forth in sections 301 (b) (1) and 301 
(b)(2) nor to preclude any State from requiring compliance with 
any effluent limitation or schedule of compliance at dates earlier than 
such dates. 
"(g) Water quality standards relating to heat shall be consistent 
with the requirements of section 316 of this Act. 
" (h) Foi* the purposes of this Act the tenii 'water quality standards' 
includes thermal water quality standards. 
"INFORMATION AND GUIDELINES 
"SEC. 304. (a) (1) The Administrator, after consultation with appro-
priate Federal and State agencies and other interested persons, shall 
develop and publish, within one year after the date of enactment 
of this title (and from time to time thereafter revise) criteria for 
water quality accurately reflecting the latest scientific knowledge (A) 
on the kind and extent of all identifiable effects on health and welfare 
including, but not limited to, plankton, fish, shellfish, wildlife, plant 
life, shorelines, beaches, esthetics, and recreation which may be expected 
from the presence of pollutants in any body of water, including 
ground water; (B) on the concentration and dispersal of pollutants, 
or their 'byproducts, through biological, physical, and chemical proc-
esses; and (C) on the effects of pollutants on biological community 
diversity, productivity, and stability, including information on the 
factors affecting rates of eutrophication and rates of organic and inor-
ganic sedimentation for varying types of receiving waters. 
"(2) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall develop and 
publish, within one year after the date of enactment of this title (and 
from time to time thereafter revise) information (A) on the factors 
necessaiy to restore and maintain the chemical, physical, and bio-
logical integrity of all navigable waters, giound watere, waters of 
the contiguous zone, and the oceans; (B) on the factor's necessaiy for 
the protection and propagation of shellfish, fish, and wildlife for classes 
and categories of receiving waters and to allow recreational activities 
in and on the water; and (C) on the measuT'ement and classification of 
water quality; and (D) for the purpose of section 303, on and the 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
851 
identification of pollutants suitable for maximum daily load measure-
ment correlated with the achievement of water quality objectives. 
"(3) Such criteria and information and revisions thereof shall be 
issued to the States and shall be published in the Federal Register and 
otherwise made available to the public. 
"(b) For the purpose of adopting or revising effluent limitations 
under this Act the Administrator shall, after consultation with appro-
priate Federal and State agencies and other interested persons, publish 
within one year of enactment of this title, regulations, providing guide-
lines for effluent limitations, and, at least annually thereafter, revise, if 
appropriate, such regulations. Such regulations shall— 
"(1)(A) identify, in terms of amounts of constituents and 
chemical, physical, and biological characteristics of pollutants, the 
degree of effluent reduction attainable through the application of 
the best practicable control technology currently available for 
classes and categories of point sources (other than publicly owned 
treatment works) ; and 
"(B) specify factors to be taken into account in determining the 
control measures and practices to be applicable to point sources 
(other than publicly owned treatment w^orks) within such cate-
gories or classes. Factoi-s relating to the assessment of best 
practicable control technology currently available to comply with 
subsection (b) (1) of section 301 of this Act shall include consider-
ation of the total cost of application of technology in relation to 
the effluent reduction benefits to be achieved from such applica-
tion, and shall also take into account the age of equipment and 
facilities involved, the process employed, the engineering aspects 
of the application of various types of control techniques, process 
changes, non-water quality environmental impact 
(including 
energy requirements), and such other factors as the Administrator 
deems appropriate; 
"(2) (A) identify, in terms of amounts of constituents and 
chemical, physical, and biological characteristics of pollutants, 
the degree of effluent reduction attainable through the application 
of the best control measures and practices achievable including 
treatment techniques, process and procedure innovations, operat-
ing methods, and other alternatives for classes and categories of 
point sources (other than publicly owned treatment works); and 
"(B) specify factors to be taken into account in determining 
the best measures and practices available to comply with subsec-
tion (b) (2) of section 301 of this Act to be applicable to any 
point source (other than publicly owned treatment works) within 
such categories or classes. Factors relating to the assessment of 
best available technology shall take into account the age of 
equipment and facilities involved, the process employed, the 
engineering aspects of the application of various types of control 
techniques, process changes, the cost of achieving such effluent 
reduction, non-water quality environmental impact (including 
energy requirements), and such other factors as the Administrator 
deems appropriate; and 
" (3) identify control measures and practices available to elimi-
nate the discharge of pollutants from categories and classes of 
point sources, taking into account the cost of achieving such elimi-
nation of the discharge of pollutants. 
"(c) The Administrator, after consultation, vrith appropriate Fed-
eral and State agencies and other interested persons, shall issue to the 
States and appropriate water pollution control agencies within 270 
days after enactment of this title (and from time to time thereafter) 
information on the processes, procedures, or operating methods which 
Publication in 
Federal Register. 
Effluent limita-
tion guidelines, 
publication. 
Pollution dis-
charges, elimi-
nation procedures 
information. 
852 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Alternative 
waste treatment 
methods. 
Publication in 
Federal Register. 
Secondary treat-
ment information. 
Publication in 
Federal Register. 
Pretreatment 
standards guide-
lines, publica-
tion. 
result ill the elimination or reduction of the discharge of pollutants 
to implement standards of performance under section 306 of this Act* 
Such information shall include technical and other data, including 
costs, as are available on alternative methods of elimination or reduc-
tion of the discharge of pollutants. Such information, and revisions 
thereof, shall be published in the Federal Register and otherwise shall 
be made available to the public. 
*'(d)(1) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall publish 
within sixty days after enactment of this title (and from time to time 
thereafter) information, in terms of amounts of constituents and chem-
ical, physical, and biological characteristics of pollutants, on the degree 
of effluent reduction attainable through the application of secondary 
treatment. 
"(2) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall publish 
within nine months after the date of enactment of this title (and from 
time to time thereafter) information on alternative waste treatment 
management techniques and systems available to implement section 
201 of this Act. 
"(e) The Administrator, after consultation with appropriate Fed-
eral and State agencies and other interested persons, shall issue to 
appropriate Federal agencies, the States, water pollution control 
agencies, and agencies designated under section 208 of this Act, within 
one year after the effective date of this subsection (and from time to 
time thereafter) information including (1) guidelines for identifying 
and evaluating the nature and extent of nonpoint sources of pollutants, 
and (2) processes, pi-ocedures, and methods to control pollution result-
ing from— 
"(A) agricultural and silvicultural activities, including runoff 
fi-om fields and crop and forest lands; 
"(B) mining activities, including rmioff and siltation from 
new, currently operating, and asbandoned surface and under-
ground mines; 
"(C) all construction activity, including runoff from the facili-
ties resulting from such construction; 
"(D) the disposal of pollutants in wells or in subsurface 
excavations; 
"(E) salt water intrusion resulting from reductions of fresh 
water ilow from any cause, including extraction of ground water, 
irria:ation, obstruction, and diversion; and 
" ( F ) changes in the movement, flow, or circulation of any navi-
gable waters or ground waters, including changes caused by the 
oonstruction of (Tarns, levees, channels, causeways, or flow diver-
sion facilities. 
Such information and revisions thereof shall be published in the Fed-
eral Register and otherwise made available to the public. 
"(f) (1) For the purpose of assisting States in carrying out pro-
grams under section 402 of this Act, the Administrator shdl publish, 
within one hundred and twenty days after the date of enactment of this 
title, and review at leas t annually thereafter and, if appropriate, revise 
guidelines for pretreatment of pollutants which he determines are not 
susceptible to treatment by publicly owned treatment works. Guide-
lines under this subsection shall be established to control and prevent 
the dischai'ge into the navigable waters, the contiguous zone, or the 
ocean (either directly or through publicly owned treatment works) of 
any pollutant which interferes with, passes through, or otherwise is 
incompatible with such works. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18,1972 
853 
" (2) When publishing guidelines under this subsection, the Admin-
istrator shall designate the category or categories of treatment works 
to which the guidelines shall apply. 
" (g) Th« Administrator shall, within one hundred and eighty days 
from the date of enactment of this title, promulgate guidelines estab-
lishing test procedures for the analysis of pollutants that shall include 
the factors which must be provided in any certification pursuant to 
section 401 of this Act or permit application pursuant to section 402 
of this Act. 
"(h) The Administrator shall (1) within sixty days after the enact-
ment of this title promulgate guidelines for the purpose of establish-
ing uniform application forms and other minimum requirements for 
the acquisition of information from owners and operators of point-
sources of discharge subject to any State program under section 402 of 
this Act, and (2) within sixty days from the date of enactment of 
this title promulgate guidelines establishing the minimum procedural 
and other elements of any State program under section 402 of this Act 
which shall include: 
"(A) monitoring requirements; 
"(B) reporting requirements (including procedures to make 
information available to the public) ; 
"(C) enforcement provisions; and 
"(D) funding, personnel qualifications, and manpower require-
ments (including a requirement that no board or body which 
approves permit applications or portions thereof shall include, 
as a member, any person who receives, or has during the previous 
two years received, a significant portion of his income directly 
or indirectly from permit holders or applicants for a permit). 
"(i) The Administrator shall, within 270 days after the effective 
date of this subsection (and from time to time thereafter), issue such 
information on methods, procedures, and processes as may be appro-
priate to restore and enhance the quality of the Nation's publicly 
owned fresh water lakes. 
"(j) (1) The Administrator shall, within six months from the date 
of enactment of this title, enter into agreements with the Secretary of 
Agriculture, the Secretary of the Army, and the Secretary of the 
Interior to provide for the maximum utilization of the appropriate 
programs authorized under other Federal law to be carried out by 
such Secretaries for the purpose of achieving and maintaining water 
quality through appropriate implementation of plans approved under 
section 208 of this Act. 
"(2) The Administrator, pursuant to any agreement under para-
graph (1) of this subsection is authorized to transfer to the Secretary 
of Agriculture, the Secretary of the Army, or the Secretary of the 
Interior any funds appropriated under paragraph (3) of this subsec-
tion to supplement any funds otherwise appropriated to carry out 
appropriate programs authorized to be carried out by such Secretaries. 
"(3) There is authorized to be appropriated to carry out the pro-
visions of this subsection, $100,000,000 per fiscal year for the fiscal year 
ending June 30, 1973, and the fiscal year ending June 30,1974. 
Test procedures, 
guidelines. 
Monitoring, re-
porting, etc., 
guidelines. 
Transfer of 
funds. 
Appropriation. 
"WATER QUALITY INVENTORY 
"SEC. 305. (a) The Administrator, in cooperation with the States 
and with the assistance of appropriate Federal agencies, shall prepare 
a report to be submitted to the Congress on or before January 1,1974, 
which shall— 
"(1) describe the specific quality, during 1973, with appro-
priate supplemental descriptions as shall be required to take into 
Report to Con-
gress. 
854 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
account seasonal, tidal, and other variations, of all na^dgable 
waters and the waters of the contiguous zone; 
"(2) include an inventory of all point sources of discharge 
(based on a qualitative and quantitative analysis of discharges) of 
pollutants, into all navigable waters and the waters of the con-
tiguous zone; and 
"(3) identify specifically those navigable waters, the quality 
of which— 
"(A) is adequate to provide for the protection and propa-
gation of a balanced population of shellfish, fish, and wildlife 
and allow recreational activities in and on the water; 
"(B) can reasonably be expected to attain such level by 
1977 or 1983; and 
"(C) can reasonably be expected to attain such level by 
any later date. 
state reports. 
"(b) (1) Each State shall prepare and submit to the Administrator 
by January 1, 1975, and shall bring up to date each year thereafter, a 
report which shall include— 
" (A) a description of the water quality of all navigable watei-s 
in such State during the preceding year, with appropriate sup-
plemental descriptions as shall be required to take into account 
seasonal, tidal, and other variations, correlated with the quality of 
water required by the objective of this Act (as identified by the 
Administrator pursuant to criteria published under section 304 (a) 
of this Act) and the water quality described in subparagraph (B) 
of this paragraph; 
"(B) an analysis of the extent to which all navigable waters 
of such State provide for the protection and propagation of a 
balanced population of shellfish, fish, and wildlife, and allow 
recreational activities in and on the water; 
"(C) an analysis of the extent to which the elimination of the 
discharge of pollutants and a level of water quality which pro-
vides for the protection and propagation of a balanced popu-
lation of shellfish, fish, and wildlife and allows recreational 
activities in and on the water, have been or will be achieved by the 
requirements of this Act, together with recommendations as to 
additional action necessary to achieve such objectives and for 
what waters such additional action is necessary; 
"(D) an estimate of (i) the environmental impact, (ii) the 
economic and social costs necessary to achieA^^e the objective of 
this Act in such State, (iii) the economic and social benefits of 
such achievement, and (iv) an estimate of the date of such 
achievement; and 
"(E) a description of the nature and extent of nonpoint sources 
of pollutants, and recommendations as to the programs which 
must be undertaken to control each category of such sources, 
including an estimate of the costs of implementing such programs. 
Transmittal to 
"(2) Thc Admiuistrator shall transmit such State reports, together 
with an analysis thereof, to Congress on or before October 1, 1975, 
and annually thereafter. 
Congress. 
"NATIONAL STANDARDS OF PERFORMANCE 
Definitions. 
"SEC. 306. (a) FoT puTposes of this section: 
" (1) The term 'standard of performance' means a standard for the 
control of the discharge of pollutants which reflects the greatest 
degree of effluent reduction which the Administrator determines to be 
achievable through application of the best available demonstrated 
control technology, processes, operating methods, or other alterna-
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
855 
tives, including, where practicable, a standard permitting no dis-
charge of pollutants. 
"(2) The term 'new source' means any source, the construction of 
which is commenced after the publication of proposed regulations 
prescribing a standard of performance under this section which will 
be applicaole to such source, if such standard is thereafter promul-
gated in accordance with this section. 
"(3) The term 'source' means any building, structure, facility, or 
installation from which there is or may be the discharge of pollutants. 
"(4) The term 'owner or operator' means any person who owns, 
leases, operates, controls, or supervises a source. 
"(5) The term 'construction' means any placement, assembly, or 
installation of facilities or equipment (including contractual obliga-
tions to purchase such facilities or equipment) at the premises where 
such equipment will be used, including preparation work at such 
premises. 
" (b) (1) (A) The Administrator shall, within ninety days after the 
„^°7J^^J^' ybuca 
date of enactment of this title publish (and from time to time there- fi^*^. '**' P" 
niter shall revise) a list of categories of sources, which shall, at the 
minimum, include: 
"pulp and paper mills; 
"paper^board, builders paper and board mills; 
"meat product and rendering processing; 
"dairy product processing; 
"grain mills; 
"canned and preserved fruits and vegetables processing; 
"canned and preserved seafood processing; 
"sugar processing; 
"textile mills; 
"cement manufacturing; 
"feedlots; 
"electroplating; 
"organic chemicals manufacturing; 
"inorganic chemicals manufacturing; 
"plastic and synthetic materials manufacturing; 
"soap and detergent manufacturing; 
"fertilizer manufacturing; 
"petroleum refining; 
"iron and steel manufacturing; 
"nonferrous metals manufacturing; 
"phosphate manufacturing; 
"steam electric powerplants; 
"ferroalloy manufacturing; 
"leather tanning and finishing; 
"glass and asbestos manufacturing; 
"rubber processing; and 
"timber products processing. 
"(B) As soon as practicable, but in no case more than one year, 
Federal stand-
i
t
,
, 
» 
^ 
•
•
•
1
1
1
' 
T J . 
1 
1 
1 
ards of perform-
after a category of sources is included m a list under subparagraph ance, publication 
(A) of this paragraph, the Administrator shall propose and publish °f regulations. 
regulations establishing Federal standards of performance for new 
sources within such category. The Administrator shall afford inter-
ested persons an opportunity for written comment on such proposed 
reflations. After considering such comments, he shall promulgate, 
within one hundred and twenty days after publication of such pro-
posed regulations, such standards with such adjustments as he deems 
appropriate. The Administrator shall, from time to time, as technol-
856 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Standards of 
performance. 
State enforcement 
procedure. 
68A Stat. 51; 
85 Stat. 508. 
83 Stat. 667. 
26 u s e 167, 
169. 
ogy and alternatives change, revise such standards following the 
procedure required by this subsection for promulgation of such 
standards. Standards of performance, or revisions thereof, shall 
become effective upon promulgation. In establishing or revising 
Federal standards of performance for new sources under this section, 
the Administrator shall take into consideration the cost of achieving 
such effluent reduction, and any non-water quality environmental 
impact and energy requirements. 
"(2) The Administrator may distinguish among classes, types, and 
sizes within categories of new sources for the purpose of establish-
ing such standards and shall consider the type of process employed 
(including whether batch or continuous). 
"(3) The provisions of this section shall apply to any new source 
owned or operated by the United States. 
"(c) Each State may develop and submit to the Administrator a 
procedure under State law for applying and enforcing standards of 
performance for new sources located in such State. If the Adminis-
trator finds that the procedure and the law of any State require the 
application and enforcement of standards of performance to at least 
the same extent as required by this section, such State is authorized 
to apply and enforce such standards of performance (except with 
respect to new sources owned or operated by the United States). 
"(d) Notwithstanding any other provision of this Act, any point 
source the construction of which is commenced after the date of enact-
ment of the Federal Water Pollution Control Act Amendments 
of 1972 and which is so constructed as to meet all applicable standards 
of performance shall not be subject to any more stringent standard 
of performance during a ten-year period beginning on the date of 
completion of such construction or during the period of depreciation 
or amortization of such facility for the purposes of section 167 or 169 
(or both) of the Internal Revenue Code of 1954, whichever period 
ends first. 
"(e) After the effective date of standards of performance promul-
gated under this section, it shall be unlawful for any owner or operator 
of any new source to operate such source in violation of any standard 
of performance applicable to such source. 
Proposed 
effluent stand-
ard, publication. 
80 Stat. 383. 
"TOXIC AND PRETREATMENT EFFI^UENT STANDARDS 
"SEC. 307. (a) (1) The Administrator shall, within ninety days after 
the date of enactment of this title, publish (and from time to time 
thereafter revise) a list which includes any toxic pollutant or combina-
tion of such pollutants for which an effluent standard (which may 
include a prohibition of the discharge of such pollutants or combina-
tion of such pollutants) will be established under this section. The 
Administrator in publishing such list shall take into account the toxic-
ity of the pollutant, its persistence, degradability, the usual or potential 
presence of the affected organisms in any waters, the importance of 
the affected organisms and the nature and extent of the effect of the 
toxic pollutant on such organisms. 
"(2) Within one hundred and eighty days after the date of pub-
lication of any list, or revision thereof, containing toxic pollutants or 
combination of pollutants under paragraph (1) of this subsection, the 
Administrator, in accordance with section 553 of title 5 of the United 
States Code, shall publish a proposed effluent standard (or a prohibi-
tion) for such pollutant or combination of pollutants which shall take 
into account the toxicity of the pollutant, its persistence, degradability. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
857 
Hearing. 
Revised effluent 
standard. 
Effective date. 
the usual or potential presence of the affected organisms in any 
waters, the importance of the affected organisms and the nature and 
extent of the effect of the toxic pollutant on such organisms, and he 
shall publish a notice for a public hearing on such proposed standard 
to be held within thirty days. As soon as possible after such hearing, 
but not later than six months after publication of the proposed effluent 
standard (or prohibition), unless the Administrator finds, on the 
record, that a modification of such proposed standard (or prohibition) 
is justified based upon a preponderance of evidence adduced at such 
hearings, such standard (or prohibition) shall be pi.'omulgated. 
"(3) If after a public hearing the Administrator finds that a modi-
fication of such proposed standard (or prohibition) is justified, a 
revised effluent standard (or prohibition) for such pollutant or com-
bination of pollutants shall be promulgated immediately. Such stand-
ard (or prohibition) shall be reviewed and, if appropriate, revised at 
least every three years. 
"(4) Any effluent standard promulgated under this section shall be 
at that level which the Administrator determines provides an ample 
margin of safety. 
