Water Quality Act of 1987
PL 100-4 (H.R.1), enacted 02/04/1987

PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 7 
Public Law 100-4 
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100th Congress 
An Act 
To amend the Federal Water Pollution Control Act to provide for the renewal of the 
Feb. 4, 1987 
quality of the Nation's waters, and for other purposes. 
[H.R. 1] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Water Quality 
Act of 1987. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO FED-
ERAL WATER POLLUTION CONTROL ACT; DEFINITION OF 
ADMINISTRATOR. 
(a) SHORT TITLE.—This Act may be cited as the "Water Quality 33 use 1251 
Act of 1987". 
note. 
0)) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents; amendments to Federal Water Pollution Con-
trol Act; definition of Administrator. 
Sec. 2. Limitation on payments. 
TITLE I—AMENDMENTS TO TITLE I 
Sec. 101. Authorizations of appropriations. 
Sec. 102. Small flows clearinghouse. 
Sec. 103. Chesapeake Bay. 
Sec. 104. Great Lakes. 
Sec. 105. Research on effects of pollutants. 
TITLE II—CONSTRUCTION GRANTS AMENDMENTS 
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Sec. 201. Time limit on resolving certain disputes. 
Sec. 202. Federal share. 
Sec. 203. Agreement on eligible costs. 
Sec. 204. Design/build projects. 
Sec. 205. Grant conditions; user charges on low-income residential users. 
Sec. 206. Allotment formula. 
Sec. 207. Rural set aside. 
Sec. 208. Innovative and alternative projects. 
Sec. 209. Regional organization funding. 
Sec. 210. Marine CSO's and estuaries. 
Sec. 211. Authorization for construction grants. 
Sec. 212. State water pollution control revolving funds. 
Sec. 213. Improvement projects. 
Sec. 214. Chicago tunnel and reservoir project. 
Sec. 215. Ad valorem tax dedication. 
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TITLE III—STANDARDS AND ENFORCEMENTS 
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Sec. 301. Compliance dates. 
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Sec. 302. Modification for nonconventional pollutants. 
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Sec. 303. Discharges into marine waters. 
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Sec. 304. Filing deadline for treatment works modification. 
Sec. 305. Innovative technology compliance deadlines for direct dischargers. 
Sec. 306. Fundamentally different factors. 
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Sec. 307. Coal remining operations. 
Sec. 308. Individual control strategies for toxic pollutants. 
Sec. 309. Pretreatment standards. 
Sec. 310. Inspection and entry. 
Sec. 311. Marine sanitation devices. 
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Sec. 312. Criminal penalties. 
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Sec. 313. Civil penalties. 
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Sec. 314. Administrative penalties. 
Sec. 315. Clean lakes. 
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101 STAT. 8 
PUBLIC LAW 100-4—FEB. 4, 1987 
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.fSCi It, t. 
33 u s e 1251 
note. 
33 u s e 1251 
note. 
Sec. 316. Management of nonpoint sources of pollution. 
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Sec. 317. National estuary program. 
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Sec. 318. Unconsolidated quaternary aquifer. 
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TITLE IV—PERMITS AND LieENSES 
Sec. 401. Stormwater runoff from oil, gas, and mining operations. 
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Sec. 402. Additional pretreatment of conventional pollutants not required. 
Sec. 403. Partial NPDES program. 
Sec. 404. Anti-backsliding. 
Sec. 405. Municipal and industrial stormwater discharges. 
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Sec. 406. Sewage sludge. 
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Sec. 407. Log transfer facilities. 
TITLE V—MISeELLANEOUS PROVISIONS 
Sec. 501. Audits. 
Sec. 502. eommonwealth of the Northern Mariana Islands. 
Sec. 503. Agricultural stormwater discharges. 
Sec. 504. Protection of interests of United States in citizen suits. 
Sec. 505. Judicial review and award of fees. 
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Sec. 506. Indian tribes. 
Sec. 507. Definition of point source. 
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Sec. 508. Special provisions regarding certain dumping sites. 
Sec. 509. Ocean discharge research project. 
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Sec. 510. San Diejgo, ealifornia. 
Sec. 511. Limitation on discharge of raw sewage by New York eity. 
Sec. 512. Oakwood Beach and Red Hook Projects, New York. 
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Sec. 513. Boston Harbor and adjacent waters. 
Sec. 514. Wastewater reclamation demonstration. 
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Sec. 515. Des Moines, Iowa. 
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Sec. 516. Study of de minimis discharges. 
Sec. 517. Study of effectiveness of innovative and alternative processes and tech-
niques. 
Sec. 518. Study of testing procedures. 
Sec. 519. Study of pretreatment of toxic pollutants. 
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Sec. 520. Studies of water pollution problems in aquifers. 
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Sec. 521. Great Lakes consumptive use study. 
Sec. 522. Sulfide corrosion study. 
Sec. 523. Study of rainfall induced infiltration into sewer systems. 
Sec. 524. Dam water quality study. 
Sec. 525. Study of pollution in Lake Pend Oreille, Idaho. 
(c) AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.— 
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Federal Water 
Pollution Control Act. 
(d) DEFINITION.—For purposes of this Act, the term "Adminis-
trator" means the Administrator of the Environmental Protection 
Agency. 
SEC. 2. LIMITATION ON PAYMENTS. 
No payments may be made under this Act except to the extent 
provided in advance in appropriation Acts. 
TITLE I—AMENDMENTS TO TITLE I 
SEC. lOL AUTHORIZATIONS OF APPROPRIATIONS. 
33 use 1254. 
(a) RESEARCH AND INVESTIGATIONS.—Section 104(u) is amended— 
(1) in clause (1) by striking out "and" after "1975,", after 
"1980,", and after "1981,", and by inserting after "1982," the 
following: "such sums as may be necessary for fiscal years 1983 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 9 
through 1985, and not to exceed $22,770,000 per fiscal year for 
each of the fiscal years 1986 through 1990,"; 
(2) in clause (2) by striking out "and" after "1981," and by 
inserting after "1982," the following: "such sums as may be 
necessary for fiscal years 1983 through 1985, and $3,000,000 per 
fiscal year for each of the fiscal years 1986 through 1990,"; and 
(3) in clause (3) by striking out "and" after "1981," and by 
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inserting after "1982," the following: "such sums as may be 
necessary for fiscal years 1983 through 1985, and $1,500,000 per 
fiscal year for each of the fiscal years 1986 through 1990,". 
0)) GRANTS FOR PROGRAM ADMINISTRATION.—Section 106(a)(2) is 
33 use 1256. 
amended by inserting after "1982" the following: ", such sums as 
may be necessary for fiscal years 1983 through 1985, and $75,000,000 
per fiscal year for each of the fiscal years 1986 through 1990". 
(c) TRAINING 
GRANTS AND SCHOLARSHIPS.—Section 112(c) is 33 use 1262. 
amended by striking out "and" after "1981," and by inserting after 
"1982," the following: "such sums as may be necessary for fiscal 
years 1983 through 1985, and $7,000,000 per fiscal year for each of 
the fiscal years 1986 through 1990,". 
(d) AREA 
WIDE PLANNING.—Section 208(f)(3) is amended by striking 
33 use 1288. 
out "and" after "1974," and after "1980," and by inserting after 
"1982" the following: ", and such sums as may be necessary for fiscal 
years 1983 through 1990". 
(e) RURAL CLEAN WATER.—Section 2080")(9) is amended by striking 
out "and" after "1981," and by inserting after "1982," the following: 
"and such sums as may be necessary for fiscal years 1983 through 
1990,". 
(f) INTERAGENCY AGREEMENTS.—Section 304(k)(3) is amended by 
33 use 1314. 
inserting after "1983" the following: "and such sums as may be 
necessary for fiscal years 1984 through 1990". 
(g) CLEAN LAKES.—Section 314(c)(2) is amended by striking out 
33 use 1324. 
"and" after "1981," and by inserting after "1982" the following: 
", such sums as may be necessary for fiscal years 1983 through 
1985, and $30,000,000 per fiscal year for each of the fiscal years 1986 
through 1990". 
(h) GENERAL AUTHORIZATION.—Section 517 is amended by striking 
33 use 1376. 
out "and" after "1981," and by inserting after "1982" the following: 
", such sums as may be necessary for fiscal years 1983 through 1985, 
and $135,000,000 per fiscal year for each of the fiscal years 1986 
through 1990". 
SEC. 102. SMALL FLOWS CLEARINGHOUSE. 
Section 104(q) is amended by adding at the end thereof the 33 use 1254. 
following new paragraph: 
"(4) SMALL FLOWS CLEARINGHOUSE.—Notwithstanding section 
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205(d) of this Act, from amounts that are set aside for a fiscal 
33 USe 1285. 
year under section 205(i) of this Act and are not obligated by the 
end of the 24-month period of availability for such amounts 
under section 205(d), the Administrator shall make available 
$1,000,000 or such unobligated amount, whichever is less, to 
support a national clearinghouse within the Environmental 
Protection Agency to collect and disseminate information on 
small flows of sewage and innovative or alternative wastewater 
treatment processes and techniques, consistent with paragraph 
(3). This paragraph shall apply with respect to amounts set 
aside under section 205(i) for which the 24-month period of 
101 STAT. 10 
PUBLIC LAW 100-4—FEB. 4, 1987 
availability referred to in the preceding sentence ends on or 
after September 30,1986.". 
SEC. 103. CHESAPEAKE BAY. 
Title I is amended by adding at the end the following new section: 
33 use 1267. 
"SEC. 117. CHESAPEAKE BAY. 
"(a) OFFICE.—The Administrator shall continue the Chesapeake 
Bay Program and shall establish and maintain in the Environ-
mental Protection Agency an office, division, or branch of Chesa-
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peake Bay Programs to— 
"(1) collect and make available, through publications and 
other appropriate means, information pertaining to the environ-
mental quality of the Chesapeake Bay (hereinafter in this 
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subsection referred to as the 'Bay'); 
"(2) coordinate Federal and State efforts to improve the water 
quality of the Bay; 
"(3) determine the impact of sediment deposition in the Bay 
and identify the sources, rates, routes, and distribution patterns 
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^ ^^*^^ sediment deposition; and 
"(4) determine the impact of natural and man-induced 
environmental changes on the living resources of the Bay and 
the relationships among such changes, with particular emphasis 
placed on the impact of pollutant loadings of nutrients, chlo-
rine, acid precipitation, dissolved oxygen, and toxic pollutants, 
including organic chemicals and heavy metals, and with special 
attention given to the impact of such changes on striped bass. 
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"(b) INTERSTATE DEVELOPMENT PLAN GRANTS.— 
"(1) AUTHORITY.—The Administrator shall, at the request of 
the Governor of a State affected by the interstate management 
plan developed pursuant to the Chesapeake Bay Program 
(hereinafter in this section referred to as the 'plan'), make a 
grant for the purpose of implementing the management mecha-
nisms contained in the plan if such State has, within 1 year 
after the date of the enactment of this section, approved and 
committed to implement all or substantially all aspects of the 
plan. Such grants shall be made subject to such terms and 
conditions as the Administrator considers appropriate. 
"(2) SUBMISSION OF PROPOSAL.—A State or combination of 
States may elect to avail itself of the benefits of this subsection 
by submitting to the Administrator a comprehensive proposal to 
implement management mechanisms contained in the plan 
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which shall include (A) a description of proposed abatement 
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actions which the State or combination of States commits to 
take within a specified time period to reduce pollution in the 
Bay and to meet applicable water quality standards, and (B) the 
estimated cost of the abatement actions proposed to be taken 
during the next fiscal year. If the Administrator finds that such 
proposal is consistent with the national policies set forth in 
section 101(a) of this Act and will contribute to the achievement 
of the national goals set forth in such section, the Administrator 
shall approve such proposal and shall finance the costs of 
implementing segments of such proposal. 
"(3) FEDERAL SHARE.—Grants under this subsection shall not 
exceed 50 percent of the costs of implementing the management 
mechanisms contained in the plan in any fiscal year and shall 
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' be made on condition that non-Federal sources provide the 
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PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 11 
remainder of the cost of implementing the management mecha-
nisms contained in the plan during such fiscal year. 
"(4) ADMINISTRATIVE COSTS.—Administrative costs in the form 
of salaries, overhead, or indirect costs for services provided and 
charged against programs or projects supported by funds made 
available under this subsection shall not exceed in any one 
fiscal year 10 percent of the annual Federal grant made to a 
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State under this subsection. 
"(c) REPORTS.—Any State or combination of States that receives a 
state and local 
grant under subsection O
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) shall, within 18 months after the date of governments, 
receipt of such grant and biennially thereafter, report to the 
Administrator on the progress made in implementing the interstate 
management plan developed pursuant to the Chesapeake Bay Pro-
gram. The Administrator shall transmit each such report along with 
the comments of the Administrator on such report to Congress. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There are hereby au-
thorized to be appropriated the following sums, to remain available 
until expended, to carry out the purposes of this section: 
"(1) $3,000,000 per fiscal year for each of the fiscal years 1987, 
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1988,1989, and 1990, to carry out subsection (a); and 
"(2) $10,000,000 per fiscal year for each of the fiscal years 
1987, 1988, 1989, and 1990, for grants to States under subsection 
(b).". 
SEC.104. GREAT LAKES. 
Title I is amended by adding at the end the following new section: 
"SEC. 118. GREAT LAKES. 
33 USC1268. 
"(a) FINDINGS, PURPOSE, AND DEFINITIONS.— 
"(1) FINDINGS.—The Congress finds that— 
"(A) the Great Lakes are a valuable national resource, 
continuously serving the people of the United States and 
other nations as an important source of food, fresh water, 
recreation, beauty, and enjoyment; 
"(B) the United States should seek to attain the goals 
embodied in the Great Lakes Water Quality Agreement of 
1978 with particular emphasis on goals related to toxic 
pollutants; and 
"(C) the Environmental Protection Agency should take 
the lead in the effort to meet those goals, working with 
other Federal agencies and State and local authorities. 
"(2) PURPOSE.—It is the purpose of this section to achieve the 
goals embodied in the Great Lakes Water Quality Agreement of 
1978 through improved organization and definition of mission 
on the part of the Agency, funding of State grants for pollution 
control in the Great Lakes area, and improved accountability 
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for implementation of such agreement. 
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"(3) DEFINITIONS.—For purposes of this section, the term— 
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"(A) 'Agency' means the Environmental Protection 
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Agency; 
"(B) 'Great Lakes' means Lake Ontario, Lake Erie, Lake 
Huron (including Lake St. Clair), Lake Michigan, and Lake 
Superior, and the connecting channels (Saint Mary's River, 
Saint Clair River, Detroit River, Niagara River, and Saint 
Lawrence River to the Canadian Border); 
101 STAT. 12 
PUBLIC LAW 100-4—FEB. 4, 1987 
Establishment. 
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33 u s e 1251. 
••<'Vf 
mh 
Pollution. 
Michigan. 
Wisconsin. 
Indiana. 
Ohio. 
New York. 
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"(C) 'Great Lakes System' means all the streams, rivers, 
lakes, and other bodies of water within the drainage basin 
of the Great Lakes; 
"(D) 'Program Office' means the Great Lakes National 
Program Office established by this section; and 
"(E) 'Research Office' means the Great Lakes Research 
Office established by subsection (d). 
"(b) GREAT LAKES NATIONAL PROGRAM OFFICE.—The Great Lakes 
National Program Office (previously established by the Adminis-
trator) is hereby established within the Agency. The Program Office 
shall be headed by a Director who, by reason of management 
experience and technical expertise relating to the Great Lakes, is 
highly qualified to direct the development of programs and plans on 
a variety of Great Lakes issues. The Great Lakes National Program 
Office shall be located in a Great Lakes State. 
"(c) GREAT LAKES MANAGEMENT.— 
"(1) FUNCTIONS.—The Program Office shall— 
"(A) in cooperation with appropriate Federal, State, 
tribal, and international agencies, and in accordance with 
section 101(e) of this Act, develop and implement specific 
action plans to carry out the responsibilities of the United 
States under the Great Lakes Water Quality Agreement of 
1978; 
"(B) establish a Great Lakes system-wide surveillance 
network to monitor the water quality of the Great 
Lakes, with specific emphasis on the monitoring of toxic 
pollutants; 
"(C) serve as the liaison with, and provide information to, 
the Canadian members of the International Joint Commis-
sion and the Canadian counterpart to the Agency; 
"(D) coordinate actions of the Agency (including actions 
by headquarters and regional offices thereof) aimed at 
improving Great Lakes water quality; and 
"(E) coordinate actions of the Agency with the actions of 
other Federal agencies and State and local authorities, so as 
to ensure the input of those agencies and authorities in 
developing water quality strategies and obtain the support 
of those agencies and authorities in achieving the objectives 
of such agreement. 
"(2) 5-YEAR PLAN AND PROGRAM.—The Program Office shall 
develop, in consultation with the States, a five-year plan and 
program for reducing the amount of nutrients introduced into 
the Great Lakes. Such program shall incorporate any manage-
ment program for reducing nutrient runoff from nonpoint 
sources established under section 319 of this Act and shall 
include a program for monitoring nutrient runoff into, and 
ambient levels in, the Great Lakes. 
"(3) 5-YEAR STUDY AND DEMONSTRATION PROJECTS.—The Pro-
gram Office shall carry out a five-year study and demonstration 
projects relating to the control and removal of toxic pollutants 
in the Great Lakes, with emphasis on the removal of toxic 
pollutants from bottom sediments. In selecting locations for 
conducting demonstration projects under this paragraph, prior-
ity consideration shall be given to projects at the following 
locations: Saginaw Bay, Michigan; Sheboygan Harbor, Wiscon-
sin; Grand Calumet River, Indiana; Ashtabula River, Ohio; and 
Buffalo River, New York. 
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PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 13 
"(4) ADMINISTRATOR'S RESPONSIBIUTY.—The Administrator 
shall ensure that the Program Office enters into agreements 
with the various organizational elements of the Agency in-
volved in Great Lakes activities and the appropriate State 
agencies specifically delineating— 
"(A) the duties and responsibilities of each such element 
in the Agency with respect to the Great Lakes; 
"(B) the time periods for carrying out such duties and 
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resjponsibilities; and 
(C) the resources to be committed to such duties and 
responsibilities. 
"(5) BUDGET ITEM,—The Administrator shall, in the Agency's 
annual budget submission to Congress, include a funding re-
quest for the Program Office as a separate budget line item. 
"(6) COMPREHENSIVE REPORT.—Within 90 days after the end of 
each fiscal year, the Administrator shall submit to Congress a 
comprehensive report which— 
"(A) describes the achievements in the preceding fiscal 
year in implementing the Great Lakes Water Quality 
Agreement of 1978 and shows by categories (including ju-
dicial enforcement, research, State cooperative efforts, and 
general administration) the amounts expended on Great 
Lakes water quality initiatives in such preceding fiscal 
year; 
"(B) describes the progress made in such preceding fiscal 
year in implementing the system of surveillance of the 
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water quality in the Great Lakes System, including the 
monitoring of groundwater and sediment, with particular 
reference to toxic pollutants; 
"(C) describes the long-term prospects for improving the 
condition of the Great Lakes; and 
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"(D) provides a comprehensive assessment of the planned 
efforts to be pursued in the succeeding fiscal year for 
implementing the Great Lakes Water Quality Agreement of 
1978, which assessment shall— 
"(i) show by categories (including judicial enforce-
ment, research. State cooperative efforts, and general 
administration) the amount anticipated to be expended 
on Great Lakes water quality initiatives in the fiscal 
year to which the assessment relates; and 
"(ii) include a report of current programs adminis-
tered by other Federal agencies which make available 
resources to the Great Lakes water quality manage-
ment efforts. 
"(d) GREAT LAKES RESEARCH.— 
"(1) ESTABLISHMENT OF RESEARCH OFFICE,—There is estab-
lished within the National Oceanic and Atmospheric Adminis-
tration the Great Lakes Research Office. 
"(2) IDENTIFICATION OF ISSUES,—The Research Office shall 
identify issues relating to the Great Lakes resources on which 
research is needed. The Research Office shall submit a report to 
Congress on such issues before the end of each fiscal year which 
shall identify any changes in the Great Lakes system with 
respect to such issues. 
'(3) INVENTORY.—The Research Office shall identify and 
inventory Federal, State, university, and tribal environmental 
research programs (and, to the extent feasible, those of private 
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Research and 
development. 
State and local 
governments. 
Research and 
development. 
State and local 
govenments. 
Reports. 
State and local 
governments. 
Schools and 
colleges. 
101 STAT. 14 
PUBLIC LAW 100-4—FEB. 4, 1987 
Fish and fishing. 
Reports. 
organizations and other nations) relating to the Great Lakes 
system, and shall update that inventory every four years. 
"(4) RESEARCH EXCHANGE.—The Research Office shall estab-
lish a Great Lakes research exchange for the purpose of 
facilitating the rapid identification, 
acquisition, retrieval, 
dissemination, and use of information concerning research 
projects which are ongoing or completed and which affect the 
Great Lakes System. 
"(5) RESEARCH PROGRAM.—The Research Office shall develop, 
in cooperation with the Coordination Office, a comprehensive 
environmental research program and data base for the Great 
Lakes system. The data base shall include, but not be limited to, 
data relating to water quality, fisheries, and biota. 
"(6) 
MONITORING.—The 
Research 
Office 
shall 
conduct, 
through the Great Lakes Environmental Research Laboratory, 
the National Sea Grant College program, other Federal labora-
tories, and the private sector, appropriate research and monitor-
ing activities which address priority issues and current needs 
relating to the Great Lakes. 
"(7) LOCATION.—The Research Office shall be located in a 
Great Lakes State, 
(e) RESEARCH AND MANAGEMENT COORDINATION.— 
"(1) JOINT PLAN.—Before October 1 of each year, the Program 
Office and the Research Office shall prepare a joint research 
plan for the fiscal year which begins in the following calendar 
year. 
"(2) CONTENTS OF PLAN.—Each plan prepared under para-
graph (1) shall— 
"(A) identify all proposed research dedicated to activities 
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conducted under the Great Lakes Water Quality Agree-
ment of 1978; 
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"(B) include the Agency's assessment of priorities for 
research needed to fulfill the terms of such Agreement; and 
"(C) identify all proposed research that may be used to 
develop a comprehensive environmental data base for the 
.art«i 
Great Lakes System and establish priorities for develop-
ment of such data base. 
"(f) INTERAGENCY COOPERATION.—The head of each department, 
agency, or other instrumentality of the Federal Government which 
is engaged in, is concerned with, or has authority over programs 
relating to research, monitoring, and planning to maintain, en-
hance, preserve, or rehabilitate the environmental quality and natu-
ral resources of the Great Lakes, including the Chief of Engineers of 
the Army, the Chief of the Soil Conservation Service, the Com-
mandant of the Coast Guard, the Director of the Fish and Wildlife 
Service, and the Administrator of the National Oceanic and At-
mospheric Administration, shall submit an annual report to the 
Administrator with respect to the activities of that agency or office 
affecting compliance with the Great Lakes Water Quality Agree-
ment of 1978. 
"(g) RELATIONSHIP TO EXISTING FEDERAL AND STATE LAWS AND 
INTERNATIONAL TREATIES.—Nothing in this section shall be con-
strued to affect the jurisdiction, powers, or prerogatives of any 
department, agency, or officer of the Federal Government or of any 
State government, or of any tribe, nor any powers, jurisdiction, or 
prerogatives of any international body created by treaty with 
authority relating to the Great Lakes. 
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PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 15 
"(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS,—There 
are authorized to be appropriated to the Administrator to carry out 
this section not to exceed $11,000,000 per fiscal year for the fiscal 
years 1987, 1988, 1989, 1990, and 1991. Of the amounts appropriated 
each fiscal year— 
"(1) 40 percent shall be used by the Great Lakes National 
Program Office on demonstration projects on the feasibility of 
controlling and removing toxic pollutants; 
"(2) 7 percent shall be used by the Great Lakes National 
Program Office for the program of nutrient monitoring; and 
"(3) 30 percent shall be transferred to the National Oceanic 
and Atmospheric Administration for use by the Great Lakes 
Research Office.". 
SEC. 
1
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5
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RESEARCH 
ON 
EFFECTS 
OF 
POLLUTANTS. 
In carrying out the provisions of section 104(a) of the Federal 
Water Pollution Control Act, the Administrator shall conduct re-
search on the harmful effects on the health and welfare of persons 
caused by pollutants in water, in conjunction with the United States 
Fish and Wildlife Service, the National Oceanic and Atmospheric 
Administration, and other Federal, State, and interstate agencies 
carrying on such research. Such research shall include, and shall 
place special emphasis on, the effect that bioaccumulation of these 
pollutants in aquatic species has upon reducing the value of aquatic 
commercial and sport industries. Such research shall further study 
methods to reduce and remove these pollutants from the relevant 
affected aquatic species so as to restore and enhance these valuable 
resources. 
33 use 1254a. 
33 use 1254. 
TITLE II—CONSTRUCTION GRANTS 
AMENDMENTS 
SEC. 201. TIME LIMIT ON RESOLVING CERTAIN DISPUTES. 
Section 201 is amended by adding at the end thereof the following 
33 use 1281. 
new subsection: 
"(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.—In any case in 
Contracts, 
which a dispute arises with respect to the awarding of a contract for 
construction of treatment works by a grantee of funds under this 
title and a party to such dispute files an appeal with the Adminis-
trator under this title for resolution of such dispute, the Adminis-
trator shall make a final decision on such appeal within 90 days of 
the filing of such appeal.". 
SEC. 202. FEDERAL SHARE. 
(a) LIMITATION ON EUGIBIUTY AFTER 1990.—The last sentence of 
section 202(a)(1) is amended by inserting before the period at the end 
33 use 1282. 
the following: "for any grant made pursuant to a State obligation 
which obligation occurred before October 1,1990". 
(b) PROJECTS UNDER JUDICIAL INJUNCTION.—Section 202(a)(1) is 
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amended by adding at the end thereof the following: "Notwithstand-
ing the first sentence of this paragraph, in the case of a project for 
which an application for a grant under this title has been made to 
the Administrator before October 1,1984, and which project is under 
judicial injunction on such date prohibiting its construction, such 
101 STAT. 16 
PUBLIC LAW 100-4—FEB. 4, 1987 
project shall be eligible for grants at 75 percent of the cost of 
construction thereof.". 
Pennsylvania. 