"(5) When proposing or promulgating any effluent standard (or 
prohibition) under this section, the Administrator shall designate the 
category or categories of sources to which the effluent standard (or 
prohibition) shall apply. Any disposal of dredged material may be 
included in such a category of sources after consultation with the 
Secretary of the Army. 
"(6) Any effluent standard (or prohibition) established pursuant to 
this section shall take effect on such date or dates as specified in the 
order promulgating such standard, but in no case more than one year 
from the date of such promulgation. 
"(7) Prior to publishing any regulations pursuant to this section 
the ^Administrator shall, to the maximum extent practicable within 
the time provided, consult with appropriate advisory committees. 
States, independent experts, and Federal departments and agencies. 
"(b) (1) The Administrator shall, within one hundred and eighty 
days after the date of enactment of this title and from time to time 
thereafter, publish proposed regulations establishing pretreatment publication 
standards for introduction of pollutants into treatment works (as 
defined in section 212 of this Act) which are publicly owned for those 
pollutants which are determined not to be susceptible to treatment by 
such treatment works or which would interfere with the operation of 
such treatment works. Not later than ninety days after such publica-
tion, and after opportunity for public hearing, the Administrator shall 
promulgate such pretreatment standards. Pretreatment standards 
under this subsection shall specify a time for compliance not to exceed 
three years from the date of promulgation and shall be established to 
prevent the discharge of any pollutant through treatment works (as 
defined in section 212 of this Act) which are publicly owned, which 
pollutant interferes with, passes through, or otherwise is incompatible 
with such works. 
' 
"(2) The Administrator shall, from time to time, as control tech-
nology, processes, operating methods, or other alternatives change, 
revise such standards following the procedure established by this sub-
section for promulgation of such standards. 
"(3) When proposing or promulgating any pretreatment standard 
under this section, the Administrator shall designate the category or 
categories of sources to which such standard shall apply. 
"(4) Nothing in this subsection shall affect any pretreatment 
requirement established by any State or local law not in conflict with 
any pretreatment standard established under this subsection. 
Pretreatment 
tandards, pro-
posed regulations. 
858 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(c) In order to insure that any source introducing pollutants into a 
publicly owned treatment works, which source would be a new source 
subject to section 306 if it were to discharge pollutants, will not cause a 
violation of the effluent limitations established for any such treatment 
works, the Administrator shall promulgate pretreatment standards for 
the category of such sources simultaneously with the promulgation of 
standards of performance under section 306 for the equivalent category 
of new sources. Such pretreatment standards shall prevent the dis-
charge of any pollutant into such treatment works, which pollutant 
may interfere with, pass through, or otherwise be incompatible with 
such works. 
"(d) After the effective date of any effluent standard or prohibition 
or pretreatment standard promulgated under this section, it shall be 
unlawful for any owner or operator of any source to operate any source 
in violation of any such effluent standard or prohibition or pretreat-
ment standard. 
"INSPECTIONS, MONITORING AND ENTRY 
"SEC. 308. (a) Whenever required to carry out the objective of this 
Act, including but not limited to (1) developing or assisting in the 
development of any effluent limitation, or other limitation, prohi-
bition, or effluent standard, pretreatment standard, or standard of 
performance under this Act; (2) determining whether any person is 
in violation of any such effluent limitation, or other limitation, pro-
hibition or effluent standard, pretreatment standard, or standard of 
performance; (3) any requirement established under this section; or 
(4) carrying out sections 305, 311, 402, and 504 of this Act— 
Recordkeeping; 
"(A) the Administrator shall require the owner or operator 
of any point source to (i) establish and maintain such records, 
(ii) make such reports, (iii) install, use, and maintain such 
monitoring equipment or methods (including where appropriate, 
biological monitoring methods), (iv) sample such effluents (in 
accordance with such methods, at such locations, at such inter-
vals, and in such manner as the Administrator shall prescribe), 
and (v) provide such other information as he may reasonably 
require; and 
"(B) the Administrator or his authorized representative, upon 
presentation of his credentials— 
"(i) 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 clause (A) of 
this subsection are located, and 
"(ii) may at reasonable times have access to and copy 
any records, inspect any monitoring equipment or method 
required under clause (A), and sample any effluents which the 
owner or operator of such source is required to sample under 
such clause. 
"(b) Any records, reports, or information obtained under this sec-
tion (1) shall, in the case of effluent data, be related to any applicable 
effluent limitations, toxic, pretreatment, or new source performance 
standards, and (2) shall be available to the public, except that upon 
a showing satisfactory to the Administrator by any person that rec-
ords, reports, or information, or particular part thereof (other than 
effluent data), to which the Administrator has access under this sec-
tion, if made public would divulge methods or processes entitled to 
protection as trade secrets of such person, the Administrator shall 
consider such record, report, or information, or particular portion 
thereof confidential in accordance with the purposes of section 1905 
reports 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
859 
of title 18 of the United States Code, except that such record, report, 
^2 stat. 791. 
or information may be disclosed to other officers, employees, or author-
ized representatives of the United States concerned with carrying 
out this Act or when relevant in any proceeding under this Act. 
"(c) Each State may develop and submit to the Administrator pro-
cedures under State law for inspection, monitoring, and entry with 
respect to point sources located m such State. If the Administrator 
finds that the procedures and the law of any State relating to inspec-
tion, monitoring, and entry are applicable to at least the same extent 
as those required by this section, such State is authorized to apply 
and enforce its procedures for inspection, monitoring, and entry with 
respect to point sources located in such State (except with respect to 
point sources owned or operated by the United States). 
IL 
FEDERAL ENFORCEMENT 
"SEC. 309. (a) (1) Whenever, on the basis of any information avail-
able to him, the Administrator finds that any person is in violation 
of any condition or limitation which implements section 301, 302, 306, 
307, or 308 of this Act in a permit issued by a State under an approved 
permit program under section 402 of this Act, he shall proceed under 
his authority in paragraph (3) of this subsection or he shall notify 
the person in alleged violation and such State of such finding. If 
beyond the thirtieth day after the Administrator's notification the 
State has not commenced appropriate enforcement action, the Adminis-
trator shall issue an order requiring such person to comply with such 
condition or limitation or shall bring a civil action in accordance with 
subsection (b) of this section. 
"(2) Whenever, on the basis of information available to him, the 
Administrator finds that violations of permit conditions or limitations 
as set forth in paragraph (1) of this subsection are so widespread that 
such violations appear to result from a failure of the State to enforce 
such permit conditions or limitations effectively, he shall so notify the 
State. If the Administrator finds such failure extends beyond the 
thirtieth day after such notice, he shall give public notice of such find-
ing. During the period beginning with such public notice and ending 
when such State satisfies the Administrator that it will enforce such 
conditions and limitations (hereafter referred to in this section as the 
period of 'federally assumed enforcement'), the Administrator shall 
enforce any permit condition or limitation with respect to any person— 
"(A) by issuing an order to comply with such condition or 
limitation, or 
"(B) by bringing a civil action under subsection (b) of this 
section. 
"(3) Whenever on the basis of any information available to him 
the Administrator finds that any person is in violation of section 301, 
302, 306, 307, or 308 of this Act, or is in violation of any permit con-
dition or limitation implementing any of such sex^tions in a permit 
issued under section 402 of this Act by him or by a State, he shall issue 
an order requiring such person to comply with such section or require-
ment, or he shall bring a civil action in accordance with subsection (b) 
of this section. 
"(4) A copy of any order issued under this subsection shall be sent 
immediately by the Administrator to the State in which the violation 
occurs and other affected States. Any order issued under this subsection 
shall be by personal service and shall state with reasonable specificity 
the nature of the violation, specify a time for compliance, not to exceed 
thirty days, which the Administrator determines is reasonable, taking 
into account the seriousness of the violation and any good faith efforts 
860 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
to comply Avith applicable requirements. In any case in which an order 
under this subsection (or notice to a violator under paragraph (1) of 
this subsection) is issued to a corporation, a copy of such order (or 
notice) shall be served on any appropriate corporate officers. An order 
issued under this subsection relating to a violation of section 308 of this 
Act shall not take effect until the person to whom it is issued has had 
an opportunity to confer with the Administrator concerning the 
alleged violation. 
"(b) The Administrator is authorized to commence a civil action for 
appropriate relief, including a permanent or temporary injunction, for 
any violation for which he is authorized to issue a compliance order 
under subsection (a) of this section. Any action under this subsection 
may be brought in the district court of the Ignited States for the dis-
trict in which the defendant is located or resides or is doing business, 
and such court shall have jurisdiction to restrain such violation and to 
require compliance. Notice of the commencement of such action shall 
be given immediately to the appropriate State. 
Penalties, 
"(c)(1) Auy pcrsou who willfully or negligently violates section 
801, 302,306,307, or 308 of this Act, or any permit condition or limita-
tion implementing any of such sections in a permit issued under section 
402 of this Act by the Administrator or by a State, shall be punished by 
a fine of not less than $2,500 nor more than $25,000 per day of violation, 
or by imprisonment for not more than one year, or by both. If the con-
viction is for a violation committed after a first conviction of such per-
son under this paragraph, punishment shall be by a fine of not more 
than $50,000 per day of violation, or by imprisonment for not more 
than two years, or by both. 
"(2) Any person who knowingly makes any false statement, rep-
resentation, or certification in any application, record, report, plan, or 
other document filed or required to be maintained under this Act or 
who falsifies, tampers with, or knowingly renders inaccurate any moni-
toring device or method required to be maintained under this Act, 
shall upon conviction, be punished by a fine of not more than $10,000, 
or by imprisonment for not more than six months, or by both. 
"Person." 
^H^) For the purposes of this subsection, the term 'pei-son' shall 
mean, in addition to the definition contained in section 502(5) of this 
Act, any responsible corporate officer. 
"(d) Any person who violates section 301, 302, 306, 307, or 308 of 
this Act, or any permit condition or limitation implementing any of 
such sections in a permit issued under section 402 of this Act by the 
Administrator, or by a State, and any person who violates any order 
issued by the Administrator under subsection (a) of this section, shall 
be subject to a civil penalty not to exceed $10,000 per day of such 
violation. 
"(e) Whenever a municipality is a party to a civil action brought 
by the LTnited States under this section, the State in which such munic-
ipality is located shall be joined as a party. Such State shall be liable 
for payment of any judgment, or any expenses incurred as a result of 
complying with any judgment, entered against the municipality in 
such action to the extent that the laws of that State prevent the municr 
ipality from raising revenues needed to comply with such judgment. 
"INTERNATIONAL POLLUTION ABATEMENT 
"SEC. 310. (a) Whenever the Administrator, upon receipts of 
reports, surveys, or studies from any duly constituted international 
agency, has reason to believe that pollution is occurring which endan-
gers the health or welfare of persons in a foreign country, and the 
Secretary of State requests him to abate such pollution, he shall give 
86 STAT.] 
PUBLIC L
A
W 92-500-OCT. 18, 1972 
861 
formal notification thereof to the State water pollution control agency 
of the State or States in which such discharge or discharges originate 
and to the appropriate interstate agency, if any. He shall also promptly 
call such a hearmg, if he believes that such pollution is occurring in 
sufficient quantity to warrant such action, and if such foreign country 
has given the United States essentially the same rights with respect to 
the prevention and control of pollution occurring in that country as is 
given that country by this subsection. The Administrator, through the 
Secretary of State, shall invite the foreign country wnich may be 
adversely affected by the pollution to attend and participate in the 
hearing, and the representative of such country shall, for tne purpose 
of the nearing and any further proceeding resulting from such hear-
ing, have all the rights of a State water pollution control agency. 
Nothing in this subsection shall be construed to modify, amend, repeal, 
or otherwise affect the provisions of the 1909 Boundary Waters Treaty 
between Canada and the United States or the "Water Utilization 
Treaty of 1944 between Mexico and the United States (59 Stat. 1219), 
relative to the control and abatement of pollution in waters covered 
by those treaties. 
"(b) The calling of a hearing under this section shall not be con-
strued by the courts, the Administrator, or any person as limiting, 
modifying, or otherwise affecting the functions and responsibilities oi 
the Administrator under this section to establish and enforce water 
quality requirements under this Act. 
"(c) The Administrator shall publish in the Federal Register a 
notice of a public hearing before a hearing board of five or more 
persons appointed by the Administrator. A majority of the mem-
bers of the board and the chairman who shall be designated by the 
Administrator shall not be officers or employees of Federal, State, 
or local governments. On the basis of the evidence presented at such 
hearing, the board shall within sixty days after completion of the 
hearing make findings of fact as to whether or not such pollution 
is occurring and shall thereupon by decision, incorporating its find-
ings therein, make such recommendations to abate the pollution as 
may be appropriate and shall transmit such decision and the record 
of the hearings to the Administrator. All such decisions shall be public. 
Upon receipt of such decision^ the Administrator shall promptly 
implement the board's decision m accordance with the provisions of 
this Act. 
"(d) In connection with any hearing called under this subsection, 
the board is authorized to require any person whose alleged activities 
result in discharges causing or contributing to pollution to file with it 
in such forms as it may prescribe, a report based on existing data, 
furnishing such information as may reasonably be required as to the 
character, Icind, and quantity of such discharges and the use of facili-
ties or other means to prevent or reduce such discharges by the person 
filing such a report. Such report shall be made under oath or other-
wise, as the board may prescribe, and shall be filed with the board 
within such reasonable period as it may prescribe, unless additional 
time is granted by it. Upon a showing satisfactory to the board by the 
person filing such report that such report or portion thereof (other 
than effluent data), to which the Admmistrator has access under this 
section, if made public would divulge trade secrets or secret processes 
of such person, the board shall consider such report or portion thereof 
confidential for the purposes of section 1905 of title 18 of the United 
States Code. If any person required to file any report under this para-
graph shall fail to do so withm the time fixed by the board for filing 
the same, and such failure shall continue for thirty days after notice 
of such default, such person shall forfeit to the United States the sum 
Hearing. 
36 Stat. 2448. 
Notice, publi-
cation in Federal 
Register. 
Report. 
62 Stat. 791, 
Penalty. 
note 
862 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
of $1,000 for each and every day of the continuance of such failure, 
which forfeiture shall be payable into the Treasury of the United 
States, and shall be recoverable in a civil suit in the name of the 
United States in the district court of the United States where such 
person has his principal office or in any district in which he does 
business. The Administrator may upon application therefor remit or 
mitigate any forfeiture provided for under this subsection. 
"(e) Board members, other than officers or employees of Federal, 
State, or local governments, shall be for each day (including travel-
time) during which they are performing board business, entitled to 
receive compensation at a rate fixed by the Administrator but not in 
excess of the maximum rate of pay for grade GS-18, as provided in 
the General Schedule under section 5332 of title 5 of the United States 
s^usc 5332 
Code, and shall, notwithstanding the limitations of sections 5703 and 
sostat. 499; 
5704 of title 5 of the United States Code, be fully reimbursed for 
83 Stat. 190. 
travel, subsistence, and related expenses. 
"(f) When any such recommendation adopted by the Administra-
tor involves the institution of enforcement proceedings against any 
person to obtain the abatement of pollution subject to such recom-
mendation, the Administrator shall institute such proceedings if he 
believes that the evidence warrants such proceedings. The district 
court of the United States shall consider and determine de novo all 
relevant issues, but shall receive in evidence the record of the pro-
ceedings before the conference or hearing board. The court shall have 
jurisdiction to enter such judgment and orders enforcing such judg-
ment as it deems appropriate or to remand such proceedings to the 
Administrator for such further action as it may direct. 
"OIL AND HAZARDOUS SUBSTANCE LIABILITY 
Definitions. 
"SEC. 311. (a) For the purpose of this section, the term— 
"(1) 'oil' means oil of any kind or in any form, including, but 
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed 
with wastes other than dredged spoil; 
"(2) 'discharge' includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying or dumping; 
"(3) 'vessel' means every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means 
of transportation on water other than a public vessel; 
"(4) 'public vessel' means a vessel owned or bareboat-chartered 
and operated by the United States, or by a State or political sub-
division thereof, or by a foreign nation, except when such vessel 
is engaged in commerce; 
" (5) 'United States' means the States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Canal Zone, Guam, Amer-
ican Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands; 
"(6) 'owner or operator' means (A) in the case of a vessel, any 
person owning, operating, or chartering by demise, such vessel, 
and (B) in the case of an onshore facility, and an offshore facil-
ity, any person owning or operating such onshore fsicility or 
offshore facility, and (C) in the case of any abandoned offshore 
facility, the person who owned or operated such facility immedi-
ately prior to such abandonment; 
"(7) 'person' includes an individual, firm, corporation, associa-
tion, and a partnership; 
"(8) 'remove' or 'removal' refers to removal of the oil or haz-
ardous substances from the water and shorelines or the taking of 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
863 
such other actions as may be necessary to minimize or mitigate 
damage to the public health or welfare, including, but not limited 
to, fish, shellfish, wildlife, and public and private property, shore-
lines, and beaches; 
"(9) 'contiguous zone' means the entire zone established or to 
be established by the United States under article 24 of the Con-
vention on the Territorial Sea and the Contiguous Zone; 
"(10) 'onshore facility' means any facility (including, but not 
limited to, motor vehicles and rolling stock) of any kind located 
in, on, or under, any land within the United States other than 
submerged land; 
"(11) 'offshore facility' means any facility of any kind located 
in, on, or under, any of the navigable waters of the United States 
other than a vessel or a public vessel; 
"(12) 'act of God' means an act occasioned by an unanticipated 
grave natural disaster; 
"(13) 'barrel' means 42 United States gallons at 60 degrees 
Fahrenheit; 
"(14) 'hazardous substance' means any substance designated 
pursuant to subsection (b) (2) of this section. 
"(b)(1) The Congress hereby declares that it is the policy of 
the United States that there should be no discharges of oil or hazard-
ous substances into or upon the navigable waters of the United States, 
adjoining shorelines, or into or upon the waters of the contiguous 
zone. 
"(2) (A) The Administrator shall develop, promulgate, and revise 
as may be appropriate, regulations designating as hazardous sub-
stances, other than oil as defined in this section, such elements and 
compounds which, when discharged in any quantity into or upon the 
navigable waters of the United States or adjoining shorelines or the 
waters of the contiguous zone, present an imminent and substantial 
danger to the public health or welfare, including, but not limited to, 
fish, shellfish, wildlife, shorelines, and beaches. 
"(B) (i) The Administrator shall include in any designation under 
subparagraph (A) of this subsection a determination whether any 
such designated hazardous substance can actually be removed. 
"(ii) The owner or operator of any vessel, onshore facility, or off-
shore facility from which there is discharged during the two-year 
period beginning on the date of enactment of the Federal Water Pol-
lution Control Act Amendments of 1972, any hazardous substance 
determined not removable under clause (i) of this subparagraph shall 
be liable, subject to the defenses to liability provided under subsection 
(f) of this section, as appropriate, to the United States for a civil pen-
alty per discharge established by the Administrator based on toxicity, 
degradability, and dispersal characteristics of such substance, in an 
amount not to exceed $50,000, except that where the United States 
can show that such discharge was a result of willful negligence or will-
ful misconduct within the privity and knowledge of the owner, such 
owner or operator shall be liable to the United States for a civil pen-
alty in such amount as the Administrator shall establish, based upon the 
toxicity, degradability, and dispersal characteristics of such substance, 
"(iii) After the expiration of the two-year period referred to in 
clause (ii) of this subparagraph, the owner or operator of any vessel, 
onshore facility, or offshore facility, from which there is discharged 
any hazardous substance determined not removable under clause (i) 
of this subparagraph shall be liable, subject to the defenses to liability 
provided in subsection (f) of this section, to the United States for 
either one or the other of the following penalties, the determination of 
which shall be in the discretion of the Administrator: 
15 UST 1606. 
Prohibition. 
Regulations. 
Hazardous sub-
stances, remov-
ability determi-
nation. 
12 UST 2989. 
864 
PUBLIC LAW 92-500-OCT. 18, X972 
[86 STAT. 
"(aa) a penalty in such amount as the Administrator shall 
establish, based on the toxicity, degradability. and dispei-sal char-
acteristics of the substance, but not less than $500 nor more than 
$5,000; or 
"(bb) a penalty determined by the number of units discharged 
multiplied by the amount established for such unit under clause 
(iv) of this subparagraph, but such penalty shall not be more than 
$5,000,000 in the case of a discharge from a vessel and $500,000 
in the case of a discharge fTom an onshore or offshore facility, 
"'(iv) The Administrator shall establish by regulation, for each 
liazardous substance designated under subparagraph (A) of this para-
graph, and within 180 days of the date of such designation, a unit of 
measurement based upon the usual trade practice and, for the purpose 
of determining the penalty under clause (iii) (bb) of this subpara-
graph, shall establish for each such unit a fixed monetary amount 
which shall be not less than $100 nor more than $1,000 per unit. He 
shall establish such fixed amount based on the toxicity, degradability, 
and dispersal characteristics of the substance. 
*'(3) The discharge of oil or hazardous substances into or upon the 
nav^igable waters of the Ignited States, adjoining shorelines, or into or 
upon the watei-s of the contiguous zone in harmful quantities as 
determined by the President under paragraph (4) of this subsection, is 
prohibited, except (A) in the case of such discharges of oil into the 
waters of the contiguous zone, where permitted under article IV of the 
International Convention for the Prevention of Pollution of the Sea 
by Oil, 1954, as amended, and (B) where permitted in quantities and 
at times and locations or under such circumstances or conditions as the 
President may, by regulation, determine not to be harmful. Any regu-
lations issued under this subsection shall be. consistent with maritime 
safety and with marine and navigation laws and regulations and 
applicable water quality standards. 
ha^ij^ui"q'ifantities, 
" ^'^) '^^^ President shall by regulation, to be issued as soon as possi-
determination. 
ble after the date of enactment of this paragraph, determine for the 
purposes of this section, those quantities of oil and any hazardous sub-
stance the discharge of which, at such times, locations, circimistances, 
and conditions, will be harmful to the public health or welfare of the 
I'nited States, including, but not limited to, fish, shellfish, wildlife, 
and public and private property, shorelines, and beaches except that in 
the case of the discharge of oil into or upon the watere of the contig-
uous zone, only those discharges which threaten the fishery resources of 
the contiguous zone or threaten to pollute or contribute to the pollution 
of the tenitory or the territoidal sea of the United States may be 
•letermined to be harmful. 
''(5) Any person in charge of a vessel or of an onshore facility or 
an offshore facility shall, as soon as he has knowledge of any discharge 
of oil or a hazardous substance from such vessel or facility m violation 
of paragi-aph (3) of this subsection, immediately notify the appro-
priate agency of the United States Government of such discharge. 
Penalty. 
^uv such pcrson who fails to notify immediately such agency of such 
discharge shall, upon conviction, be fined not more than $10,000, or 
imprisoned for not more than one year, or both. Notification received 
pursuant to this paragraph or information obtained by the exploita-
tion of such notification shall not be used against any such person in 
any criminal case, except a prosecution for perjury or for giving a 
false statement. 
"(6) Any owner or operator of any vessel, onshore facility, or off-
shore facility from which oil or a hazardous substance is discharged in 
violation of paragraph (3) of this subsection shall be assessed a civil 
penalty by the Secretary of the department in which the Coast Guard 
Violation notifi 
cation. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
86J 
is operating of not more than $5,000 for each offens<». Xo penalty shall 
be assessed unless the owner or operator charged shall have been given 
notice and opportunity for a hearing on such charge. Each violation is 
a separate offense. Any such civil penalty may be compromised by such 
Secretary. In determining the amount of the penalty, or the amount 
agreed upon in compromise, the appropriateness of such penalty to the 
size of the business of the owner or operator charged, the effect on the 
owner or operator's ability to continue in business, and the gravity of 
the violation, shall be considered by such Secretary. The Secretary of 
the Treasury shall withhold at the request of such Secretary the clear-
ance required by section 4197 of the Revised Statutes of the United 
States, as amended (46 U.S.C. 91), of any vessel the owner or operator 
of which is subject to the foregoing penalty. Clearance may be granted 
in such cases upon the filing of a bond or other surety satisfactory to 
such Secretary. 
"(c) (1) Whenever any oil or a hazardous substance is discharged, uT^na"^abie'° 
into or upon the navigable waters of the United States, adjoining water"^7e^movai. 
shorelines, or into or upon the waters of the contiguous zone, the Presi-
dent is authorized to act to remove or arrange for the removal of such 
oil or substance at any time, unless he determines such removal will be 
done properly by the owner or operator of the vessel, onshore facility, 
or offshore facility from which the discharge occurs. 
"(2) Within sixty days after the effective date of this section, the 
National con-
President shall prepare and publish a National Contingency Plan for ^"'^''"'^y 
removal of oil and hazardous substances, pursuant to this subsection. 
Such National Contingency Plan shall provide for efficient, coordi-
nated, and effective action to minimize damage from oil and hazardous 
substance discharges, including containment, dispersal, and removal of 
oil and hazardous substances, and shall include, but not be limited to— 
"(A) assignment of duties and responsibilities among Federal 
departments and agencies in coordination with State and local 
agencies, including, but not limited to, water pollution control, 
conservation, and port authorities; 
"(B) identification, procurement, maintenance, and storage of 
equipment and supplies; 
"(C) establishment or designation of a strike force consisting 
of personnel who shall be trained, prepared, and available to pro-
vide necessary services to carry out the Plan, including the estab-
lishment at major ports, to be determined by the President, of 
emergency task forces of trained personnel, adequate oil and haz-
ardous substance pollution control equipment and material, and 
a detailed oil and hazardous substance pollution prevention and 
removal plan; 
-is u; y
= J 
"(D) a system of surveillance and notice designed to insure 
earliest possible notice of discharges of oil and hazardous sub-
stances to the appropriate Federal agency; 
"(E) establishment of a national center to provide coordination 
and direction for operations in carrying out the Plan; 
"(F) procedures and techniques to be employed in identifying. 
^ 
containing, 
dispersing, 
and 
removing 
oil 
and 
hazardous 
substances; 
"(G) a schedule, prepared in cooperation with the States, iden-
tifying (i) dispersants and other chemicals, if any, that may be 
used in carrying out the Plan, (ii) the waters in which such dis-
persants and chemicals may be used, and (iii) the quantities of 
such dispersant or chemical which can be used safely in such 
waters, which schedule shall provide in the case of any dispersant, 
chemical, or waters not specifically identified in such schedule that 
the President, or his delegate, may, on a rase-by-case basis, iden-
866 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
tify the dispeisants and other chemicals which may be used, the 
waters in which they may be used, and the quantities which can 
be used safely in such waters; and 
"(H) a system whereby the State or States affected by a dis-
charge of oil or hazardous substance may act where necessary to 
remove such discharge and such State or States may be reimbursed 
from the fund established under subsection (k) of this section 
for the reasonable costs incurred in such removal. 
The President may, from time to time, as he deems advisable revise or 
otherwise amend the National Contingency Plan. After publication 
of the National Contingency Plan, the removal of oil and hazardous 
substances and actions to minimize damage from oil and hazardous 
substance discharges shall, to the greatest extent possible, be in accord-
ance with the National Contingency Plan. 
tefdi^jr^r'^j^^^" 
"(^) Whenever a marine disaster in or upon the navigable waters 
of the United States has created a substantial threat of a pollution 
hazard to the public health or welfare of the United States, including, 
but not limited to, fish, shellfish, and wildlife and the public and pri-
vate shorelines and beaches of the United States, because of a dis-
charge, or an imminent discharge, of large quantities of oil, or of a 
hazardous substance fi-om a vessel the United States may (A) coordi-
nate and direct all public and private efforts directed at the removal 
or elimination of such threat; and (B) summarily remove, and, if 
necessary, destroy such vessel by whatever means are available with-
out regard to any provisions of law governing the employment of 
personnel or the expenditure of appropriated funds. Any expense 
incurred under this subsection shall be a cost incurred by the United 
States (jovernment for the purposes of subsection (f) in the removal 
of oil or hazardous substance. 
^^^^^^- 
"(e) In addition to any other action taken by a State or local gov-
ernment, when the President determines there is an imminent and sub-
stantial threat to the public health or welfare of the United States, 
including, but not limited to, fish, shellfish, and wildlife and public and 
private property, shorelines, and beaches within the United States, 
because of an actual or threatened discharge of oil or hazardous sub-
stance into or upon the navigable waters of the United States from an 
onshore or offshore facility, the President may require the United 
States attorney of the district in which the threat occurs to secure 
Jurisdiction. 
guc^i relief as may be necessary to abate such threat, and the district 
courts of the United States shall have jurisdiction to grant such relief 
as the public interest and the equities of the case may require. 
Liability. 
"(f) (1) Except wlicre an owner or operator can prove that a dis-
charge was caused solely by (A) an act of God, (B) an act of war, 
(C) negligence on the part of the United States Government, or (D) 
an act or omission of a third party without regard to whether any 
such act or omission was or was not negligent, or any combination of 
the foregoing clauses, such owner or operator of any vessel from which 
oil or a hazardous substance is discharged in violation of subsection 
(b) (2) of this section shall, not withstanding any other provision of 
law, be liable to the Ignited States Government for the actual costs 
incurred undei' subsection (c) for the removal of such oil or substance 
by the United States Government in an amount not to exceed $100 
per gross ton of such vessel or $14,000,000, whichever is lesser, except 
that Avhere the United States can show that such discharge was the 
result of willful negligence or willful misconduct within the privity 
and knowledge of the owner, such owner or operator shall be liable 
to the I'^nited States Government for the full amount of such costs. 
Such costs shall constitute a maritime lien on such vessel which may 
be recovered in an action in rem in the district court of the United 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18,1972 
867 
States for any district within which any vessel may be found. The 
United States may also bring an action against the owner or operator 
of such vessel in any court of competent jurisdiction to recover such 
costs. 
"(2) Except where an owner or operator of an onshore facility can 
prove that a discharge was caused solely by (A) an act of God, (B) 
an act of war, (C) negligence on the part of the United States Gov-
ernment, or (D) an act or omission of a third party without regard to 
whether any such act or omission was or was not negligent, or any 
combination of the foregoing clauses, such owner or operator of any 
such facility from which oil or a hazardous substance is discharged in 
violation of subsection (b) (2) of this section shall be liable to the 
United States Government for the actual costs incurred under sub-
section (c) for the removal of such oil or substance by the United 
States Government in an amount not to exceed $8,000,000, except that 
where the United States can show that such discharge was the result 
of willful negligence or willful misconduct within the privity and 
knowledge of the owner, such owner or operator shall be liable to the 
United States Government for the full amount of such costs. The 
United States may bring an action against the owner or operator of 
such facility in any court of competent jurisdiction to recover such 
costs. The Secretary is authorized, by regulation, after consultation 
with the Secretary of (^ommerce and the Small Business Administra-
tion, to establish reasonable and equitable classifications of those 
onshore facilities having a total fixed storage capacity of 1,000 barrels 
or less which he determines because of size, type, and location do not 
present a substantial risk of the discharge of oil or a hazardous sub-
stance in violation of subsection (b)(2) of this section, and apply with 
respect to such classifications differing limits of liability which may 
be less than the amount contained in this paragraph, 
" (3) Except where an owner or operator of an offshore facility can 
prove that a discharge was caused solely by (A) an act of God, (B) 
an act of war, (C) negligence on the part of the United States Gov-
ernment, or (D) an act or omission of a third party without regard to 
whether any such act or omission was or was not negligent, or any 
combination of the foregoing clauses, such owner or operator of any 
such facility from which oil or a hazardous substance is discharged in 
violation of subsection (b) (2) of this section shall, notwithstanding 
any other provision of law, be liable to the United States Government 
for the actual costs incurred under subsection (c) for the removal of 
such oil or substance by the United States Government in an amount 
not to exceed $8,000,000, except that where the United States can show 
that such discharge was the result of willful negligence or willful mis-
conduct within the privity and knowledge of the owner, such owner 
or operator shall be liable to the United States Government for the 
full amount of such costs. The United States may bring an action 
against the owner or operator of such a facility in any court of com-
petent jurisdiction to recover such costs. 
"(g) In any case where an owner or operator of a vessel, of an 
onshore facility, or of an offshore facility, from Avhich oil or a hazard-
ous substance is discharged in violation of subsection (b) (2) of 
this section, proves that such discharge of oil or hazardous substance 
was caused solely by an act or omission of a third party, or was caused 
solely by such an act or omission in combination with an act of God, 
an act of war, or negligence on the part of the United States Govern-
ment, such third party shall, notwithstanding any other provision of 
law, be liable to the tlnited States Government for the actual costs 
incurred under subsection (c) for removal of such oil or substance by 
the Ignited States Government, except where such third party can 
868 
PUBLIC LAW 92-500~OCT. 18, 1972 
[86 STAT. 
Removal costs, 
recovery. 
67 Stat. 462. 
43 u s e 1331 
note. 
Regulations. 
prove that such discharge was caused solely by (A) an act of God, 
(B) an act of war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of another party without 
regard to whether such act or omission was or was not negligent, or 
any combination of the foregoing clauses. If such third party was 
the owner or operator of a vessel which caused the discharge of oil or 
a hazardous substance in violation of subsection (b) (2) of this sec-
tion, the liability of such third party under this subsection shall not 
exceed $100 per gross ton of such vessel or $14,000,000, whichever is the 
lesser. In any other case the liability of such third party shall not 
exceed the limitation which would have been applicable to the owner 
or operator of the vessel or the onshore or offshore facility from which 
the discharge actually occurred if such owner or operator were liable. 
If the United States can show that the discharge of oil or a hazardous 
substance in violation of subsection (b) (2) of this section was the 
result of willful negligence or willful misconduct within the privity 
and knowledge of such third party, such third party shall be liable 
to the United States Government for the full amount of such removal 
costs. The United States may bring an action against the third party in 
any court of competent jurisdiction to recover such removal costs. 
" (h) The liabilities established by this section shall in no way affect 
any rights which (1) the owner or operator of a vessel or of an onshore 
facility or an offshore facility may have against any third party whose 
acts may in any way have caused or contributed to such discharge, or 
(2) The United States Government may have against any third party 
whose actions may in SLUJ way have caused or contributed to the dis-
charge of oil or hazardous substance. 
"(i) (1) In any case where an owner or operator of a vessel or an 
onshore facility or an offshore facility from which oil or a hazardous 
substance is discharged in violation of subsection (b) (2) of this section 
acts to remove such oil or substance in accordance with regulations 
promulgated pursuant to this section, such owner or operator shall be 
entitled to recover the reasonable costs incurred in such removal upon 
establishing, in a suit which may be brought against the United States 
Government in the United States Court of Claims, that such discharge 
was caused solely by (A) an act of God, (B) an act of war, (C) 
negligence on the part of the United States Government, or (D) an 
act or omission of a third party without regard to whether such act 
or omission was or was not negligent, or of any combination of the 
foregoing causes. 
"(2) The provisions of this subsection shall not apply in any case 
where liability is established pursuant to the Outer Continental Shelf 
Lands Act. 
" (3) Any amount paid in accordance with a judgment of the United 
States Court of Claims pursuant to this section shall be paid from 
the funds established pursuant to subsection (k). 
"(j)(l) Consistent with the National Contingency Plan required 
by subsection (c) (2) of this section, as soon as practicable after the 
effective date of this section, and from time to time thereafter, the 
President shall issue regulations consistent with maritime safety and 
with marine and navigation laws (A) establishing methods and pro-
cedures for removal or discharged oil and hazardous substances, (B) 
establishing criteria for the development and implementation of local 
and regional oil and hazardous substance removal contingency plans, 
(C) establishing procedures, methods, and equipment and other 
requirements for equipment to prevent discharges of oil and hazard-
ous substances from vessels and from onshore facilities and offshore 
facilities, and to contain such discharges, and (D) governing the 
inspection of vessels carrying cargoes of oil and hazardous substances 
86 STAT.] 
PUBLIC L
A
W 92-500-OCT. 18, 1972 
869 
Administration. 
fit'tistllS. 
and the inspection of such cargoes in order to reduce the likelihood 
of discharges of oil from vessels in violation of this section. 
"(2)' Any owner or operator of a vessel or an onshore facility or an 
Penalty. 
offshore facility and any other person subject to any regulation issued 
under paragraph (1) oi this subsection who fails or refuses to comply 
with the provisions of any such regulations, shall be liable to a civil 
penalty of not more than $5,000 for each such violation. Each violation 
shall be a separate offense. The President may assess and compromise 
such j>enalty. No penalty shall be assessed until the owner, operator, 
or other person charged shall have been given notice and an opportu-
nity for a hearing on such charge. In determining the amount of the 
penalty, or the amount agreed upon in compromise, the gravity of 
the violation, and the demonstrated good faith of the owner, operator, 
or other person charged in attemping to achieve rapid compliance, 
after notification of a violation, shall Be considered by the President. 
"(k) There is hereby authorized to be appropriated to a revolving Appropriation, 
fund to be established in the Treasury not to exceed $35,000,000 to 
carry out the provisions of subsections (c), (d), (i), and (1) of this 
section. Any other funds received by the United States under this 
section shall also be deposited in said fund for such purposes. All sums 
appropriated to, or deposited in, said fund shall remain available 
until expended. 
"(1) The President is authorized to delegate the administration of 
this section to the heads of those Federal departments, agencies, and 
instrumentalities which he determines to be appropriate. Any moneys 
in the fund established by subsection (k) of this section shall be avail-
able to such Federal departments, agencies, and instrumentalities to 
carry out the provisions of subsections (c) and (i) of this section. Each 
such department, agency, and instrumentality, in order to avoid dupli-
cation of effort, shall, whenever appropriate, utilize the personnel, 
services, and facilities of other Federal departments, agencies, and 
instrumentalities. 
"(m) Anyone authorized by the President to enforce the provisions 
of this section may, except as to public vessels, (A) board and inspect 
any vessel upon the navigable waters of the LTnited States or the 
waters of the contiguous zone, (B) with or without a warrant arrest 
any person who violates the provisions of this section or any regula-
tion issued thereunder in his presence or view, and (C) execute any 
warrant or other process issued by an officer or court of competent 
jurisdiction. 
"(n) The several district courts of the United States are invested 
jurisdiction, 
with jurisdiction for any actions, other than actions pursuant to sub-
section (i)(l), arising under this section. In the case of Guam and 
the Trust Territory of the Pacific Islands, such actions may be brought 
in the district court of Guam, and in the case of the Virgin Islands 
such actions may be brought in the district court of the Virgin Islands. 
In the case of iCmerican Samoa and the Trust Territory of the Pacific 
Islands, such actions may be brought in the District Court of the 
United States for the District of Hawaii and such court shall have 
jurisdiction of such actions. In the case of the Canal Zone, such actions 
may be brought in the United States District Court for the District 
of the Canal Zone. 
"(o) (1) Nothing in this section shall affect or modify in any way 
the obligations of any owner or operator of any vessel, or of any owner 
or operator of any onshore facility or offshore facility to any person or 
agency under any provision of law for damages to any publicly 
owne^ or privately owned property resulting from a discharge of any 
oil or hazardous substance or from the removal of any such oil or 
hazardous substance. 
870 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(2) Nothing in this section shall be construed as preempting any 
State or political subdivision thereof from imposing any requii-ement 
or liability with respect to the discharge of oil or hazardous substance 
into any waters within such State. 
"(3) Nothing in this section shall be construed as affecting or modi-
fying any other existing authority of any Federal department, agency, 
or instrumentality, relative to onshore or offshore facilities under this 
Act or any other provision of law, or to affect any State or local law not 
in conflict with this section. 