(c) PROJECTS U N D E R JUDICIAL ORDER AND OTHER PROJECTS.—SeC-
33 use 1282. 
tion 202(aXl) is amended by adding at the end thereof the following: 
"Notwithstanding the first sentence of this paragraph, in the case of 
the Wyoming Valley Sanitary Authority project mandated by ju-
dicial order under a proceeding begun prior to October 1,1984, and a 
project for w£istewater treatment for Altoona, Pennsylvania, such 
projects shall be eligible for grants at 75 percent of the cost of 
construction thereof.'. 
(d) BioDisc EQUIPMENT.—Section 202(aK3) is amended by adding at 
the end thereof the following: "In addition, the Administrator is 
authorized to make a grant to fund all of the costs of the modifica-
tion or replacement of biodisc equipment (rotating biological 
X-1 
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contactors) in any publicly owned treatment works if the Adminis-
trator finds that such equipment has failed to meet design perform-
,..,. , 
ance specifications, unless such failure is attributable to negligence 
on the part of any person, and if such failure h£is significantly 
increased capital or operating and maintenance expenditures.". 
Minnesota. 
(e) INNOVATIVE PROCESS.—The activated bio-filter feature of the 
project for treatment works of the city of Little Falls, Minnesota, 
shall be deemed to be an innovative wastewater process and tech-
nique for purposes of section 202(a)(2) of the Federal Water Pollution 
Control Act and the amount of any grant under such Act for such 
feature shall be 85 percent of the cost thereof. 
33 use 1281b. 
(0 AVAILABILITY OF CERTAIN FUNDS FOR NON-FEDERAL SHARE.— 
State and local 
Notwithstanding any other provision of law. Federal assistance 
governments. 
made available by the Farmers Home Administration to any politi-
cal subdivision of a State may be used to provide the non-Federal 
share of the cost of any construction project carried out under 
33 use 1281. 
section 201 of the Federal Water Pollution Control Act. 
Contracts. 
SEC. 203. AGREEMENT ON ELIGIBLE COSTS. 
33 use 1283. 
Section 203(a) is amended by inserting "(1)" after "(a)", by des-
ignating the l£ist sentence as paragraph (3) and indenting such 
sentence as a paragraph, and by inserting before pareigraph (3) as so 
Hii jsaii 
designated the following: 
"(2) AGREEMENT ON EUGIBLE COSTS.— 
i ; tb 
"(A) LIMITATION ON MODIFICATIONS.—Before taking final 
action on any plans, specifications, and estimates submitted 
under this subsection after the 60th day following the date 
of the enactment of the Water Quality Act of 1987, the 
Administrator shall enter into a written agreement with 
the applicant which establishes and specifies which items of 
the proposed project are eligible for Federal payments 
under this section. The Administrator may not later modify 
such eligibility determinations unless they are found to 
* 
have been made in violation of applicable Federal statutes 
;. ' >
- I yx 
and regulations. 
"(B) LIMITATION ON EFFECT.—Eligibility determinations 
under this paragraph shall not preclude the Administrator 
33 use 1361. 
r f ', 
from auditing a project pursuant to section 501 of this Act, 
or other authority, or from withholding or recovering Fed-
eral funds for costs which are found to be unreasonable, 
unsupported by adequate documentation, or otherwise un-
'»eJ 
allowable under applicable Federal cost principles, or which 
are incurred on a project which fails to meet the design 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 17 
specifications or effluent limitations contained in the grant 
agreement and permit pursuant to section 402 of this Act 
for such project.", 
SEC. 204. DESIGN/BUILD PROJECTS. 
Section 203 is amended by adding at the end the following new 
subsection: 
"(f) DESIGN/BUILD PROJECTS.— 
"(1) AGREEMENT.—Consistent with State law, an applicant 
who proposes to construct waste water treatment works may 
enter into an agreement with the Administrator under this 
subsection providing for the preparation of construction plans 
and specifications and the erection of such treatment works, in 
lieu of proceeding under the other provisions of this section. 
"(2) LIMITATION ON PROJECTS.—Agreements under this subsec-
tion shall be limited to projects under an approved facility plan 
which projects are— 
i„ 
"(A) treatment works that have an estimated total cost of 
$8,000,000 or less; and 
"(B) any of the following types of waste water treatment 
systems: aerated lagoons, trickling filters, stabilization 
ponds, land application systems, sand filters, and sub-
surface disposal systems. 
"(3) REQUIRED TERMS.—An agreement entered into under this 
subsection shall— 
"(A) set forth an amount agreed to as the maximum 
Federal contribution to the project, based upon a competi-
• .1 
tively bid document of basic design data and applicable 
standard construction specifications and a determination of 
. , 
the federally eligible costs of the project at the applicable 
^ ' 
Federal share under section 202 of this Act; 
"(B) set forth dates for the start and completion of 
construction of the treatment works by the applicant and a 
schedule of payments of the Federal contribution to the 
project; 
"(C) contain assurances by the applicant that (i) engineer-
ing and management assistance will be provided to manage 
the project; (ii) the proposed treatment works will be an 
'• ' 
operable unit and will meet all the requirements of this 
title; and (iii) not later than 1 year after the date specified 
as the date of completion of construction of the treatment 
works, the treatment works will be operating so as to meet 
>
" 
the requirements of any applicable permit for such treat-
t- 
ment works under section 402 of this Act; 
"(D) require the applicant to obtain a bond from the 
contractor in an amount determined necessary by the 
ii 
Administrator to protect the Federal interest in the project; 
and 
"(E) contain such other terms and conditions as are 
necessary to assure compliance with this title (except as 
provided in paragraph (4) of this subsection). 
i 
"(4) LIMITATION ON APPLICATION.—Subsections (a), (b), and (c) 
of this section shall not apply to grants made pursuant to this 
. 
subsection. 
"(5) RESERVATION TO ASSURE COMPLIANCE.—The Administrator 
shall reserve a portion of the grant to assure contract compli-
ance until final project approval as defined by the Adminis-
33 u s e 1342. 
33 use 1283. 
State and local 
governments. 
Contracts. 
Waste 
treatment. 
33 use 1282. 
33 use 1342. 
Grants. 
101 STAT. 18 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 use 1285. 
33 use 1281. 
Grants. 
Grants. 
33 use 1284. 
33 use 1288. 
state and local 
governments. 
33 use 1313. 
33 use 1315. 
33 use 1284 
note. 
trator. If the amount agreed to under paragraph (3)(A) exceeds 
the cost of designing and constructing the treatment works, the 
Administrator shall reallot the amount of the excess to the 
State in which such treatment works are located for the fiscal 
year in which such audit is completed. 
"(6) LIMITATION ON OBLIGATIONS.—The Administrator shall 
not obligate more than 20 percent of the amount allotted to a 
State for a fiscal year under section 205 of this Act for grants 
pursuant to this subsection. 
"(T) ALLOWANCE.—The Administrator shall determine an 
allowance for facilities planning for projects constructed under 
this subsection in accordance with section 201(1). 
"(8) LIMITATION ON FEDERAL CONTRIBUTIONS.—In no event 
shall the Federal contribution for the cost of preparing 
construction plans and specifications and the building and erec-
tion of treatment works pursuant to this subsection exceed the 
amount agreed upon under paragraph (3). 
"(9) RECOVERY ACTION.—In any case in which the recipient of 
a grant made pursuant to this subsection does not comply with 
the terms of the agreement entered into under paragraph (3), 
the Administrator is authorized to take such action as may be 
necessary to recover the amount of the Federal contribution to 
the project. 
"(10) PREVENTION OF DOUBLE BENEFITS.—A recipient of a grant 
made pursuant to this subsection shall not be eligible for any 
other grants under this title for the same project.". 
SEC. 205. GRANT CONDITIONS; USER CHARGES ON LOW-INCOME RESIDEN-
TIAL USERS. 
(a) INCLUSION OF PROJECT IN AREA 
WIDE PLAN.—Section 204(a)(1) is 
amended to read as follows: 
"(1) that any required areawide waste treatment management 
plan under section 208 of this Act (A) is being implemented for 
such area and the proposed treatment works are included in 
such plan, or (B) is being developed for such area and reasonable 
progress is being made toward its implementation and the 
proposed treatment works will be included in such plan;". 
03) CONTINUING PLANNING PROCESS.—Section 204(a)(2) is amended 
to read as follows: 
"(2) that (A) the State in which the project is to be located (i) 
is implementing any required plan under section 303(e) of this 
Act and the proposed treatment works are in conformity with 
such plan, or (ii) is developing such a plan and the proposed 
treatment works will be in conformity with such plan, and (B) 
such State is in compliance with section 3050t)) of this Act;". 
(c) USER CHARGES ON LOW-INCOME RESIDENTIAL USERS.—Section 
204(b)(1) is amended by adding at the end thereof the following: "A 
system of user charges which imposes a lower charge for low-income 
residential users (as defined by the Administrator) shall be deemed 
to be a user charge system meeting the requirements of clause (A) of 
this paragraph if the Administrator determines that such system 
was adopted after public notice and hearing.". 
(d) EFFECTIVE DATE.—This section shall take effect on the date of 
the enactment of this Act, except that the amendments made by 
subsections (a) and (b) shall take effect on the last day of the two-
year period beginning on such date of enactment. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 19 
SEC. 206. ALLOTMENT FORMULA. 
(a) FORMULA.— 
(1) EXTENSION 
OF EXISTING 
FORMULA 
FOR 1986.—Section 
205(c)(2) is amended by striking out "and September 30, 1985," 
and inserting in lieu thereof "September 30, 1985, and Septem-
ber 30,1986,". 
(2) FISCAL YEARS 1987-1990.—Section 205(c) is amended by 
adding at the end the following new paragraph: 
"(3) FISCAL YEARS 1987-1990.—Sums authorized to be appro-
priated pursuant to section 207 for the fiscal years 1987, 1988, 
1989, and 1990 shall be allotted for each such year by the 
Administrator not later than the 10th day which begins after 
the date of the enactment of this paragraph. Sums authorized 
for such fiscal years shall be allotted in accordance with the 
following table: 
"States: 
Alabama 
.011309 
Alaska 
.006053 
Arizona 
.006831 
Arkansas 
.006616 
California 
.072333 
Colorado 
.008090 
Connecticut 
.012390 
Delaware 
.004965 
District of Columbia 
.004965 
Florida 
.034139 
Georgia 
.017100 
Hawaii 
.007833 
Idaho 
.004965 
Illinois 
.045741 
Indiana 
.024374 
Iowa 
.013688 
Kansas 
.009129 
Kentucky 
.012872 
Louisiana 
.011118 
Maine 
.007829 
Maryland 
.024461 
Massachusetts 
.034338 
' 
Michigan 
.043487 
Minnesota 
.018589 
Mississippi 
.009112 
Missouri 
.028037 
Montana 
.004965 
Nebraska 
.005173 
Nevada 
.004965 
New Hampshire 
.010107 
New Jersey 
.041329 
New Mexico 
.004965 
New York 
.111632 
North Carolina 
.018253 
North Dakota 
.004965 
Ohio 
.056936 
Oklahoma 
.008171 
Oregon 
.011425 
Pennsylvania 
.040062 
Rhode Island 
.006791 
South Carolina 
.010361 
South Dakota 
.004965 
Tennessee 
.014692 
Texas 
.046226 
Utah 
.005329 
Vermont 
.004965 
Virginia 
.020698 
Washington 
.017588 
West Virginia 
.015766 
33 u s e 1285. 
33 u s e 1287. 
(i^:, 
101 STAT. 20 
PUBLIC LAW 100-4—FEB. 4, 1987 
Wisconsin 
.027342 
Wyoming 
.004965 
American Samoa 
.000908 
Guam 
.000657 
Northern Marianas 
.000422 
Puerto Rico 
.013191 
Pacific Trust Territories 
.001295 
Virgin Islands 
.000527". 
33 use 1285. 
(b) EXTENSION OF MINIMUM ALLOTMENTS.—Section 205(e) is 
amended by striking out "and 1985" each place it appears and 
inserting in lieu thereof "1985, 1986, 1987, 1988, 1989, and 1990". 
"^-' '• 
(c) COSTS OF ADMINISTRATION.—Section 205(g)(1) is amended by 
striking out "October 1, 1985" and inserting in lieu thereof 
"October 1,1994". 
33 use 1291. 
(d) CONTROL OP POLLUTANTS FROM STORM SEWERS.—Section 211(c) 
is amended by striking out "1985," and inserting in lieu thereof 
"1990,". 
SEC. 207. RURAL SET ASIDE. 
, ,
v
> 
(a) INCREASE IN MANDATORY SET ASIDE FOR RURAL STATES.—The 
first sentence of section 205(h) is amended by striking out "four per 
centum" and inserting in lieu thereof "a total (as determined by the 
Governor of the State) of not less than 4 percent nor more than IVz 
percent". 
(b) INCREASE IN AUTHORIZED SET ASIDE FOR OTHER STATES.—The 
second sentence of section 205(h) is amended by striking out "four 
per centum" and inserting in lieu thereof "IV2 percent". 
SEC. 208. INNOVATIVE AND ALTERNATIVE PROJECTS. 
Section 205(i) is amended to read as follows: 
"(i) SET-ASIDE FOR INNOVATIVE AND ALTERNATIVE PROJECTS.—Not 
less than V2 of 1 percent of funds allotted to a State for each of the 
fiscal years ending September 30,1979, through September 30,1990, 
under subsection (c) of this section shall be expended only for 
increasing the Federal share of grants for construction of treatment 
works utilizing innovative processes and techniques pursuant to 
section 202(a)(2) of this Act. Including the expenditures authorized 
by the preceding sentence, a total of 2 percent of the funds allotted 
to a State for each of the fiscal years ending September 30,1979, and 
September 30,1980, and 3 percent of the funds allotted to a State for 
the fiscal year ending September 30, 1981, under subsection (c) of 
this section shall be expended only for increasing grants for 
construction of treatment works pursuant to section 202(a)(2) of this 
Act. Including the expenditures authorized by the first sentence of 
this subsection, a total (as determined by the Governor of the State) 
of not less than 4 percent nor more than 7 ¥2 percent of the funds 
allotted to such State under subsection (c) of this section for each of 
the fiscal years ending September 30, 1982, through September 30, 
1990, shall be expended only for increasing the Federal share of 
grants for construction of treatment works pursuant to section 
202(aX2)ofthisAct.". 
SEC. 209. REGIONAL ORGANIZATION FUNDING. 
State and local 
Section 205(j)(3) is amended by adding at the end thereof the 
governments. 
following: "In giving such priority, the State shall allocate at least 
40 percent of the amount granted to such State for a fiscal year 
under paragraph (2) of this subsection to regional public comprehen-
sive planning organizations in such State and appropriate interstate 
organizations for the development and implementation of the plan 
State and local 
governments. 
33 u s e 1282. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 21 
described in this paragraph. In any fiscal year for which the Gov-
ernor, in consultation with such organizations and with the ap-
proval of the Administrator, determines that allocation of at least 40 
percent of such amount to such organizations will not result in 
significant participation by such organizations in water quality 
*
< i '&-'''-
management planning and not significantly assist in development 
and implementation of the plan described in this paragraph and 
achieving the goals of this Act, the allocation to such organization 
may be less than 40 percent of such amount.". 
SEC. 210. MARINE CSO'S AND ESTUARIES. 
Section 205 is amended by adding at the end thereof the following 33 USC 1285. 
new subsection: 
"(1) MARINE ESTUARY RESERVATION.— 
-.. ,, 
, 
"(1) RESERVATION OF FUNDS.— 
"(A) GENERAL RULE.—Prior to making allotments among 
the States under subsection (c) of this section, the Adminis-
trator shall reserve funds from sums appropriated pursuant 
to section 207 for each fiscal year beginning after Septem- 33 USC 1287. 
ber 30,1986. 
"(B) FISCAL YEARS 1987 AND 1988.—For each of fiscal years 
1987 and 1988 the reservation shall be 1 percent of the sums 
appropriated pursuant to section 207 for such fiscal year. 
"(C) FISCAL YEARS 1989 AND 1990.—For each of fiscal years 
f>9|4 
1989 and 1990 the reservation shall be IV2 percent of the 
funds appropriated pursuant to section 207 for such fiscal 
year. 
"(2) USE OF FUNDS.—Of the sums reserved under this subsec- Urban areas, 
tion, two-thirds shall be available to address water quality 
problems of marine bays and estuaries subject to lower levels of 
" 
water quality due to the impacts of discharges from combined 
storm water and sanitary sewer overflows from adjacent urban 
'^.s ^ i >' 
complexes, and one-third shall be available for the implementa-
tion of section 320 of this Act, relating to the national estuary 
program. 
"(3) PERIOD OF AVAILABIUTY.—Sums reserved under this 
subsection shall be subject to the period of availability for 
obligation established by subsection (d) of this section. 
"(4) TREATMENT OF CERTAIN BODY OF WATER.—For purposes of New Jersey, 
this section and section 201(n), Newark Bay, New Jersey, and 
33 USC 1281. 
the portion of the Passaic River up to Little Falls, in the vicinity 
of Beatties Dam, shall be treated as a marine bay and estuary.". 
SEC. 211. AUTHORIZATIONS FOR CONSTRUCTION GRANTS. 
Section 207 is amended by striking out the period at the end 33 USC 1287. 
thereof and inserting in lieu thereof the following: "; and for each of 
the fiscal years ending September 30, 1986, September 30, 1987, and 
September 30, 1988, not to exceed $2,400,000,000; and for each of the 
fiscal years ending September 30, 1989, and September 30,1990, not 
to exceed $1,200,000,000.". 
SEC. 212. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. 
(a) EsTABUSHMENT OF PROGRAM.—The Act is amended by adding 
at the end thereof the following new title: 
101 STAT. 22 
PUBLIC LAW 100-4—FEB. 4, 1987 
"TITLE VI—STATE WATER POLLUTION 
CONTROL REVOLVING FUNDS 
33 use 1381. 
"SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING 
FUNDS. 
"(a) GENERAL AUTHORITY.—Subject to the provisions of this title, 
the Administrator shall make capitalization grants to each State for 
the purpose of establishing a water pollution control revolving fund 
for providing assistance (1) for construction of treatment works (as 
33 use 1292. 
defined in section 212 of this Act) which are publicly owned, (2) for 
Post, p. 52. 
implementing a management program under section 319, and (3) for 
developing and implementing a conservation and management plan 
Post, p. 61. 
under section 320. 
"(b) SCHEDULE OF GRANT PAYMENTS.—The Administrator and each 
State shall jointly establish a schedule of payments under which the 
Administrator will pay to the State the amount of each grant to be 
made to the State under this title. Such schedule shall be based on 
Post, p. 25. 
the State's intended use plan under section 606(c) of this Act, except 
that— 
"(1) such payments shall be made in quarterly installments, 
and 
"(2) such payments shall be made as expeditiously as possible, 
but in no event later than the earlier of— 
"(A) 8 quarters after the date such funds were obligated 
by the State, or 
"(B) 12 quarters after the date such funds were allotted to 
the State. 
33 use 1382. 
"SEC. 602. CAPITALIZATION GRANT AGREEMENTS. 
"(a) GENERAL RULE.—To receive a capitalization grant with funds 
Post, p. 27. 
made available under this title and section 205(m) of this Act, a 
State shall enter into an agreement with the Administrator which 
shall include but not be limited to the specifications set forth in 
subsection (b) of this section. 
"(b) SPECIFIC REQUIREMENTS.—The Administrator shall enter into 
an agreement under this section with a State only after the State 
has established to the satisfaction of the Administrator that— 
"(1) the State will accept grant payments with funds to be 
.' s \ 
f ; S 
made available under this title and section 205(m) of this Act in 
accordance with a payment schedule established jointly by the 
Administrator under section 601(b) of this Act and will deposit 
all such payments in the water pollution control revolving fund 
established by the State in accordance with this title; 
.3? r r
< a-: 
"(2) the State will deposit in the fund from State moneys an 
amount equal to at least 20 percent of the total amount of all 
capitalization grants which will be made to the State with funds 
to be made available under this title and section 205(m) of this 
Act on or before the date on which each quarterly grant pay-
ment will be made to the State under this title; 
"(3) the State will enter into binding commitments to provide 
assistance in accordance with the requirements of this title in 
an amount equal to 120 percent of the amount of each such 
grant payment within 1 year after the receipt of such grant 
payment; 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 23 
33 
use 1281, 
1284, 
1291, 
1298, 
1371, 
1372. 
33 
use 1281. 
Post, 
p. 
25. 
»j£ 
"(4) all funds in the fund will be expended in an expeditious 
and timely manner; 
"(5) all funds in the fund as a result of capitalization grants 
under this title and section 205(m) of this Act will first be used 
Post, p. 27. 
< 
to assure maintenance of progress, as determined by the 
^ 
Governor of the State, toward compliance with enforceable 
deadlines, goals, and requirements of this Act, including the 
municipal compliance deadline; 
- 
"(6) treatment works eligible under section 603(c)(1) of this 
* 
Act which will be constructed in whole or in part before fiscal 
year 1995 with funds directly made available by capitalization 
^ 
grants under this title and section 205(m) of this Act will meet 
the requirements of, or otherwise be treated (as determined by 
the Governor of the State) under sections 201(b), 201(g)(1), 
201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(l), 201(o), 204(a)(1), 
g 
204(a)(2), 204(b)(1), 204(d)(2), 211, 218, 511(c)(1), and 513 of this 
^ 
Act in the same manner as treatment works constructed with 
assistance under title II of this Act; 
"(7) in addition to complying with the requirements of this 
5 
title, the State will commit or expend each quarterly grant 
" 
payment which it will receive under this title in accordance 
with laws and procedures applicable to the commitment or 
' 
expenditure of revenues of the State; 
; 
"(8) in carrying out the requirements of section 606 of this 
? 
Act, the State will use accounting, audit, and fiscal proce-
dures conforming to generally accepted government accounting 
'^ 
standards; 
"(9) the State will require as a condition of making a loan or Loans, 
providing other assistance, as described in section 603(d) of this 
t 
Act, from the fund that the recipient of such assistance will 
maintain 
project accounts in accordance with 
generally 
i^ 
accepted government accounting standards; and 
"(10) the State will make annual reports to the Administrator 
Reports, 
on the actual use of funds in accordance with section 606(d) of 
• • 
this Act. 
Post, p. 26. 
"SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. 
33 USC 1383. 
"(a) REQUIREMENTS FOR OBUGATION OF GRANT FUNDS.—Before a 
State may receive a capitalization grant with funds made available 
» • "''-•"'' 
under this title and section 205(m) of this Act, the State shall first 
establish a water pollution control revolving fund which complies 
with the requirements of this section. 
"(b) ADMINISTRATION,—Each State water pollution control revolv-
ing fund shall be administered by an instrumentality of the State 
with such powers and limitations as may be required to operate such 
fund in accordance with the requirements and objectives of this Act. 
"(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—The amounts of funds 
available to each State water pollution control revolving fund shall 
be used only for providing financial assistance (1) to any municipal-
ity, intermunicipal, interstate, or State agency for construction of 
publicly owned treatment works (as defined in section 212 of this 
Act), (2) for the implementation of a management program estab- 
33 USe 1292. 
lished under section 319 of this Act, and (3) for development and Post, p. 52. 
implementation of a conservation and management plan under 
section 320 of this Act. The fund shall be established, maintained. 
Post, p. 61. 
and credited with repayments, and the fund balance shall be avail-
able in perpetuity for providing such financial assistance. 
101 STAT. 24 
PUBLIC LAW 100-4—FEB. 4, 1987 
f-y. 
.%-§ 
Insurance. 
Securities. 
33 use 1281. 
33 
use 1285, 
1288, 
1313; post, 
pp. 
52, 
61. 
33 u s e 1296. 
rn 
"(d) TYPES OF ASSISTANCE.—Except as otherwise limited by State 
law, a water pollution control revolving fund of a State under this 
section may be used only— 
"(1) to make loans, on the condition that— 
• - -
-srix 
"(A) such loans are made at or below market 
interest 
^>_i^;; 
rates, including interest free loans, at terms not to exceed 
41'.. . 
20 years; 
' (B) annual principal and interest payments will com-
j.i.f 
mence not later than 1 year after completion of any project 
and all loans will be fully amortized not later than 20 years 
after project completion; 
: 
"(C) the recipient of a loan will establish a dedicated 
i 
source of revenue for repayment of loans; and 
"(D) the fund will be credited with all payments of prin-
cipal and interest on all loans; 
"(2) to buy or refinance the debt obligation of municipalities 
and intermunicipal and interstate agencies within the State at 
or below market rates, where such debt obligations were in-
curred after March 7,1985; 
"(3) to guarantee, or purchase insurance for, local obligations 
where such action would improve credit market access or 
,^ . reduce interest rates; 
"(4) as a source of revenue or security for the payment of 
principal and interest on revenue or general obligation bonds 
issued by the State if the proceeds of the sale of such bonds will 
be deposited in the fund; 
"(5) to provide loan guarantees for similar revolving funds 
I; r established by municipalities or intermunicipal agencies; 
"(6) to earn interest on fund accounts; and 
"(7) for the reasonable costs of administering the fund and 
conducting activities under this title, except that such amounts 
shall not exceed 4 percent of all grant awards to such fund 
under this title. 
"(e) LIMITATION TO PREVENT DOUBLE BENEFITS.—If a State makes, 
from its water pollution revolving fund, a loan which will finance 
the cost of facility planning and the preparation of plans, specifica-
tions, and estimates for construction of publicly owned treatment 
works, the State shall ensure that if the recipient of such loan 
receives a grant under section 201(g) of this Act for construction of 
such treatment works and an allowance under section 201(1)(1) of 
this Act for non-Federal funds expended for such planning and 
preparation, such recipient will promptly repay such loan to the 
extent of such allowance. 
"(f) CONSISTENCY WITH PLANNING REQUIREMENTS.—A State may 
provide financial assistance from its water pollution control revolv-
ing fund only with respect to a project which is consistent with 
plans, if any, developed under sections 205(j), 208, 303(e), 319, and 
320 of this Act. 
"(g) PRIORITY LIST REQUIREMENT.—The State may provide finan-
cial assistance from its water pollution control revolving fund only 
with respect to a project for construction of a treatment works 
described in subsection (cXl) if such project is on the State's priority 
list under section 216 of this Act. Such assistance may be provided 
regardless of the rank of such project on such list. 