Certain ves- 
"(p) (1) Auy vessel ovcr three hundred gross tons, including anv 
respons'ibiuty! 
barge of equivalent size, but not including any barge that is not self-
propelled and that does not carry oil or hazardous substances as cargo 
or fuel, using any poi't or place in the United States or the navigable 
watei-s of the United States for any purpose shall establish and main-
tain under regulations to be prescribed from time to time by the Presi-
dent, evidence of financial responsibility of $100 per gross ton, or 
$14,000,000 whichever is the lesser, to meet the liability to the L^nited 
States which such vessel could be subjected under this section. In cases 
where an owner or operator owns, operates, or charters more than one 
such vessel, financial responsibility need only be established to meet 
the maximum liability to which the largest of such vessels could be 
subjected. Financial I'esponsibility may be established by any one of, 
or a combination of, the following methods acceptable to the Presi-
dent: (A) evidence of insurance, (B) surety bonds, (C) (][ualification 
as a self-insurer, or (D) other evidence of financial responsibility. Any 
bond filed shall be issued by a bonding company authorized to do busi-
ness in the United States. 
Effective date. 
n (^2) The provisious of paragraph (1) of this subsection shall be 
effective April 3,1971, with respect to oil and one year after the date of 
enactment of this section with respect to hazardous substances. The 
President shall delegate the responsibility to carry out the provisions 
of this subsection to the appropriate agency head within sixty days 
after the date of enactment of this section. Regulations necessary to 
implement this subsection shall be issued within six months after the 
date of enactment of this section. 
"(3) Any claim for costs incurred by such vessel may be brought 
directly against the insurei* or any other person providing evidence of 
financial responsibility as required under this subsection. In the case 
of any action pursuant to this subsection such insurer or other person 
shall be entitled to invoke all rights and defenses which would have 
been available to the owner or operator if an action had been brought 
against him by the claimant, and which would have been available to 
him if an action had been brought against him by the owner or 
operator. 
Penalty. 
;i^^^ ^^^^ owuei' or Operator of a vessel subject to this subsection, 
who fails to comply with the provisions of this subsection or any reg-
ulation issued thereunder, shall be subject to a fine of not more than 
$10,000. 
"(5) The Secretary of the Treasury may refuse the clearance 
required by section 4197 of the Revised Statutes of the United States, as 
amended (4 TLS.C. 91), to any vessel subject to this subsection, which 
does not have evidence furnished by the Pi-esident that the financial 
r-esponsibility provisions of paragraph (1) of this subsection have been 
complied with. 
"(6) The Secretaiy of the Depar-tnient in which the Coast Guard 
is operated may (A) deny entry to any poi't or place in the United 
States or the navigable waters of the United States, to, and (B) detain 
at the port or place in the United States from which it is about to 
depart for any other port or place in the United States, any vessel sub-
46 u s e 91, 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
871 
ject to this subsection, which upon request, does not produce evidence 
furnished by the President that the financial responsibility provisions 
of paragraph (1) of this subsection have been complied with. 
u 
MARINE SANITATION DEVICES 
"SEC. 312. (a) For the purpose of this section, the term— 
Definitions. 
"(1) 'new vessel' includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a 
means of transportation on the navigable waters, the construction 
of which is initiated after promulgation of standards and regula-
tions under this section; 
"(2) 'existing vessel' includes every description of watercraft 
or other artificial contrivance used, or capable of being used, as a 
means of transportation on the navigable waters, the construction 
of which is initiated before promulgation of standards and regu-
lations under this section; 
" (3) 'public vessel' means a vessel owned or bareboat chartered 
and operated by the United States, by a State or political sub-
division thereof, or by a foreign nation, except when such vessel is 
engaged in commerce; 
" (4) 'United States' includes the States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Canal Zone, and the Trust Territory of 
the Pacific Islands; 
"(5) 'marine sanitation device' includes any equipment for 
installation on board a vessel which is designed to receive, retain, 
treat, or discharge sewage, and any process to treat such sewage; 
"(6) 'sewage' means human body wastes and the wastes from 
toilets and other receptacles intended to receive or retain body 
wastes; 
"(7) 'manufacturer' means any person engaged in the manu-
facturing, assembling, or importation of marine sanitation devices 
or of vessels subject to standards and regulations promulgated 
under this section; 
"(8) 'person' means an individual, partnership, firm, corpora-
tion, or association, but does not include an individual on board 
a public vessel; 
'(9) 'discharge' includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying or dumping. 
" (b) (1) As soon as possible, after the enactment of this section and 
Federal stand-
subject to the provisions of section 104(j) of this Act, the Administra- ante °promu°gaI 
tor, after consultation with the Secretary of the department in which tion.' 
the Coast Guard is operating, after giving appropriate consideration 
to the economic costs involved, and within the limits of available tech-
nology, shall promulgate Federal standards of performance for 
marine sanitation devices (hereafter in this section referred to as 
'standards') which shall be designed to prevent the discharge of 
untreated or inadequately treated sewage into or upon the navigable 
waters from new vessels and existing vessels, except vessels not 
equipped with installed toilet facilities. Such standards shall be con-
sistent with maritime safety and the marine and navigation laws and 
regulations and shall be coordinated with the regulations issued under 
this subsection by the Secretary of the department in which the Coast 
Guard is operating. The Secretary of the department in which the 
Coast Guard is operating shall promulgate regulations, which are con-
sistent with standards promulgated under this subsection and with 
maritime safety and the marine and navigation laws and regulations 
governing the design, construction, installation, and operation of any 
marine sanitation device on board such vessels. 
872 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Initial stand-
ards, effective 
dates. 
Waiver. 
80 Stat. 383. 
"(2) Any existing vessel equipped with a marine sanitation device 
on the date of promulgation of initial standards and regulations under 
this section, wnich device is in compliance with such initial standards 
and regulations, shall be deemed in compliance with this section until 
such time as the device is replaced or is found not to be in compliance 
with such initial standards and regulations. 
"(c) (1) Initial standards and regulations under this section shall 
become effective for new vessels two years after promulgation; and 
for existing vessels five years after promulgation. Revisions of stand-
ards and regiilations shall be effective upon promulgation, unless 
another eft'ective date is specified, except that no r-evision shall take 
effect before the effective date of the standard or r-egulation being 
i-evised. 
"(2) The Secretary of the department in which the Coast Guard 
is operating with regard to his regulatory authority established by this 
section, after consultation with the Administrator, may distinguish 
among classes, type, and sizes of vessels as well as between new and 
existing vessels, and may waive applicability of standards and regula-
tions as necessary or appropriate for such classes, types, and sizes of 
vessels (including existing vessels equipped with marine sanitation 
tie 
vices on the date of promulgation of the initial standards required 
by this section), and, upon application, for individual vessels. 
"(d) The provisions of this section and the standards and regula-
tions pronmlgated hereunder apply to vessels owned and operated by 
the I'nited States unless the Secretary of Defense finds that compliance 
would not be in the interest of national security. With respect to ves-
sels owned and operated by the Department of Defense, regulations 
under the last sentence of subsection (b) (1) of this section and certi-
fications under subsection (g) (2) of this section shall be promulgated 
and issued by the Secretary oi Defense. 
"(e) Before the standards and regulations under this section are 
promulgated, the Administrator and the Secretary of the department 
in which the Coast Guard is operating shall consult with the Secretary 
of State; the Secretary of Health, Education, and Welfare; the Sec-
fetary of Defense; the Secretary of the Treasury; the Secretary of 
Commerce; other interested Federal agencies; and the States and 
industries interested; and otherwise comply with the requirements of 
section 553 of title 5 of the United States Code. 
"(f) (1) After the effective date of the initial standards and r e ^ -
hitions pronmlgated under this section, no State or political subdivision 
thei'eof shall adopt or enforce any statute or regulation of such State 
or political subdivision with respect to the design, manufacture, or 
installation or- use of any marine sanitation device on any vessel 
subject to the provisions of this section. 
" (2) If, after promulgation of the initial standards and regulations 
and prior to their eft'ective date, a vessel is equipped with a marine 
sanitation device in compliance with such standards and regulations 
and the installation and operation of such device is in accordance with 
such standards and regulations, such standards and regulations shall, 
for the purposes of paragraph (1) of this subsection, Income effective 
with repect to such vessel on the date of such compliance. 
" (3) After the effective date of the initial standards and regulations 
promulgated under this section, if any State determines that the 
protection and enhancement of the quality of some or all of the 
watei-s within such State require greater environmental protection, 
such State may completely prohibit the discharge from all vessels 
of any sewage, whether treated or not, into such waters, except that 
no such prohibition shall apply until the Administrator determines 
that adequate facilities for the safe and sanitary removal and treatment 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
873 
of sewage from all vessels are reasonably available for such water to 
which such prohibition would apply. Upon application of the State, 
the Administrator shall make such determination within 90 days of 
the date of such application. 
" (4) If the Administrator determines upon application by a Stat« 
that the protection and enhancement of the quality of specified waters 
within such State requires such a prohibition, he shall by regulation 
completely prohibit the discharge from a vessel of any sewage 
(whether treated or not) into such waters. 
"(g) (1) No manufacturer of a marine sanitation device shall sell, j . ^ ^ ^ ^ ^ reguia-
offer for sale, or introduce or deliver for introduction in interstate 
commerce, or import into the United States for sale or resale any 
marine sanitation device manufactured after the effective date of the 
standards and regulations promulgated under this section unless such 
device is in all material respects substantially the same as a test device 
certified under this subsection. 
"(2) Upon application of the manufacturer, the Secretary of the 
department in which the Coast Guard is operating shall so certify a 
marine sanitation device if he determines, in accordance with the pro-
visions of this paragraph, that it meets the appropriate standards and 
regulations promulgated under this section. The Secretary of the 
department in which the Coast Guard is operating shall test or require 
such testing of the device in accordance with procedures set forth by 
the Administrator as to standards of performance and for such other 
purposes as may be appropriate. If the Secretary of the department in 
which the Coast Guard is operating determines that the device is 
satisfactory from the standpoint of safety and any other require-
ments of maritime law or regulation, and after consideration of the 
design, installation, operation, material, or other appropriate factors, 
he shall certify the device. Any device manufactured by such manu-
facturer which is in all material respects substantially the same as 
. 
the certified test device shall be deemed to be in conformity with the 
appropriate standards and regulations established under this section. 
" (3) Every manufacturer shall establish and maintain such records. 
Recordkeeping; 
make such reports, and provide such information as the Administrator '^*P°'"*^" 
or the Secretary of the department in which the Coast Guard is operat-
ing may reasonably require to enable him to determine whether such 
manufacturer has acted or is acting in compliance with this section 
;?, 
,. 
and regulations issued thereunder and shall, upon request of an 
officer or employee duly designated by the Administrator or the 
Secretary of the department in which the Coast Guard is operating, 
permit such officer or employee at reasonable times to have access to 
and copy such records. All information reported to or otherwise 
obtained by the Administrator or the Secretary of the department 
in which the Coast Guard is operating or their representatives pur-
suant to this subsection which contains or relates to a trade seci'et or 
other matter referred to in section 1905 of title 18 of the United States 
Code shall be considered confidential for the purpose of that section, 
^2 stat. 791. 
except that such information may be disclosed to other officers or 
employees concerned with carrying out this section. This paragraph 
shall not apply in the case of the construction of a vessel by an indi-
vi dual for his own use. 
"(h) After the effective date of standards and regulations promul-
gated under this section, it shall be unlawful— 
"(1) for the manufacturer of any vessel subject to such stand-
ards and regulations to manufacture for sale, to sell or offer for 
sale, or to distribute for sale or resale any such vessel unless it is 
equipped with a marine sanitation device which is in all material 
respects substantially the same as the appropriate test device 
certified pursuant to this section; 
874 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"(2) for any person, prior to the sale or delivery of a vessel 
subject to such standards and regulations to the ultimate pur-
chaser, wrongfully to remove or render inoperative any certified 
marine sanitation device or element of design of such device 
installed in such vessel; 
"(3) for any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide infor-
mation required under this section; and 
"(4) for a vessel subject to such standards and regulations to 
operate on the navigable waters of the United States, if such 
vessel is not equipped with an operable marine sanitation device 
certified pursuant to this section. 
Jurisdiction. 
" (i) The distHct courts of the United States shall have jurisdictions 
to restrain violations of subsection (g) (1) of this section and subsec-
tions (h) (1) through (3) of this section. Actions to restrain such vio-
lations shall be brought by, and in, the name of the United States. In 
case of contumacy or refusal to obey a subpena served upon any person 
under this subsection, the district court of the United States for any 
district in which such person is found or resides or transacts business, 
upon application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony or to appear and produce documents, and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
Penalties. 
uQ^ /^j^y persou who violatcs subsection (g) (1) of this section or 
clause (1) or (2) of subsection (h) of this section shall be liable to a 
civil penalty of not more than $5,000 for each violation. Any person 
who violates clause (4) of subsection (h) of this section or any regu-
lation issued pursuant to this section shall be liable to a civil penalty 
of not more than $2,000 for each violation. Each violation shall be a 
separate offense. The Secretary of the department in which the Coast 
Guard is operating may assess and compromise any such penalty. No 
penalty shall be assessed until the person charged shall have been 
given notice and an opportunity for a hearing on such charge. In 
determining the amount of the penalty, or the amount agreed upon in 
compromise, the gravity of the violation, and the demonstrated good 
faith of the person charged in attempting to achieve rapid compliance, 
after notification of a violation, shall be considered by said Secretary, 
"(k) The provisions of this section shall be enforced by the Sec-
retary of the department in which the Coast Guard is operating and 
he may utilize by agreement, with or without reimbursement, law 
enforcement officers or other personnel and facilities of the Adminis-
trator, other Federal agencies, or the States to carry out the provisions 
of this section. 
"(1) Anyone authorized by the Secretary of the department in 
which the Coast Guard is operating to enforce the provisions of this 
section may, except as to public vessels, (1) board and inspect any 
vessel upon the navigable waters of the United States and (2) execute 
any warrant or other process issued by an officer or court of competent 
jurisdiction. 
"(m) In the case of Guam and the Trust Territory of the Pacific 
Islands, actions arising under this section may be brought in the dis-
trict court of Guam, and in the case of the Virgin Islands such actions 
may be brought in the district court of the Virgin Islands. In the case 
of American Samoa and the Trust Territory of the Pacific Islands, 
such actions may be brought in the District Court of the United States 
for the District of Hawaii and such court shall have jurisdiction of 
such actions. In the case of the Canal Zone, such actions may be brought 
in the District Court for the District of the Canal Zone. 
Enforcement. 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
875 
"FEDERAL FACILITIES POLLUTION COXTROL 
"SEC. 813. Each department, agency, or instrumentality of the execu-
tive, legislative, and judicial branches of the Federal Government (1) 
having jurisdiction over any property or facility, or (2) engaged in 
any activity resulting, or which may result, in the discharge or run-
oft' of pollutants shall comply with Federal, State, interstate, and 
local requirements respecting control and abatement of pollution to 
the same extent that any person is subject to such requirements, 
including the payment of reasonable service charges. The President 
may exempt any effluent source of any department, agency, or instru-
mentality in the executive branch from compliance with any such a 
requii-ement if he determines it to be in the paramount interest of the 
United States to do so; except that no exemption may be granted from 
the requirements of section 306 or 307 of this Act. No such exemptions 
shall be granted due to lack of appropriation unless the President 
shall have specifically requested such appropriation as a part of the 
budgetary process and the Congress shall have failed to make avail-
able such requested appropriation. Any exemption shall be for a period 
not in excess of one year, but additional exemptions may be granted 
for periods of not to exceed one year upon the President's making a 
new determination. The President shall report each January to the 
Congress all exemptions from the requirements of this section granted 
during the preceding calendar year, together with his reason for 
granting such exemption. 
"CLEAN LAKES 
"SE<\ 314. (a) Each State shall prepare or establish, and submit to 
the Administrator for his approval— 
" (1) an identification and classification according to eutrophic 
condition of all publicly owned fresh water lakes in such State; 
"(2) procedures, processes, and methods (including land use 
requirements), to control sources of pollution of such lakes; and 
"(3) methods and procedures, in conjunction with appropriate 
Federal agencies, to restore the quality of such lakes. 
"(b) The Administrator shall provide financial assistance to States 
in order to carry out methods and procedures approved by him under 
this section. 
"(c) (1) The amount granted to any State for any fiscal year under 
this section shall not exceed 70 per centum of the funds expended by 
such State in such year for carrying out approved methods and pro-
cedures under this section. 
"(2) There is authorized to be appropriated $50,000,000 for the 
fiscal vear ending June 30,1973; $100,000,000 for the fiscal year 1974; 
and $150,000,000 for the fiscal year 1975 for grants to States under this 
section which such sums shall remain available until expended. The 
Administrator shall provide for an equitable distribution of such 
sums to the States with approved methods and procedures under this 
section. 
"NATIONAL STUDY COMMISSION 
"SEC. 315. (a) There is established a National Study Commission, 
which shall make a full and complete investigation and study of all 
of the technological aspects of achieving, and all aspects of the total 
economic, social, and environmental effects of achieving or not achiev-
ing, the effluent limitations and goals set forth for 1983 in section 
301(b) (2) of this Act. 
"(b) Such Commission shall be composed of fifteen members, 
including five members of the Senate, who are members of the Public 
Works committee, appointed by the President of the Senate, five mem-
Exemption. 
Report to Con-
gre s s. 
Appropriations. 
Establishment. 
Membership. 
876 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Contract 
authority. 
Report to Con-
gress. 
5 u s e 5332 
note. 
80 Stat. 499; 
83 Stat. 190. 
5 u s e 5703, 
5707 and notes. 
Appropriation. 
Ante, p. 816. 
bers of the House, wlio are members of the Public Works committee, 
appointed by the Speaker of the House, and five members of the public 
appointed by the President. The Chairman of such Commission shall 
be elected from among its members. 
"(c) In the conduct of such study, the Commission is authorized to 
contract with the National Academy of Sciences and the National 
Academy of Engineering (acting through the National Research 
Council), the National Institute of Ecology, Brookings Institution, and 
other nongovernmental entities, for the investigation of matters within 
their competence. 
"(d) The heads of the departments, agencies and instrumentalities 
of the executive branch of the Federal Government shall cooperate 
with the Commission in carrying out the requirements of this section, 
and shall furnish to the Commission such information as the Commis-
sion deems necessary to carry out this section. 
"(e) A report shall be submitted to the Congress of the results of 
such investigation and study, together with recommendations, not later 
than three years after the date of enactment of this title. 
"(f) The members of the Commission who are not officers or 
employees of the United States, while attending conferences or meet-
ings of the Commission or while otherwise serving at the request of the 
Chairman shall be entitled to receive compensation at a rate not in 
excess of the maximum rate of pay for grade GS-18, as provided in 
the General Schedule under section 5332 of title V of the United States 
Code, including traveltime and while away from their homes or regular 
places of business they may be allowed travel expenses, including per 
diem in lieu of subsistence as authorized by law (5 U.S.C. 73b-5) for 
persons in the Government service employed intermittently. 
"(g) There is authorized to be appropriated, for use in carrying 
out this section, not to exceed $15,000,000. 
a, 
THERMAL DISCHARGES 
"SEC. 316. (a) With respect to any point source otherwise subject 
to the provisions of section 301 or section 306 of this Act, whenever 
the owner or operator of any such source, after opportunitj for public 
hearing, can demonstrate to the satisfaction of the Administrator (or, 
if appropriate, the State) that any effluent limitation proposed for 
the control of the thermal component of any discharge from such 
source will require effluent limitations more stringent than necessary 
to assure the projection and propagation of a balanced, indigenous 
population of shellfish, fish, and wildlife in and on the body of water 
into which the discharge is to be made, the Administrator (or, if 
appropriate, the State) mav impose an effluent limitation under such 
sections for such plant, with respect to the thermal component of 
such discharge (taking into account the interaction of such thermal 
component with other pollutants), that will assure the protection 
and propagation of a balanced, indigenous population of shellfish, 
fish, and wildlife in and on that body of water. 
"(b) Any standard established pursuant to section 301 or section 
306 of this Act and applicable to a point source shall require that the 
location, design, construction, and capacity of cooling water intake 
structures reflect the best technology available for minimizing adverse 
environmental impact. 