(h) EuGiBiuTY OF NON-FEDERAL SHARE OF CONSTRUCTION GRANT 
PROJECTS.—A State water pollution control revolving fund may 
provide assistance (other than under subsection (dXl) of this section) 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 25 
to a municipality or intermunicipal or interstate agency with re-
spect to the non-Federal share of the costs of a treatment works 
project for which such municipality or agency is receiving assistance 
from the Administrator under any other authority only if such 
assistance is necessary to allow such project to proceed. 
"SEC. 604. ALLOTMENT OF FUNDS. 
33 USC 1384. 
"(a) FORMULA.—Sums authorized to be appropriated to carry out 
this section for each of fiscal years 1989 and 1990 shall be allotted by 
the Administrator in accordance with section 205(c) of this Act. 
33 USC 1285. 
"Q)) RESERVATION OF FUNDS FOR PLANNING.—Each State shall 
reserve each fiscal year 1 percent of the sums allotted to such State 
j . ; , , :j^.,, j ^ 
under this section for such fiscal year, or $100,000, whichever 
amount is greater, to carry out planning under sections 205(j) and 
303(e) of this Act. 
33 use 1313. 
"(c) ALLOTMENT PERIOD.— 
"(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.—Sums allot-
ted to a State under this section for a fiscal year shall be 
available for obligation by the State during the fiscal year for 
which sums are authorized and during the following fiscal year. 
"(2) REALLOTMENT OF UNOBLIGATED FUNDS.—The amount of 
c.. j 
^ 
any allotment not obligated by the State by the last day of 
the 2-year period of availability established by paragraph (1) 
. 
shall be immediately reallotted by the Administrator on the 
basis of the same ratio as is applicable to sums allotted under 
title II of this Act for the second fiscal year of such 2-year 
33 USC 1281. 
period. None of the funds reallotted by the Administrator shall 
be reallotted to any State which has not obligated all sums 
. 
allotted to such State in the first fiscal year of such 2-year 
period. 
- 
,
* ^
^ 
"SEC. 605. CORRECTIVE ACTION. 
33 USC 1385. 
"(a) NOTIFICATION OF NONCOMPLIANCE.—If the Administrator 
,,=,,, 
determines that a State has not complied with its agreement with 
the Administrator under section 602 of this Act or any other 
Ante, p. 22. 
requirement of this title, the Administrator shall notify the State of 
such noncompliance and the necessary corrective action. 
"(b) WITHHOLDING OF PAYMENTS.—If a State does not take correc-
tive action within 60 days after the date a State receives notification 
of such action under subsection (a), the Administrator shall with-
hold additional payments to the State until the Administrator is 
satisfied that the State has taken the necessary corrective action, 
"(c) REALLOTMENT OF WITHHELD PAYMENTS.—If the Administrator 
is not satisfied that adequate corrective actions have been taken by 
the State within 12 months after the State is notified of such actions 
under subsection (a), the payments withheld from the State by the 
Administrator under subsection (b) shall be made available for 
reallotment in accordance with the most recent formula for allot-
ment of funds under this title. 
"SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE 33 USC 1386. 
PLAN. 
"(a) FISCAL CONTROL AND AUDITING PROCEDURES.—Each State 
electing to establish a water pollution control revolving fund under 
this title shall establish fiscal controls and accounting procedures 
i '- ' 
sufficient to assure proper accounting during appropriate account 
ing periods for— 
101 STAT. 26 
PUBLIC LAW 100-4—FEB. 4, 1987 
"(1) payments received by the fund; 
"(2) disbursements made by the fund; and 
"(3) fund balances at the beginning and end of the accounting 
period. 
"(b) ANNUAL FEDERAL AUDITS.—The Administrator shall, at least 
on an annual basis, conduct or require each State to have independ-
ently conducted reviews and audits as may be deemed necessary or 
appropriate by the Administrator to carry out the objectives of this 
section. Audits of the use of funds deposited in the water pollution 
' " ' * - ' 
revolving fund established by such State shall be conducted in 
accordance with the auditing procedures of the General Accounting 
31 use 7501 et 
Office, including chapter 75 of title 31, United States Code. 
««9- 
"(c) INTENDED USE PLAN.—After providing for public comment 
and review, each State shall annually prepare a plan identifying the 
' 
A 
intended uses of the amounts available to its water pollution control 
revolving fund. Such intended use plan shall include, but not be 
limited to— 
"(1) a list of those projects for construction of publicly owned 
treatment works on the State's priority list developed pursuant 
to section 216 of this Act and a list of activities eligible for 
assistance under sections 319 and 320 of this Act; 
"(2) a description of the short- and long-term goals and objec-
tives of its water pollution control revolving fund; 
"(3) information on the activities to be supported, including a 
description of project categories, discharge requirements under 
titles III and IV of this Act, terms of financial assistance, and 
communities served; 
"(4) assurances and specific proposals for meeting the require-
ments of paragraphs (3), (4), (5), and (6) of section 602(b) of this 
Act; and 
"(5) the criteria and method established for the distribution of 
funds. 
"(d) ANNUAL REPORT.—Beginning the first fiscal year after the 
receipt of payments under this title, the State shall provide an 
annual report to the Administrator describing how the State has 
met the goals and objectives for the previous fiscal year as identified 
in the plan prepared for the previous fiscal year pursuant to subsec-
tion (c), including identification of loan recipients, loan amounts, 
and loan terms and similar details on other forms of financial 
assistance provided from the water pollution control revolving fund. 
"(e) ANNUAL FEDERAL OVERSIGHT REVIEW.—The Administrator 
shall conduct an annual oversight review of each State plan pre-
pared under subsection (c), each State report prepared under subsec-
tion (d), and other such materials as are considered necessary and 
appropriate in carrying out the purposes of this title. After reason-
able notice by the Administrator to the State or the recipient of a 
loan from a water pollution control revolving fund, the State or loan 
recipient shall make available to the Administrator such records as 
the Administrator reasonably requires to review and determine 
compliance with this title. 
"(f) APPUCABIUTY OF TITLE II PROVISIONS.—Except to the extent 
33 use 1281. 
provided in this title, the provisions of title II shall not apply to 
grants under this title. 
33 use 1387. 
"SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 
"There is authorized to be appropriated to carry out the purposes 
of this title the following sums: 
33 use 1296. 
Post, pp. 52, 62. 
33 use 1311, 
1341. 
Ante, p. 22. 
Loans. 
Loans. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 27 
^ - 
"(1) $1,200,000,000 per fiscal year for each of fiscal years 1989 
«am.J 
and 1990; 
"(2) $2,400,000,000 for fiscal year 1991; 
"(3) $1,800,000,000 for fiscal year 1992; 
"(4) $1,200,000,000 for fiscal year 1993; and 
"(5) $600,000,000 for fiscal year 1994.". 
8 
(b) STATE-OPTION TO USE TITLE II FUNDS.—Section 205 is amended 
33 USC 1285. 
by adding at the end thereof the following new subsection: 
"(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTION CON-
TROL REVOLVING FUNDS.— 
"(1) FROM CONSTRUCTION GRANT ALLOTMENTS.—In addition to 
any amounts deposited in a water pollution control revolving 
;; 
fund established by a State under title VI, upon request of the 
Ante, p. 22. 
Governor of such State, the Administrator shall make available 
to the State for deposit, as capitalization grants, in such fund in 
any fiscal year beginning after September 30, 1986, such portion 
of the amounts allotted to such State under this section for such 
..•a , 
.:. 
fiscal year as the Governor considers appropriate; except that 
(A) in fiscal year 1987, such deposit may not exceed 50 percent 
of the amounts allotted to such State under this section for such 
fiscal year, and (B) in fiscal year 1988, such deposit may not 
exceed 75 percent of the amounts allotted to such State under 
this section for this fiscal year. 
"(2) NOTICE REQUIREMENT.—The Governor of a State may 
make a request under paragraph (1) for a deposit into the water 
pollution control revolving fund of such State— 
w. *. 
"(A) in fiscal year 1987 only if no later than 90 days after 
the date of the enactment of this subsection, and 
Si ? 
"(B) in each fiscal year thereafter only if 90 days before 
the first day of such fiscal year, 
the State provides notice of its intent to make such deposit. 
"(3) EXCEPTION.—Sums reserved under section 205(j) of this 
Act shall not be available for obligation under this subsection.". 
(c) REPORT TO CONGRESS.—Section 516 is amended by adding at the 
33 USC 1375. 
end thereof the following new subsection: 
"(g) STATE REVOLVING FUND REPORT.— 
"(1) IN GENERAL.—Not later than February 10, 1990, the 
Administrator shall submit to Congress a report on the finan-
cial status and operations of water pollution control revolving 
funds established by the States under title VI of this Act. The 
Administrator shall prepare such report in cooperation with the 
States, including water pollution control agencies and other 
water pollution control planning and financing agencies. 
"(2) CONTENTS.—The report under this subsection shall also 
include the following: 
' 
"(A) an inventory of the facilities that are in significant 
noncompliance with the enforceable requirements of this 
Act; 
"(B) an estimate of the cost of construction necessary 
' 
to bring such facilities into compliance with such require-
ments; 
"(C) an assessment of the availability of sources of funds 
for financing such needed construction, including an esti-
mate of the amount of funds available for providing assist-
'- 
ance for such construction through September 30, 1999, 
from the water pollution control revolving funds estab-
lished by the States under title VI of this Act; 
101 STAT. 28 
PUBLIC LAW 100-4—FEB. 4, 1987 
Loans. 
t?;-. .; 
"(D) an assessment of the operations, loan portfolio, and 
loan conditions of such revolving funds; 
"(E) an assessment of the effect on user charges of the 
assistance provided by such revolving funds compared to 
the assistance provided with funds appropriated pursuant 
33 use 1287. 
to section 207 of this Act; and 
kifc 
"(F) an assessment of the efficiency of the operation and 
maintenance of treatment works constructed with assist-
-Kz/j 
ance provided by such revolving funds compared to the 
efficiency of the operation and maintenance of treatment 
ot :' 
works constructed with assistance provided under section 
33 use 1281. 
201 of this Act.". 
SEC. 213. IMPROVEMENT PROJECTS. 
' 
' 
' 
(a) AvALON, CAUFORNIA.—The Administrator shall make a grant 
of $3,000,000 from funds allotted under section 205 of the Federal 
33 use 1285. 
Water Pollution Control Act to the State of California for fiscal year 
1987 to the city of Avalon, California, for improvements to the 
publicly owned treatment works of such city. 
(b) WALKER AND SMITHFIELD TOWNSHIPS, PENNSYLVANIA,—Out of 
funds available for grants in the State of Pennsylvania under the 
third sentence of section 201(g)(1) of the Federal Water Pollution 
Control Act in fiscal year 1987, the Administrator shall make 
grants— 
(1) to Walker Township, Pennsylvania, for developing a collec-
tor system and connecting its wastewater treatment system into 
the Huntingdon Borough, Pennsylvania, sewage treatment 
plant, and 
(2) to Smithfield Township, Pennsylvania, for rehabilitating 
and extending its collector system. 
(c) TAYLOR MILL, KENTUCKY.—Notwithstanding section 201(gXl) of 
the Federal Water Pollution Control Act or any other provision of 
law, the Administrator shall make a grant of $250,000 from funds 
37gi 3
H
* 
allotted under section 205 of such Act to the State of Kentucky for 
fiscal year 1986 to the city of Taylor Mill, Kentucky, for the repair 
and reconstruction, as necessary, of the publicly owned treatment 
works of such city. 
(d) NEVADA COUNTY, CALIFORNIA.—Out of funds available for 
grants in the State of California under the third sentence of section 
201(g)(1) of the Federal Water Pollution Control Act in fiscal year 
1987, the Administrator shall make a grant for the construction of a 
collection system serving the Glenshire/Devonshire area of Nevada 
County, California, to deliver waste to the Tahoe-Truckee Sanitary 
District's regional wastewater treatment facility. 
(e) TREATMENT WORKS FOR WANAQUE, NEW JERSEY.—In fiscal year 
1987 and succeeding fiscal years, the Administrator shall make 
grants to the Wanaque Valley Regional Sewerage Authority, New 
Jersey, from funds allotted under section 205 of the Federal Water 
Pollution Control Act to the State of New Jersey for such fiscal year, 
for the construction of treatment works with a total treatment 
capacity of 1,050,000 gallons per day (including a treatment module 
with a treatment capacity of 350,000 gallons per day). Notwithstand-
33 use 1282. 
ing section 202 of such Act, the Federal share of the cost of construc-
tion of such treatment works shall be 75 percent. 
(f) TREATMENT WORKS FOR LENA, ILUNOIS.—The Administrator 
shall make grants to the village of Lena, Illinois, from funds allotted 
under section 205 of the Federal Water Pollution Control Act to the 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 29 
State of Illinois for fiscal years beginning after September 30, 1986, 
for the construction of a replacement moving bed filter press for the 
treatment works of such village. Notwithstanding section 202 of the 
Federal Water Pollution Control Act, the Federal share of the cost 
33 USC 1282. 
of construction of such project shall be 75 percent. 
(g) PRIORITY FOR COURT-ORDERED AND OTHER PROJECTS.—The State 
Pennsylvania. 
of Pennsylvania, from funds allotted to it under section 205 of the Wyoming. 
Federal Water Pollution Control Act, shall give priority for 33 USC 1285. 
construction of— 
(1) the Wyoming Valley Sanitary Authority Secondary Treat-
ment project mandated under Federal court order, regardless of 
the date of start of construction made pursuant to the court 
order; and 
(2) a project for wastewater treatment for Altoona, Penn-
sylvania. 
SEC. 214. CHICAGO TUNNEL AND RESERVOIR PROJECT. 
The Chicago tunnel and reservoir project may receive grants 
under the last sentence of section 201(g)(1) of the Federal Water 
Pollution Control Act without regard to the limitation contained in 33 USC 1281. 
such sentence if the Administrator determines that such project 
meets the cost-effectiveness requirements of sections 217 and 218 of 
such Act without any redesign or reconstruction and if the Governor 33 USC 1297, 
of the affected State demonstrates to the satisfaction of the Adminis- ^298. 
trator the water quality benefits of such project. 
SEC. 215. AD VALOREM TAX DEDICATION. 
For the purposes of complying with section 204(b)(1) of the Federal 
Water Pollution Control Act, the ad valorem tax user charge sys-
tems of the town of Hampton and the city of Nashua, New Hamp-
shire, shall be deemed to have been dedicated as of December 27, 
1977. The Administrator shall review such ad valorem tax user 
charge systems for compliance with the remaining requirements of 
such section and related regulations of the Environmental Protec-
tion Agency. 
TITLE 
III—STANDARDS 
AND 
ENFORCEMENTS 
New Hampshire. 
Ante, p. 18. 
SEC. 301. COMPLIANCE DATES. 
(a) PRIORITY TOXIC POLLUTANTS.—Section 301(b)(2)(C) is amended 
33 use 1311. 
by striking out "not later than July 1, 1984," and inserting after "of 
this paragraph" the following: "as expeditiously as practicable but 
in no case later than three years after the date such limitations are 
promulgated under section 304(b), and in no case later than 
33 USC 1314. 
March 31,1989". 
O
b
>
) OTHER TOXIC POLLUTANTS.—Section 301(b)(2)(D) is amended by 
striking out "not later than three years after the date such limita-
tions are established" and inserting in lieu thereof "as expeditiously 
as practicable, but in no case later than three years after the date 
such limitations are promulgated under section 3O40t)), and in no 
case later than March 31,1989". 
^ ^ 
(c) CONVENTIONAL POLLUTANTS.—Section 301(b)(2)(E) is amended 
by striking "not later than July 1, 1984," and inserting in lieu 
thereof "as expeditiously as practicable but in no case later than 
. i C C j 
•i.'il 
101 STAT. 30 
PUBLIC LAW 100-4—FEB. 4, 1987 
three years after the date such limitations are promulgated under 
33 use 1314. 
section 304(b), and in no case later than March 31, 1989, compliance 
with". 
33 use 1311. 
(d) OTHER POLX,UTANTS.—Section 301(b)(2)(F) is amended by strik-
ing "not" after "subparagraph (A) of this paragraph" and inserting 
in lieu thereof "as expeditiously as practicable but in no case", and 
by striking "or not later than July 1, 1984," and all that follows 
c' 
through the end of the sentence and inserting in lieu thereof "and in 
no case later than March 31,1989.". 
(e) STRICTER BPT.—Section 301(b) is amended by adding at the end 
the following new paragraph: 
"(3)(A) for effluent limitations under paragraph (l)(A)(i) of 
this subsection promulgated after January 1, 1982, and requir-
ing a level of control substantially greater or based on fun-
damentally different control technology than under permits for 
an industrial category issued before such date, compliance as 
expeditiously as practicable but in no case later than three 
years after the date such limitations are promulgated under 
section 304(b), and in no case later than March 31, 1989; and 
"(B) for any effluent limitation in accordance with paragraph 
(l)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on 
the basis of section 402(a)(1) in a permit issued after enactment 
of the Water Quality Act of 1987, compliance as expeditiously as 
practicable but in no case later than three years after the date 
such limitations are established, and in no case later than 
March 31,1989.". 
33 use 1311 
(f) DEADLINES FOR REGULATIONS FOR CERTAIN TOXIC POLLUTANTS.— 
note. 
The Administrator shall promulgate final regulations establishing 
effluent limitations in accordance with sections 301(b)(2)(A) and 
33 use 1317. 
30703)(1) of the Federal Water Pollution Control Act for all toxic 
pollutants referred to in table 1 of Committee Print Numbered 95-
30 of the Committee on Public Works and Transportation of the 
House of Representatives which are discharged from the categories 
of point sources in accordance with the following table: 
.'•' 
' 
:i^ 
'' 
- 
• 
Date by which the 
final regulation shall 
Category 
': 
'
-
> 
be promulgated 
Organic chemicals and plastics and synthetic 
fibers 
December 31, 1986. 
Pesticides 
December 31, 1986. 
SEC. 302. MODIFICATION FOR NONCONVENTIONAL POLLUTANTS. 
(a) LISTING OF POLLUTANTS.—Section 301(g) is amended by re-
>if;l D?.; ^
'
H designating paragraph (2) (and any references thereto) as paragraph 
(3) and by striking out all that precedes subparagraph (A) of para-
graph (1) and inserting in lieu thereof the following: 
"(g) 
MODIFICATIONS FOR CERTAIN NONCONVENTIONAL POLLUT-
ANTS.— 
state and local 
"(1) GENERAL AUTHORITY.—The Administrator, with the 
governments. 
concurrence of the State, may modify the requirements of 
Chemicals. 
subsection (b)(2)(A) of this section with respect to the discharge 
' : 
from any point source of ammonia, chlorine, color, iron, and 
<
s 
total phenols (4AAP) (when determined by the Administrator to 
njir. be a pollutant covered by subsection (b)(2)(F)) and any other 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 31 
pollutant which the Administrator lists under paragraph (4) of 
this subsection. 
"(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.—A modi-
fication under this subsection shall be granted only upon a 
showing by the owner or operator of a point source satisfactory 
to the Administrator that—". 
(b) PROCEDURE FOR LISTING ADDITIONAL POLLUTANTS; REMOVAL.— 
Section 301(g) is further amended by adding at the end thereof the Ante, p. 30. 
following new paragraphs: 
"(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.— 
"(A) GENERAL AUTHORITY.—Upon petition of any person, 
li^ OSJ 
the Administrator may add any pollutant to the list of 
pollutants for which modification under this section is au-
thorized (except for pollutants identified pursuant to sec-
!: ;:i 
tion 304(a)(4) of this Act, toxic pollutants subject to section 
33 USC 1314. 
307(a) of this Act, and the thermal component of discharges) 
33 USC 1317. 
in accordance with the provisions of this paragraph. 
"(B) REQUIREMENTS FOR LISTING.— 
"(i) SUFFICIENT INFORMATION.—The person petition-
ing for listing of an additional pollutant under this 
subsection shall submit to the Administrator sufficient 
information to make the determinations required by 
this subparagraph. 
"(ii) TOXIC CRITERIA DETERMINATION.—The Adminis-
trator shall determine whether or not the pollutant 
meets the criteria for listing as a toxic pollutant under 
\ • ^ 
section 307(a) of this Act. 
"(iii) LISTING AS TOXIC POLLUTANT.—If the Adminis-
; 
trator determines that the pollutant meets the criteria 
for listing as a toxic pollutant under section 307(a), the 
Administrator shall list the pollutant as a toxic pollut-
ant under section 307(a). 
"(iv) NONCONVENTIONAL CRITERIA DETERMINATION.— 
If the Administrator determines that the pollutant does 
'> 
not meet the criteria for listing as a toxic pollutant 
under such section and determines that adequate test 
,i, 
methods and sufficient data are available to make the 
determinations required by paragraph (2) of this 
subsection with respect to the pollutant, the Adminis-
trator shall add the pollutant to the list of pollutants 
specified in paragraph (1) of this subsection for which 
modifications are authorized under this subsection. 
" 
"(C) REQUIREMENTS FOR FILING OF PETITIONS.—A petition 
for listing of a pollutant under this paragraph— 
i:. 
"(i) must be filed not later than 270 days after the 
date of promulgation of an applicable effluent guideline 
under section 304; 
•. , -
"(ii) may be filed before promulgation of such guide-
line; and 
"(iii) may be filed with an application for a modifica-
tion under paragraph (1) with respect to the discharge 
of such pollutant. 
"(D) DEADLINE FOR APPROVAL OF PETITION.—A decision to 
? , 
add a pollutant to the list of pollutants for which modifica-
tions under this subsection are authorized must be made 
within 270 days after the date of promulgation of an ap-
plicable effluent guideline under section 304. 
101 STAT. 32 
PUBLIC LAW 100-4—FEB. 4, 1987 
V) ( ' rto "(E) BURDEN OF PROOF.—The burden of proof for making 
the determinations under subparagraph (B) shall be on the 
' ^- 
petitioner. 
"(5) REMOVAL OF POLLUTANTS.—The Administrator may 
remove any pollutant from the list of pollutants for which 
modifications are authorized under this subsection if the 
Administrator determines that adequate test methods and suffi-
t! v n
j
K 
cient data are no longer available for determining whether or 
not modifications may be granted with respect to such pollutant 
under paragraph (2) of this subsection.". 
33 use 1311. 
(c) DEADLINE FOR APPROVAL OF MODIFICATIONS.—Section 301(j) is 
amended— 
(1) in paragraph (2) by striking out "Any" and inserting in 
lieu thereof "Subject to paragraph (3) of this section, any"; and 
fc 't • 
/ U 
(2) by adding at the end thereof the following new paragraphs: 
f ' 
' ; J 
. 
; 
"(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).— 
"(A) EFFECT OF FILING.—An application for a modification 
under subsection (g) and a petition for listing of a pollutant 
as a pollutant for which modifications are authorized under 
such subsection shall not stay the requirement that the 
person seeking such modification or listing comply with 
effluent limitations under this Act for all pollutants not the 
subject of such application or petition. 
% 
"(B) EFFECT OF DISAPPROVAL.—Disapproval of an applica-
tion for a modification under subsection (g) shall not stay 
the requirement that the person seeking such modification 
comply with all applicable effluent limitations under this 
-^'™'^" Act. 
"(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application 
for a modification with respect to a pollutant filed under subsec-
••fvi tion (g) must be approved or disapproved not later than 365 days 
after the date of such filing; except that in any case in which a 
. petition for listing such pollutant as a pollutant for which 
e;iO modifications are authorized under such subsection is approved, 
such application must be approved or disapproved not later 
than 365 days after the date of approval of such petition.", 
(d) CONFORMING AMENDMENTS.—(1) Paragraph (3) of section 301(g), 
as redesignated by subsection (a) of this section, is amended by 
inserting "LIMITATION ON AUTHORITY TO APPLY FOR SUBSECTION (c) 
MODIFICATION.—" before "If an owner" and by aligning such para-
graph with paragraph (4) of such section, as added by subsection (b) 
of this section. 
(2) Paragraph (2) of section 301(g) (as designated by subsection (a) 
of this section) is amended by realigning subparagraphs (A), (B), and 
(C) with subparagraph (A) of paragraph (4), as added by subsection 
(b) of this section. 
33 use 1311 
(e) APPLICATION.— 
note. 
,, 
(1) GENERAL RULE.—Except as provided in paragraph (2), the 
amendments made by this section shall apply to all requests for 
modifications under section 301(g) of the Federal Water Pollu-
tion Control Act pending on the date of the enactment of this 
Act and shall not have the effect of extending the deadline 
''-^ established in section 301(j)(l)(B) of such Act. 
(2) EXCEPTION.—The amendments made by this section shall 
not affect any application for a modification with respect to the 
'< 
discharge of ammonia, chlorine, color, iron, or total phenols 
(4AAP) under section 301(g) of the Federal Water Pollution 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 33 
Control Act pending on the date of the enactment of this Act; 
except that the Administrator must approve or disapprove such 
application not later than 365 days after the date of such 
- '' 
' 
. 
enactment. 
'" , 
SEC. 303. DISCHARGES INTO MARINE WATERS. 
(a) CONSIDERATION OF OTHER SOURCES OF POLLUTANTS.—Section 
301(h)(2) is amended by striking out "such modified requirements 33 USC 1311. 
will not interfere" and inserting in lieu thereof the following: "the 
discharge of pollutants in accordance with such modified require-
ments will not interfere, alone or in combination with pollutants 
from other sources,". 
(b) LIMITATION ON SCOPE OF MONITORING.— 
* 
(1) GENERAL RULE.—Section 301(h)(3) is amended by inserting 
*
' 
before the semicolon at the end thereof the following: ", and the 
scope of such monitoring is limited to include only those sci-
entific investigations which are necessary to study the effects of 
' 
the proposed discharge". 
* 
(2) LIMITATION ON APPLICABILITY.—The amendment made by 33 USC 1311 
subsection (b) shall only apply to modifications and renewals of 
^°^-
; 
modifications which are tentatively or finally approved after 
the date of the enactment of this Act. 