"(c) Notwithstanding any other provision of this Act, any point 
source of a discharge having a thermal component, the modification 
of which point source is commenced after the date of enactment of 
the Federal Water Pollution Control Act Amendments of 1972 and 
which, as modified, meets effluent limitations established under sec-
tion 301 or, if more stringent, effluent limitations established under 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
877 
section 303 and which effluent limitations will assure protection and 
propagation of a balanced, indigenous population of shellfish, fish, 
and wildlife in or on the water into which the discharge is made, shall 
not be subject to any more stringent effluent limitation with respect 
to the thermal component of its discharge during a ten year period 
beginning on the date of completion of such modification or during 
the periwi of depreciation or amortization of such facility for the 
purpose of section 167 or 169 (or both) of the Internal Revenue Code 
of 1954, whichever period ends 
first. 
o/f^.^*cno^^' 
' 
^ 
85 Stat. 508. 
83 Stat. 667. 
" F I N A N C I N G 
S T U D Y 
26 u s e 
167, 
169. 
"SEC. 317. (a) The Administrator shall continue to investigate and 
study the feasibility of alternate methods of financing the cost of 
preventing, controlling and abating pollution as directed in the Water 
Quality Improvement Act of 1970 (Public Law 91-224), including, 
IH^^^'^I^^ 
but not limited to, the feasibility of establishing a pollution abatement note. 
trust fund. The results of such investigation and study shall be 
Report to con-
reported to the Congress not later than two years after enactment of ^'•^^^* 
this title, together with recommendations of the Administrator for 
financing the programs for preventing, controlling and abating pollu-
tion for the fiscal years beginning after fiscal year 1976, including any 
necessary legislation. 
"(b) There is authorized to be appropriated for use in carrying out 
Appropriation. 
this section, not to exceed $1,000,000. 
"AQUACULTURE 
"SEC. 318. (a) The Administrator is authorized, after public hear-
ings, to permit the discharge of a sj)ecific pollutant or pollutants under 
controlled conditions associated with an approved aquaculture proj-
ect under Federal or State supervision. 
"(b) The Administrator shall by regulation, not later than Janu-
ary 1, 1974, establish any procedures and guidelines he deems neces-
sary to carry out this section. 
"TITLE IV—PERMITS AND LICENSES 
"CERTIFICATION 
"SEC. 401. (a) (1) Any applicant for a Federal license or permit to 
conduct any activity including, but not limited to, the construction or 
operation of facilities, which may result in any discharge into the 
navigable waters, shall provide the licensing or permitting agency a 
certification from the State in which the discharge originates or will 
originate, or, if appropriate, from the interstate water pollution con-
trol agency having jurisdiction over the navigable waters at the point 
where the discharge originates or will originate, that any such dis-
charge will comply with the applicable provisions of sections 301, 302, 
306, and 307 of this Act. In the case of any such activity for which 
there is not an applicable effluent limitation or other limitation under 
sections 301 (b) and 302, and there is not an applicable standard under 
sections 306 and 307, the State shall so certify, except that any such 
certification shall not be deemed to satisfy section 511(c) of this 
Act. Such State or interstate agency shall establish procedures for 
public notice in the case of all applications for certification by it and, 
to the extent it deems appropriate, procedures for public hearings in 
connection with specific applications. In any case where a State or 
interstate agency has no authority to give such a certification, such 
certification shall be from the Administrator. If the State, interstate 
878 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
agency, or Administrator, as the case may be, fails or refuses to act 
on a request for certification, within a reasonable period of time 
(which shall not exceed one year) after receipt of such request, the 
certification requirements of this subsection shall be waived with 
respect to such Federal apj)lication. No license or permit shall be 
granted until the certification required by this section has been 
obtained or has been waived as provided in the preceding sentence. 
No license or permit shall be granted if certification has been denied 
by the State, interstate agency, or the Administrator, as the case 
may be. 
"(2) Upon receipt of such application and certification the licens-
ing or permitting agency shall immediately notify the Administrator 
of such application and certification. Whenever such a discharge may 
affect, as determined by the Administrator, the quality of the waters 
of any other State, the Administrator within thirty days of the date 
of notice of application for such Federal license or permit shall so 
notify such other State, the licensing or permitting agency, and the 
applicant. If, within sixty days after receipt of such notification, such 
other State determines that such discharge will affect the quality of 
its waters so as to violate any water quality requirement in such State, 
and within such sixty-day period notifies the Administrator and the 
licensing or permitting agency in writing of its objection to the issu-
ance of such license or permit and requests a public hearing on such 
objection, the licensing or permitting agency shall hold such a hear-
ing. The Administrator shall at such hearing submit his evaluation 
and recommendations with respect to any such objection to the licens-
ing or permitting agency. Such agency, based upon the recommenda-
tions of such State, the Administrator, and upon any additional 
evidence, if any, presented to the agency at the hearing, shall condition 
such license or permit in such manner as may be necessary to insure 
compliance with applicable water quality requirements. If the imposi-
tion of conditions cannot insure such compliance such agency shall not 
issue such license or permit. 
"(3) The certification obtained pursuant to paragraph (1) of this 
subsection with respect to the construction of any facility shall fulfill 
the requirements of this subsection with respect to certification in con-
nection with any other Federal license or permit required for the op-
eration of such facility unless, after notice to the certifying State, 
agency, or Administrator, as the case may be, which shall be given 
by the Federal agency to whom application is made for such operating 
license or permit, the State, or if appropriate, the interstate agency or 
the Administrator, notifies such agency within sixty days after receipt 
of such notice that there is no longer reasonable assurance that 
there will be compliance with the applicable provisions of sections 
301, 302, 306, and 307 of this Act because of changes since the con-
struction license or permit certification was issued in (A) the con-
struction or operation of the facility, (B) the characteristics of the 
Avaters into which such discharge is made, (C) the water quality 
criteria applicable to such waters or (D) applicable effluent limita-
tions or other requirements. This paragraph shall be inapplicable in 
any case where the applicant for such operating license or permit has 
failed to provide the certifying State, or, if appropriate, the inter-
state agency or the Administrator, with notice of any proposed 
changes in the construction or operation of the facility with respect to 
which a construction license or permit has been granted, which 
changes may result in violation of section 301, 302, 306, or 307 of this 
Act. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
879 
"(4) Prior to the initial operation of any federally licensed or 
permitted facility or activity which may result in any discharge 
into the navigable waters and with respect to which a certification 
has been obtained pursuant to paragraph (1) of this subsection, 
which facility or activity is not subject to a Federal operating li-
cense or permit, the licensee or permittee shall provide an oppor-
tunity for such certifying State, or, if appropriate, the interstate 
agency or the Administrator to review the manner in which the 
facility or activity shall be operated or conducted for the purposes of 
assuring that applicable effluent limitations or other limitations or 
other applicable water quality requirements will not be violated. Upon 
notification by the certifying State, or if^ appropriate, the interstate 
agency or the Administrator that the operation of any such federally 
licensed or permitted facility or activity will violate applicable efflu-
ent limitations or other limitations or other water quality require-
ments such Federal agency may, after public hearing, suspend such 
license or permit. If such license or permit is suspended, it shall 
remain suspended until notification is received from the certifying 
State, agency, or Administrator, as the case may be, that there is 
reasonable assurance that such facility or activity will not violate 
the applicable provisions of section 301, 302, 306, or 307 of this Act. 
"(5) Any Federal license or permit with respect to which a cer-
tification has been obtained under paragraph (1) of this subsection 
may be suspended or revoked by the Federal agency issuing such 
license or permit upon the entering of a judgment under this Act 
that such facility or activity has been operated in violation of the 
applicable provisions of section 301, 302, 306, or 307 of this Act. 
"(6) No Federal agency shall be deemed to be an applicant for 
the purposes of this subsection. 
"(7) Except with respect to a permit issued under section 402 of 
this Act, in any case where actual construction of a facility has been 
lawfully commenced prior to April 3, 1970, no certification shall be 
required under this subsection for a license or permit issued after 
April 3, 1970, to operate such facility, except that any such license 
or permit issued without certification shall terminate April 3, 1973, 
unless prior to such termination date the person having such license 
or permit submits to the Federal agency which issued such license 
or permit a certification and otherwise meets the requirements of this 
section. 
"(b) Nothing in this section shall be construed to limit the author-
ity of any department or agency pursuant to any other provision of 
law to require compliance with any applicable water quality require-
ments. The Administrator shall, upon the request of any Federal 
department or agency, or State or interstate agency, or applicant, pro-
vide, for the purpose of this section, any relevant information on 
applicable effluent limitations, or other limitations, standards, regula-
tions, or requirements, or water quality criteria, and shall, when 
requested by any such department or agency or State or inter-state 
agency, or applicant, comment on any methods to comply with such 
limitations, standards, regulations, requirements, or criteria. 
" (c) In order to implement the provisions of this section, the Secre-
tary of the xA.rmy, acting through the Chief of Engineers, is authorized, 
if he deems it to be in the public interest, to permit the use of spoil 
disposal areas under his jurisdiction by Federal licensees or per-
mittees, and to make an appropriate charge for such use. Moneys 
received from such licensees or permittees shall be deposited in the 
Treasury as miscellaneous receipts. 
"(d) Any certification provided under this section shall set forth 
any effluent limitations and other limitations, and monitoring require-
License sus-
pension. 
880 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Permits, issu-
30 Stat. 1152. 
33 u s e 407. 
State permit 
programs. 
ments necessaiy to assure that any applicant for a Federal license or 
permit will comply with any applicable effluent limitations and other 
limitations, under section 301 or 302 of this Act, standard of per-
formance under section 306 of this Act, or prohibition, effluent stand-
ard, or pretreatment standard under section 307 of this Act, and with 
any other appropriate requirement of State law set forth in such 
certification, and shall become a condition on any Federal license or 
permit subject to the provisions of this section. 
a NATIONAL POLLUTANT DISCHARGE ELIMINATION 
SYSTEM 
"SEC. 402. (a)(1) Except as provided in sections 318 and 404 of this 
Act, the Administrator may, after opportunity for public hearing, 
issue a permit for the discharge of any pollutant, or combination of 
pollutants, notwithstanding section 301(a), upon condition that such 
discharge will meet either all applicable requirements under sections 
301, 302, 306, 307, 308, and 403 of this Act, or prior to the taking of 
necessary implementing actions relating to all such requirements, such 
conditions as the Administrator determines are necessary to carry out 
the provisions of this Act. 
" (2) The Administrator shall prescribe conditions for such permits 
to assure compliance with the requirements of paragraph (1) of this 
subsection, including conditions on data and information collection, 
reporting, and such other requirements as he deems appropriate. 
(3) The permit program of the Administrator under paragraph 
(1) of this subsection, and permits issued thereunder, shall be subject 
to the same terms, conditions, and requirements as apply to a State 
permit program and permits issued thereunder under subsection (b) 
of this section. 
"(4) All permits for discharges into the navigable watere issued 
pursuant to section 13 of the Act of March 3,1899, shall be deemed to 
be permits issued under this title, and permits issued under this title 
shall be deemed to be permits issued under section 13 of the Act of 
March 3, 1899, and shall continue in force and effect for their term 
unless I'evoked, modified, or suspended in accordance with the pro-
visions of this Act. 
"(5) No permit for a discharge into the navigable waters shall be 
issued under section 13 of the Act of March 3, 1899, after the date of 
enactment of this title. Each application for a per-mit under section 
13 of the Act of March 3, 1899, pending on the date of enactment of 
this Act shall be deemed to be an application for a permit under this 
section. The Administrator shall authorize a State, which he deter-
mines has the capability of administering a permit program which 
will carry out the objective of this Act, to issue peiTnits for discharges 
into the navigable waters within the jurisdiction of such State. The 
Administrator may exercise the authority granted him bv the pre-
ceding sentence only during the period which begins on the date of 
enactment of this Act and ends either on the ninetieth day after the 
date of the first promulgation of guidelines required by section 304 
(h) (2) of this Act, or- the date of approval by the Administrator of 
a permit program for such State under subsection (b) of this sec-
tion, whichever dat« first occurs, and no such authorizntion to a State 
shall extend beyond the last day of such period. Each such permit 
shall be subject to such conditions as the Administrator de^^ermines 
are necessarv to carry out the provisions of this Act. No such permit 
shall issue if the Administrator objects to such issuance. 
" (b) At any time after the promulgation of the guidelines required 
by subsection (h) (2) of section 304 of this Act, the Governor of each 
State desiring to administer its own permit program for discharges 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
«81 
into navigable waters within its jurisdiction may submit to the Admin-
istrator a full and complete description of the program it proposes 
to establish and administer under State law or under an interstate 
compact. In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State water pollution con-
trol agencies which have independent legal counsel), or from the 
chief legal officer in the case of an interstate agency, that the laws 
of such State, or the interstate compact, as the case may be, provide 
adequate authority to carry out the described program. The Admin- jif^^^g""^^''°"" 
istrator shall approve each such submitted program unless he deter-
mines that adequate authority does not exist: 
" (1) To issue permits which— 
" (A) apply, and insure compliance with, any applicable require-
ments of sections 301,302,306,307, and 403; 
"(B) are for fixed terms not exceeding five years; and 
, ^ 
> 
"(C) can be terminated or modified for cause including, but 
not limited to, the following: 
"(i) violation of any condition of the permit; 
"(ii) obtaining a permit by misrepresentation, or failure 
to disclose fully all relevant facts; 
" (iii) change in any condition that requires either a tempo-
rary or permanent reduction or elimination of the permitted 
discharge; 
"(D) control the disposal of pollutants into wells; 
" (2) (A) To issue permits which apply, and insure compliance with, 
all applicable requirements of section 308 of this Act, or 
"(B) To inspect, monitor, enter, and require reports to at least the 
same extent as required in section 308 of this Act; 
"(3) To insure that the public, and any other State the waters of 
which may be affected, receive notice of each application for a permit 
and to provide an opportunity for public hearing before a ruling on 
each such application; 
" (4) To insure that the Administrator receives notice of each appli-
cation (including a copy thereof) for a permit; 
"(5) To insure that any State (other than the permitting State), 
whose waters may be affected by the issuance of a permit may submit 
written recommendations to the permitting State (and the Adminis-
trator) with respect to any permit application and, if any part of 
such written recommendations are not accepted by the permitting 
State, that the permitting State will notify such affected State (and the 
Administrator) in writing of its failure to so accept such recommenda-, 
.. ,.* 
tions together with its reasons for so doing; 
.-;i> - t-u 
"(6) To insure that no permit will be issued if, in the judgment 
of the Secretary of the Army acting through the Chief of Engineers, 
after consultation with the Secretary of the department in which the 
Coast Guard is operating, anchorage and navigation of any of the 
navigable waters would be substantially impaired thereby; 
"(7) To abate violations of the permit or the permit program, 
including civil and criminal penalties and other ways and means of 
enforcement; 
"(8) To insure that any permit for a discharge from a publicly 
owned treatment works includes conditions to require adequate notice 
to the permitting agency of (A) new introductions into such works 
of pollutants from any source which would be a new source as defined 
in section 306 if such source were discharging pollutants, (B) new 
introductions of pollutants into such works from a source which would 
be subject to section 301 if it were discharging such pollutants, or 
(C) a substantial change in volume or character of pollutants being 
introduced into such works by a source introducing pollutants into 
882 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
State permit 
program, approval 
withdrawal. 
Administrator, 
notification. 
Waiver 
authority. 
Point sources, 
categories. 
such works at the time of issuance of the permit. Such notice shall 
include information on the quality and quantity of effluent to be 
introduced into such treatment worKs and any anticipated impact of 
such change in the quantity or quality of effluent to be discharged from 
such publicly owned treatment works; and 
"(9) To insure that any industrial user of any publicly owned 
treatment works will comply with sections 204(b), 307, and 308. 
" (c) (1) Not later than ninety days after the date on which a State 
has submitted a program (or revision thereof) pursuant to subsec-
tion (b) of this section, the Administrator shall suspend the issuance 
of permits under subsection (a) of this section as to those navigable 
waters subject to such program unless he determines that the State 
permit program does not meet the requirements of subsection (b) of 
this section or does not conform to the guidelines issued under section 
304(h) (2) of this Act. If the Administrator so determines, he shall 
notify the State of any revisions or modifications necessary to con-
form to such requirements or guidelines. 
"(2) Any State permit program under this section shall at all 
times be in accordance with this section and guidelines promulgated 
pursuant to section 304 (h) (2) of this Act. 
"(3) Whenever the Administrator determines after public hearing 
that a State is not administering a program approved under this sec-
tion in accordance with requirements of this section, he shall so notify 
the State and, if appropriate corrective action is not taken within a 
reasonable time, not to exceed ninety days, the Administrator shall 
withdraw approval of such program. The Administrator shall not 
withdraw approval of any such program unless he shall first have 
notified the State, and made public, m writing, the reasons for such 
withdrawal. 
"(d) (1) Each State shall transmit to the Administrator a copy of 
each permit application received by such State and provide notice to 
the Administrator of every action related to the consideration of such 
permit application, including each permit proposed to be issued by 
such State. 
"(2) No permit shall issue (A) if the Administrator within ninety 
days of the date of his notification under subsection (b) (5) of this 
section objects in writing to the issuance of such permit, or (B) if 
the Administrator within ninety days of the date of transmittal of the 
proposed permit by the State objects in writing to the issuance of 
such permit as being outside the guidelines and requirements of this 
Act. 
"(3) The Administrator may, as to any permit application, waive 
paragraph (2) of this subsection. 
"(e) In accordance with guidelines promulgated pursuant to sub-
section (h) (2) of section 304 of this Act, the Administrator is author-
ized to waive the requirements of subsection (d) of this section at 
the time he approves a program pursuant to subsection (b) of this 
section for any category (including any class, type, or size within such 
category) of point sources within the State submitting such program. 
"(f) The Administrator shall promulgate regulations establishing 
categories of point sources which he determines shall not be subject to 
the requirements of subsection (d) of this section in any State with a 
program approved pursuant to subsection (b) of this section. The 
Administrator may distinguish among classes, types, and sizes within 
any category of point sources. 
"(g) Any permit issued under this section for the discharge of pol-
lutants into the navigable waters from a vessel or other floating craft 
shall be subject to any applicable regulations promulgated by the 
Secretary of the department in which the Coast Guard is operating, 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
883 
establishing specifications for safe transportation, handling, carriage, 
storage, and stowage of pollutants. 
"(h) In the event any condition of a permit for discharges from a 
treatment works (as defined in section 212 of this Act) which is 
jjublicly owned is violated, a State with a program approved under 
subsection (b) of this section or the Administrator, where no State 
program is approved, may proceed in a court of competent jurisdiction 
to restrict or prohibit the introduction of any pollutant into such 
treatment works by a source not utilizing such treatment works prior 
to the finding that such condition was violated. 
"(i) Nothmg in this section shall be construed to limit the author-
ity of the Administrator to take action pursuant to section 309 of this 
Act. 
"(j) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such permit appli-
cation or permit, or portion thereof, shall further be available on 
request for the purpose of reproduction. 
" (k) Compliance with a permit issued pui-suant to this section shall 
be deemed compliance, for purposes of sections 309 and 505, with sec-
tions 301, 302, 306, 307, and 403, except any standard imposed under 
section 307 for a toxic pollutant injurious to human health. Until 
December 31, 1974, in any case where a permit for discharge has been 
applied for pursuant to this section, but final administrative disposition 
of such application has not been made, such discharge shall not be a 
violation of (1) section 301, 306, or 402 of this Act, or (2) section 13 
of the Act of March 3, 1899, unless the Administrator or other plain-
tiff proves that final administrative disposition of such application has 
not been made because of the failure of the applicant to furnish infor-
mation reasonably required or requested in order to process the applica-
tion. For the 180-day period beginning on the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, in the case 
of any point source discharging any pollutant or combination of pol-
lutants immediately prior to such date of enactment which source is 
not subject to section 13 of the Act of March 3, 1899, the discharge by 
such source shall not be a violation of this Act if such a source applies 
for a permit for discharge pursuant to this section within such 180-day 
period. 
"OCEAN DISCHARGE CRITERIA 
"SEC. 403. (a) No permit under section 402 of this Act for a discharga 
into the territorial sea, the waters of the contiguous zone, or the oceans 
shall be issued, after promulgation of guidelines established under sub-
section (c) of this section, except in compliance with such guidelines. 
Prior to the promulgation of such guidelines, a permit may be issued 
under such section 402 if the Administrator determines it to be in the 
public interest. 
"(b) The requirements of subsection (d) of section 402 of this Act 
may not be waived in the case of permits for discharges into the 
territorial sea. 
"(c) (1) The Administrator shall, within one hundred and eighty 
days after enactment of this Act (and from time to time thereafter), 
promulgate guidelines for determining the degradation of the waters 
of the territorial seas, the contiguous zone, and the oceans, which shall 
include: 
"(A) the effect of disposal of pollutants on human health or 
welfare, including but not limited to plankton, fish, shellfish, wild-
life, shorelines, and beaches; 
"(B) the effect of disposal of pollutants on marine life includ-
ing the transfer, concentration, and dispersal of pollutants or their 
Public informa-
tion. 
30 Stat. 1152. 
33 u s e 407. 
Ante, p. 816. 
Guidelines. 
884 
PUBLIC L
A
W 92-500-OCT. 18, 1972 
[86 STAT. 
Prohibition. 
byproducts through biological, physical, and chemical processes; 
changes in marine ecosystem diversity, productivity, and stability; 
and species and community population changes; 
"(C) the effect of disposal, of pollutants on esthetic, recreation, 
and economic values; 
"(D) the persistence and permanence of the effects of disposal 
of pollutants; 
"(E) the effect of the disposal at varying rates, of particular 
volumes and concentrations of pollutants; 
"(F) other possible locations and methods of disposal or recy-
cling of pollutants including land-based alternatives; and 
"(G) the effect on alternate uses of the oceans, such as mineral 
exploitation and scientific study. 
" (2) In any event where insufficient information exists on any pro-
posed discharge to make a reasonable judgment on any of the side-
lines established pursuant to this subsection no permit shall be issued 
under section 402 of this Act. 
a 
Notice, hearing 
opportunity. 
Disposal site, 
specification 
prohibition. 
Findings of 
Administrator, 
publication. 
PERMITS FOR DREDGED OR FILL MATERIAL 
"SEC. 404. (a) The Secretary of the Army, acting through the Chief 
of Engineers, may issue permits, after notice and opportunity for 
public nearings for the discharge of dredged or fill material into the 
navigable waters at specified disposal sites. 
"(b) Subject to subsection (c) of this section, each such disposal 
site shall be specified for each such permit by the Secretary of the Anny 
(1) through the application of guidelines developed by the Adminis-
trator, in conjunction with the Secretary of the Army, which side-
lines shall be based upon criteria comparable to the criteria applicable 
to the territorial seas, the contiguous zone, and the ocean under section 
403(c), and (2) in any case where such guidelines under clause (1) 
alone would prohibit the specification of a site, through the applica-
tion additionally of the economic impact of the site on navigation and 
anchorage. 
"(c) The Administrator is authorized to prohibit the specification 
(including the withdrawal of specification) of any defined area as a 
disposal site, and he is authorized to deny or restrict the use of any 
defined area for specification (including the withdrawal of specifica-
tion) as a disposal site, whenever he determines, after notice and oppor-
tunity for public hearings, that the discharge of such materials into 
such area will have an unacceptable adverse effect on municipal water 
supplies, shellfish beds and fishery areas (including spawning and 
breeding areas), wildlife, or recreational areas. Before making such 
determination, the Administrator shall consult with the Secretary of 
the Army. The Administrator shall set forth in writing and make 
public his findings and his reasons for making any determination 
under this subsection. 
'DISPOSAL o r 
SEWAGE SLUDGE 
"SEC. 405. (a) Notwithstanding any other provision of this Act or 
of any other law, in any case where the disposal of sewage sludge 
resulting from the operation of a treatment works as defined in section 
212 of this Act (incfuding the removal of in-place sewage sludge from 
one location and its deposit at another location) would result in any 
pollutant from such sewage sludge entering the navigable waters, 
such disposal is prohibited except m accordance with a permit issued 
by the Administrator under this section. 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
885 
"(b) The Administrator shall issue regulations governing the 
issuance of permits for the disposal of sewage sludge subject to this sec-
tion. Such regulations shall require the application to such disposal 
of each criterion, factor, procedure, and requirement applicable to a 
permit issued under section 402 of this title, as the Administrator 
determines necessary to carry out the objective of this Act. 
"(c) Each State desiring to administer its own permit program 
for disposal of sewage sludge within its jurisdiction may do so if upon 
submission of such program the Administrator determines such pro-
gram is adequate to carry out the objective of this Act. 
"TITLE V—GENERAL PROVISIONS 
Permit issuance, 
regulations. 
State permit 
program. 
U 
ADMINISTRATION 
"SEC. 501. (a) The Administrator is authorized to prescribe such 
regulations as are necessary to carry out his functions under this Act. 
"(b) The Administrator, with the consent of the head of any other 
agency of the United States, may utilize such officers and employees 
of such agency as may be found necessary to assist in carrying out the 
purposes of this Act. 
"(c) Each recipient of financial assistance under this Act shall 
keep such records as the Administrator shall prescribe, including rec-
ords which fully disclose the amount and disposition by such recipi-
ent of the proceeds of such assistance, the total cost of the project or 
undertaking in connection with which such assistance is given or used, 
and the amount of that portion of the cost of the project or under-
taking supplied by other sources, and such other records as will facili-
tate an effective audit. 
"(d) The Administrator and the Comptroller Greneral of the 
Ignited States, or any of their duly authorized representatives, shall 
have access, for the purpose of audit and examination, to any books, 
documents, papers, and records of the recipients that are pertinent 
to the grants received under this Act. 
" (e) (1) It is the purpose of this subsection to authorize a program 
which will provide official recognition by the United States Govern-
ment to those industrial organizations and political subdivisions of 
States which during the preceding year demonstrated an outstanding 
technological achievement or an innovative process, method, or device 
in their waste treatment and pollution abatement programs. The 
Administrator shall, in consultation with the appropriate State water 
pollution control agencies, establish regulations under which such 
recognition may be applied for and granted, except that no applicant 
shall be eligible for an award under this subsection if such applicant 
is not in total compliance with all applicable water quality require-
ments under this Act, or otherwise does not have a satisfactory record 
with respect to environmental quality. 
"(2) The Administrator shall award a certificate or plaque of suit-
able design to each industrial organization or political subdivision 
which qualifies for such recognition under regulations established 
under this subsection. 
"(3) The President of the laiited States, the Governor of the 
appropriate State, the Speaker of the House of Representatives, and 
the President pro tempore of the Senate shall be notified of the award 
by the Administrator and the awarding of such recognition shall be 
published in the Federal Register. 
"(f) Upon the request of a State water pollution control agency, 
personnel of the Environmental Protection Agency may be detailed to 
such agency for the purpose of carrying out the provisions of this Act. 
Regulations. 
Recordkeeping. 
Audit. 
Application, 
regulations. 
Publication in 
Federal Register. 
EPA personnel, 
detail to State 
agencies. 
886 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
"GENERAL DEFII^ITIONS 
"SEC. 502. Except as otherwise specifically provided, when used in 
this Act: 
"(1) The term 'State water pollution control agency' means the 
State agency designated by the Governor having responsibility for 
enforcing State laws relating to the abatement of pollution. 
"(2) The term 'interstate agency' means an agency of two or more 
States established by or pursuant to an agreement or compact approved 
by the Congress, or any other agency of two or more States, having 
substantial powers or duties pertaining to the control of pollution as 
determined and approved by the Administrator. 
"(3) The term State'means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Trust Territory of the Pacific Islands. 
"(4) The term 'municipality' means a city, town, borough, county, 
parish, district, association, or other public body created by or pur-
suant to State law and having jurisdiction over disposal of sewage, 
industrial wastes, or other wastes, or an Indian tribe or an authorized 
Indian tribal organization, or a designated and approved management 
agency under section 208 of this Act. 
"(5) The term'person' means an individual, corporation, partner-
ship, association. State, municipality, commission, or political subdi-
vision of a State, or any interstate body. 
" (6) The term 'pollutant' means dredged spoil, solid waste, incinera-
tor residue, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials, heat, wrecked or 
discarded equipment, rock, sand, cellar dirt and industrial, municipal, 
and agricultural waste discharged into water. This term does not 
mean (A) 'sewage from vessels' within the meaning of section 312 of 
this Act; or (B) water, gas, or other material which is injected into a 
well to facilitate production of oil or gas, or water derived in asso-
ciation with oil or gas production and disposed of in a well, if the 
well used either to facilitate production or for disposal purposes is 
approved by authority of the State in which the well is located, and if 
such State determines that such injection or disposal will not result in 
the degradation of ground or surface water resources. 
"(7) The term 'navigable waters' means the waters of the TTnited 
States, including the territorial seas. 
" (8) The term 'territorial seas' means the belt of the seas measured 
from the line of ordinary low water along that portion of the coast 
which is in direct contact with the open sea and the line marking the 
seaward limit of inland waters, and extending seaward a distance of 
three miles. 
"(9) The term 'contiguous zone' means the entire zone established 
or to be established by the United States under article 24 of the Con-
is usT 1606. 
vention of the Territorial Sea and the Contiguous Zone. 
"(10) The term 'ocean' means any portion of the iiigh seas beyond 
the contiguous zone. 
" (11) The term 'effluent limitation' means any restriction established 
by a State or the Administrator on quantities, rates, and concentrations 
oi chemical, physical, biological, and other constituents which are dis-
charged from point sources into navigable waters, the waters of the 
contiguous zone, or the ocean, including schedules of compliance. 
" (12) The term 'discharge of a pollutant' and the term 'discharge of 
pollutants' each means (A) any addition of any pollutant to navigable 
waters from any point source, (B) any addition of any pollutant to tlie 
waters of the contiguous zone or the ocean from any point source other 
than a vessel or other floating craft. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
887 
"(13) The term 'toxic pollutant' means those pollutants, or com-
binations of pollutants, including disease-causing agents, which after 
discharge and u{)on exposure, ingestion, inhalation or assimilation into 
any organism, either directly from the environment or indirectly by 
ingestion through food chains, will, on the basis of information avail-
able to the Administrator, cause death, disease, behavioral abnormali-
ties, cancer, genetic mutations, physiological malfunctions (including 
malfunctions in reproduction) or physical deformations, in such 
organisms or their offspring. 
"(14) The term 'point source' means any discernible, confined and 
discrete conveyance, including but not limited to any pipe, ditch, 
channel, tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, or vessel or other floating 
craft, from which pollutants are or may be discharged. 
"(15) The term 'biological monitoring' shall mean the determina-
tion of the effects on aquatic life, including accumulation of pollut-
ants in tissue, in receiving waters due to the discharge of pollutants 
(A) by techniques and procedures, including sampling of organisms 
representative of appropriate levels of the food chain appropriate to 
the volume and the physical, chemical, and biological characteristics 
of the effluent, and (B) at appropriate frequencies and locations. 
"(16) The term 'discharge' when used without qualification includes 
a discharge of a pollutant, and a discharge of pollutants. 
"(17) The term 'schedule of compliance' means a schedule of reme-
dial measures including an enforceable sequence of actions or opera-
tions leading to compliance with an effluent limitation, other limitation, 
prohibition, or standard. 
"(18) The term 'industrial user' means those industries identified 
in the Standard Industrial Classification Manual, Bureau of the 
Budget, 1967, as amended and supplemented, under the category 'Divi-
sion T)—Manufacturing' and such other classes of significant waste 
producers as, by regulation, the Administrator deems appropriate. 
"(19) The term 'pollution' means the man-made or man-induced 
alteration of the chemical, physical, biological, and radiological 
integrity of water. 
"WATER POLLUTION CONTROL ADVISORY BOARD 
membership. 
"SEC. 503. (a) (1) There is hereby established in the Environmental ^^Jl^^^l^^"'^'^^' 
Protection Agency a Water Pollution Control Advisory Board, com-
posed of the Administrator or his designee, who shall be Chairman, and 
nine members appointed by the President, none of whom shall be 
Federal officers or employees. The appointed members, having due 
regard for the purposes of this Act, shall be selected from among rep-
resentatives of various State, interstate, and local governmental agen-
cies, of public or private interests contributing to, affected by, or 
concerned with pollution, and of other public and private agencies, 
organizations, or groups demonstrating an active interest in the field of 
pollution prevention and control, as well as other individuals who are 
expert in this field. 
" (2) (A) Each member appointed by the President shall hold office 
for a term of three years, except that (i) any member appointed to fill 
a vacancy occurring prior to the expiration of the term for which his 
predecessor was appointed shall be appointed for the remainder of 
such term, and (ii) the terms of office of the members first taking office 
after June 30,1956, shall expire as follows: three at the end of one year 
after such date, three at the end of two years after such date, and three 
at the end of three years after such date, as designated by the President 
at the time of appointment, and (iii) the term of any member under 
888 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Compensation. 
80 Stat. 499; 
83 Stat. 190. 
5 use 5703, 
5707 and notes. 
the preceding provisions shall be extended until the date on which his 
successor's appointment is effective. None of the members appointed by 
the President shall be eligible for reappointment within one year after 
the end of his preceding term. 
"(B) The members of the Board who are not officers or employees of 
the United States, while attending conferences or meetings of the 
Board or while otherwise serving at the request of the Administrator, 
shall be entitled to receive compensation at a rate to be fixed by the 
Administrator, but not exceeding $100 per diem, including travel-
time, and while away from their homes or regular places of business 
they may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the 
Government service employed intermittently. 
"(b) The Board shall advise, consult with, and make recommenda-
tions to the Administrator on matters of policy relating to the activ-
ities and functions of the Administrator under this Act. 
"(c) Such clerical and technical assistance as may be necessary to 
discharge the duties of the Board shall be provided from the per-
sonnel of the Environmental Protection Agency. 
"EMERGENCY POWERS 
"SEC. 504. Notwithstanding any other provision of this Act, the 
Administrator upon receipt of evidence that a pollution source or com-
bination of sources is presenting an imminent and substantial 
endangerment to the health of persons or to the welfare of persons 
where such endangerment is to the livelihood of such persons, such 
as inability to market shellfish, may bring suit on behalf of the United 
States in the appropriate district court to immediately restrain any 
person causing or contributing to the alleged pollution to stop the dis-
charge of pollutants causing or contributing to such pollution or to 
take such other action as may be necessary. 
ii 
use prec. 
title 1. 
District court 
jurisdiction. 
Notice and 
filing. 
CITIZEN SUITS 
"SEC. 505. (a) Except as provided in subsection (b) of this section, 
any citizen may commence a civil action on his own behalf— 
"(1) against any person (including (i) the United States, and 
(ii) any other governmental instrumentality or agency to the 
extent permitted by the eleventh amendment to the Constitution) 
who is alleged to be in violation of (A) an effluent standard or 
limitation under this Act or (B) an order issued by the Admin-
istrator or a State with respect to such a standard or limitation, or 
"(2) against the Administrator where there is alleged a fail-
ure of the Administrator to perform any act or duty under this 
Act which is not discretionary with the Administrator. 
The district courts shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, to enforce such 
an effluent standard or limitation, or such an order, or to order the 
Administrator to perform such act or duty, as the case may be, and to 
apply any appropriate civil penalties under section 309 (d) of this Act. 
"(b) No action may be commenced— 
"(1) under subsection (a) (1) of this section— 
" (A) prior to sixty days after the plaintiff has given notice 
of the alleged violation (i) to the Administrator, (ii) to the 
State in which the alleged violation occurs, and (iii) to any 
alleged violator of the standard, limitation, or order, or 
"(B) if the Administrator or State has commenced and is 
diligently prosecuting a civil or criminal action in a court 
ee - a? - n f-i. 
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
889 
Notice, regula-
tion. 
Litigation 
costs. 
of the United States, or a State to require compliance \vitli the 
standard, limitation, or order, but in any such action in a 
court of the United States any citizen may intervene as a 
matter of right. 
"(2) under subsection (a) (2) of this section prior to sixty days 
after the plaintiff has given notice of such action to the 
Administrator, 
except that such action may be brought immediately after such noti-
fication in the case of an action under this section respecting a violation 
of sections 306 and 307(a) of this Act. Notice under this subsection 
shall be given in such manner as the Administrator shall prescribe by 
regulation. 
"(c) (1) Any action respecting a violation by a discharge source of 
an effluent standard or limitation or an order respecting such standard 
or limitation may be brought under this section only in the judicial 
district in which such source is located. 
"(2) In such action under this section, the Administrator, if not a 
party, may intervene as a matter of right. 
"(d) The court, in issuing any final order in any action brought pur-
suant to this section, may aveard costs of litigation (including reason-
able attorney and expert witness fees) to any party, whenever the 
court determines such award is appropriate. The court may, if a tem-
porary restraining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance with the Fed-
eral Rules of Civil Procedure. 
"(e) Xothing in this section shall restrict any right which any per-
son (or class of persons) may have under any statute or common law 
to seek enforcement of any effluent standard or limitation or to seek 
any other relief (including relief against the Administrator or a State 
agency). 
"(f) For purposes of this section, the term 'effluent standard or limi- g^g^^"];^^"^',. j . 
tation under this Act' means (1) effective July 1,1973, an unlawful act t\tU)n^Lnde^ tM^ 
under subsection (a) of section 301 of this Act; (2) an effluent limita- Act." 
tion or other limitation under section 301 or 302 of this Act; (3) stand-
ard of performance under section 306 of this Act; (4) prohibition, 
effluent standard or pretreatment standards under section 307 of this 
Act; (5) certification under section 401 of this Act; or (6) a permit or 
condition thereof issued under section 402 of this Act, which is in effect 
under this Act (including a requirement applicable by reason of sec-
tion 313 of this Act). 
"(g) For the purposes of this section the term 'citizen' means a per-
son or persons having an interest which is or may be adversely affected. 
"(h) A Governor of a State may commence a civil action under sub-
section (a), without regard to the limitations of subsection (b) of this 
section, against the Administrator where there is alleged a failure of 
the Administrator to enforce an effluent standard or limitation under 
this Act the violation of which is occurring in another State and is 
causing an adverse effect on the public health or welfare in his State, or 
is causing a violation of any water quality requirement in his State. 
28 use app. 
'Citizen," 
State Governor, 
civil action. 
(( 
APPEARANCE 
"SEC. 506. The Administrator shall request the Attorney General to 
appear and represent the United States in any civil or criminal action 
instituted under this Act to which the Administrator is a party. Unless 
the Attorney General notifies the Administrator within a reasonable 
time, that he will appear in a civil action, attorneys who are officers or 
employees of the Environmental Protection Agency shall appear and 
i-epresent the United States in such action. 
890 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Review; hearing 
opportunity. 
80 Stat. 384. 
Judicial review. 
Employment 
reduction, inves-
tigation. 
"EMPLOYEE 
PROTECTIOX 
"SEC. 507. (a) No person shall fire, or in any other way discriminate 
against, or cause to be fired or discriminated against, any employee or 
any authorized representative of employees by reason of the fact that 
such employee or representative has filed, instituted, or caused to be 
filed or instituted any proceeding under this Act, or has testified or is 
about to testify in any proceeding resulting from the administration 
or enforcement of the provisions of this Act. 
"(b) Any employee or a representative of employees who believes 
that he has been fired or otherwise discriminated against by any per-
son in violation of subsection (a) of this section may, within thirty 
days after such alleged violation occurs, apply to the Secretary of 
Labor for a review of such firing or alleged discrimination. A copy of 
the application shall be sent to such person who shall be the respond-
ent. Upon receipt of such application, the Secretary of Labor shall 
cause such investigation to be made as he deems appropriate. Such 
investigation shall provide an opportunity for a public hearing at the 
request of any party to such review to enable the parties to present 
information relating to such alleged violation. The parties shall be 
given written notice of the time and place of the hearing at least five 
days prior to the hearing. Any such hearing shall be of record and 
shall be subject to section 554 of title 5 of the United States Code. 