(c) URBAN AREA PRETREATMENT PROGRAM.—Section 301(h) is 
amended by redesignating paragraphs (6) and (7), and any references 
thereto, as paragraphs (7) and (8), respectively, and by inserting 
after paragraph (5) the following new paragraph: 
"(6) in the case of any treatment works serving a population 
.ry,.^ tiv 
of 50,000 or more, with respect to any toxic pollutant introduced 
into such works by an industrial discharger for which pollutant 
there is no applicable pretreatment requirement in effect, 
sources introducing waste into such works are in compliance 
with all applicable pretreatment requirements, the applicant 
will enforce such requirements, and the applicant has in effect a 
pretreatment program which, in combination with the treat- 
j.j 
> • 
ment of discharges from such works, removes the same amount 
c 
of such pollutant as would be removed if such works were to 
apply secondary treatment to discharges and if such works had 
no pretreatment program with respect to such pollutant;". 
(d) PRIMARY TREATMENT FOR EFFLUENT.— 
(1) GENERAL RULE.—Section 301(h) is amended by striking out 
the period at the end of paragraph (8) (as redesignated by 
subsection (c) of this section) and inserting in lieu thereof a 
semicolon and by inserting after such paragraph (8) the follow-
ing new paragraph: 
"(9) the applicant at the time such modification becomes 
effective will be discharging effluent which has received at least 
primary or equivalent treatment and which meets the criteria 
established under section 304(a)(1) of this Act after initial 
33 USC 1314. 
mixing in the waters surrounding or adjacent to the point at 
jl 
which such effluent is discharged.". 
(2) PRIMARY OR EQUIVALENT TREATMENT DEFINED.—Such sec-
tion is further amended by inserting after the second sentence 
the following new sentence: "For the purposes of paragraph (9), 
'primary or equivalent treatment' means treatment by screen-
ing, sedimentation, and skimming adequate to remove at least 
30 percent of the biological oxygen demanding material and of 
DSi 
101 STAT. 34 
PUBLIC LAW 100-4—FEB. 4, 1987 
Fish and fishing. 
Wildlife. 
Ante, p. 33. 
Contracts. 
33 use 1311 
note. 
33 u s e 1311. 
-t-vr 
the suspended solids in the treatment works influent, and dis-
infection, where appropriate.". 
(e) LIMITATIONS ON ISSUANCE OF PERMITS.—Section 301(h) is fur-
ther amended by adding at the end thereof the following new 
sentences: "In order for a permit to be issued under this subsection 
for the discharge of a pollutant into marine waters, such marine 
waters must exhibit characteristics assuring that water providing 
dilution does not contain significant amounts of previously dis-
charged effluent from such treatment works. No permit issued 
under this subsection shall authorize the discharge of any pollutant 
into saline estuarine waters which at the time of application do not 
support a balanced indigenous population of shellfish, fish and 
wildlife, or allow recreation in and on the waters or which exhibit 
ambient water quality below applicable water quality standards 
adopted for the protection of public water supplies, shellfish, fish 
and wildlife or recreational activities or such other standards nec-
essary to assure support and protection of such uses. The prohibition 
contained in the preceding sentence shall apply without regard to 
the presence or absence of a causal relationship between such 
characteristics and the applicant's current or proposed discharge. 
Notwithstanding any other provisions of this subsection, no permit 
may be issued under this subsection for discharge of a pollutant into 
the New York Bight Apex consisting of the ocean waters of the 
Atlantic Ocean westward of 73 degrees 30 minutes west longitude 
and northward of 40 degrees 10 minutes north latitude.". 
(f) APPUCATION FOR OCEAN DISCHARGE MODIFICATION.—Section 
301(j)(l)(A) is amended by inserting before the semicolon at the end 
thereof the following: ", except that a publicly owned treatment 
works which prior to December 31, 1982, had a contractual arrange-
ment to use a portion of the capacity of an ocean outfall operated by 
another publicly owned treatment works which has applied for or 
received modification under subsection (h), may apply for a modi-
fication of subsection (h) in its own right not later than 30 days after 
the date of the enactment of the Water Quality Act of 1987". 
(g) GRANDFATHER OF CERTAIN APPUCANTS.—The amendments 
made by subsections (a), (c), (d), and (e) of this section shall not apply 
to an application for a permit under section 301(h) of the Federal 
Water Pollution Control Act which has been tentatively or finally 
approved by the Administrator before the date of the enactment of 
this Act; except that such amendments shall apply to all renewals of 
such permits after such date of enactment. 
SEC. 304. FILING DEADLINE FOR TREATMENT WORKS MODIFICATION. 
(a) EXTENSION.—The second sentence of section 301(i)(l) is 
amended by striking out "of this subsection." and inserting in lieu 
thereof "of the Water Quality Act of 1987.". 
(h) APPUCABIUTY.—The amendment made by subsection (a) shall 
not apply to those treatment works which are subject to a compli-
ance schedule established before the date of the enactment of this 
Act by a court order or a final administrative order. 
SEC. 305. INNOVATIVE TECHNOLOGY COMPLIANCE DEADLINES FOR 
DIRECT DISCHARGERS. 
(a) EXTENSION OF DEADUNE.—Section 301(k) is amended by strik-
ing out "July 1, 1987," and inserting in lieu thereof "two years after 
the date for compliance with such effluent limitation which would 
otherwise be applicable under such subsection,". 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 35 
(b) EXTENSION TO CONVENTIONAL POLLUTANTS.—Section 301(k) is 33 use i3ii. 
amended by inserting "or (bX2)(E)" after "(b)(2)(A)" each place it 
appears. 
SEC. 306. FUNDAMENTALLY DIFFERENT FACTORS. 
(a) GENERAL RULE,—Section 301 is amended by adding at the end 
the following new subsections: 
"(n) FUNDAMENTALLY DIFFERENT FACTORS.— 
"(1) GENERAL RULE.—The Administrator, with the concur- 
State and local 
rence of the State, may establish an alternative requirement governments. 
under subsection (b)(2) or section 307(b) for a facility that modi- 33 use 1317. 
fies the requirements of national effluent limitation guidelines 
or categorical pretreatment standards that would otherwise be 
applicable to such facility, if the owner or operator of such 
facility demonstrates to the satisfaction of the Administrator 
that— 
"(A) the facility is fundamentally different with respect 
to the factors (other than cost) specified in section 304(b) or 
304(g) and considered by the Administrator in establishing 
33 use 1314. 
such national effluent limitation guidelines or categorical 
pretreatment standards; 
"(B) the application— 
"(i) is based solely on information and supporting 
. 
data submitted to the Administrator during the rule-
making for establishment of the applicable national 
effluent 
limitation 
guidelines 
or 
categorical 
pretreatment standard specifically raising the factors 
that are fundamentally different for such facility; or 
"(ii) is based on information and supporting data 
referred to in clause (i) and information and supporting 
data the applicant did not have a reasonable oppor- 
,,. , 
tunity to submit during such rulemaking; 
"(C) the alternative requirement is no less stringent than 
justified by the fundamental difference; and 
"(D) the alternative requirement will not result in a non-
water quality environmental impact which is markedly 
more adverse than the impact considered by the Adminis-
trator in establishing such national effluent limitation 
guideline or categorical pretreatment standard. 
"(2) TIME UMIT FOR APPUCATIONS.—An application for an 
alternative requirement which modifies the requirements of an 
effluent limitation or pretreatment standard under this subsec-
tion must be submitted to the Administrator within 180 days 
after the date on which such limitation or standard is estab-
lished or revised, as the case may be. 
"(3) TIME UMIT FOR DECISION.—The Administrator shall ap-
prove or deny by final agency action an application submitted 
under this subsection within 180 days after the date such 
application is filed with the Administrator. 
'(4) SUBMISSION OF INFORMATION.—The Administrator may 
allow an applicant under this subsection to submit information 
and supporting data until the earlier of the date the application 
is approved or denied or the last day that the Administrator has 
to approve or deny such application. 
"(5) TREATMENT OF PENDING APPUCATIONS.—For the purposes 
of this subsection, an application for an alternative requirement 
based on fundamentally different factors which is pending on 
101 STAT. 36 
PUBLIC LAW 100-4—FEB. 4, 1987 
iif r ;;l ?' 
r:d i the date of the enactment of this subsection shall be treated as 
ji 
having been submitted to the Administrator on the 180th day 
following such date of enactment. The applicant may amend 
the application to take into account the provisions of this 
subsection. 
i -. 
"(6) EFFECT OF SUBMISSION OF APPLICATION.—An application 
for an alternative requirement under this subsection shall not 
stay the applicant's obligation to comply with the effluent 
c "' b:ty. ., ^^. 
' • limitation guideline or categorical pretreatment standard which 
• 
^ 
is the subject of the application. 
"(7) EFFECT OF DENIAL.—If an application for an alternative 
requirement which modifies the requirements of an effluent 
limitation or pretreatment standard under this subsection is 
denied by the Administrator, the applicant must comply with 
such limitation or standard as established or revised, as the case 
may be. 
-
J
K 
"(8) REPORTS.—Every 6 months after the date of the enact-
' ^' 
ment of this subsection, the Administrator shall submit to the 
''•• 
3 
Committee on Environment and Public Works of the Senate 
and the Committee on Public Works and Transportation of the 
House of Representatives a report on the status of applications 
for alternative requirements which modify the requirements of 
33 use 1311, 
effluent limitations under section 301 or 304 of this Act or any 
1314. 
national categorical pretreatment standard under section 307(b) 
33 use 1317. 
Qf ^j^^g p^Q^ £jjgjj before, on, or after such date of enactment. 
"(o) APPLICATION FEES.—The Administrator shall prescribe and 
collect from each applicant fees reflecting the reasonable adminis-
trative costs incurred in reviewing and processing applications for 
modifications submitted to the Administrator pursuant to subsec-
tions (c), (g), (i), (k), (m), and (n) of section 301, section 304(d)(4), and 
33 use 1326. 
section 316(a) of this Act. All amounts collected by the Adminis-
trator under this subsection shall be deposited into a special fund of 
the Tre£isury entitled 'Water Permits and Related Services' which 
shall thereafter be available for appropriation to carry out activities 
of the Environmental Protection Agency for which such fees were 
collected.". 
33 use 1311. 
0)) CONFORMING AMENDMENT.—Section 301(1) is amended by strik-
ing out "The" and inserting in lieu thereof "Other than as provided 
Ante, p. 35. 
in subsection (n) of this section, the". 
33 use 1342 
(c) PHOSPHATE FERTIUZER EFFLUENT LIMITATION.— 
note. 
(1) ISSUANCE OF PERMIT.—As soon as possible after the date of 
the enactment of this Act, but not later than 180 days after such 
date of enactment, the Administrator shall issue permits under 
section 402(a)(lXB) of the Federal Water Pollution Control Act 
with respect to facilities— 
(A) which were under construction on or before April 8, 
1974, and 
(B) for which the Administrator is proposing to revise the 
applicability of the effluent limitation established under 
section 301(b) of such Act for phosphate subcategory of the 
fertilizer manufacturing point source category to exclude 
such facilities. 
(2) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in 
g
©
[ this section shall be construed— 
hi'^ 
(A) to require the Administrator to permit the discharge 
rjo 
of gypsum or gypsum waste into the navigable waters, 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 37 
(B) to affect the procedures and standards applicable to 
the Administrator 
in issuing permits under 
section 
402(a)(1)(B) of the Federal Water Pollution Control Act, and 
33 USC 1342. 
(C) to affect the authority of any State to deny or condi-
tion certification under section 401 of such Act with respect 
33 USC 1341. 
to the issuance of permits under section 402(a)(1)(B) of such 
Act. 
SEC. 307. COAL REMINING OPERATIONS. 
Section 301 is amended by adding at the end thereof the following: 
33 USC 1311. 
"(p) MODIFIED PERMIT FOR COAL REMINING OPERATIONS.— 
Ante, p. 35. 
"(1) IN GENERAL.—Subject to paragraphs (2) through (4) of this 
State and local 
subsection, the Administrator, or the State in any case which 
governments, 
the State has an approved permit program under section 402(b), 
33 USC 1342. 
may issue a permit under section 402 which modifies the 
requirements of subsection (b)(2)(A) of this section with respect 
to the pH level of any pre-existing discharge, and with respect 
to pre-existing discharges of iron and manganese from the 
remined area of any coal remining operation or with respect to 
the pH level or level of iron or manganese in any pre-existing 
discharge affected by the remining operation. Such modified 
requirements shall apply the best available technology economi-
cally achievable on a case-by-case basis, using best professional 
judgment, to set specific numerical effluent limitations in each 
permit. 
• 
"(2) LIMITATIONS.—The Administrator or the State may only 
state and local 
issue a permit pursuant to paragraph (1) if the applicant dem- governments, 
onstrates to the satisfaction of the Administrator or the State, 
as the case may be, that the coal remining operation will result 
in the potential for improved water quality from the remining 
operation but in no event shall such a permit allow the pH level 
of any discharge, and in no event shall such a permit allow the 
discharges of iron and manganese, to exceed the levels being 
discharged from the remined area before the coal remining 
operation begins. No discharge from, or affected by, the 
remining operation shall exceed State water quality standards 
established under section 303 of this Act. 
33 USC 1313. m 
"(3) DEFINITIONS.—For purposes of this subsection— 
"(A) 
COAL 
REMINING 
OPERATION.—The 
term 
'coal 
remining operation' means a coal mining operation which 
begins after the date of the enactment of this subsection at 
a site on which coal mining was conducted before the 
effective date of the Surface Mining Control and Reclama-
tion Act of 1977. 
30 use 1201 ,c 
"(B) REMINED AREA.—The term 'remined area' means 
note. 
,^ 
only that area of any coal remining operation on which coal 
mining was conducted before the effective date of the Sur-
face Mining Control and Reclamation Act of 1977. 
"(C) PRE-EXISTING DISCHARGE.—The term 'pre-existing dis-
charge' means any discharge at the time of permit applica-
tion under this subsection. 
"(4) APPLICABILITY OF STRIP MINING LAWS.—Nothing in this 
subsection shall affect the application of the Surface Mining 
Control and Reclamation Act of 1977 to any coal remining 
operation, including the application of such Act to suspended 
solids.". 
101 STAT. 38 
PUBLIC LAW 100-4—FEB. 4, 1987 
Agriculture and 
agricultural 
commodities. 
Fish and fishing. 
Wildlife. 
33 use 1311. 
33 use 1313. 
33 use 1316, 
1317. 
SEC. 308. INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS. 
33 use 1314. 
(a) IN GENERAL.—Section 304 is amended by adding at the end 
thereof the following new subsection: 
"(1) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.— 
"(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT OF 
STRATEGIES.—Not later than 2 years after the date of the enact-
ment of this subsection, each State shall submit to the Adminis-
trator for review, approval, and implementation under this 
subsection— 
"(A) a list of those waters within the State which after 
the application of effluent limitations required under sec-
tion 301(b)(2) of this Act cannot reasonably be anticipated to 
attain or maintain (i) water quality standards for such 
waters reviewed, revised, or adopted in accordance with 
section 303(c)(2)(B) of this Act, due to toxic pollutants, or (ii) 
that water quality which shall assure protection of public 
••' 
health, public water supplies, agricultural and industrial 
uses, and the protection and propagation of a balanced 
population of shellfish, fish and wildlife, and allow rec-
reational activities in and on the water; 
"(B) a list of all navigable waters in such State for which 
the State does not expect the applicable standard under 
section 303 of this Act will be achieved after the require-
ments of sections 3010t)), 306, and 3070t)) are met, due 
entirely or substantially to discharges from point sources of 
'' ' 
any toxic pollutants listed pursuant to section 307(a); 
"^ 
"(C) for each segment of the navigable waters included on 
such lists, a determination of the specific point sources 
discharging any such toxic pollutant which is believed to be 
preventing or impairing such water quality and the amount 
of each such toxic pollutant discharged by each such source; 
and 
"(D) for each such segment, an individual control strategy 
' 
which the State determines will produce a reduction in the 
discharge of toxic pollutants from point sources identified 
*-' '< 
by the State under this paragraph through the establish-
33 use 1342. 
ment of effluent limitations under section 402 of this Act 
and water quality standards under section 303(c)(2)(B) of 
- 
this Act, which reduction is sufficient, in combination with 
• 
existing controls on point and nonpoint sources of pollution, 
to achieve the applicable water quality standard as soon as 
^
* 
possible, but not later than 3 years after the date of the 
establishment of such strategy. 
State and local 
"(2) APPROVAL O
R DISAPPROVAL.—Not later than 120 days after 
governments. 
the last day of the 2-year period referred to in paragraph (1), the 
Administrator shall approve or disapprove the control strate-
gies submitted under paragraph (1) by any State. 
"(3) ADMINISTRATOR'S ACTION.—If a State fails to submit con-
trol strategies in accordance with paragraph (1) or the Adminis-
trator does not approve the control strategies submitted by such 
State in accordance with parsigraph (1), then, not later than 1 
k 
year after the last day of the period referred to in paragraph (2), 
T 
the Administrator, in cooperation with such State and after 
T 
notice and opportunity for public comment, shall implement the 
I 
requirements of paragraph (1) in such State. In the implementa-
tion of such requirements, the Administrator shall, at a mini-
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 39 
mum, consider for listing under this subsection any navigable 
waters for which any person submits a petition to the Adminis-
trator for listing not later than 120 days after such last day.". 
0)) JUDICIAL REVIEW.—Section 509(b)(1) is amended— 
33 use 1369. 
(1) by striking out "and (F)" and inserting in lieu thereof 
"(F)"; and 
(2) by inserting after "any permit under section 402," the 
33 USC 1342. 
following: "and (G) in promulgating any individual control 
strategy under section 304(1),". 
Ante, p. 38. 
(c) GUIDANCE TO STATES; INFORMATION ON WATER QUALITY CRI-
TERIA FOR TOXICS.—Section 304(a) is amended by adding at the end 
33 USC 1314. 
the following new paragraphs: 
"(7) GUIDANCE TO STATES.—The Administrator, after consulta-
tion with appropriate State agencies and on the basis of criteria 
and information published under paragraphs (1) and (2) of this 
subsection, shall develop and publish, within 9 months after the 
date of the enactment of the Water Quality Act of 1987, guid-
ance to the States on performing the identification required by 
section 304(1X1) of this Act. 
"(8) INFORMATION ON WATER QUAUTY CRITERIA.—The Adminis- 
•* 
trator, after consultation with appropriate State agencies and 
within 2 years after the date of the enactment of the Water 
Quality Act of 1987, shall develop and publish information on 
' ' 
methods for establishing and measuring water quality criteria 
for toxic pollutants on other bases than poUutant-by-poUut-
ant criteria, including biological monitoring and assessment 
methods.". 
(d) WATER QUAUTY CRITERIA FOR TOXIC POLLUTANTS.—Section 
303(c)(2) is amended by inserting "(A)" after "(2)" and by adding the 
33 use 1313. 
following new subparagraph: 
"(B) Whenever a State reviews water quality standards pursuant 
State and local 
to paragraph (1) of this subsection, or revises or adopts new stand- governments, 
ards pursuant to this paragraph, such State shall adopt criteria for 
all toxic pollutants listed pursuant to section 307(a)(1) of this Act for 
33 use 1317. 
which criteria have been published under section 304(a), the dis- 33 use 1314. 
charge or presence of which in the affected waters could reasonably 
be expected to interfere with those designated uses adopted by the 
State, as necessary to support such designated uses. Such criteria 
shall be specific numerical criteria for such toxic pollutants. Where 
such numerical criteria are not available, whenever a State reviews 
water quality standards pursuant to paragraph (1), or revises or 
adopts new standards pursuant to this paragraph, such State shall 
adopt criteria based on biological monitoring or assessment methods 
consistent with information published pursuant to section 304(a)(8). 
Nothing in this section shall be construed to limit or delay the use of 
effluent limitations or other permit conditions based on or involving 
biological monitoring or assessment methods or previously adopted 
numerical criteria.". 
(e) MODIFICATIONS OF EFFLUENT LIMITATIONS.— 
(1) IN GENERAL.—Section 3020t)) is amended to read as follows: 
33 use 1312. 
"(b) MODIFICATIONS OF EFFLUENT LIMITATIONS.— 
"(1) NOTICE AND HEARING.—Prior to establishment of any 
effluent limitation pursuant to subsection (a) of this section, the 
Administrator shall publish such proposed limitation and 
within 90 days of such publication hold a public hearing. 
"(2) PERMITS.— 
m 
101 STAT. 40 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 u s e 1311. 
33 u s e 1312. 
Ante, p. 38. 
Federal 
Register, 
publication. 
33 u s e 1316. 
33 use 1375 
note. 
•"' 
"(A) No REASONABLE RELATIONSHIP.—The Administrator, 
with the concurrence of the State, may issue a permit 
which modifies the effluent limitations required by subsec-
tion (a) of this section for pollutants other than toxic pollut-
ants if the applicant demonstrates at such hearing that 
(whether or not technology or other alternative control 
' 
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) 
from achieving such limitation. 
"^ 
"(B) REASONABLE PROGRESS.—The Administrator, with the 
concurrence of the State, may issue a permit which modi-
,:.": 
fies 
the effluent limitations required by subsection (a) of 
xtt*^' 
this section for toxic pollutants for a single period not to 
-W: 
exceed 5 years if the applicant demonstrates to the satisfac-
,ri 
tion of the Administrator that such modified requirements 
.:u 
(i) will represent the maximum degree of control within the 
/ i 
economic capability of the owner and operator of the 
source, and (ii) will result in reasonable further progress 
beyond the requirements of section 301(b)(2) toward the 
requirements of subsection (a) of this section.". 
,, (2) CONFORMING AMENDMENTS.—Section 302(a) is amended— 
(A) by inserting "or as identified under section 304(1)" 
after "in the judgment of the Administrator"; and 
(B) by inserting "public health," after "protection of. 
(f) SCHEDULE FOR REVIEW OF GUIDELINES.—Section 304 is amended 
by adding at the end the following new subsection: 
"(m) SCHEDULE FOR REVIEW OF GUIDELINES.— 
"(1) PUBLICATION.—Within 12 months after the date of the 
enactment of the Water Quality Act of 1987, and biennially 
thereafter, the Administrator shall publish in the Federal Reg-
ister a plan which shall— 
"(A) establish a schedule for the annual review and revi-
sion of promulgated effluent guidelines, in accordance with 
subsection (b) of this section; 
"(B) identify categories of sources discharging toxic or 
nonconventional pollutants for which guidelines under 
subsection (b)(2) of this section and section 306 have not 
previously been published; and 
"(C) establish a schedule for promulgation of effluent 
guidelines for categories identified in subparagraph (B), 
., 
under which promulgation of such guidelines shall be no 
' 
later than 4 years after such date of enactment for cat-
egories identified in the first published plan or 3 years after 
the publication of the plan for categories identified in later 
-' 
published plans. 
f
* 
"(2) PuBUC REVIEW.—The Administrator shall provide for 
public review and comment on the plan prior to final 
publication.". 
(g) WATER QUALITY IMPROVEMENT STUDY.— 
(1) STUDY.—The Administrator shall study the water quality 
improvements which have been achieved by application of best 
t 
available technology economically achievable pursuant to sec-
«
5 
tion 301(b)(2) of the Federal Water Pollution Control Act. Such 
-' 
study shall include, but not be limited to, an analysis of the 
effectiveness of the application of best available technology 
economically achievable pursuant to such section in attaining 
" < • 
1 
2¥ 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 41 
applicable water quality standards (including the standard 
specified in section 302(a) of such Act) and an analysis of the 
effectiveness of the water quality program under such Act and 
methods of improving such program, including site specific 
; 
levels of treatment which will achieve the water quality goals of 
f 
such Act. 
J 
(2) REPORT.—Not later than 2 years after the date of the 
enactment of this Act, the Administrator shall submit a report 
on the results of the study conducted under subsection (a) 
together with recommendations for improving the water quality 
program and its effectiveness to the Committee on Public Works 
and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate. 
SEC. 309. PRETREATMENT STANDARDS. 
(a) EXTENSION OF COMPUANCE DATE BY POTW.—Section 307 is 
amended by adding at the end the following: 
"(e) COMPLIANCE DATE EXTENSION FOR INNOVATIVE PRETREATMENT 
SYSTEMS.—In the case of any existing facility that proposes to 
comply with the pretreatment standards of subsection O
t
»
) of this 
section by applying an innovative system that meets the require-
ments of section 301(k) of this Act, the owner or operator of the 
publicly owned treatment works receiving the treated effluent from 
such facility may extend the date for compliance with the applicable 
pretreatment standard established under this section for a period 
not to exceed 2 years— 
"(1) if the Administrator determines that the innovative 
system has the potential for industrywide application, and 
"(2) if the Administrator (or the State in consultation with the 
Administrator, in any case in which the State has a 
pretreatment program approved by the Administrator)— 
"(A) determines that the proposed extension will not 
»ii V
, 
cause the publicly owned treatment works to be in violation 
of its permit under section 402 or of section 405 or to 
contribute to such a violation, and 
"(B) concurs with the proposed extension.". 
(b) INCREASE IN EPA EMPLOYEES.—The Administrator shall take 
such actions as may be necessary to increase the number of em-
ployees of the Environmental Protection Agency in order to effec-
tively implement pretreatment requirements under section 307 of 
the Federal Water Pollution Control Act. 
SEC. 310. INSPECTION AND ENTRY. 
« 
(a) UNAUTHORIZED DISCLOSURE.— 
(1) IN GENERAL.—Section 3080)) is amended by striking out all 
that follows "Code" and inserting in lieu thereof a period and 
the following: "Any authorized representative of the Adminis-
trator (including an authorized contractor acting as a represent-
ative of the Administrator) who knowingly or willfully pub-
lishes, divulges, discloses, or makes known in any manner or to 
any extent not authorized by law any information which is 
required to be considered confidential under this subsection 
;. 
shall be fined not more than $1,000 or imprisoned not more 
than 1 year, or both. Nothing in this subsection shall prohibit 
the Administrator or an authorized representative of the 
Administrator (including any authorized contractor acting as a 
representative of the Administrator) from disclosing records, 
Ante, p. 40. 
M^:-i 'irAirm 
33 u s e 1317. 
Ante, p. 34. 
State and local 
governments. 
33 u s e 1342, 
1345. 
33 u s e 1317 
note. 
Classified 
information. 
Records. 
33 u s e 1318. 
101 STAT. 42 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 u s e 1318. 
33 u s e 1322. 
33 u s e 1319. 
State and local 
governments. 
33 use 
1311,1312, 
1316-1318, 1328, 
1345. 
33 u s e 1342. 
33 u s e 1344. 
Hazardous 
materials. 
State and local 
governments. 
reports, or information to other officers, employees, or au-
thorized representatives of the United States concerned with 
carrying out this Act or when relevant in any proceeding under 
this Act.". 
(2) CONFORMING AMENDMENT.—Section 308(a)(B) is amended 
by inserting "(including an authorized contractor acting as a 
representative of the Administrator)" after "or his authorized 
representative". 
(b) ACCESS BY CONGRESS.—Section 308 is amended by adding at the 
end the following new subsection: 
"(d) ACCESS BY CONGRESS.—Notwithstanding any limitation con-
tained in this section or any other provision of law, all information 
reported to or otherwise obtained by the Administrator (or any 
representative of the Administrator) under this Act shall be made 
available, upon written request of any duly authorized committee of 
Congress, to such committee.". 
SEC. 311. MARINE SANITATION DEVICES. 
(a) STATE REGULATION OF HOUSEBOATS.—Section 312(f)(1) is amend-
ed by striking out "After" and inserting in lieu thereof "(A) Except 
as provided in subparagraph (B), after" and by adding at the end 
thereof the following: 
"(B) A State may adopt and enforce a statute or regulation with 
respect to the design, manufacture, or installation or use of any 
marine sanitation device on a houseboat, if such statute or regula-
tion is more stringent than the standards and regulations promul-
gated under this section. For purposes of this paragraph, the term 
'houseboat' means a vessel which, for a period of time determined by 
the State in which the vessel is located, is used primarily as a 
residence and is not used primarily as a means of transportation.". 
(b) STATE ENFORCEMENT.—Section 312(k) is amended by adding at 
the end the following: "The provisions of this section may also be 
enforced by a State.". 
SEC. 312. CRIMINAL PENALTIES. 
Section 309(c) is amended to read as follows: 
.^.-i .« 
"(c) CRIMINAL PENALTIES.— 
, , 
iv 
"(1) NEGLIGENT VIOLATIONS.—Any person who— 
"(A) negligently violates section 301, 302, 306, 307, 308, 
318, or 405 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, 
or any requirement imposed in a pretreatment program 
approved under section 402(a)(3) or 402(b)(8) of this Act or in 
a permit issued under section 404 of this Act by the Sec-
retary of the Army or by a State; or 
"(B) negligently introduces into a sewer system or into a 
publicly owned treatment works any pollutant or hazardous 
substance which such person knew or reasonably should 
have known could cause personal injury or property 
damage or, other than in compliance with all applicable 
Federal, State, or local requirements or permits, which 
causes such treatment works to violate any effluent limita-
tion or condition in any permit issued to the treatment 
3 i 
works under section 402 of this Act by the Administrator or 
;^b 
a State; 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 43 
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 1 year, or by both. If a conviction of a person is for a 
violation committed after a first conviction of such person 
under this paragraph, punishment shall be by a fine of not more 
than $50,000 per day of violation, or by imprisonment of not 
more than 2 years, or by both. 
"(2) KNOWING VIOLATIONS.—Any person who— 
"(A) knowingly violates section 301, 302, 306, 307, 308, 
318, or 405 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, 
or any requirement imposed in a pretreatment program 
approved under section 402(a)(3) or 402(b)(8) of this Act or in 
a permit issued under section 404 of this Act by the Sec-
retary of the Army or by a State; or 
"(B) knowingly introduces into a sewer system or into a 
publicly owned treatment works any pollutant or hazardous 
substance which such person knew or reasonably should 
have known could cause personal injury or property 
damage or, other than in compliance with all applicable 
Federal, State, or local requirements or permits, which 
causes such treatment works to violate any effluent limita-
tion or condition in a permit issued to the treatment works 
under section 402 of this Act by the Administrator or a 
State; 
shall be punished by a fine of not less than $5,000 nor more than 
$50,000 per day of violation, or by imprisonment for not more 
than 3 years, or by both. If a conviction of a person is for a 
violation committed after a first conviction of such person 
under this paragraph, punishment shall be by a fine of not more 
than $100,000 per day of violation, or by imprisonment of not 
more than 6 years, or by both. 
"(3) KNOWING ENDANGERMENT.— 
"(A) GENERAL RULE.—Any person who knowingly violates 
section 301, 302, 303, 306, 307, 308, 318, or 405 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, or in a permit 
issued under section 404 of this Act by the Secretary of the 
Army or by a State, and who knows at that time that he 
thereby places another person in imminent danger of death 
or serious bodily injury, shall, upon conviction, be subject to 
a fine of not more than $250,000 or imprisonment of not 
more than 15 years, or both. A person which is an organiza-
tion shall, upon conviction of violating this subparagraph, 
be subject to a fine of not more than $1,000,000. If a 
conviction of a person is for a violation committed after a 
first conviction of such person under this paragraph, the 
maximum punishment shall be doubled with respect to 
both fine and imprisonment. 
"(B) 
ADDITIONAL 
PROVISIONS.—For 
the 
purpose 
of 
subparagraph (A) of this paragraph— 
"(i) in determining whether a defendant who is an 
individual knew that his conduct placed another person 
in imminent danger of death or serious bodily injury— 
State and local 
governments. 
33 use 1311, 
1312, 1316, 1317, 
1318, 1328, 1345. 
33 use 1342. 
33 use 1344. 
Hazardous 
materials. 
state and local 
governments. 
101 STAT. 44 
PUBLIC LAW 100-4—FEB. 4, 1987 
^ f 
:>0«r 
u 
">/-
I"- i ' '^u ';i 
Ol' 
-S^J.J 
Records. 
33 use 1362. 
"(I) the person is responsible only for actual 
awareness or actual belief that he possessed; and 
"(II) knowledge possessed by a person other than 
the defendant but not by the defendant himself 
may not be attributed to the defendant; 
except that in proving the defendant's possession of 
actual knowledge, circumstantial evidence may be 
used, including evidence that the defendant took 
affirmative steps to shield himself from relevant 
information; 
"(ii) it is an affirmative defense to prosecution that 
the conduct charged was consented to by the person 
endangered and that the danger and conduct charged 
were reasonably foreseeable hazards o
f
— 
"(I) an occupation, a business, or a profession; or 
"(II) medical treatment or medical or scientific 
, 
experimentation conducted by professionally ap-
proved methods and such other person had been 
made aware of the risks involved prior to giving 
consent; 
and such defense may be established under this 
subparagraph by a preponderance of the evidence; 
"(iii) the term 'organization' means a legal entity, 
' 
other than a government, established or organized for 
any purpose, and such term includes a corporation, 
'"' 
company, association, firm, partnership, joint stock 
company, foundation, institution, trust, society, union, 
or any other association of persons; and 
-' ' 
"(iv) the term 'serious bodily injury' means bodily 
injury which involves a substantial risk of death, 
' ' 
unconsciousness, extreme physical pain, protracted 
• • 
and obvious disfigurement, or protracted loss or impair-
ment of the function of a bodily member, organ, or 
mental faculty. 
"(4) FALSE STATEMENTS.—Any person who knowingly makes 
any false material statement, representation, or certification in 
any application, record, report, plan, or other document filed or 
required to be maintained under this Act or who knowingly 
falsifies, tampers with, or renders inaccurate any monitoring 
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 2 years, or by 
both. If a conviction of a person is for a violation committed 
after a first conviction of such person under this paragraph, 
punishment shall be by a fine of not more than $20,000 per day 
of violation, or by imprisonment of not more than 4 years, or by 
both. 
"(5) TREATMENT OF SINGLE OPERATIONAL UPSET.—For purposes 
of this subsection, a single operational upset which leads to 
simultaneous violations of more than one pollutant parameter 
shall be treated as a single violation. 
"(6) RESPONSIBLE CORPORATE OFFICER AS 'PERSON'.—For 
the 
purpose of this subsection, the term 'person' means, in addition 
to the definition contained in section 502(5) of this Act, any 
responsible corporate officer. 
"(7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of this 
subsection, the term 'hazardous substance' means (A) any sub-
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 45 
stance designated pursuant to section 311(b)(2)(A) of this Act, (B) 33 USC 1321. 
any element, compound, mixture, solution, or substance des-
ignated pursuant to section 102 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980, (C) 42 USC 9602. 
any hazardous waste having the characteristics identified under 
or listed pursuant to section 3001 of the Solid Waste Disposal 
Act (but not including any waste the regulation of which under 
42 USC 6921. 
the Solid Waste Disposal Act has been suspended by Act of 
Congress), (D) any toxic pollutant listed under section 307(a) of 
this Act, and (E) any imminently hazardous chemical substance 
33 USC 1317. 
or mixture with respect to which the Administrator has taken 
action pursuant to section 7 of the Toxic Substances Control 
Act.". 
SEC. 313. CIVIL PENALTIES. 
(a) VIOLATIONS OF PRETREATMENT REQUIREMENTS.— 
(1) GENERAL RULE.—Section 309(d) is amended by inserting 
", or any requirement imposed in a pretreatment program ap-
proved under section 402(a)(3) or 402(b)(8) of this Act," after 
"section 404 of this Act by a State,". 
(2) SAVINGS PROVISION.—No State shall be required before 
July 1, 1988, to modify a permit program approved or submitted 
under section 402 of the Federal Water Pollution Control Act as 
a result of the amendment made by paragraph (1). 
(b) INCREASED PENALTY.— 
(1) GENERAL RULE.—Section 309(d) is amended by striking out 
"$10,000 per day of such violation" and inserting in lieu thereof 
"$25,000 per day for each violation". 
(2) INCREASED PENALTIES NOT REQUIRED UNDER STATE PRO-
GRAMS.—The Federal Water Pollution Control Act shall not be 
construed as requiring a State to have a civil penalty for 
violations described in section 309(d) of such Act which has the 
same monetary amount as the civil penalty established by such 
section, as amended by paragraph (1). Nothing in this para-
' 
graph shall affect the Administrator's authority to establish or 
adjust by regulation a minimum acceptable State civil penalty. 
(c) FACTORS TO CONSIDER IN DETERMINING PENALTY AMOUNT.— 
Section 309(d) is amended by adding at the end thereof the following: 
"In determining the amount of a civil penalty the court shall 
consider the seriousness of the violation or violations, the economic 
benefit (if any) resulting from the violation, any history of such 
violations, any good-faith efforts to comply with the applicable 
requirements, the economic impact of the penalty on the violator, 
and such other matters as justice may require. For purposes of this 
subsection, a single operational upset which leads to simultaneous 
violations of more than one pollutant parameter shall be treated as 
a single violation.". 
(d) VIOLATIONS OF SECTION 404 PERMITS.—Section 404(s) is 
amended— 
(1) by striking out paragraph (4); 
^ 
(2) by redesignating paragraph (5) as paragraph (4); and 
(3) in paragraph (4), as so redesignated— 
^ 
(A) by striking out "$10,000 per day of such violation" 
and inserting in lieu thereof "$25,000 per day for each 
violation"; 
',,, .if 
(B) by adding at the end thereof the following: "In deter-
mining the amount of a civil penalty the court shall con-
15 USC 2606. 
33 USC 1319. 
33 USC 1342. 
33 USC 1344. 
State and local 
governments. 
33 USC 1319 
note. 
33 USC 1319 
note. 
33 USC 1251 
note. 
Courts, U.S. 
33 USC 1344. 
Courts, U.S. 
101 STAT. 46 
PUBLIC LAW 100-4—FEB. 4, 1987 
. 
'
< <c 
sider the seriousness of the violation or violations, the 
economic benefit (if any) resulting from the violation, any 
history of such violations, any good-faith efforts to comply 
:-' - ;'^:., 
with the applicable requirements, the economic impact of 
the penalty on the violator, and such other matters as 
justice may require.". 
SEC. 314. ADMINISTRATIVE PENALTIES. 
^^ 
33 use 1319. 
(a) GENERAL RULE.—Section 309 is amended by adding at the end 
thereof the following: 
"(g) ADMINISTRATIVE PENALTIES.— 
"(1) VIOLATIONS.—Whenever on the basis of any information 
• '• ^'' 
available— 
"(A) the Administrator finds that any person has violated 
33 use 1311, 
section 301, 302, 306, 307, 308, 318, or 405 of this Act, or has 
1318* 1328 1345 
violated any permit condition or limitation implementing 
any of such sections in a permit issued under section 402 of 
33 use 1342. 
this Act by the Administrator or by a State, or in a permit 
33 use 1344. 
issued under section 404 by a State, or 
"(B) the Secretary of the Army (hereinafter in this 
subsection referred to as the 'Secretary') finds that any 
person has violated any permit condition or limitation in a 
permit issued under section 404 of this Act by the 
Secretary, 
the Administrator or Secretary, as the case may be, may, after 
consultation with the State in which the violation occurs, assess 
a class I civil penalty or a class II civil penalty under this 
,^, 
^ 
subsection. 
..,. 
"(2) CLASSES OF PENALTIES.— 
fr ' 
' .. 
"(A) CLASS I.—The amount of a class I civil penalty under 
•'"''' 
paragraph (1) may not exceed $10,000 per violation, except 
that the maximum amount of any class I civil penalty 
under this subparagraph shall not exceed $25,000. Before 
issuing an order assessing a civil penalty under this 
subparagraph, the Administrator or the Secretary, as the 
/; j ,aj 
'} 
case may be, shall give to the person to be assessed such 
penalty written notice of the Administrator's or Secretary's 
proposal to issue such order and the opportunity to request, 
within 30 days of the date the notice is received by such 
person, a hearing on the proposed order. Such hearing shall 
not be subject to section 554 or 556 of title 5, United States 
Code, but shall provide a reasonable opportunity to be 
heard and to present evidence. 
^ 
"(B) CLASS II.—The amount of a class II civil penalty 
under paragraph (1) may not exceed $10,000 per day for 
each day during which the violation continues; except that 
j^fU : ;; ; 
*i 
the maximum amount of any class II civil penalty under 
this subparagraph shall not exceed $125,000. Except as 
otherwise provided in this subsection, a class II civil penalty 
shall be assessed and collected in the same manner, and 
subject to the same provisions, as in the case of civil pen-
alties assessed and collected after notice and opportunity 
for a hearing on the record in accordance with section 554 
of title 5, United States Code. The Administrator and the 
''^^ 
• Secretary may issue rules for discovery procedures for hear-
""" ' 
ings under this subparagraph. 
« 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 47 
"(3) DETERMINING AMOUNT.—In determining the amount of 
any penalty assessed under this subsection, the Administrator 
or the Secretary, as the case may be, shall take into account the 
nature, circumstances, extent and gravity of the violation, or 
violations, and, with respect to the violator, ability to pay, any 
prior history of such violations, the degree of culpability, eco-
nomic benefit or savings (if any) resulting from the violation, 
and such other matters as justice may require. For purposes of 
this subsection, a single operational upset which leads to si-
multaneous violations of more than one pollutant parameter 
shall be treated as a single violation. 
"(4) RIGHTS OF INTERESTED PERSONS.— 
"(A) PUBLIC NOTICE.—Before issuing an order assessing a 
civil penalty under this subsection the Administrator or 
Secretary, as the case may be, shall provide public notice of 
and reasonable opportunity to comment on the proposed 
issuance of such order. 
"(B) PRESENTATION OF EVIDENCE.—Any person who com-
ments on a proposed assessment of a penalty under this 
subsection shall be given notice of any hearing held under 
this subsection and of the order assessing such penalty. In 
any hearing held under this subsection, such person shall 
have a reasonable opportunity to be heard and to present 
evidence. 
"(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—If no 
hearing is held under paragraph (2) before issuance of an 
order assessing a penalty under this subsection, any person 
who commented on the proposed assessment may petition, 
within 30 days after the issuance of such order, the 
Administrator or Secretary, as the case may be, to set aside 
such order and to provide a hearing on the penalty. If the 
evidence presented by the petitioner in support of the 
petition is material and was not considered in the issuance 
of the order, the Administrator or Secretary shall imme-
diately set aside such order and provide a hearing in accord-
ance with paragraph (2)(A) in the case of a class I civil 
penalty and paragraph (2)(B) in the case of a class II civil 
penalty. If the Administrator or Secretary denies a hearing 
under this subparagraph, the Administrator or Secretary 
shall provide to the petitioner, and publish in the Federal 
Register, notice of and the reasons for such denial. 
"(5) FINALITY OF ORDER.—An order issued under this subsec-
tion shall become final 30 days after its issuance unless a 
petition for judicial review is filed under paragraph (8) or a 
hearing is requested under paragraph (4)(C). If such a hearing is 
denied, such order shall become final 30 days after such denial. 
"(6) EFFECT OF ORDER.— 
"(A) LIMITATION ON ACTIONS UNDER OTHER SECTIONS.— 
Action taken by the Administrator or the Secretary, as the 
case may be, under this subsection shall not affect or limit 
the Administrator's or Secretary's authority to enforce any 
provision of this Act; except that any violation— 
"(i) with respect to which the Administrator or the 
Secretary has commenced and is diligently prosecuting 
an action under this subsection, 
Federal 
Register, 
publication. 
101 STAT. 48 
PUBLIC LAW 100-4—FEB. 4, 1987 
State and local 
governments. 
33 u s e 1321, 
1365. 
33 u s e 1342, 
1344. 
Records. 
mi 
tjiiic a i: J "(ii) with respect to which a State has commenced 
and is diligently prosecuting an action under a State 
law comparable to this subsection, or 
"(iii) for which the Administrator, the Secretary, or 
the State has issued a final order not subject to further 
judicial review and the violator has paid a penalty 
assessed under this subsection, or such comparable 
State law, as the case may be, 
shall not be the subject of a civil penalty action under 
^y 
subsection (d) of this section or section 311(b) or section 505 
of this Act. 
"(B) APPLICABILITY OF LIMITATION WITH RESPECT TO CITI-
ZEN SUITS.—The limitations contained in subparagraph (A) 
on civil penalty actions under section 505 of this Act shall 
not apply with respect to any violation for which— 
"(i) a civil action under section 505(a)(1) of this Act 
has been filed prior to commencement of an action 
under this subsection, or 
" 
"(ii) notice of an alleged violation of section 505(a)(1) 
of this Act has been given in accordance with section 
505(b)(1)(A) prior to commencement of an action under 
this subsection and an action under section 505(aXl) 
with respect to such alleged violation is filed before the 
' 
120th day after the date on which such notice is given. 
"(7) EFFECT OF ACTION ON COMPLIANCE.—No action by 
the 
Administrator or the Secretary under this subsection shall 
affect any person's obligation to comply with any section of this 
Act or with the terms and conditions of any permit issued 
pursuant to section 402 or 404 of this Act. 
"(8) JUDICIAL REVIEW.—Any person against whom a civil pen-
alty is assessed under this subsection or who commented on the 
proposed assessment of such penalty in accordance with para-
graph (4) may obtain review of such assessment— 
"(A) in the case of assessment of a class I civil penalty, in 
the United States District Court for the District of Colum-
bia or in the district in which the violation is alleged to 
have occurred, or 
"(B) in the case of assessment of a class II civil penalty, in 
United States Court of Appeals for the District of Columbia 
Circuit or for any other circuit in which such person resides 
or transacts business, 
by filing a notice of appeal in such court within the 30-day 
period beginning on the date the civil penalty order is issued 
and by simultaneously sending a copy of such notice by certified 
mail to the Administrator or the Secretary, as the case may be, 
and the Attorney General. The Administrator or the Secretary 
shall promptly file in such court a certified copy of the record on 
which the order was issued. Such court shall not set aside or 
remand such order unless there is not substantial evidence in 
the record, taken as a whole, to support the finding of a 
violation or unless the Administrator's or Secretary's assess-
ment of the penalty constitutes an abuse of discretion and shall 
not impose additional civil penalties for the same violation 
unless the Administrator's or Secretary's assessment of the 
penalty constitutes an abuse of discretion. 
"(9) COLLECTION.—If any person fails to pay an assessment of 
a civil penalty— 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 49 
"(A) after the order making the assessment has become 
final, or 
*•' 
"(B) after a court in an action brought under paragraph 
(8) has entered a final judgment in favor of the Adminis-
trator or the Secretary, as the case may be, 
the Administrator or the Secretary shall request the Attorney 
General to bring a civil action in an appropriate district court to 
recover the amount assessed (plus interest at currently prevail-
ing rates from the date of the final order or the date of the final 
judgment, as the case may be). In such an action, the validity, 
amount, and appropriateness of such penalty shall not be sub-
ject to review. Any person who fails to pay on a timely basis the 
amount of an assessment of a civil penalty as described in the 
first sentence of this paragraph shall be required to pay, in 
addition to such amount and interest, attorneys fees and costs 
; 
for collection proceedings and a quarterly nonpayment penalty 
for each quarter during which such failure to pay persists. Such 
nonpayment penalty shall be in an amount equal to 20 percent 
of the aggregate amount of such person's penalties and 
nonpayment penalties which are unpaid as of the beginning of 
such quarter. 
"(10) SUBPOENAS.—The Administrator or Secretary, as the 
case may be, may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, 
books, or documents in connection with hearings under this 
subsection. In case of contumacy or refusal to obey a subpoena 
issued pursuant to this paragraph and served upon any person, 
' 
the district court of the United States for any district in which 
, 
such person is found, resides, or transacts business, upon ap-
plication by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person 
f 
to appear and give testimony before the administrative law 
judge or to appear and produce documents before the adminis-
trative law judge, or both, and any failure to obey such order of 
the court may be punished by such court as a contempt thereof. 
I.' 
"(11) PROTECTION OF EXISTING PROCEDURES.—Nothing in this 
;;., 
r ,,, 
subsection shall change the procedures existing on the day 
before the date of the enactment of the Water Quality Act of 
f 
1987 under other subsections of this section for issuance and 
enforcement of orders by the Administrator.". 
(b) REPORTS ON ENFORCEMENT MECHANISMS.—The Secretary of the 
33 USC 1375 
Army and the Administrator shall each prepare and submit a report note. 
to the Congress, not later than December 1, 1988, which shall 
examine and analyze various enforcement mechanisms for use by 
the Secretary or Administrator, as the case may be, including an 
administrative civil penalty mechanism. Each of such reports shall 
also include an examination, prepared in consultation with the 
Comptroller General, of the efficacy of the Secretary's or the 
Administrator's existing enforcement authorities and shall include 
recommendations for improvements in their operation. 
(c) CONFORMING AMENDMENT.—Section 505(a) is amended by 33 USC 1365. 
inserting "and section 309(g)(6)" after "Except as provided in subsec- 33 USC 1319. 
tion (b) of this section". 
SEC. 315. CLEAN LAKES. 
(a) ESTABLISHMENT AND SCOPE OF PROGRAM.—Section 314(a) is 33 USC 1324. 
amended to read as follows: 
101 STAT. 50 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 use 1315. 
State and local 
governments. 
Grants. 
33 use 1324. 
"(a) ESTABLISHMENT AND SCOPE OF PROGRAM.— 
"(1) STATE PROGRAM REQUIREMENTS.—Each State on a biennial 
basis shall prepare and submit to the Administrator for his 
approval— 
"(A) an identification and classification according to 
eutrophic condition of all publicly owned lakes in such 
State; 
"(B) a description of procedures, processes, and methods 
(including land use requirements), to control sources of 
pollution of such lakes; 
"(C) a description of methods and procedures, in conjunc-
tion with appropriate Federal agencies, to restore the qual-
ity of such lakes; 
"(D) methods and procedures to mitigate the harmful 
effects of high acidity, including innovative methods of 
neutralizing and restoring buffering capacity of lakes and 
methods of removing from lakes toxic metals and other 
toxic substances mobilized by high acidity; 
Y 
"(E) a list and description of those publicly owned lakes in 
such State for which uses are known to be impaired, includ-
,,,, 
ing those lakes which are known not to meet applicable 
water quality standards or which require implementation 
of control programs to maintain compliance with applicable 
standards and those lakes in which water quality has de-
teriorated as a result of high acidity that may reasonably be 
due to acid deposition; and 
"(F) an assessment of the status and trends of water 
quality in lakes in such State, including but not limited to, 
the nature and extent of pollution loading from point and 
nonpoint sources and the extent to which the use of lakes is 
impaired as a result of such pollution, particularly with 
respect to toxic pollution. 
"(2) SUBMISSION AS PART OF 305(b)(1) REPORT.—The informa-
tion required under paragraph (1) shall be included in the 
report required under section 305(b)(1) of this Act, beginning 
with the report required under such section by April 1, 1988. 
"(3) REPORT OF ADMINISTRATOR.—Not later than 180 days after 
^ *' receipt from the States of the biennial information required 
under paragraph (1), the Administrator shall submit to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on the status of water quality in 
lakes in the United States, including the effectiveness of the 
methods and procedures described in paragraph (1)(D). 
"(4) ELIGIBILITY REQUIREMENT.—Beginning after April 1, 1988, 
a State must have submitted the information required under 
paragraph (1) in order to receive grant assistance under this 
section.", 
(b) DEMONSTRATION PROGRAM.—Section 314 is amended by adding 
at the end thereof the following new subsections: 
"(d) DEMONSTRATION PROGRAM.— 
"(1) GENERAL REQUIREMENTS.—The Administrator is au-
thorized and directed to establish and conduct at locations 
throughout the Nation a lake water quality demonstration 
program. The program shall, at a minimum— 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 51 
"(A) develop cost effective technologies for the control of 
pollutants to preserve or enhance lake water quality while 
optimizing multiple lakes uses; 
"(B) control nonpoint sources of pollution which are 
contributing to the degradation of water quality in lakes; 
"(C) evaluate the feasibility of implementing regional 
consolidated pollution control strategies; 
"(D) demonstrate environmentally preferred techniques 
for the removal and disposal of contaminated 
lake 
sediments; 
"(E) develop improved methods for the removal of silt, 
stumps, aquatic growth, and other obstructions which 
impair the quality of lakes; 
"(F) construct and evaluate silt traps and other devices or 
equipment to prevent or abate the deposit of sediment in 
lakes; and 
"(G) demonstrate the costs and benefits of utilizing 
dredged material from lakes in the reclamation of despoiled 
land. 
"(2) GEOGRAPHICAL REQUIREMENTS.—Demonstration projects 
authorized by this subsection shall be undertaken to reflect a 
variety of geographical and environmental conditions. As a 
priority, the Administrator shall undertake demonstration 
projects at Lake Houston, Texas; Beaver Lake, Arkanseis; 
Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, 
New Jersey; Alcyon Lake, New Jersey; Gorton's Pond, Rhode 
Island; Lake Washington, Rhode Island; Lake Bomoseen, Ver-
mont; Sauk Lake, Minnesota; and Lake Worth, Texas. 