Upon receiving the report of such investigation, the Secretary of 
Labor shall make findings of fact. If he finds that such violation did 
occur, he shall issue a decision, incorporating an order therein and his 
findings, requiring the party committing such violation to take such 
affirmative action to abate the violation as the Secretary of Labor 
deems appropriate, including, but not limited to, the rehiring or rein-
statement of the employee or representative of employees to his former 
position with compensation. If he finds that there was no such viola-
tion, he shall issue an order denying the application. Such order issued 
by the Secretary of Labor under this subparagraph shall be subject 
to judicial review in the same manner as orders and decisions of the 
Administrator are subject to judicial review under this Act. 
"(c) Whenever an order is issued under this section to abate such 
violation, at the request of the applicant, a sum equal to the aggre-
gate amount of all costs and expenses (including the attorney's fees), 
as determined by the Secretary of Labor, to have been reasonably 
incurred by the applicant for, or in connection with, the institution 
and prosecution of such proceedings, shall be assessed against the per-
son committing such violation. 
"(d) This section shall have no application to any employee who, 
acting without direction from his employer (or his agent) deliberately 
violates any prohibition of effluent limitation or other limitaton under 
section 301 or 302 of this Act, standards of performance under sec-
tion 306 of this Act, effluent standard, prohibition or pretreatment 
standard under section 307 of this Act, or any other prohibition or 
limitation established under this Act. 
"(e) The Administrator shall conduct continuing evaluations of 
potential loss or shifts of employment which may result from the 
issuance of any effluent limitation or order under this Act, including, 
where appropriate, investigating threatened plant closures or reduc-
tions in employment allegedly resulting from such limitation or order. 
Any employee who is discharged or laid-off, threatened with discharge 
or lay-off, or otherwise discriminated against by any person because of 
the alleged results of any effluent limitation or order issued under this 
Act, or any representative of such employee, may request the Admin-
istrator to conduct a full investigation of the matter. The Administra-
86 STAT.] 
PUBLIC LAW 92-500-OCT. 18, 1972 
891 
tor shall thereupon investigate the matter and, at the request of any 
party, shall hold public hearings on not less than five days notice, and 
shall at such hearings require the parties, including the emploj^er 
involved, to present information relating to the actual or potential 
effect of such limitation or order on employment and on any alleged 
discharge, lay-off, or other discrimination and the detailed reasons or 
•justification therefor. Any such hearing shall be of record and shall 
be subject to section 554 of title 5 of the United States Code. Upon 
receiving the report of such investigation, the Administrator shall 
make findings of fact as to the effect of such effluent limitation or 
order on employment and on the alleged discharge, lay-off, or discrim-
ination and shall make such recommendations as he deems appro-
priate. Such report, findings, and recommendations shall be available 
to the public. Nothing in this subsection shall be construed to require 
or authorize the Administrator to modify or withdraw any effluent 
limitation or order issued under this Act. 
Public hearings 
80 Stat. 384. 
Information, 
availability. 
u 
FEDERAL PROCUREMENT 
"SEC. 508. (a) No Federal agency may enter into any contract with 
any person, who has been convicted of any offense under section 309 
(c) of this Act, for the procurement of goods, materials, and services 
if such contract is to be performed at any facility at which the viola-
tion which gave rise to such conviction occurred, and if such facility is 
owned, leased, or supervised by such person. The prohibition in the 
preceding sentence shall continue until the Administrator certifies 
that the condition giving rise to such conviction has been corrected. 
"(b) The Administrator shall establish procedures to provide all 
Federal agencies with the notification necessary for the purposes of 
subsection (a) of this section. 
"(c) In order to implement the purposes and policy of this Act to 
protect and enhance the quality of the Nation's water, the President 
shall, not more than one hundred and eighty days after enactment of 
this Act, cause to be issued an order (1) requiring each Federal agency 
authorized to enter into contracts and each Federal agency which is 
empowered to extend Federal assistance by way of grant, loan, or con-
tract to effectuate the purpose and policy of this Act in such contract-
ing or assistance activities, and (2) setting forth procedures, sanctions, 
penalties, and such other provisions, as the President determines 
necessary to carry out such requirement. 
"(d) The President may exempt any contract, loan, or grant from 
all or part of the provisions of this section where he determines such 
exemption is necessary in the paramount interest of the Ignited States 
and he shall notify the Congress of such exemption. 
"(e) The President shall annually report to the Congress on meas-
ures taken in compliance with the purpose and intent of this section, 
including, but not limited to, the progress and problems associated 
with such compliance. 
Prohibition. 
Implementation, 
Presidential 
order. 
Exemption, noti-
fication to Con-
gress. 
Annual report 
to Congress. 
"ADMINISTRATIVE PROCEDURE AND .JUDICIAL REVIEW 
"SEC. 509. (a) (1) For purposes of obtaining information under sec-
tion 305 of this Act, or carrying out section 507(e) of this Act, the 
Administrator may issue subpenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, and docu-
ments, and he may administer oaths. Except for effluent data, upon 
a showing satisfactory to the Administrator that such papers, books, 
documents, or information or particular part thereof, if made public, 
would divulge trade secrets or secret processes, the Administrator 
Administrator, 
subpena power. 
Trade secrets, 
protection. 
892 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
62 Stat. 791, 
Witnesses. 
U.S. district 
courts, subpenas. 
Judicial review. 
Additional 
evidence; new 
findings. 
shall consider such record, report, or information or particular por-
tion thereof confidential in accordance with the purposes of section 
1905 of title 18 of the LTnited States Code, except that such paper, 
book, document, or information may be disclosed to other officers, 
employees, or authorized representatives of the United States con-
cerned with carrying out this Act, or when relevant in any proceeding 
under this Act. Witnesses summoned shall be paid the same fees and 
mileage that are paid witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpena served upon any per-
son under this subsection, the district court of the United States for 
any district in which such person is found or resides or transacts busi-
ness, upon application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring such person 
to appear and give testimony before the Administrator, to appear 
and produce papers, books, and documents before the Administrator, 
or both, and any failure to obey such order of the court may be pun-
ished by such court as a contempt thereof. 
"(2) The district courts of the United States are authorized, upon 
application by the Administrator, to issue subpenas for attendance 
and testimony of witnesses and the production of relevant papers, 
books, and documents, for purposes of obtaining information under 
sections 304 (b) and (c) of this Act. Any papers, books, documents, 
or other information or part thereof, obtained by reason of such a 
subpena shall be subject to the same requirements as are provided in 
paragraph (1) of this subsection. 
" (b)(1) Eeview of the Administrator's action (A) in promulgating 
any standard of performance under section 306, (B) in making any 
determination pursuant to section 306(b) (1) (C), (C) in promulgat-
ing any effluent standard, prohibition, or treatment standard under 
section 307, (D) in making any determination as to a State permit 
program submitted under section 402(b), (E) in approving or pro-
mulgating any effluent limitation or other limitation under section 
301, 302, or 306, and (F) in issuing or denying any permit under sec-
tion 402, may be had by any interested person in the Circuit Court of 
Appeals of the United States for the Federal judicial district in which 
such person resides or transacts such business upon application by 
such person. Any such application shall be made within ninety days 
from the date of such determination, approval, promulgation, issuance 
or denial, or after such date only if such application is based solely on 
grounds which arose after such ninetieth day. 
"(2) Action of the Administrator with respect to which review 
could have been obtained under paragraph (1) of this subsection shall 
not be subject to judicial review m any civil or criminal proceeding for 
enforcement. 
"(c) In any judicial proceeding brought under subsection (b) of 
this section in which review is sought of a determination under this 
Act required to be made on the record after notice and opportunity 
for hearing, if any party applies to the court for leave to adduce addi-
tional evidence, and shows to the satisfaction of the court that such 
additional evidence is material and that there were reasonable grounds 
for the failure to adduce such evidence in the proceeding before the 
Administrator, the court may order such additional evidence (and 
evidence in rebuttal thereof) to be taken before the Administrator, in 
such manner and upon such terms and conditions as the court may 
deem proper. The Administrator may modify his findings as to the 
facts, or make new findings, by reason of the additional evidence so 
taken and he shall file such modified or new finding, and his recom-
mendation, if any, for the modification or setting aside of his original 
determination, with the return of such additional evidence. 
86 STAT. ] 
PUBLIC LAW 92-500-OGT. 18, 1972 
893 
"STATE AUTHORITY 
"SEC. 510. Except as expressly provided in this Act, nothing in this 
Act shall (1) preclude or deny the right of any State or political sub-
division thereof or interstate agency to adopt or enforce (A) any 
standard or limitation respecting discharges of pollutants, or (B) any 
requirement respecting control or abatement of pollution; except that 
if an effluent limitation, or other limitation, effluent standard, prohibi-
tion, pretreatment standard, or standard of performance is in effect 
under this Act, such State or political subdivision or interstate agency 
may not adopt or enforce any effluent limitation, or other limitation, 
effluent standard, prohibition, pretreatment standard, or standard of 
performance which is less stringent than the effluent limitation, or other 
limitation, effluent standard, prohibition, pretreatment standard, or 
standard of performance under this Act; or (2) be construed as impair-
ing or in any manner affecting any right or jurisdiction of the States 
with respect to the waters (including boundary waters) of such States. 
li OTHER AFFECTED AUTHORITY 
"SEC. 511. (a) This Act shall not be construed as (1) limiting the 
authority or functions of any officer or agency of the United States 
' ''** -^ 
under any other law or regulation not inconsistent with this Act; (2) 
affecting or impairing the authority of the Secretarv of the Army 
(A) to maintain navigation or (B) under the Act of March 3, 1899 
(30 Stat. 1112); except that any permit issued under section 404 of 
this Act shall be conclusive as to the effect on water quality of any 
discharge resulting from any activity subject to section 10 of the Act 
of March 3, 1899, or (3) affecting or impairing the provisions of any 
3o stat. nsi. 
treaty of the United States. 
" "^"^ ^°'-
"(b) Discharges of pollutants into the navigable waters subject to 
the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) 
and the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 
441^51b) shall be regulated pursuant to this Act, and not subject 
72 stat. 970. 
to such Act of 1910 and the Act of 1888 except as to effect on naviga-
tion and anchorage. 
"(c)(1) Except for the provision of Federal financial assistance 
for the purpose of assisting the construction of publicly owned treat-
ment works as authorized by section 201 of this Act, and the issuance 
of a permit under section 402 of this Act for the discharge of any 
.. . 1 
pollutant by a new source as defined in section 306 of this Act, no 
action of the Administrator taken pursuant to this Act shall be deemed 
a major Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental 
Policy Act of 1969 (83 Stat. 852); and 
_42 use 4321 
"(2) Nothing in the National Environmental Policy Act of 1969 
(83 Stat. 852) shall be deemed to— 
"(A) authorize any Federal agency authorized to license or 
permit the conduct of any activity which may result in the dis-
charge of a pollutant into the navigable waters to review any 
effluent limitation or other requirement established pursuant to 
this Act or the adequacy of any certification under section 401 of 
this Act; or 
"(B) authorize any such agency to impose, as a condition prece-
dent to the issuance of any license or permit, any effluent limita-
tion other than any such limitation established pursuant to tliis 
Act. 
note. 
894 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
'SEPARABILITY 
49 Stat. 1011; 
78 Stat. 238. 
64 Stat. 1267. 
63 Stat. 108. 
Establishment; 
membership. 
Term. 
Proposed regu-
lations, public 
hearing. 
"SEC. 512. If any provision of this Act, or the application of any pro-
vision of this Act to any person or circumstance, is held invalid, the 
application of such provision to other persons or circumstances, and 
the remainder of this Act, shall not be affected thereby. 
u 
LABOR STANDARDS 
"SEC. 513. The Administrator shall take such action as may be 
necessary to insure that all laborers and mechanics employed by con-
tractors or subcontractors on treatment works for which grants are 
made under this Act shall be paid wages at rates not less than those 
prevailing for the same type of work on similar construction in the 
immediate locality, as determined by the Secretary of Labor, in 
accordance with the Act of March 3, 1931, as amended, known as the 
Davis-Bacon Act (46 Stat. 1494; 40 TJ.S.C, sec. 276a through 276a-5). 
The Secretary of Labor shall have, with respect to the labor standards 
specified in this subsection, the authority and functions set forth in 
Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 
2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 
276c). 
"PUBLIC HEALTH AGENCY COORDINATION 
"SEC. 514. The permitting agency under section 402 shall assist the 
applicant for a permit under such section in coordinating the require-
ments of this Act with those of the appropriate public health agencies. 
"EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY 
COMMITTEE 
"SEC. 515. (a) (1) There is established on Effluent Standards and 
Water Quality Information Advisory Committee, which shall be com-
posed of a Chairman and eight members who shall be appointed by 
the Administrator within sixty days after the date of enactment of 
this Act. 
"(2) All members of the Committee shall be selected from the scien-
tific community, qualified by education, training, and experience to 
provide, assess, and evaluate scientific and technical information on 
effluent standards and limitations. 
"(3) Members of the Committee shall serve for a term of four years, 
and may be reappointed. 
"(b)(1) No later than one hundred and eighty days prior to the 
date on which the Administrator is required to publish any proposed 
regulations required by section 304(b) of this Act, any proposed 
standard of performance for new sources required by section 306 of 
this Act, or any proposed toxic effluent standard required by section 
307 of this Act, he shall transmit to the Committee a notice of intent 
to propose such regulations. The Chairman of the Committee within 
ten days after receipt of such notice may publish a notice of a public 
hearing by the Committee, to be held within thirty days. 
"(2) No later than one hundred and twenty days after receipt of 
such notice, the Committee shall transmit to the Administrator such 
scientific and technical information as is in its possession, including 
that presented at any public hearing, related to the subject matter 
contained in such notice. 
"(3) Information so transmitted to the Administrator shall con-
stitute a part of the administrative record and comments on any pro-
posed regulations or standards as information to be considered with 
other comments and information in making any final determinations. 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
895 
"(4) In preparing information for transmittal, the Conmiittee shall 
avail itself of the technical and scientific services of any Federal 
agency, including the United States Geological Survey and any 
national environmental laboratories which may be established. 
"(c) (1) The Committee shall appoint and prescribe the duties of a 
Secretary, and such legal counsel as it deems necessary. The Commit-
tee shall appoint such other employees as it deems necessary to exercise 
and fulfill its powers and responsibilities. The compensation of all 
employees appointed by the Committee shall be fixed in accordance 
with chapter 51 and subchapter I I I of chapter 53 of title V of the 
United States Code. 
"(2) Members of the Committee shall be entitled to receive com-
pensation at a rate to be fixed by the President but not in excess of the 
maximum rate of pay for grade GS-18,^s provided in the General 
Schedule under section 5332 of title V of the United States Code. 
"(d) Five members of the Committee shall constitute a quorum, and 
official actions of the Committee shall be taken only on the affirmative 
vote of at least five members. A special panel composed of one or more 
members upon order of the Committee shall conduct any hearing 
authorized by this section and submit the transcript of su.ch hearing 
to the entire Committee for its action thereon. 
"(e) The Committee is authorized to make such rules as are neces-
sary for the orderly transaction of its business. 
Secretary; legal 
counsel. 
5 u s e 5101, 
5331. 
Quorum. 
Rules. 
REPORTS TO CONGRESS 
"SEC. 516. (a) Within ninety days following the convening of each 
session of Congress, the Administrator shall submit to the Congress 
a report, in addition to any other report required by this Act, on 
measures taken toward implementing the objective of this Act, includ-
ing, but not limited to, (1) the progress and problems associated with 
developing comprehensive plans under section 102 of this Act, area-
wide plans under section 208 of this Act, basin plans under section 
209 of this Act, and plans under section 303(e) of this Act: (2) a 
summary of actions taken and results achieved in the field of water 
pollution control research, experiments, studies, and related matters by 
the Administrator and other Federal agencies and by other persons 
and agencies under Federal grants or contracts; (3) the progress 
and problems associated with the development of effluent limitations 
and recommended control techniques; (4) the status of State pro-
grams, including a detailed summary of the progress obtained as 
compared to that planned under State program plans for development 
and enforcement of water quality requirements; (5) the identification 
and status of enforcement actions pending or completed under such 
Act during the preceding year; (6) the status of State, interstate, and 
local pollution control programs established pursuant to, and assisted 
by, this Act; (7) a summary of the results of the survey required to be 
taken under section 210 of this Act; (8) his activities including recom-
mendations under sections 109 through 111 of this Act; and (9) ail 
reports and recommendations made by the Water Pollution Control 
Advisory Board. 
"(b) The Administrator, in cooperation with the States, including 
water pollution control agencies and other water pollution control 
planning agencies, shall make (1) a detailed estimate of the cost of 
carrying out the provisions of this Act; (2) a detailed estimate, bien-
nially revised, of the cost of construction of all needed publicly owned 
treatment works in all of the States and of the cost of construction of 
all needed publicly owned treatment works in each of the States; (3) 
a comprehensive study of the economic impact on affected units of gov-
896 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
ernment of the cost of installation of treatment facilities; and (4) a 
comprehensive analysis of the national requirements for and the cost 
of treating municipal, industrial, and other effluent to attain the water 
quality objectives as established by this Act or applicable State law. 
The Administrator shall submit such detailed estimate and such com-
prehensive study of such cost to the Congress no later than February 
10 of each odd-numbered year. Whenever the Administrator, pursuant 
to this subsection, requests and receives an estimate of cost from a 
State, he shall furnisn copies of such estimate together with such 
detailed estimate to Congress. 
"GENERAL AUTHORIZATION 
"SEC. 517. There are authorized to be appropriated to carry out this 
Act, other than sections 104, 105, 106(a), 107, 108, 112, 113, 114, 115, 
206,207,208 (f) and (h), 209, 304, 311 (c), (d), (i), (l),and (k),314, 
315, and 317, $250,000,000 for the fiscal year ending June 30, 1973, 
$300,000,000 for the fiscal year ending June 30,1974, and $350,000,000 
for the fiscal year ending June 30,1975. 
"SHORT TITLE 
"SEC. 518. This Act may be cited as the 'Federal Water Pollution 
Control Act'." 
AUTHORIZATIONS FOR FISCAL YEAR 197 2 
SEC. 3. (a) There is authorized to be appropriated for the fiscal 
year ending June 30, 1972, and to exceed $11,000,000 for the purpose 
of carrying out section 5(n) (other than for salaries and related 
expenses) of the Federal Water Pollution Control Act as it existed 
immediately prior to the date of the enactment of the Federal Water 
33 use n 5
^
5 
Pollution Control Act Amendments of 1972. 
(b) There is hereby authorized to be appropriated for the fiscal 
year ending June 30, 1972, and to exceed $350,000,000 for the purpose 
of making grants under section 8 of the Federal Water Pollution Con-
trol Act as it existed immediately prior to the date of the enactment 
8oltal!\"248^' 
of the Federal Water Pollution Control Act Amendments of 1972. 
Ante, p. 48, ' 
(c) The Federal share of all grants made under section 8 of the 
33 use 1158. 
Federal Water Pollution Control Act as it existed immediately prior 
to the date of enactment of the Federal Water Pollution Control Act 
Amendments of 1972 from sums herein and heretofore authorized for 
the fiscal year ending June 30, 1972, shall be that authorized by 
section 202 of such Act as established by the Federal Water Pollution 
Ante. p. 834. 
Coutrol Act Amendments of 1972. 
(d) Sums authorized bj^ this section shall be in addition to any 
amounts heretofore authorized for such fiscal year for sections 5(n) 
and 8 of the Federal Water Pollution Control Act as it existed imme-
diately prior to the date of enactment of the Federal Water Pollution 
Control Act Amendments of 1972. 