"(3) REPORTS.—The Administrator shall report annually to 
the Committee on Public Works and Transportation of the 
House of Representatives and the Committee on Environment 
and Public Works of the Senate on work undertaken pursuant 
to this subsection. Upon completion of the program authorized 
by this subsection, the Administrator shall submit to such 
committees a final report on the results of such program, along 
with recommendations for further measures to improve the 
water quality of the Nation's lakes. 
"(4) AUTHORIZATION OF APPROPRIATIONS.— 
"(A) IN GENERAL.—There is authorized to be appropriated 
to carry out this subsection not to exceed $40,000,000 for 
fiscal years beginning after September 30, 1986, to remain 
available until expended. 
"(B) SPECIAL AUTHORIZATIONS.— 
"(i) AMOUNT.—There is authorized to be appropriated 
to carry out subsection (b) with respect to subsection 
(a)(lXD) not to exceed $15,000,000 for fiscal years begin-
ning after September 30, 1986, to remain available 
until expended. 
"(ii) DISTRIBUTION OF FUNDS.—The Administrator 
shall provide for an equitable distribution of sums 
appropriated pursuant to this subparagraph among 
States carrying out approved methods and procedures. 
Such distribution shall be based on the relative needs 
of each such State for the mitigation of the harmful 
effects on lakes and other surface waters of high acidity 
that may reasonably be due to acid deposition or acid 
mine drainage. 
Texas. 
Arkansas. 
New Jersey. 
Rhode Island. 
Vermont. 
Minnesota. 
State and local 
governments. 
101 STAT. 52 
PUBLIC LAW 100-4—FEB. 4, 1987 
State and local 
governments. 
33 use 1314. 
State and local 
governments. 
33 use 1324. 
33 use 1329. 
; (.-,70 •i..:'<j'3 
to ioijijo? • -
* "(iii) 
GRANTS 
AS ADDITIONAL 
ASSISTANCE.—The 
'"i'dw cJ 
amount of any grant to a State under this subpara-
graph shall be in addition to, and not in lieu of, any 
other Federal financial assistance.". 
(c) LAKE RESTORATION GUIDANCE MANUAL.—Section 304(j) is 
amended to read as follows: 
"(j) LAKE RESTORATION GUIDANCE MANUAL.—The Administrator 
shall, within 1 year after the date of the enactment of the Water 
Quality Act of 1987 and biennially thereafter, publish and dissemi-
nate a lake restoration guidance manual describing methods, proce-
dures, and processes to guide State and local efforts to improve, 
restore, and enhance water quality in the Nation's publicly owned 
lakes.". 
(d) CONFORMING AMENDMENTS.—Section 314 is further amended— 
(1) in subsection (b) by striking out "this section" the first 
place it appears and inserting in lieu thereof "subsection (a) of 
this section"; 
(2) in subsection (c)(1) by striking out "this section" the first 
place it appears and inserting in lieu thereof "subsection (b) of 
this section" and by striking out "this section" the second place 
it appears and inserting in lieu thereof "subsection (a) of this 
section"; and 
(3) in subsection (c)(2) by striking out "this section" the first 
place it appears and inserting in lieu thereof "subsection (b) of 
this section" and by striking out "this section" the second place 
it appears and inserting in lieu thereof "subsection (a) of this 
section". 
SEC. 316. MANAGEMENT OF NONPOINT SOURCES OF POLLUTION. 
(a) IN GENERAL.—Title III is amended by adding at the end the 
following new section: 
"SEC. 
3
1
9
. 
NONPOINT 
SOURCE 
MANAGEMENT 
PROGRAMS. 
' 
"(a) STATE ASSESSMENT REPORTS.— 
"(1) CONTENTS.—The Governor of each State shall, after 
notice and opportunity for public comment, prepare and submit 
to the Administrator for approval, a report which— 
"(A) identifies those navigable waters within the State 
which, without additional action to control nonpoint 
sources of pollution, cannot reasonably be expected to 
attain or maintain applicable water quality standards or 
the goals and requirements of this Act; 
"(B) identifies those categories and subcategories of 
nonpoint 
sources 
or, where 
appropriate, 
particular 
nonpoint sources which add significant pollution to each 
portion of the navigable waters identified under subpara-
graph (A) in amounts which contribute to such portion not 
meeting such water quality standards or such goals and 
-^f>t 
requirements; 
"(C) describes the process, including intergovernmental 
coordination and public participation, for identifying best 
management practices and measures to control each cat-
egory and subcategory of nonpoint sources and, where 
appropriate, particular nonpoint sources identified under 
subparagraph (B) and to reduce, to the maximum extent 
m,. 
practicable, the level of pollution resulting from such cat-
egory, subcategory, or source; and 
1324. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 53 
"(D) identifies and describes State and local programs for 
controlling pollution added from nonpoint sources to, and 
improving the quality of, each such portion of the navigable 
waters, including but not limited to those programs which 
are receiving Federal assistance under subsections (h) and 
(i). 
"(2) INFORMATION USED IN PREPARATION.—In developing the 
report required by this section, the State (A) may rely upon 
information developed pursuant to sections 208, 303(e), 304(f), 
305(b), and 314, and other information as appropriate, and (B) 
33 USC 1288, 
may utilize appropriate elements of the waste treatment 
1^13,1314,1315, 
management plans developed pursuant to sections 208(b) and 
303, to the extent such elements are consistent with and fulfill 
the requirements of this section. 
, ;.\, 
'(b) STATE MANAGEMENT PROGRAMS.— 
"(1) IN GENERAL.—The Governor of each State, for that State 
or in combination with adjacent States, shall, after notice and 
opportunity for public comment, prepare and submit to the 
Administrator for approval a management program which such 
State proposes to implement in the first four fiscal years begin-
ning after the date of submission of such management program 
for controlling pollution added from nonpoint sources to the 
navigable waters within the State and improving the quality of 
such waters. 
"(2) SPECIFIC CONTENTS.—Each management program pro-
posed for implementation under this subsection shall include 
each of the following: 
"(A) An identification of the best management practices 
and measures which will be undertaken to reduce pollutant 
loadings resulting from each category, subcategory, or 
particular nonpoint source designated under paragraph 
(1)(B), taking into account the impact of the practice on 
i ' 
ground water quality. 
"(B) An identification of programs (including, as appro-
priate, nonregulatory or regulatory programs for enforce-
ment, technical assistance, financial assistance, education, 
training, technology transfer, and demonstration projects) 
to achieve implementation of the best management prac-
tices by the categories, subcategories, and particular 
,«:,: ' «f5 
nonpoint sources designated under subparagraph (A). 
"(C) A schedule containing annual milestones for (i) utili- 
> 
zation of the program implementation methods identified 
in subparagraph (B), and (ii) implementation of the best 
O
A 
management practices identified in subparagraph (A) by 
the categories, subcategories, or particular nonpoint sources 
designated under paragraph (IXB). Such schedule shall pro-
vide for utilization of the best management practices at the 
"
^ 
earliest practicable date. 
"(D) A certification of the attorney general of the State or 
States (or the chief attorney of any State water pollution 
control agency which has independent legal counsel) that 
the laws of the State or States, as the case may be, provide 
adequate authority to implement such management pro-
gram or, if there is not such adequate authority, a list of 
such additional authorities as will be necessary 
to 
implement such management program. A schedule and 
101 STAT. 54 
PUBLIC LAW 100-4—FEB. 4, 1987 
3 CFR, 1982 
Ck)mp., p. 197. 
Reports. 
State and local 
governments. 
33 use 1288. 
33 use 1285. 
,f, 
commitment by the State or States to seek such additional 
authorities as expeditiously as practicable. 
"(E) Sources of Federal and other assistance and funding 
(other than assistance provided under subsections (h) and 
J, 
(i)) which will be available in each of such fiscal years for 
supporting implementation of such practices and measures 
and the purposes for which such assistance will be used in 
each of such fiscal years. 
"(F) An identification of Federal financial assistance pro-
grams and Federal development projects for which the 
State will review individual assistance applications or 
development projects for their effect on water quality 
pursuant to the procedures set forth in Executive Order 
12372 as in effect on September 17, 1983, to determine 
whether such assistance applications or development 
_ 
projects would be consistent with the program prepared 
:' ' 
under this subsection; for the purposes of this subpara-
graph, identification shall not be limited to the assistance 
programs or development projects subject to Executive 
Order 12372 but may include any programs listed in the 
most recent Catalog of Federal Domestic Assistance which 
may have an effect on the purposes and objectives of the 
State's nonpoint source pollution management program. 
* 
"(3) UTILIZATION OF LOCAL AND PRIVATE EXPERTS.—In develop-
ing and implementing a management program under this 
subsection, a State shall, to the maximum extent practicable, 
involve local public and private agencies and organizations 
which have expertise in control of nonpoint sources of pollution. 
"(4) DEVELOPMENT ON WATERSHED BASIS.—A State shall, to the 
maximum extent practicable, develop and implement a manage-
ment program under this subsection on a watershed-by-water-
shed basis within such State. 
"(c) ADMINISTRATIVE PROVISIONS.— 
"(1) COOPERATION REQUIREMENT.—Any report required by 
subsection (a) and any management program and report re-
quired by subsection (b) shall be developed in cooperation with 
local, substate regional, and interstate entities which are ac-
tively planning for the implementation of nonpoint source 
pollution controls and have either been certified by the 
Administrator in accordance with section 208, have worked 
jointly with the State on water quality management planning 
under section 205(j), or have been designated by the State 
legislative body or Governor as water quality management 
planning agencies for their geographic areas. 
"(2) TIME PERIOD FOR SUBMISSION OF REPORTS AND MANAGE-
MENT PROGRAMS.—Each report and management program shall 
bie submitted to the Administrator during the 18-month period 
beginning on the date of the enactment of this section. 
"(d) APPROVAL OR DISAPPROVAL OF REPORTS AND MANAGEMENT 
PROGRAMS.— 
"(1) DEADLINE.—Subject to paragraph (2), not later than 180 
days after the date of submission to the Administrator of any 
report or management program under this section (other than 
subsections (h), (i), and (k)), the Administrator shall either 
approve or disapprove such report or management program, as 
the case may be. The Administrator may approve a portion of a 
^ management program under this subsection. If the Adminis-
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 55 
trator does not disapprove a report, management program, or 
portion of a management program in such 180-day period, such 
report, management program, or portion shall be deemed ap-
proved for purposes of this section. 
"(2) PROCEDURE FOR DISAPPROVAL.—If, after notice and oppor-
tunity for public comment and consultation with appropriate 
Federal and State agencies and other interested persons, the 
Administrator determines that— 
"(A) the proposed management program or any portion 
•-. ;' 
thereof does not meet the requirements of subsection (b)(2) 
^••'' ' 
of this section or is not likely to satisfy, in whole or in part, 
the goals and requirements of this Act; 
"(B) adequate authority does not exist, or adequate re-
sources are not available, to implement such program or 
portion; 
"(C) the schedule for implementing such program or 
portion is not sufficiently expeditious; or 
"(D) the practices and measures proposed in such pro-
gram or portion are not adequate to reduce the level of 
pollution in navigable waters in the State resulting from 
nonpoint sources and to improve the quality of navigable 
waters in the State; 
the Administrator shall within 6 months of the receipt of the 
proposed program notify the State of any revisions or modifica-
tions necessary to obtain approval. The State shall thereupon 
state and local 
have an additional 3 months to submit its revised management 
governments, 
program and the Administrator shall approve or disapprove 
such revised program within three months of receipt. 
"(3) FAILURE OF STATE TO SUBMIT REPORT.—If a Governor of a 
State does not submit the report required by subsection (a) 
within the period specified by subsection (c)(2), the Adminis-
trator shall, within 30 months after the date of the enactment of 
this section, prepare a report for such State which makes the 
identifications required by paragraphs (1)(A) and (1)(B) of 
subsection (a). Upon completion of the requirement of the 
preceding sentence and after notice and opportunity for com-
ment, the Administrator shall report to Congress on his actions 
pursuant to this section. 
"(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL ASSISTANCE.—If a 
State fails to submit a management program under subsection (b) or 
the Administrator does not approve such a management program, a 
local public agency or organization which has expertise in, and 
authority to, control water pollution resulting from nonpoint 
sources in any area of such State which the Administrator deter-
mines is of sufficient geographic size may, with approval of such 
State, request the Administrator to provide, and the Administrator 
shall provide, technical assistance to such agency or organization in 
developing for such area a management program which is described 
in subsection (b) and can be approved pursuant to subsection (d). 
After development of such management program, such agency or 
organization shall submit such management program to the 
Administrator for approval. If the Administrator approves such 
management program, such agency or organization shall be eligible 
to receive financial assistance under subsection (h) for implementa-
tion of such management program as if such agency or organization 
were a State for which a report submitted under subsection (a) and a 
i i 
management program submitted under subsection (b) were approved 
101 STAT. 56 
PUBLIC LAW 100-4—FEB. 4, 1987 
under this section. Such financial assistance shall be subject to the 
same terms and conditions as assistance provided to a State under 
subsection (h). 
"(f) TECHNICAL ASSISTANCE FOR STATES.—Upon request of a State, 
the Administrator may provide technical assistance to such State in 
developing a management program approved under subsection (b) 
for those portions of the navigable waters requested by such State. 
"(g) INTERSTATE MANAGEMENT CONFERENCE.— 
State and local 
"(1) CONVENING OF CONFERENCE; NOTIFICATION; PURPOSE.—If 
governments. 
any portion of the navigable waters in any State which is 
, ^ •: 
implementing a management program approved under this 
section is not meeting applicable water quality standards or the 
; j 
goals and requirements of this Act as a result, in whole or in 
tn 
part, of pollution from nonpoint sources in another State, such 
State may petition the Administrator to convene, and the 
rr 
Administrator shall convene, a management conference of all 
States which contribute significant pollution resulting from 
nonpoint sources to such portion. If, on the basis of information 
available, the Administrator determines that a State is not 
meeting applicable water quality standards or the goals and 
requirements of this Act as a result, in whole or in part, of 
significant pollution from nonpoint sources in another State, 
:'K * the Administrator shall notify such States. The Administrator 
may convene a management conference under this paragraph 
,,. • 
not later than 180 days after giving such notification, whether 
.- •^- 
>
•
_ 
or not the State which is not meeting such standards requests 
such conference. The purpose of such conference shall be to 
develop an agreement among such States to reduce the level of 
& ')•• pollution in such portion resulting from nonpoint sources and to 
improve the water quality of such portion. Nothing in such 
agreement shall supersede or abrogate rights to quantities of 
water which have been established by interstate water com-
pacts, Supreme Court decrees, or State water laws. This subsec-
tion shall not apply to any pollution which is subject to the 
Colorado River Basin Salinity Control Act. The requirement 
that the Administrator convene a management conference shall 
not be subject to the provisions of section 505 of this Act. 
"(2) STATE MANAGEMENT PROGRAM REQUIREMENT.—To the 
'" 
extent that the States reach agreement through such con-
ference, the management programs of the States which are 
parties to such agreements and which contribute significant 
pollution to the navigable waters or portions thereof not meet-
ing applicable water quality standards or goals and require-
ments of this Act will be revised to reflect such agreement. Such 
management programs shall be consistent with Federal and 
State law. 
State and local 
"(h) GRANT PROGRAM.— 
governments. 
"(1) GRANTS FOR IMPLEMENTATION OF MANAGEMENT PRO-
GRAMS.—Upon application of a State for which a report submit-
, ted under subsection (a) and a management program submitted 
under subsection (b) is approved 
under this section, the 
Administrator shall make grants, subject to such terms and 
conditions as the Administrator considers appropriate, under 
this subsection to such State for the purpose of assisting the 
State in implementing such management program. Funds re-
33 use 1285. 
served pursuant to section 205(j)(5) of this Act may be used to 
j.t¥t 
develop and implement such management program. 
|«, E,. ^ 
43 use 1571 
note. 
38 use 1365. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 57 
"(2) APPLICATIONS.—An application for a grant under this 
subsection in any fiscal year shall be in such form and shall 
contain such other information as the Administrator may re-
quire, including an identification and description of the best 
management practices and measures which the State proposes 
to assist, encourage, or require in such year with the Federal 
assistance to be provided under the grant. 
"(3) FEDERAL SHARE.—The Federal share of the cost of each 
management program implemented with Federal assistance 
under this subsection in any fiscal year shall not exceed 60 
percent of the cost incurred by the State in implementing such 
management program and shall be made on condition that the 
non-Federal share is provided from non-Federal sources. 
"(4) LIMITATION ON GRANT AMOUNTS.—Notwithstanding any 
other provision of this subsection, not more than 15 percent of 
the amount appropriated to carry out this subsection may be 
used to make grants to any one State, including any grants to 
any local public agency or organization with authority to con-
trol pollution from nonpoint sources in any area of such State. 
"(5) PRIORITY FOR EFFECTIVE MECHANISMS.—For each fiscal 
year beginning after September 30, 1987, the Administrator 
may give priority in making grants under this subsection, and 
shall give consideration in determining the Federal share of any 
such grant, to States which have implemented or are proposing 
to implement management programs which will— 
"(A) control particularly difficult or serious nonpoint 
source pollution problems, including, but not limited to, 
problems resulting from mining activities; 
"(B) implement innovative methods or practices for 
controlling 
nonpoint 
sources 
of pollution, 
including 
regulatory programs where the Administrator 
deems 
appropriate; 
"(C) control interstate nonpoint source pollution prob-
lems; or 
"(D) carry out ground water quality protection activities 
which the Administrator determines are part of a com-
prehensive nonpoint source pollution control program, 
including research, planning, ground water assessments, 
demonstration programs, enforcement, technical assistance, 
education, and training to protect ground water quality 
from nonpoint sources of pollution. 
"(6) AVAILABILITY FOR OBLIGATION.—The funds granted to 
each State pursuant to this subsection in a fiscal year shall 
remain available for obligation by such State for the fiscal year 
for which appropriated. The amount of any such funds not 
obligated by the end of such fiscal year shall be available to the 
Administrator for granting to other States under this subsection 
in the next fiscal year. 
"(7) LIMITATION ON USE OF FUNDS.—States may use funds from 
grants made pursuant to this section for financial assistance to 
persons only to the extent that such assistance is related to the 
costs of demonstration projects. 
"(8) SATISFACTORY PROGRESS.—No grant may be made under 
this subsection in any fiscal year to a State which in the 
preceding fiscal year received a grant under this subsection 
unless the Administrator determines that such State made 
/clafl 
Minerals and 
mining. 
Research and 
development. 
Education. 
101 STAT. 58 
PUBLIC LAW 100-4—FEB. 4, 1987 
Reports. 
Education. 
Science and 
technology. 
State and local 
governments. 
Research and 
development. 
Education. 
satisfactory progress in such preceding fiscal year in meeting 
the schedule specified by such State under subsection (b)(2). 
"(9) MAINTENANCE OF EFFORT.—No grant may be made to a 
State under this subsection in any fiscal year unless such State 
enters into such agreements with the Administrator as the 
Administrator may require to ensure that such State will main-
tain its aggregate expenditures from all other sources for pro-
grams for controlling pollution added to the navigable waters in 
such State from nonpoint sources and improving the quality of 
such waters at or above the average level of such expenditures 
in its two fiscal years preceding the date of enactment of this 
subsection 
"(10) REQUEST FOR INFORMATION.—The Administrator may 
request such information, data, and reports as he considers 
necessary to make the determination of continuing eligibility 
for grants under this section. 
"(11) REPORTING AND OTHER REQUIREMENTS.—Each State shall 
report to the Administrator on an annual basis concerning (A) 
its progress in meeting the schedule of milestones submitted 
pursuant to subsection (b)(2)(C) of this section, and (B) to the 
extent that appropriate information is available, reductions in 
nonpoint source pollutant loading and improvements in water 
quality for those navigable waters or watersheds within the 
State which were identified pursuant to subsection (aXl)(A) of 
this section resulting from implementation of the management 
program. 
"(12) LIMITATION ON ADMINISTRATIVE COSTS.—For purposes of 
this subsection, administrative costs in the form of salaries, 
overhead, or indirect costs for services provided and charged 
against activities and programs carried out with a grant under 
this subsection shall not exceed in any fiscal year 10 percent of 
the amount of the grant in such year, except that costs of 
implementing enforcement and regulatory activities, education, 
training, technical assistance, demonstration projects, and tech-
nology transfer programs shall not be subject to this limitation. 
'(i) GRANTS FOR PROTECTING GROUNDWATER QUALITY.— 
"(1) ELIGIBLE APPLICANTS AND ACTIVITIES.—Upon application 
of a State for which a report submitted under subsection (a) and 
a plan submitted under subsection (b) is approved under this 
section, the Administrator shall make grants under this subsec-
tion to such State for the purpose of assisting such State in 
carrying out groundwater quality protection activities which 
the Administrator determines will advance the State toward 
implementation of a comprehensive nonpoint source pollution 
control program. Such activities shall include, but not be 
limited to, research, planning, groundwater assessments, dem-
onstration 
programs, 
enforcement, 
technical 
assistance, 
education and training to protect the quality of groundwater 
and to prevent contamination of groundwater from nonpoint 
sources of pollution. 
"(2) APPLICATIONS.—An application for a grant under this 
subsection shall be in such form and shall contain such informa-
tion as the Administrator may require. 
"(3) FEDERAL SHARE; MAXIMUM AMOUNT.—The Federal share 
of the cost of assisting a State in carrying out groundwater 
protection activities in any fiscal year under this subsection 
shall be 50 percent of the costs incurred by the State in carrying 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 59 
out such activities, except that the maximum amount of Federal 
assistance which any State may receive under this subsection in 
any fiscal year shall not exceed $150,000. 
"(4) REPORT.—The Administrator shall include in each report 
transmitted under subsection (m) a report on the activities and 
programs implemented under this subsection during the preced-
ing fiscal year, 
"(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out subsections (h) and (i) not to exceed 
$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each 
of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991; 
except that for each of such fiscal years not to exceed $7,500,000 may 
be made available to carry out subsection (i). Sums appropriated 
pursuant to this subsection shall remain available until expended. 
"(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS WITH 
MANAGEMENT PROGRAMS.—The Administrator shall transmit to the 
Office of Management and Budget and the appropriate Federal 
departments and agencies a list of those assistance programs and 
development projects identified by each State under subsection 
(b)(2)(F) for which individual assistance applications and projects 
will be reviewed pursuant to the procedures set forth in Executive 
Order 12372 as in effect on September 17, 1983. Beginning not later 
than sixty days after receiving notification by the Administrator, 
each Federal department and agency shall modify existing regula-
tions to allow States to review individual development projects and 
assistance applications under the identified Federal assistance pro-
grams and shall accommodate, according to the requirements and 
definitions of Executive Order 12372, as in effect on September 17, 
1983, the concerns of the State regarding the consistency of such 
applications or projects with the State nonpoint source pollution 
management program. 
"(1) COLLECTION OF INFORMATION.—The Administrator shall collect 
and make available, through publications and other appropriate 
means, information pertaining to management practices and im-
plementation methods, including, but not limited to, (1) information 
concerning the costs and relative efficiencies of best management 
practices for reducing nonpoint source pollution; and (2) available 
data concerning the relationship between water quality and im-
plementation of various management practices to control nonpoint 
sources of pollution, 
"(m) REPORTS OF ADMINISTRATOR.— 
"(1) ANNUAL REPORTS.—Not later than January 1, 1988, and 
each January 1 thereafter, the Administrator shall transmit to 
the Committee on Public Works and Transportation of the 
House of Representatives and the Committee on Environment 
and Public Works of the Senate, a report for the preceding fiscal 
year on the activities and programs implemented under this 
>
. 
section and the progress made in reducing pollution in the 
navigable waters resulting from nonpoint sources and improv-
ing the quality of such waters. 
"(2) FINAL REPORT.—Not later than January 1, 1990, the 
Administrator shall transmit to Congress a final report on the 
activities carried out under this section. Such report, at a 
minimum, shall— 
"(A) describe the management programs being imple-
mented by the States by types and amount of affected 
navigable waters, categories and subcategories of nonpoint 
State and local 
governments. 
3 CFR, 1983 
Comp., p. 186. 
Regulations. 
101 STAT. 60 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 u s e 1251. 
33 use 1281. 
Grants. 
Ante, p. 52. 
33 use 1285. 
State and local 
governments. 
Ante, p. 52. 
fvt 
sources, and types of best management practices being 
fif ' 
implemented; 
"(B) describe the experiences of the States in adhering to 
schedules and implementing best management practices; 
"(C) describe the amount and purpose of grants awarded 
.' - 
, pursuant to subsections (h) and (i) of this section; 
"(D) identify, to the extent that information is available, 
the progress made in reducing pollutant loads and improv-
ing water quality in the navigable waters; 
"(E) indicate what further actions need to be taken to 
attain and maintain in those navigable waters (i) applicable 
water quality standards, and (ii) the goals and requirements 
of this Act; 
"(F) include recommendations of the Administrator 
concerning future programs (including enforcement pro-
grams) for controlling pollution from nonpoint sources; and 
"(G) identify the activities and programs of departments, 
agencies, and instrumentalities of the United States which 
are inconsistent with the management programs submitted 
by the States and recommend modifications so that such 
activities and programs are consistent with and assist the 
States in implementation of such management programs. 
"(n) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—Not less than 5 
percent of the funds appropriated pursuant to subsection (j) for any 
fiscal year shall be available to the Administrator to maintain 
personnel levels at the Environmental Protection Agency at levels 
which are adequate to carry out this section in such year.". 
(b) PoucY F
O
R CONTROL OF NONPOINT SOURCES OF POLLUTION.— 
Section 101(a) is amended by striking out "and" at the end of 
paragraph (5), by striking out the period at the end of paragraph (6) 
and inserting in lieu thereof "; and", and by adding at the end 
thereof the following: 
"(7) it is the national policy that programs for the control of 
nonpoint sources of pollution be developed and implemented in 
an expeditious manner so as to enable the goals of this Act to be 
met through the control of both point and nonpoint sources of 
pollution.". 
(c) EUGIBIUTY OF NONPOINT SOURCES.—The last sentence of sec-
tion 201(gXl) is amended by— 
(1) striking out "sentence," the first place it appears and 
inserting in lieu thereof "sentences,"; 
(2) inserting "(A)" after "October 1,1984, for"; and 
(3) inserting before "except that" the following: "and (B) any 
purpose for which a grant may be made under sections 319 (h) 
and (i) of this Act (including any innovative and alternative 
approaches for the control of nonpoint sources of pollution),". 