SAVINGS PROVISION 
SEC. 4. (a) Xo suit, action, or other proceeding lawfully commenced 
by or against the Administrator or any other officer or employee of the 
United States in his official capacity or in relation to the discharge of 
his official duties under the Federal Water Pollution Control Act as 
in effect immediately prior to the date of enactment of this Act shall 
abate by reason of the taking effect of the amendment made by section 
Ante, p. 816. 
2 of tliis Act. The court may, on its own motion or that of any party 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
897 
made at any time within twelve months after such taking effect, allow 
the same to be maintained by or against the Administrator or such 
officer or employee. 
(b) All rules, regulations, orders, determinations, contracts, certifi-
cations, authorizations, delegations, or other actions duly issued, made, 
or taken by or pursuant to the Federal Water Pollution Control Act 
as in effect immediately prior to the date of enactment of this Act, o/str^'gi^'*' 
and pertaining to any functions, powers, requirements, and duties 
33 use 1151 
under the Federal Water Pollution Control Act as in effect immedi- n°te. 
ately prior to the date of enactment of this Act, shall continue in full 
force and effect after the date of enactment of this Act until modified 
or rescinded in accordance with the Federal Water Pollution Con-
trol Act as amended by this Act. 
(c) The Federal Water Pollution Control Act as in effect immedi-
ately prior to the date of enactment of this Act shall remain applica-
ble to all grants made from funds authorized for the fiscal year ending 
June 30, 1972, and prior fiscal years, including any increases in the 
monetary amount of any such grant which may be paid from author-
izations for fiscal years beginning after June 30, 1972, except as spe-
cifically otherwise provided in section 202 of the Federal Water 
Pollution Control Act as amended by this Act and in subsection (c) 
^"'e* P- S^'*-
of section 3 of this Act. 
OVERSIGHT STUDY 
SEC. 5. In order to assist the Congress in the conduct of oversight 
,f ^^""^^'° ^°"' 
responsibilities the Comptroller General of the United States shall 
conduct a study and review of the research, pilot, and demonstration 
programs related to prevention and control of water pollution, includ-
ing waste treatment and disposal techniques, which are conducted, 
supported, or assisted by any agency of the Federal Government pur-
suant to any Federal law or regulation and assess conflicts between, 
and the coordination and efficacy of, such programs, and make a report 
to the Congress thereon by October 1,1973. 
INTERNATIONAL TRADE STUDY 
SEC. 6. (a) The Secretary of Commerce, in cooperation with other 
interested Federal agencies and with representatives of industry and 
the public, shall undertake immediately an investigation and study to 
determine— 
(1) the extent to which pollution abatement and control pro-
grams will be imposed on, or voluntarily undertaken by. United 
States manufacturers in the near future and the probable short-
and long-range effects of the costs of such programs (computed 
to the greatest extent practicable on an industry-by-industry 
basis) on (A) the production costs of such domestic manufactur-
ers, and (B) the market prices of the goods produced by them; 
(2) the probable extent to which pollution abatement and con-
trol programs will be implemented in foreign industrial nations 
in the near future and the extent to which the production costs 
(computed to the greatest extent practicable on an industry-by-
industry basis) of foreign manufacturers will be affected by the 
costs of such programs; 
(3) the probable competitive advantage which any article 
manufactured in a foreign nation will likely have in relation to 
a comparable article made in the United States if that foreign 
nation— 
898 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Report to 
President and 
Congress. 
(A) does not require its manufacturers to implement pol-
lution abatement and control programs. 
(B) requires a lesser degree of pollution abatement and 
control in its programs, or 
(C) in any way reimburses or otherwise subsidizes its 
manufacturers for the costs of such program; 
(4) alternative means by which any competitive advantage 
accruing to the products of any foreign nation as a result of any 
factor described in paragraph (3) may be (A) accurately and 
quickly determined, and (B) equalized, for example, by the 
imposition of a surcharge or duty, on a foreign product in an 
amount necessary to compensate for such advantage; and 
(5) the impact, if any, which the imposition of a compensating 
tariff of other equalizing measure may have in encouraging 
foreign nations to implement pollution and abatement control 
programs. 
(b) The Secretary shall make an initial report to the President and 
Congress within six months after the date of enactment of this section 
of the results of the study and investigation carried out pursuant to 
this section and shall make additional reports thereafter at such times 
as he deems appropriate taking into account the development of rele-
vant data, but not less than once every twelve months. 
INTERNATIONAL 
AGREEMENTS 
SEC. 7. The President shall undertake to enter into international 
agreements to apply uniform standards of performance for the con-
trol of the discharge and emission of pollutants from new sources, 
uniform controls over the discharge and emission of toxic pollutants, 
and uniform controls over the discharge of pollutants into the ocean. 
For this purpose the President shall negotiate multilateral treaties, 
conventions, resolutions, or other agreements, and formulate, present, 
or support proposals at the United Nations and other appropriate 
international forums. 
72 Stat. 387; 
81 Stat. 268; 
Post, p. 1316. 
15 u s e 636. 
Ante, 
p. 816. 
84 Stat. 1633. 
LOANS TO SMALL BUSINESS CONCERNS FOR WATER POLLUTION CONTROL 
FACILITY 
SEC. 8. (a) Section 7 of the Small Business Act is amended by 
inserting at the end thereof a new subsection as follows: 
"(g)(1) The Administration also is empowered to make loans 
(either directly or in cooperation with banks or other lenders through 
agreements to participate on an immediate or deferred basis) to assist 
any small business concern in affecting additions to or alterations in 
the equipment, facilities (including the construction of pretreatment 
facilities and interceptor sewers), or methods of operation of such 
concern to meet water pollution control requirements established 
under the Federal Water Pollution Control Act, if the Administra-
tion determines that such concern is likely to suffer substantial eco-
nomic injury without assistance under this subsection. 
"(2) Any such loan— 
"(A) shall be made in accordance with provisions applicable 
to loans made pursuant to subsection (b) (5) of this section, 
except as otherwise provided in this subsection; 
"(B) shall be made only if the applicant furnishes the Admin-
istration with a statement in writing from the Environmental 
Protection Agency or, if appropriate, the State, that such addi-
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
899 
tions or alterations are necessary and adequate to comply with 
requirements established under the Federal Water Pollution Con-
trol Act. 
"(3) The Administrator of the Environmental Protection Agency 
shall, as soon as practicable after the date of enactment of the Federal 
Water Pollution Control Act Amendments of 1972 and not later than 
one hundred and eighty days thereafter, promulgate regulations estab-
lishing uniform rules for the issuance of statements for the purpose 
of paragraph (2) (B) of this subsection. 
"(4) There is authorized to be appropriated to the disaster loan 
fund established pursuant to section 4(c) of this Act not to exceed 
$800,000,000 solely for the purpose of carrying out this subsection." 
(b) Section 4(c)(1)(A) of the Small Business Act is amended 
by striking out "and 7(c) (2)" and inserting in lieu thereof "7(c) (2), 
and 7(g)". 
ENVIRONMENTAL COURT 
SEC. 9. The President, acting through the Attorney General, shall 
make a full and complete investigation and study of the feasibility 
of establishing a separate court, or court system, having jurisdiction 
over environmental matters and shall report the results of such investi-
gation and study together with his recommendations to Congress not 
later than one year after the date of enactment of this Art. 
Ante, 
p. 816. 
Regulations, 
promulgation. 
Ante, 
pp. 
556. 
382, 
Report to Con-
gress. 
NATIONAL POLICIES AND GOALS STUDY 
SEC. 10. The President shall make a full and complete investigation 
and study of all of the national policies and goals established by law 
for the purpose of determining what the relationship should be 
between these policies and goals, taking into account the resources of 
the Nation. He shall report the results of such investigation and study 
together with his recommendations to Congress not later than two 
years after the date of enactment of this Act. There is authorized 
to be appropriated not to exceed $5,000,000 to carry out the purposes 
of this section. 
EFFICIENCY STUDY 
SEC. 11. The President shall conduct a full and complete investi-
gation and study of ways and means of utilizing in the most effective 
manner all of the various resources, facilities, and personnel of the 
Federal Government in order most efficiently to carry out the objective 
of the Federal Water Pollution Control Act. He shall utilize in con-
ducting such investigation and study, the General Accounting Office. 
He shall report the results of such investigation and study together 
with his recommendations to Congress not later than two hundred 
and seventy days after the date of enactment of this Act. 
Report to Con-
gress. 
Appropriation, 
Report to Con-
gress. 
ENVIRONMENTAL 
FINANCING 
SEC. 12. (a) This section may be cited as the "Environmental 
Financing Act of 1972". 
(b) There is hereby created a body corporate to be known as the 
Environmental Financing Authority, which shall have succession 
until dissolved by Act of Congress. The Authority shall be subject to 
the general supervision and direction of the Secretary of the Treasury. 
The Authority shall be an instrumentality of the United States Gov-
ernment and shall maintain such offices as may be necessary or appro-
l^ri a te i n th e conduct of i ts business. 
Citation of title. 
Environmental 
Financing Author-
ity, establish-
ment. 
900 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Board of Direc-
tors. 
State or local 
obligations, pur-
chase. 
Ante, p. 816. 
Appropriation. 
Restriction. 
Advances, 
interest. 
(c) The purpose of this section is to assure that inability to borrow 
necessary funds on reasonable terms does not prevent any State or 
local public body from carrying out any project for construction of 
waste treatment works determined eligible for assistance pursuant to 
subsection (e) of this section. 
(d) (1) The Authority shall have a Board of Directors consisting of 
five persons, one of whom shall be the Secretary of the Treasury or 
his designee as Chairman of the Board, and four of whom shall be 
appointed by the President from among the officers or employees of 
the Authority or of any department or agency of the United States 
(jovernment. 
(2) The Board of Directors shall meet at the call of its Chairman. 
The Board shall determine the general policies which shall govern 
the operations of the Authority. The Chairman of the Board shall 
select and effect the appointment of qualified persons to fill the offices 
as may be provided for in the bylaws, with such executive functions, 
powers, and duties as may be prescribed by the bylaws or by the 
Board of Directors, and such persons shall be the executive officers 
of the Authority and shall discharge all such executive functions, 
powers, and duties. The members of the Board, as such, shall not 
receive compensation for their services. 
(e) (1) LTntil July 1,1975, the Authority is authorized to make com-
mitments to purchase, and to purchase on terms and conditions deter-
mined by the Authority, any olbligation or participation therein which 
is issued by a State or local public body to finance the non-Federal 
share of the cost of any project for the construction of waste treat-
ment works v.'hich the Administrator of the Environmental Protec-
tion Agency has determined to be eligible for Federal 
financial 
assistance under the Federal Water Pollution Control Act. 
(2) No commitment shall be entered into, and no purchase shall be 
made, unless the Administrator of the Environmental Protection 
Agency (A) has certified that the public body is unable to obtain on 
reasonable ter-ms sufficient credit to finance its actual needs; (B) has 
approved the project as eligible under the Federal Water Pollution 
C^ontrol Act; and (C) has agreed to guarantee timely payment of 
principal and interest on the obligation. The Administrator is author-
ized to guarantee such timely payments and to issue regulations as he 
deems necessary and proper to protect such guarantees. Appropria-
tions are hereby authorized to be made to the Administrator in such 
sums as are necessary to make payments under such guarantees, and 
such payments are authorized to be made from such appropriations. 
(3) No purchase shall be made of obligations issued to finance proj-
ects, the permanent financing of which occurred prior to the enact-
ment of this section. 
(4) Any purchase by the Authority shall be upon such terms and 
conditions as to yield a return at a rate determined by the Secretary of 
the Treasury taking into consideration (A) the current average yield 
on outstanding marketable obligations of the ITnited States of com-
parable maturity or in its stead whenever the Authority has sufficient 
of its own long-term obligations outstanding, the current average yield 
on outstanding obligations of the Authority of comparable maturity; 
and (B) the market yields on municipal bonds. 
(5) The Authority is authorized to charge fees for its commitments 
and other services adequate to cover all expenses and to provide for 
the accumulation of reasonable contingency reserves and such fees 
shall be included in the aggregate project costs. 
(f) To provide initial capital to the Authority the Secretary of 
the Treasury is authorized to advance the funds necessary for this 
purpose. Each such advance shall be upon such terms and conditions 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
901 
as to yield a return at a rate not less tlian a rate determined by the 
Secretary of the Treasury taking into consideration the current aver-
age yield on outstanding marketable obligations of the United States 
of comparable maturities. Interest payments on such advances may be 
deferred, at the discretion of the Secretary, but any such deferred 
payments shall themselves bear interest at the rate specified in this sec-
tion. There is authorized to be appropriated not to exceed $100,000,000, 
which shall be available for the purposes of this subsection. 
(g) (1) The Authority is authorized, with the approval of the Sec-
retary of the Treasury, to issue and have outstanding obligations 
having such maturities and bearing such rate or rates of interest as 
may be determined by the Authority. Such obligations may be redeem-
able at the option of the Authority before maturity in such manner 
as may be stipulated therein. 
(2) As authorized in appropriation Acts, and such authorizations 
may be without fiscal year limitation, the Secretary of the Treasury 
may in his discretion purchase or agree to purchase any obligations 
issued pursuant to paragraph (1) of this subsection, and for such 
purpose the Secretary of the Treasury is authorized to use as a public 
debt transaction the proceeds of the sale of any securities hereafter 
issued under the Second Liberty Bond Act, as now or hereafter in 
force, and the purposes for which securities may be issued under the 
Second Liberty Bond Act as now or hereafter in force, are extended 
to include such purchases. Each purchase of obligations by the Sec-
retary of the Treasury under this subsection shall be upon such terms 
and conditions as to yield a return at a rate not less than a rate deter-
mined by the Secretary of the Treasury, taking into consideration the 
current average yield on outstanding marketable obligations of the 
T'nited States of comparable maturities. The Secretary of the Treas-
ury may sell, upon such terms and conditions and at such price or 
prices as he shall determine, any of the obligations acquired by him 
under this paragraph. All purchases and sales by the Secretary of the 
Treasury or such obligations under this paragraph shall be treated as 
public debt transactions of the United States. 
(h) The Secretary of the Treasury is authorized and directed to 
make annual payments to the Authority in such amounts as are nec-
essary to equal the amount by which the dollar amount of interest 
expense accrued by the Authority on account of its obligations exceeds 
the dollar amount of interest income accrued by the Authority on 
account of obligations purchased by it pursuant to subsection (e) of 
this section. 
(i) The Authority shall have power^ 
(1) to sue and be sued, complain and defend, in its corporate 
name; 
(2) to adopt, alter, and use a corporate seal, which shall be 
judicially noticed; 
(3) to adopt, amend, and repeal bylaws, rules, and regulations 
as may be necessary for the conduct of its business; 
(4) to conduct its business, carry on its operations, and have 
offices and exercise the powers granted by this section in any 
State without regard to any qualification or similar statute in any 
State; 
(5) to lease, purchase, or otherwise acquire, own, hold, improve, 
use, or otherwise deal in and with any property, real, pereonal. or 
mixed, or any interest therein, wherever situated; 
(6) to accept gifts or donations of services, or of property, real, 
personal, or mixed, tan^ble or intangible, in aid of any of the 
purposes of the Authority: 
Appropriation, 
Obligations, 
issuance. 
40 Stat. 288. 
31 u s e 774. 
Powers, 
902 
PUBLIC LAW 92-500-OCT. 18, 1972 
[86 STAT. 
Tax exemp-
tion; exceptions. 
Annual report 
to President and 
Congress. 
59 Stat. 597. 
Ante, p. 901. 
(7) to sell, convey, mortgage, pledge, lease, exchange, and 
otherwise dispose of its property and assets; 
(8) to appoint such officers, attorneys, employees, and agents as 
may be required, to define their duties, to fix and to pay such 
compensation for their services as may be determined, subject to 
the civil service and classification laws, to require bonds for them 
and pay the premium thereof; and 
(9) to enter into contracts, to execute instruments, to incur 
liabilities, and to do all things as are necessary or incidental to 
the proper management of its affairs and the proper conduct of 
its business. 
(j) The Authority, its property, its franchise, capital, reserves, 
surplus, security holdings, and other funds, and its income shall be 
exempt from all taxation now or hereafter imposed by the United 
States or by any State or local taxing authority; except that (A) any 
real property and any tangible personal property of the Authority 
shall be subject to Federal, State, and local taxation to the same extent 
according to its value as other such property is taxed, and (B) any 
and all obligations issued by the Authority shall be subject both 
as to principal and interest to Federal, State, and local taxation to 
the same extent as the obligations of private corporations are taxed. 
(k) All obligations issued by the Authority shall be lawful invest-
ments, and may be accepted as security for all fiduciary, trust, and 
public funds, the investment or deposit of which shall be under author-
ity or control of the United States or of any officer or officers thereof. 
All obligations issued by the Authority pursuant to this section shall 
be deemed to be exempt securities within the meaning of laws admin-
istered by the Securities and Exchange Commission, to the same 
extent as securities which are issued by the United States. 
(1) In order to furnish obligations for delivery by the Authority, 
the Secretary of the Treasury is authorized to prepare such obligations 
in such form as the Authority may approve, such obligations when 
prepared to be held in the Treasury subject to delivery upon order by 
the Authority. The engraved plates, dies, bed pieces, and so forth, 
executed in connection therewith, shall remain in the custody of the 
Secretary of the Treasury. The Authority shall reimburse the Sec-
retary of the Treasury for any expenditures made in the preparation, 
custody, and delivery of such obligations. 
(m) The Authority shall, as soon as practicable after the end of 
each fiscal year, transmit to the President and the Congress an annual 
report of its operations and activities. 
(n) The sixth sentence of the seventh paragraph of section 5136 of 
the Revised Statutes, as amended (12 U.S.C. 24), is amended by insert-
ing "or obligations of the Environmental Financing Authority" imme-
diately after "or obligations, participations, or other instruments of or 
issued by the Federal National Mortgage Association or the Govern-
ment National Mortgage Association". 
(o) The budget and audit provisions of the Government Corpora-
tion Control Act (31 U.S.C. 846) shall be applicable to the Environ-
mental Financing Authority in the same manner as they are applied to 
the wholly owned Government corporations. 
(p) Section 3689 of the Revised Statutes, as amended (31 U.S.C. 
711), is further amended by adding a new paragraph following the 
last paragraph appropriating moneys for the purposes under the 
Treasury Department to read as follows: 
"Payment to the Environmental Financing Authority: For pay-
ment to the Environmental Financing Authority under subsection (h) 
of the Environmental Financing Act of 1972." 
86 STAT. ] 
PUBLIC LAW 92-500-OCT. 18, 1972 
903 
SEX. DISCRIMINATION 
SEC. 13. No person in the LTnited States shall on the ground of sex 
be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity receiving 
Federal assistance under this Act. the Federal Water Pollution Con-
trol Act, or the Environmental Financing Act. This section shall be g„^"'^' ^^' ^^^' 
enforced through agency provisions and rules similar to those already 
established, with respect to racial and other discrimination, under title 
VI of the Civil Rights Act of 1964. However, this remedy is not exclu- 
^^ ^^^- ^^^^^ 
sive and will not prejudice or cut off any other legal remedies avail-
able to a discriminatee. 
C A R L 
A L B E R T 
Speaker of the House of 
Representatives. 
F R A N K E . MOSS 
acting President 
of the Senate pro tempore. 
IN THE SENATE OF THE UNITED STATES, 
October 18 (legislative 
day, October 17), 1972 
The Senate having proceeded to reconsider the biU (S. 2770) entitled "An 
Act to amend the Federal Water Pollution Control Act", returned by the 
President of the United States with his objections, to the Senate, in which it 
originated, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having 
voted in the affirmative. 
Attest: 
F R A N C I S R . V A L E O 
Secretary. 
By: Darrell St. Claire 
Assistant 
Secretary. 
I certify that this Act originated in the Senate. 
F R A N C I S R . V A L E O 
Secretary. 
By: Darrell St. Claire 
Assistant 
Secretary.