(d) RESERVATION OP FUNDS.—Section 205(j) is amended by adding 
at the end the following new pargigraph: 
"(5) NONPOINT SOURCE RESERVATION.—In addition to the sums 
reserved under pareigraph (1), the Administrator shall reserve 
each fiscal year for each State 1 percent of the sums allotted 
B 
and available for obligation to such State under this section for 
each fiscal year beginning on or after October 1, 1986, or 
$100,000, whichever is greater, for the purpose of carrying out 
section 319 of this Act. Sums so reserved in a State in any fiscal 
year for which such State does not request the use of such sums, 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 61 
Ante, p. 52; 33 
u s e 1288. 
33 u s e 1330 
note. 
to the extent such sums exceed $100,000, may be used by such 
State for other purposes under this title.". 
(e) CONFORMING AMENDMENT.—Section 304(k)(l) is amended by 33 use 1314 
inserting "and nonpoint source pollution management programs 
approved under section 319 of this Act" after "208 of this Act". 
SEC. 317. NATIONAL ESTUARY PROGRAM. 
(a) PURPOSES AND POLICIES.— 
(1) FINDINGS.—Congress finds and declares that— 
* • 
(A) the Nation's estuaries are of great importance for 
fish and wildlife resources and recreation and economic 
opportunity; 
(B) maintaining the health and ecological integrity of 
these estuaries is in the national interest; 
(C) increasing coastal population, development, and other 
,, ;., 
direct and indirect uses of these estuaries threaten their 
•itjK( 
health and ecological integrity; 
(D) long-term planning and management will contribute 
hi.,.: 
to the continued productivity of these areas, and will maxi-
mize their utility to the Nation; and 
(E) better coordination among Federal and State pro-
grams affecting estuaries will increase the effectiveness and 
efficiency of the national effort to protect, preserve, and 
restore these areas. 
(2) PURPOSES.—The purposes of this section are to— 
. 
(A) identify nationally significant estuaries that are 
threatened by pollution, development, or overuse; 
(B) promote comprehensive planning for, and conserva-
tion and management of, nationally significant estuaries; 
(C) encourage the preparation of management plans for 
estuaries of national significance; and 
(D) enhance the coordination of estuarine research. 
(b) MANAGEMENT PROGRAM.—Title III is amended by adding at the 
end thereof the following new section: 
"SEC. 320. NATIONAL ESTUARY PROGRAM. 
"(a) MANAGEMENT CONFERENCE.— 
"(1) NOMINATION OF ESTUARIES.—The Governor of any State 
may nominate to the Administrator an estuary lying in whole 
or in part within the State as an estuary of national significance 
and request a management conference to develop a comprehen-
sive management plan for the estuary. The nomination shall 
document the need for the conference, the likelihood of success, 
and information relating to the factors in paragraph (2). 
"(2) CONVENING OF CONFERENCE.— 
"(A) IN GENERAL.—In any case where the Administrator 
determines, on his own initiative or upon nomination of a 
State under paragraph (1), that the attainment or mainte-
nance of that water quality in an estuary which assures 
protection of public water supplies and the protection and 
propagation of a balanced, indigenous population of shell-
fish, fish, and wildlife, and allows recreational activities, in 
and on the water, requires the control of point and 
nonpoint sources of pollution to supplement existing con-
!.>rr 
trols of pollution in more than one State, the Administrator 
shall select such estuary and convene a management 
conference. 
33 u s e 1330. 
State and local 
governments. 
Fish and fishing. 
Wildlife. 
101 STAT. 62 
PUBLIC LAW 100-4—FEB. 4, 1987 
New York. 
4,js 
"(B) PRIORITY CONSIDERATION.—The Administrator shall 
Connecticut. 
' '"' 
give priority consideration under this section to Long Island 
Klchusetts 
Sound, New York and Connecticut; Narragansett Bay, 
Washington. 
Rhode Island; Buzzards Bay, Massachusetts; Puget Sound, 
New Jersey. 
Washington; New York-New Jersey Harbor, New York and 
Delaw^e. 
New Jersey; Delaware Bay, Delaware and New Jersey; 
Florida 
"^' 
Delaware Inland Bays, Delaware; Albemarle Sound, North 
California. 
Carolina; Sarasota Bay, Florida; San Francisco Bay, Califor-
Texas. 
nia; and Galveston Bay, Texas. 
"(3) BOUNDARY DISPUTE EXCEPTION.—In any case in which a 
boundary between two States passes through an estuary and 
such boundary is disputed and is the subject of an action in any 
''! 
court, the Administrator shall not convene a management con-
ference with respect to such estuary before a final adjudication 
has been made of such dispute. 
"(b) PURPOSES OF CONFERENCE.—The purposes of any management 
conference convened with respect to an estuary under this subsec-
tion shall be to— 
"(1) assess trends in water quality, natural resources, and 
uses of the estuary; 
"(2) collect, characterize, and assess data on toxics, nutrients, 
and natural resources within the estuarine zone to identify the 
causes of environmental problems; 
"(3) develop the relationship between the inplace loads and 
point and nonpoint loadings of pollutants to the estuarine zone 
and the potential uses of the zone, water quality, and natural 
resources; 
"(4) develop a comprehensive conservation and management 
plan that recommends priority corrective actions and compli-
ance schedules addressing point and nonpoint sources of pollu-
tion to restore and maintain the chemical, physical, and 
biological integrity of the estuary, including restoration and 
maintenance of water quality, a balanced indigenous population 
of shellfish, fish and wildlife, and recreational activities in the 
,}-. ^ 
., 
estuary, and assure that the designated uses of the estuary are 
protected; 
*' 
"(5) develop plans for the coordinated implementation of the 
plan by the States as well as Federal and local agencies partici-
pating in the conference; 
"(6) monitor the effectiveness of actions taken pursuant to the 
plan; and 
"(7) review all Federal financial assistance programs and 
Federal development projects in accordance with the re-
quirements of Executive Order 12372, as in effect on Septem-
3 CFR, 1982 
ber 17, 1983, to determine whether such assistance program or 
Comp., p. 197. 
project would be consistent with and further the purposes and 
objectives of the plan prepared under this section. 
For purposes of paragraph (7), such programs and projects shall not 
be limited to the assistance programs and development projects 
subject to Executive Order 12372, but may include any programs 
listed in the most recent Catalog of Federal Domestic Assistance 
which may have an effect on the purposes and objectives of the plan 
developed under this section. 
"(c) MEMBERS OF CONFERENCE.—The members of a management 
conference convened under this section shall include, at a minimum, 
the Administrator and representatives of^ 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 63 
"(1) each State and foreign nation located in whole or in part 
in the estuarine zone of the estuary for which the conference is 
convened; 
"(2) international, interstate, or regional agencies or entities 
having jurisdiction over all or a significant part of the estuary; 
"(3) each interested Federal agency, as determined appro-
priate by the Administrator; 
"(4) local governments having jurisdiction over any land or 
water within the estuarine zone, as determined appropriate by 
the Administrator; and 
"(5) affected industries, public and private educational institu-
tions, and the general public, as determined appropriate by the 
Administrator. 
"(d) UTILIZATION OF EXISTING DATA.—In developing a conservation 
and management plan under this section, the management con-
ference shall survey and utilize existing reports, data, and studies 
relating to the estuary that have been developed by or made avail-
able to Federal, interstate. State, and local agencies. 
"(e) PERIOD OF CONFERENCE.—A management conference convened 
under this section shall be convened for a period not to exceed 5 
years. Such conference may be extended by the Administrator, and 
if terminated after the initial period, may be reconvened by the 
Administrator at any time thereafter, as may be necessary to meet 
the requirements of this section. 
"(f) APPROVAL AND IMPLEMENTATION OF PLANS.— 
"(1) APPROVAL.—Not later than 120 days after the completion 
of a conservation and management plan and after providing for 
public review and comment, the Administrator shall approve 
such plan if the plan meets the requirements of this section and 
the affected Governor or Governors concur. 
"(2) IMPLEMENTATION.—Upon approval of a conservation and 
management plan under this section, such plan shall be imple-
mented. Funds authorized to be appropriated under titles II and 
VI and section 319 of this Act may be used in accordance with 
the applicable requirements of this Act to assist States with the 
implementation of such plan. 
"(g) GRANTS.— 
"(1) RECIPIENTS.—The Administrator is authorized to make 
grants to State, interstate, and regional water pollution control 
agencies and entities, State coastal zone management agencies, 
interstate agencies, other public or nonprofit private agencies, 
institutions, organizations, and individuals. 
"(2) PURPOSES.—Grants under this subsection shall be made to 
pay for assisting research, surveys, studies, and modeling and 
other technical work necessary for the development of a con-
servation and management plan under this section. 
"(3) FEDERAL SHARE.—The amount of grants to any person 
(including a State, interstate, or regional agency or entity) 
under this subsection for a fiscal year shall not exceed 75 
percent of the costs of such research, survey, studies, and work 
and shall be made on condition that the non-Federal share of 
such costs are provided from non-Federal sources. 
"(h) GRANT REPORTING.—Any person (including a State, inter-
state, or regional agency or entity) that receives a grant under 
subsection (g) shall report to the Administrator not later than 18 
months after receipt of such grant and biennially thereafter on the 
progress being made under this section. 
Conservation. 
State and local 
governments. 
33 u s e 1281; 
ante, p. 52. 
State and local 
governments. 
101 STAT. 64 
PUBLIC LAW 100-4—FEB. 4, 1987 
"(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Administrator not to exceed $12,000,000 per 
fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991 
for— 
"(1) expenses related to the administration of management 
conferences under this section, not to exceed 10 percent of the 
amount appropriated under this subsection; 
"(2) making grants under subsection (g); and 
"(3) monitoring the implementation of a conservation and 
management plan by the management conference or by the 
Administrator, in any case in which the conference has been 
terminated. 
The Administrator shall provide up to $5,000,000 per fiscal year of 
the sums authorized to be appropriated under this subsection to the 
If 
Administrator of the National Oceanic and Atmospheric Adminis-
tration to carry out subsection (j). 
"(j) RESEARCH.— 
"(1) PROGRAMS.—In order to determine the need to convene a 
management conference under this section or at the request of 
such a management conference, the Administrator shall coordi-
nate and implement, through the National Marine Pollution 
Program Office and the National Marine Fisheries Service of 
the National Oceanic and Atmospheric Administration, as 
appropriate, for one or more estuarine zones— 
"(A) a long-term program of trend assessment monitoring 
0/ « 
measuring variations in pollutant concentrations, marine 
ecology, and other physical or biological environmental 
parameters which may affect estuarine zones, to provide 
hiii, 
the Administrator the capacity to determine the potential 
and actual effects of alternative management strategies 
and measures; 
"(B) a program of ecosystem assessment assisting in the 
development of (i) baseline studies which determine the 
,.^f »•'.^^•. 
state of estuarine zones and the effects of natural and 
*
' •
• 
-
.
^ 
anthropogenic changes, and (ii) predictive models capable of 
translating information on specific discharges or general 
^ 
pollutant loadings within estuarine zones into a set of 
tt" 
• 'i -
- 
probable effects on such zones; 
"(C) a comprehensive water quality sampling program for 
the continuous monitoring of nutrients, chlorine, acid 
precipitation dissolved oxygen, and potentially toxic pollut-
ants (including organic chemicals and metals) in estuarine 
. ,i ':) 
zones, after consultation with interested State, local, inter-
- 
state, or international agencies and review and analysis of 
all environmental sampling data presently collected from 
estuarine zones; and 
no? 
"(D) a program of research to identify the movements of 
nutrients, sediments and pollutants through estuarine 
zones and the impact of nutrients, sediments, and pollut-
ants on water quality, the ecosystem, and designated or 
potential uses of the estuarine zones. 
"(2) REPORTS.—The Administrator, in cooperation with the 
Administrator of the National Oceanic and Atmospheric 
Administration, shall submit to the Congress no less often than 
biennially a comprehensive report on the activities authorized 
under this subsection including— 
"(A) a listing of priority monitoring and research needs; 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 65 
iv, 
"(B) an assessment of the state and health of the Nation's 
estuarine zones, to the extent evaluated under this 
.,> j^ 
subsection; 
' 
' 
"(C) a discussion of pollution problems and trends in 
'. 
f 
pollutant concentrations with a direct or indirect effect on 
water quality, the ecosystem, and designated or potential 
uses of each estuarine zone, to the extent evaluated under 
this subsection; and 
"(D) an evaluation of pollution abatement activities and 
management measures so far implemented to determine 
the degree of improvement toward the objectives expressed 
f^rtV'. 
f' 
jjj subsection (b)(4) of this section. 
"(k) DEFINITIONS.—For purposes of this section, the terms 'estu-
ary' and 'estuarine zone' have the meanings such terms have in 
section 104(n)(4) of this Act, except that the term 'estuarine zone' 33 USC 1254. 
shall also include associated aquatic ecosystems and those portions 
of tributaries draining into the estuary up to the historic height of 
migration of anadromous fish or the historic head of tidal influence, 
-«^ 
whichever is higher.". 
SEC. 
318. 
UNCONSOLIDATED 
QUATERNARY 
AQUIFER. 
Notwithstanding any other provision of law, no person may— New Jersey. 
(1) locate or authorize the location of a landfill, surface 
impoundment, waste pile, injection well, or land treatment 
facility over the Unconsolidated Quaternary Aquifer, or the 
recharge zone or streamflow source zone of such aquifer, in the 
fi 
Rockaway River Basin, New Jersey (as such aquifer and zones 
are described in the Federal Register, January 24, 1984, pages 
2946-2948); or 
49 FR 2946-2948. 
(2) place or authorize the placement of solid waste in a 
landfill, surface impoundment, waste pile, injection well, or 
land treatment facility over such aquifer or zone. 
This section may be enforced under sections 309 (a) and (b) of the 
Federal Water Pollution Control Act. For purposes of section 309(c) 33 USC 1319. 
of such Act, a violation of this section shall be considered a violation 
of section 301 of the Federal Water Pollution Control Act. 
33 USC 1311. 
TITLE IV—PERMITS AND LICENSES 
SEC. 401. STORMWATER RUNOFF FROM OIL. GAS, A
N
D MINING OPER-
ATIONS. 
(a) LIMITATION ON PERMIT REQUIREMENT.—Section 402(1) is 33 use 1342. 
amended by inserting "(1) AGRICULTURAL RETURN FLOWS.—" before 
"The Administrator" and by adding at the end thereof the following: 
"(2) STORM 
WATER RUNOFF FROM OIL, GAS, AND MINING OPER- State and local 
ATiONS.—The Administrator shall not require a permit under governments, 
this section, nor shall the Administrator directly or indirectly 
require any State to require a permit, for discharges of 
S: stormwater runoff from mining operations or oil and gas explo-
ration, production, processing, or treatment operations or trans-
r 
mission facilities, composed entirely of flows which are from 
f 
conveyances or systems of conveyances (including but not lim-
ited to pipes, conduits, ditches, and channels) used for collecting 
-; and conveying precipitation runoff and which are not contami 
nated by contact with, or do not come into contact with, any 
overburden, raw material, intermediate products, finished prod-
101 STAT. 66 
PUBLIC LAW 100-4—FEB. 4, 1987 
* uct, byproduct, or waste products located on the site of such 
operations.". 
33 use 1342. 
(b) 
CONFORMING 
AMENDMENTS.—Section 
402(1) 
is 
further 
Ante, p. 65. 
amended— 
(1) by inserting "LIMITATION ON PERMIT REQUIREMENT.—" 
after "(1)"; and 
(2) by indenting paragraph (1) of such section, as designated 
by subsection (a) of this section, and aligning such paragraph 
with paragraph (2) of such section, as added by such subsection 
(a). 
SEC. 402. ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS 
NOT REQUIRED. 
Section 402 is amended by adding at the end thereof the following 
,*^^;r :;^U I;* new subsection: 
"(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS 
NOT REQUIRED.—To the extent a treatment works (as defined in 
33 use 1292. 
section 212 of this Act) which is publicly owned is not meeting the 
requirements of a permit issued under this section for such treat-
ment works as a result of inadequate design or operation of such 
treatment works, the Administrator, in issuing a permit under this 
YK ' ' 
section, shall not require pretreatment by a person introducing 
conventional pollutants identified pursuant to section 304(a)(4) of 
33 use 1314. 
this Act into such treatment works other than pretreatment re-
quired to assure compliance with pretreatment standards under 
33 use 1317. 
subsection (b)(8) of this section and section 307(b)(1) of this Act. 
Nothing in this subsection shall affect the Administrator's authority 
33 use 1319. 
under sections 307 and 309 of this Act, affect State and local 
33 use 1370. 
authority under sections 307(b)(4) and 510 of this Act, relieve such 
treatment works of its obligations to meet requirements established 
under this Act, or otherwise preclude such works from pursuing 
whatever feasible options are available to meet its responsibility to 
comply with its permit under this section.". 
SEC. 403. PARTIAL NPDES PROGRAM. 
Supra. 
Co ;; 
(a) PARTIAL PERMIT PROGRAM.—Section 402 is amended by adding 
at the end the following: 
"(n) PARTIAL PERMIT PROGRAM.— 
"(1) STATE SUBMISSION.—The Governor of a State may submit 
under subsection (b) of this section a permit program for a 
•
^ portion of the discharges into the navigable waters in such 
State. 
: >3 
"^2) MINIMUM COVERAGE.—A partial permit program under 
this subsection shall cover, at a minimum, administration of a 
major category of the discharges into the navigable waters of 
the State or a major component of the permit program required 
by subsection (b). 
"(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve a partial permit pro-
gram covering administration of a major category of discharges 
under this subsection i
f
— 
"(A) such program represents a complete permit program 
and covers all of the discharges under the jurisdiction of a 
department or agency of the State; and 
"(B) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the 
State program required by subsection (b). 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 67 
"(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve under this subsection 
a partial and phased permit program covering administration of 
' 
a major component (including discharge categories) of a State 
permit program required by subsection (b) i
f
— 
"(A) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the 
State program required by subsection (b); and 
"(B) the State submits, and the Administrator approves, a 
'" 
plan for the State to assume administration by phases of 
the remainder of the State program required by subsection 
(b) by a specified date not more than 5 years after submis-
sion of the partial program under this subsection and 
agrees to make all reasonable efforts to assume such 
administration by such date.". 
(b) RETURN OF STATE PERMIT PROGRAM TO ADMINISTRATOR.— 
(1) IN GENERAL.—Section 402(c) is amended by adding at the 33 USC 1342. 
end thereof the following new paragraph: 
"(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND 
WITHDRAWALS.—A State may return to the Administrator 
administration, and the Administrator may withdraw under 
paragraph (3) of this subsection approval, o
f
— 
"(A) a State partial permit program approved under 
subsection (n)(3) only if the entire permit program being 
Ante, p. 66. 
administered by the State department or agency at the time 
is returned or withdrawn; and 
"(B) a State partial permit program approved under 
subsection (n)(4) only if an entire phased component of the 
permit program being administered by the State at the 
time is returned or withdrawn.". 
(2) CONFORMING AMENDMENT.—Section 402(c)(1) is amended 
by striking out "as to those navigable waters" and inserting in 
lieu thereof "as to those discharges". 
SEC. 404. ANTI-BACKSLIDING. 
(a) GENERAL RULE.—Section 402 is amended by adding at the end 
Ante, p. 66. 
thereof the following new subsection: 
"(o) ANTI-BACKSLIDING.— 
"(1) GENERAL PROHIBITION.—In the case of effluent limitations 
established on the basis of subsection (a)(1)(B) of this section, a 
permit may not be renewed, reissued, or modified on the basis of 
effluent guidelines promulgated under section 3040t>) subsequent 
33 USC 1314. 
to the original issuance of such permit, to contain effluent 
s 
limitations which are less stringent than the comparable efflu-
ent limitations in the previous permit. In the case of effluent 
- 
limitations established on the basis of section 301(b)(1)(C) or 33 USC 1311. 
section 303 (d) or (e), a permit may not be renewed, reissued, or 33 USC 1313. 
? • 
modified to contain effluent limitations which are less stringent 
than the comparable effluent limitations in the previous permit 
except in compliance with section 303(d)(4). 
"(2) EXCEPTIONS.—A permit with respect to which paragraph Pollution. 
(1) applies may be renewed, reissued, or modified to contain a 
less stringent effluent limitation applicable to a pollutant i
f
— 
"(A) material and substantial alterations or additions to 
the permitted facility occurred after permit issuance which 
justify the application of a less stringent effluent limitation; 
101 STAT. 68 
PUBLIC LAW 100-4—FEB. 4, 1987 
"(B)(i) information is available which was not available at 
(H 
the time of permit issuance (other than revised regulations, 
TO 
guidance, or test methods) and which would have justified 
M 
the application of a less stringent effluent limitation at the 
time of permit issuance; or 
-otq h 
"(ii) the Administrator determines that technical mis-
^Jtij lo takes or mistaken interpretations of law were made in 
issuing the permit under subsection (a)(1)(B); 
a ,g c 
"(C) a less stringent effluent limitation is necessary be-
te 
cause of events over which the permittee has no control and 
I-" 
for which there is no reasonably available remedy; 
"(D) the permittee has received a permit modification 
Ante, pp. 30, 35; 
under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or 
33 use 1326. 
^_ , 
316(a); or 
"(E) the permittee has installed the treatment facilities 
required to meet the effluent limitations in the previous 
•*-SI /ajg:; 
ffdt JB permit and has properly operated and maintained the 
facilities but has nevertheless been unable to achieve the 
c-y, h 
previous effluent limitations, in which case the limitations 
l
U 
in the reviewed, reissued, or modified permit may reflect 
:3;j- 
the level of pollutant control actually achieved (but shall 
not be less stringent than required by effluent guidelines in 
^e*- 
effect at the time of permit renewal, reissuance, or 
:,\Ak 
,/ 
modification). 
i- Subparagraph (B) shall not apply to any revised waste load 
allocations or any alternative grounds for translating water 
: quality standards into effluent limitations, except where the 
cumulative effect of such revised allocations results in a de-
• i crease in the amount of pollutants discharged into the con-
cerned waters, and such revised allocations are not the result of 
lyp a discharger eliminating or substantially reducing its discharge 
( 
of pollutants due to complying with the requirements of this Act 
or for reasons otherwise unrelated to water quality. 
"(3) LIMITATIONS.—In no event may a permit with respect to 
which paragraph (1) applies be renewed, reissued, or modified to 
•".«! •Aifc. bi' contain an effluent limitation which is less stringent than 
required by effluent guidelines in effect at the time the permit 
is renewed, reissued, or modified. In no event may such a permit 
«!* to discharge into waters be renewed, reissued, or modified to 
V 
contain a less stringent effluent limitation if the implementa-
'Uf tion of such limitation would result in a violation of a water 
33 use 1313. 
quality standard under section 303 applicable to such waters.". 
(b) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.— 
Section 303(d) of the Act is amended by adding at the end thereof 
the following new paragraph: 
^ • 
"(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITA-
: , • 
\ . 
TIONS.— 
"(A) STANDARD NOT ATTAINED.—For waters identified 
; f 
under paragraph (1)(A) where the applicable water quality 
standard has not yet been attained, any effluent limitation 
. "'/) 
rL' < 5 
based on a total maximum daily load or other waste load 
allocation established under this section may be revised 
only if (i) the cumulative effect of all such revised effluent 
i 
limitations based on such total maximum daily load or 
waste load allocation will assure the attainment of such 
water quality standard, or (ii) the designated use which is 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 69 
not being attained is removed in accordance with regula-
tions established under this section. 
"(B) STANDARD ATTAINED.—For waters identified under 
paragraph (1)(A) where the quality of such waters equals or 
"' 
" exceeds levels necessary to protect the designated use for 
-' such waters or otherwise required by applicable water qual-
ity standards, any effluent limitation based on a total 
maximum daily load or other waste load allocation estab-
lished under this section, or any water quality standard 
established under this section, or any other permitting 
standard may be revised only if such revision is subject to 
and consistent with the antidegradation policy established 
under this section.". 
(c) STUDY.—The Administrator shall study— 
(1) the extent to which States have reviewed, revised, and 
adopted water quality standards in accordance with section 24 
of the Municipal Wastewater Treatment Construction Grant 
Amendments of 1981; and 
(2) the extent to which modifications of permits issued under 
section 402(a)(1)(B) of the Federal Water Pollution Control Act 
for the purpose of reflecting any revisions to water quality 
standards should be encouraged or discouraged. 
The Administrator shall submit a report on such study, together 
with recommendations, to Congress not later than 2 years after the 
date of the enactment of this Act. 
(d) CONFORMING AMENDMENT.—Section 402(a)(1) is amended by 
inserting "(A)" after "either" and by inserting "(B)" after "this Act, 
or". 
SEC. 405. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES. 
Section 402 is amended by adding at the end thereof the following 
new subsection: 
"(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.— 
"(1) GENERAL RULE.—Prior to October 1, 1992, the Adminis-
trator or the State (in the case of a permit program approved 
under section 402 of this Act) shall not require a permit under 
this section for discharges composed entirely of stormwater. 
"(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect 
to the following stormwater discharges: 
"(A) A discharge with respect to which a permit has been 
'
*
* ' ' 
issued under this section before the date of the enactment 
^ 
of this subsection. 
f
^ ' 
"(B) A discharge associated with industrial activity. 
"(C) A discharge from a municipal separate storm sewer 
system serving a population of 250,000 or more. 
"(D) A discharge from a municipal separate storm sewer 
: 
system serving a population of 100,000 or more but less 
:" 
, than 250,000. 
"(E) A discharge for which the Administrator or the 
State, as the case may be, determines that the stormwater 
discharge contributes to a violation of a water quality 
standard or is a significant contributor of pollutants to 
waters of the United States. 
'' 
"(3) PERMIT REQUIREMENTS.— 
"(A) INDUSTRIAL DISCHARGES.—Permits for discharges 
associated with industrial activity shall meet all applicable 
provisions of this section and section 301. 
33 u s e 1375 
note. 
State and local 
governments. 
33 u s e 1313a. 
33 u s e 1342. 
Reports. 
33 u s e 1342. 
State and local 
governments. 
33 u s e 1311. 
101 STAT. 70 
PUBLIC LAW 100-4—FEB. 4, 1987 
:t'/,siK 
Regulations. 
Regulations. 
Reports. 
Reports. 
State and local 
governments. 
"(B) MUNICIPAL DISCHARGE.—Permits for discharges from 
municipal storm sewers— 
"(i) may be issued on a system- or jurisdiction-wide 
basis; 
"(ii) shall include a requirement to effectively pro-
hibit non-stormwater discharges into the storm sewers; 
and 
"(iii) shall require controls to reduce the discharge of 
pollutants to the maximum extent practicable, includ-
ing management practices, control techniques and 
system, design and engineering methods, and such 
other provisions as the Administrator or the State 
determines 
appropriate 
for 
the 
control 
of such 
pollutants. 
"(4) PERMIT APPLICATION REQUIREMENTS.— 
"(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—Not 
later than 2 years after the date of the enactment of this 
subsection, the Administrator shall establish regulations 
setting forth the permit application requirements for 
stormwater discharges described in paragraphs (2XB) and 
(2)(C). Applications for permits for such discharges shall be 
filed no later than 3 years after such date of enactment. Not 
later than 4 years after such date of enactment, the 
( 
Administrator or the State, as the case may be, shall issue 
or deny each such permit. Any such permit shall provide 
for compliance as expeditiously as practicable, but in no 
event later than 3 years after the date of issuance of such 
permit. 
"(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4 
years after the date of the enactment of this subsection, the 
Administrator shall establish regulations setting forth the 
permit application requirements for stormwater discharges 
described in paragraph (2)(D). Applications for permits for 
n 
such discharges shall be filed no later than 5 years after 
such date of enactment. Not later than 6 years after such 
date of enactment, the Administrator or the State, as the 
case may be, shall issue or deny each such permit. Any such 
permit shall provide for compliance as expeditiously as 
practicable, but in no event later than 3 years after the date 
of issuance of such permit. 
"(5) STUDIES.—The Administrator, in consultation with the 
States, shall conduct a study for the purposes o
f
— 
"(A) identifying those stormwater discharges or classes of 
stormwater discharges for which permits are not required 
pursuant to paragraphs (1) and (2) of this subsection; 
"(B) determining, to the maximum extent practicable, the 
nature and extent of pollutants in such discharges; and 
"(C) establishing procedures and methods to control 
stormwater discharges to the extent necessary to mitigate 
impacts on water quality. 
Not later than October 1, 1988, the Administrator shall submit 
to Congress a report on the results of the study described in 
subparagraphs (A) and (B). Not later than October 1, 1989, the 
Administrator shall submit to Congress a report on the results 
of the study described in subparagraph (C). 
"(6) REGULATIONS.—Not later than October 1, 1992, the 
Administrator, in consultation with State and local officials, 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 71 
'- shall issue regulations (based on the results of the studies 
conducted under paragraph (5)) which designate stormwater 
discharges, other than those discharges described in paragraph 
(2), to be regulated to protect water quality and shall establish a 
comprehensive program to regulate such designated sources. 
The program shall, at a minimum, (A) establish priorities, (B) 
establish requirements for State stormwater management pro-
grams, and (C) establish expeditious deadlines. The program 
may include performance standards, guidelines, guidance, 
and management practices and treatment requirements, as 
appropriate.". 
SEC. 406. SEWAGE SLUDGE. 
(a) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.—Sec-
tion 405(d) is amended— 
33 USC 1345. 
(1) by inserting "(1) REGULATIONS.—" before "The Adminis-
(2) by striking "(1)", "(2)", and "(3)" and inserting in lieu 
thereof "(A)", "(B)", and "(C)", respectively; and 
(3) by adding at the end the following new paragraphs: 
"(2) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.— 
"(A) ON BASIS OF AVAILABLE INFORMATION.— 
"(i) PROPOSED REGULATIONS.—Not later than Novem-
ber 30, 1986, the Administrator shall identify those 
,1^ 
w 
toxic pollutants which, on the basis of available 
information on their toxicity, persistence, concentra-
tion, mobility, or potential for exposure, may be 
,,, , 
present in sewage sludge in concentrations which may 
i* 
adversely affect public health or the environment, and 
f 
propose regulations specifying acceptable management 
, . 
j^^ , , 
practices for sewage sludge containing each such toxic 
pollutant and establishing numerical limitations for 
each such pollutant for each use identified under para-
. 
: 
graph (1)(A). 
t . 
"(ii) FINAL REGULATIONS.—Not later than August 31, 
1987, and after opportunity for public hearing, the 
c '^,f#i 
• 
Administrator shall promulgate the regulations re-
quired by subparagraph (A)(i). 
"(B) OTHERS.— 
"(i) PROPOSED REGULATIONS.—Not later than July 31, 
1987, the Administrator shall identify those toxic 
.t t 
pollutants not identified under subparagraph (A)(i) 
f^/r 
which may be present in sewage sludge in concentra-
^ .Cj n . 
tions which may adversely affect public health or the 
environment, 
and 
propose 
regulations 
specifying 
*
5 ''^ 
acceptable management practices for sewage sludge 
containing each such toxic pollutant and establishing 
numerical limitations for each pollutant for each such 
use identified under paragraph (1)(A). 
^
^ 
"(ii) FINAL REGULATIONS.—Not later than June 15, 
1988, the Administrator shall promulgate the regula-
tions required by subparagraph (B)(i). 
"(C) REVIEW.—From time to time, but not less often than 
every 2 years, the Administrator shall review the regula-
tions promulgated under this paragraph for the purpose of 
identifying additional toxic pollutants and promulgating 
101 STAT. 72 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 u s e 1342. 
33 u s e 1345. 
State and local 
governments. 
42 use 6921. 
. nu 
regulations for such pollutants consistent with the require-
;.,:; 
ments of this paragraph. 
•i, 
"(D) 
MINIMUM 
STANDARDS; 
COMPLIANCE 
DATE.—The 
management practices and numerical criteria established 
under subparagraphs (A), (B), and (C) shall be adequate to 
protect public health and the environment from any 
reasonably anticipated adverse effects of each pollutant. 
Such regulations shall require compliance as expeditiously 
f 
as practicable but in no case later than 12 months after 
their publication, unless such regulations require the 
construction of new pollution control facilities, in which 
case the regulations shall require compliance as expedi-
tiously as practicable but in no case later than two years 
from the date of their publication. 
"(3) ALTERNATIVE STANDARDS.—For purposes of this subsec-
tion, if, in the judgment of the Administrator, it is not feasible 
to prescribe or enforce a numerical limitation for a pollutant 
J,, identified under paragraph (2), the Administrator may instead 
promulgate a design, equipment, management practice, or oper-
ational standard, or combination thereof, which in the Adminis-
trator's judgment is adequate to protect public health and the 
environment from any reasonably anticipated adverse effects of 
such pollutant. In the event the Administrator promulgates a 
design or equipment standard under this subsection, the 
Administrator shall include as part of such standard such 
requirements as will assure the proper operation and mainte-
nance of any such element of design or equipment. 
"(4) CONDITIONS ON PERMITS.—Prior to the promulgation of 
8
:
; 
the regulations required by paragraph (2), the Administrator 
shall impose conditions in permits issued to publicly owned 
treatment works under section 402 of this Act or take such 
other measures as the Administrator deems appropriate to 
" 
protect public health and the environment from any adverse 
' 
effects which may occur from toxic pollutants in sewage sludge. 
"(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this section is intended to waive more stringent requirements 
• 
established by this Act or any other law.". 
(b) MANNER OF SLUDGE DISPOSAL.—Section 405(e) is amended to 
read as follows: 
"(e) MANNER OF SLUDGE DISPOSAL.—The determination of the 
manner of disposal or use of sludge is a local determination, except 
that it shall be unlawful for any person to dispose of sludge from a 
publicly owned treatment works or any other treatment works 
treating domestic sewage for any use for which regulations have 
been established pursuant to subsection (d) of this section, except in 
accordance with such regulations.". 
(c) IMPLEMENTATION THROUGH PERMITS.—Section 405 is further 
amended by adding at the end thereof the following: 
"(f) IMPLEMENTATION OF REGULATIONS.— 
"(1) THROUGH SECTION 402 PERMITS.—Any permit issued under 
section 402 of this Act to a publicly owned treatment works or 
£ 
any other treatment works treating domestic sewage shall in-
clude requirements for the use and disposal of sludge that 
:u 
implement the regulations established pursuant to subsection 
(d) of this section, unless such requirements have been included 
in a permit issued under the appropriate provisions of subtitle C 
of the Solid Waste Disposal Act, part C of the Safe Drinking 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 73 
Water Act, the Marine Protection, Research, and Sanctuaries 
42 USC 300h. 
Act of 1972, or the Clean Air Act, or under State permit 
33 USC 1401 
programs approved by the Administrator, where the Adminis- 
note; 42 USC 
trator determines that such programs assure compliance with 
^'*^^ ^°^-
any applicable requirements of this section. Not later than 
December 15, 1986, the Administrator shall promulgate pro-
cedures for approval of State programs pursuant to this 
•
^
' 
paragraph. 
"(2) THROUGH OTHER PERMITS.—In the case of a treatment 
State and local 
'•'^- works described in paragraph (1) that is not subject to section 
governments. 
402 of this Act and to which none of the other above listed 
33 USC 1342. 
*
^ 
permit programs nor approved State permit authority apply, 
« . . 
the Administrator may issue a permit to such treatment works 
solely to impose requirements for the use and disposal of sludge 
that implement the regulations established pursuant to subsec-
"' 
tion (d) of this section. The Administrator shall include in the 
permit appropriate requirements to assure compliance with the 
regulations established pursuant to subsection (d) of this sec-
' 
tion. The Administrator shall establish procedures for issuing 
permits pursuant to this paragraph. 
"(g) STUDIES AND PROJECTS.— 
"(1) 
GRANT 
PROGRAM; 
INFORMATION 
GATHERING.—The 
Administrator is authorized to conduct or initiate scientific 
"'"' 
studies, demonstration projects, and public information and 
. ;^ , 
^ 
education projects which are designed to promote the safe and 
•-«;. 
"- 
beneficial management or use of sewage sludge for such pur-
* 
poses as aiding the restoration of abandoned mine sites, condi-
tioning soil for parks and recreation areas, agricultural and 
, • ! «, :J 
horticultural uses, and other beneficial purposes. For the pur- 
'' *' 
poses of carrying out this subsection, the Administrator may 
*'. 
make grants to State water pollution control agencies, other 
' 
public or nonprofit agencies, institutions, organizations, and 
individuals. In cooperation with other Federal departments and 
agencies, other public and private agencies, institutions, and 
:^ 
organizations, the Administrator is authorized to collect and 
' 
disseminate information pertaining to the safe and beneficial 
use of sewage sludge. 
"(2) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of 
3 
carrying out the scientific studies, demonstration projects, and 
' 
public information and education projects authorized in this 
- 
section, there is authorized to be appropriated for fiscal years 
beginning after September 30, 1986, not to exceed $5,000,000." 
(d) ENFORCEMENT.—(1) Section 308(a)(4) is amended by inserting 
33 USC 1318. 
"405," before "and 504". 
(2) Section 505(D is amended by striking out "or" before "(6)" and 
33 USC 1365. 
by inserting before the period "; or (7) a regulation under section 
405(d) of this Act,". 
(3) Section 509(b)(1)(E) is amended by striking out "or 306" and 
33 USC 1369. 
inserting in lieu thereof "306, or 405". 
(e) REMOVAL CREDITS.—The part of the decision of Natural Re- 
33 USC 1345 
sources Defense Council, Inc. v. U.S. Environmental Protection 
note. 
Agency, No. 84-3530 (3d. Cir. 1986), which addresses section 405(d) of 
the Federal Water Pollution Control Act is stayed until August 31, 
1987, with respect to— 
(1) those publicly owned treatment works the owner or opera 
•'*'• tor of which received authority to revise pretreatment require-
101 STAT. 74 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 use 1317. 
Ante, p. 71. 
33 u s e 1345. 
33 use 1342 
note. 
State and local 
governments. 
33 use 1342, 
1344. 
33 use 1311, 
1312, 1316-1318, 
1343. 
ments under section 307(b)(1) of such Act before the date of the 
enactment of this section, and 
(2) those pubHcly owned treatment works the owner or opera-
tor of which has submitted an appHcation for authority to revise 
pretreatment requirements under such section 307(b)(1) which 
i application is pending on such date of enactment and is ap-
proved before August 31, 1987. 
The Administrator shall not authorize any other removal credits 
under such Act until the Administrator issues the regulations re-
quired by paragraph (2)(A)(ii) of section 405(d) of such Act, as 
amended by subsection (a) of this section. 
(f) 
CONFORMING 
AMENDMENTS.—Section 
405(d) 
is 
further 
amended— 
^ .. 
^ , 
(1) by inserting "REGULATIONS.—" after "(d)"; 
(2) by indenting paragraph (1) (as designated by subsection 
f
; (a)(1) of this section) and aligning such paragraph with para-
.i graph (3), as added by subsection (a)(3); and 
(3) in such paragraph (1) by aligning subparagraphs (A), (B), 
t and (C) (as designated by subsection (a)(2) of this section) with 
subparagraph (C) of paragraph (2), as added by subsection (a)(3) 
of this section. 
SEC. 407. LOG TRANSFER FACILITIES. 
(a) AGREEMENT.—The Administrator and Secretary of the Army 
shall enter into an agreement regarding coordination of permitting 
for log transfer facilities to designate a lead agency and to process 
permits required under sections 402 and 404 of the Federal Water 
Pollution Control Act, where both such sections apply, for dis-
charges associated with the construction and operation of log trans-
fer facilities. The Administrator and Secretary are authorized to act 
in accordance with the terms of such agreement to assure that, to 
the maximum extent practicable, duplication, needless paperwork 
and delay in the issuance of permits, and inequitable enforcement 
between and among facilities in different States, shall be eliminated. 
(b) APPLICATIONS AND PERMITS BEFORE OCTOBER 22, 1985.—Where 
both of sections 402 and 404 of the Federal Water Pollution Control 
Act apply, log transfer facilities which have received a permit under 
section 404 of such Act before October 22,1985, shall not be required 
to submit a new application for a permit under section 402 of such 
Act. If the Administrator determines that the terms of a permit 
issued on or before October 22, 1985, under section 404 of such Act 
satisfies the applicable requirements of sections 301, 302, 306, 307, 
308, and 403 of such Act, a separate application for a permit under 
section 402 of such Act shall not thereafter be required. In any case 
where the Administrator demonstrates, after an opportunity for a 
hearing, that the terms of a permit issued on or before October 22, 
1985, under section 404 of such Act do not satisfy the applicable 
requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, 
modifications to the existing permit under section 404 of such Act to 
incorporate such applicable requirements shall be issued by the 
Administrator as an alternative to issuance of a separate new 
permit under section 402 of such Act. 
(c) LOG TRANSFER FACILITY DEFINED.—For the purposes of this 
section, the term "log transfer facility" means a facility which is 
constructed in whole or in part in waters of the United States and 
which is utilized for the purpose of transferring commercially har-
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 75 
vested logs to or from a vessel or log raft, including the formation of 
a log raft. 
TITLE V—MISCELLANEOUS PROVISIONS 
Contracts. 
State and local 
governments. 
33 u s e 1361. 
31 u s e 7501 et 
seq. 
33 u s e 1362. 
33 u s e 1321. 
SEC. 501. AUDITS. 
Section 501(d) is amended by inserting at the end the following 
new sentences: "For the purpose of carrying out audits and 
examinations with respect to recipients of Federal assistance under 
this Act, the Administrator is authorized to enter into noncompeti-
tive procurement contracts with independent State audit organiza-
tions, consistent with chapter 75 of title 31, United States Code. 
Such contracts may only be entered into to the extent and in such 
amounts as may be provided in advance in appropriation Acts.". 
SEC. 502. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. 
(a) DEFINED AS A STATE.—Section 502(3) is amended by inserting 
"the Commonwealth of the Northern Mariana Islands," after 
"Samoa,". 
(b) DEFINED AS PART OF UNITED STATES.—Section 311(a)(5) is 
amended by striking out "the Canal Zone," and inserting in lieu 
thereof "the Commonwealth of the Northern Mariana Islands,". 
SEC. 503. AGRICULTURAL STORMWATER DISCHARGES. 
Section 502(14) (relating to the definition of point source) is 
amended by inserting after "does not include" the following: "agri-
cultural stormwater discharges and". 
SEC. 504. PROTECTION OF INTERESTS OF UNITED STATES IN CITIZEN 
SUITS. 
Section 505(c) is amended by adding at the end thereof the follow- 
33 USC 1365. 
ing new paragraph: 
"(3) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever 
any action is brought under this section in a court of the United 
^ 
States, the plaintiff shall serve a copy of the complaint on the 
Attorney General and the Administrator. No consent judgment 
shall be entered in an action in which the United States is not a 
party prior to 45 days following the receipt of a copy of the 
proposed consent judgment by the Attorney General and the 
Administrator.". 
SEC. 505. JUDICIAL REVIEW AND AWARD OF FEES. 
(a) 
LOCATION; 
DEADLINE 
FOR APPEAL.—Section 
509(b)(1) is 
33 USC 1369. 
amended— 
(1) by striking out "transacts such business" and inserting in 
lieu thereof, "transacts business which is directly affected by 
such action"; and 
(2) by striking out "ninety" and "ninetieth" and inserting in 
lieu thereof "120" and "120th", respectively. 
-' 
' 
(b) VENUE; AWARD OF FEES.—Section 509(b) is amended by adding 
at the end thereof the following new paragraphs: 
"(3) VENUE.— 
"(A) SELECTION PROCEDURE.—If applications for review of 
"' 
the same agency action have been filed under paragraph (1) 
* -' 
of this subsection in 2 or more Circuit Courts of Appeals of 
the United States and the Administrator has received writ-
101 STAT. 76 
PUBLIC LAW 100-4—FEB. 4, 1987 
Records. 
Records. 
33 use 1365. 
33 use 1378. 
&?. 
io i- i 
ten notice of the filing of one or more applications within 30 
days or less after receiving written notice of the filing of the 
first application, then the Administrator shall promptly 
advise in writing the Administrative Office of the United 
States Courts that applications have been filed in 2 or more 
Circuit Courts of Appeals of the United States, and shall 
identify each court for which he has written notice that 
such applications have been filed within 30 days or less of 
receiving written notice of the filing of the first such ap-
plication. Pursuant to a system of random selection devised 
for this purpose, the Administrative Office thereupon shall, 
within 3 business days of receiving such written notice from 
the Administrator, select the court in which the record 
shall be filed from among those identified by the Adminis-
trator. Upon notification of such selection, the Adminis-
trator shall promptly file the record in such court. For the 
purpose of review of agency action which has previously 
been remanded to the Administrator, the record shall be 
filed in the Circuit Court of Appeals of the United States 
which remanded such action. 
"(B) ADMINISTRATIVE PROVISIONS.—Where applications 
have been filed under paragraph (1) of this subsection in 
two or more Circuit Courts of Appeals of the United States 
with respect to the same agency action and the record has 
been filed in one of such courts pursuant to subparagraph 
(A), the other courts in which such applications have been 
filed shall promptly transfer such applications to the Cir-
cuit Court of Appeals of the United States in which the 
record has been filed. Pending selection of a court pursuant 
to subparagraph (A), any court in which an application has 
been filed under paragraph (1) of this subsection may post-
pone the effective date of the agency action until 15 days 
after the Administrative Office has selected the court in 
which the record shall be filed. 
"(C) TRANSFERS.—Any court in which an application with 
respect to any agency action has been filed under para-
graph (1) of this subsection, including any court selected 
pursuant to subparagraph (A), may transfer such applica-
tion to any other Circuit Court of Appeals of the United 
States for the convenience of the parties or otherwise in the 
interest of justice. 
"(4) AWARD OF FEES.—In any judicial proceeding under this 
subsection, the court may award costs of litigation (including 
p. 
reasonable attorney and expert witness fees) to any prevailing 
or substantially prevailing party whenever it determines that 
such award is appropriate.". 
(c) CONFORMING AMENDMENT FOR CITIZEN SUIT ACTIONS.—The 
first sentence of section 505(d) is amended by inserting "prevailing 
or substantially prevailing" before "party". 
r'^c^'j.rs*!' 
•md' 
rit 
ft 
SEC. 506. INDIAN TRIBES. 
(4 i 
Title V is amended by redesignating section 518, and any ref-
erences thereto, as section 519 and by inserting after section 517 the 
following new section: 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 77 
"SEC. 518. INDIAN TRIBES. 
"(a) POLICY.—Nothing in this section shall be construed to affect 
the application of section 101(g) of this Act, and all of the provisions 
of this section shall be carried out in accordance with the provisions 
of such section 101(g). Indian tribes shall be treated as States for 
purposes of such section 101(g). 
"(b) 
ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.—The 
Administrator, in cooperation with the Director of the Indian 
Health Service, shall assess the need for sewage treatment works to 
serve Indian tribes, the degree to which such needs will be met 
through funds allotted to States under section 205 of this Act and 
priority lists under section 216 of this Act, and any obstacles which 
prevent such needs from being met. Not later than one year after 
the date of the enactment of this section, the Administrator shall 
submit a report to Congress on the assessment under this subsec-
tion, along with recommendations specifying (1) how the Adminis-
trator intends to provide assistance to Indian tribes to develop waste 
treatment management plans and to construct treatment works 
under this Act, and (2) methods by which the participation in and 
administration of programs under this Act by Indian tribes can be 
maximized. 
"(c) RESERVATION OF FUNDS.—The Administrator shall reserve 
each fiscal year beginning after September 30, 1986, before allot-
ments to the States under section 205(e), one-half of one percent of 
the sums appropriated under section 207. Sums reserved under this 
subsection shall be available only for grants for the development of 
waste treatment management plans and for the construction of 
sewage treatment works to serve Indian tribes. 
"(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent 
implementation of the requirements of this Act, an Indian tribe and 
the State or States in which the lands of such tribe are located may 
enter into a cooperative agreement, subject to the review and ap-
proval of the Administrator, to jointly plan and administer the 
requirements of this Act. 
"(e) TREATMENT AS STATES.—The Administrator is authorized to 
treat an Indian tribe as a State for purposes of title II and sections 
104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this Act to 
the degree necessary to carry out the objectives of this section, but 
only i
f
— 
"(1) the Indian tribe has a governing body carrying out 
substantial governmental duties and powers; 
"(2) the functions to be exercised by the Indian tribe pertain 
to the management and protection of water resources which are 
held by an Indian tribe, held by the United States in trust foi 
Indians, held by a member of an Indian tribe if such property 
interest is subject to a trust restriction on alienation, or other-
wise within the borders of an Indian reservation; and 
"(3) the Indian tribe is reasonably expected to be capable, in 
the Administrator's judgment, of carrying out the functions to 
be exercised in a manner consistent with the terms and pur 
poses of this Act and of all applicable regulations. 
Such treatment as a State may include the direct provision of funds 
reserved under subsection (c) to the governing bodies of Indian 
tribes, and the determination of priorities by Indian tribes, where 
not determined by the Administrator in cooperation with the Direc-
tor of the Indian Health Service. The Administrator, in cooperation 
33 u s e 1377. 
33 u s e 1251. 
State and local 
governments. 
Waste disposal. 
33 u s e 1285. 
33 u s e 1296. 
State and local 
governments. 
Waste disposal. 
33 u s e 1287. 
State and local 
governments. 
Grants. 
33 u s e 1281. 
33 u s e 1254, 
1256, 1313, 1315, 
1318,1319, 1324; 
ante, p. 52; 33 
u s e 1341, 1342, 
1344. 
101 STAT. 78 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 use 1281. 
Regulations. 
Ante, p. 52. 
25 use 476. 
33 use 1362 
note. 
33 use 1251 
note. 
with the Director of the Indian Health Service, is authorized to 
make grants under title II of this Act in an amount not to exceed 
100 percent of the cost of a project. Not later than 18 months after 
the date of the enactment of this section, the Administrator shall, in 
consultation with Indian tribes, promulgate final regulations which 
specify how Indian tribes shall be treated as States for purposes of 
this Act. The Administrator shall, in promulgating such regulations, 
consult affected States sharing common water bodies and provide a 
mechanism for the resolution of any unreasonable consequences 
that may arise as a result of differing water quality standards that 
may be set by States and Indian tribes located on common bodies of 
water. Such mechanism shall provide for explicit consideration of 
relevant factors including, but not limited to, the effects of differing 
water quality permit requirements on upstream and downstream 
dischargers, economic impacts, and present and historical uses and 
quality of the waters subject to such standards. Such mechanism 
should provide for the avoidance of such unreasonable consequences 
in a manner consistent with the objective of this Act. 
"(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Adminis-
trator shall make grants to an Indian tribe under section 319 of this 
Act as though such tribe was a State. Not more than one-third of 
one percent of the amount appropriated for any fiscal year under 
section 319 may be used to make grants under this subsection. In 
addition to the requirements of section 319, an Indian tribe shall be 
required to meet the requirements of paragraphs (1), (2), and (3) of 
subsection (d) of this section in order to receive such a grant. 
"(g) ALASKA NATIVE ORGANIZATIONS.—No provision of this Act 
shall be construed to— 
"(1) grant, enlarge, or diminish, or in any way affect the scope 
of the governmental authority, if any, of any Alaska Native 
organization, including any federally-recognized tribe, tradi-
tional Alaska Native council, or Native council organized pursu-
" 
ant to the Act of June 18, 1934 (48 Stat. 987), over lands or 
persons in Alaska; 
"(2) create or validate any assertion by such organization or 
any form of governmental authority over lands or persons in 
• Alaska; or 
"(3) in any way affect any assertion that Indian country, as 
defined in section 1151 of title 18, United States Code, exists or 
does not exist in Alaska. 
"(h) DEFINITIONS.—For purposes of this section, the term— 
"(1) 'Federal Indian reservation' means all land within the 
limits of any Indian reservation under the jurisdiction of the 
United States Government, notwithstanding the issuance of any 
patent, and including rights-of-way running through the res-
ervation; and 
r*: 
"(2) 'Indian tribe' means any Indian tribe, band, group, or 
..* r. community recognized by the Secretary of the Interior and 
exercising governmental authority over a Federal Indian 
reservation.". 
SEC. 507. DEFINITION OF POINT SOURCE. 
For purposes of the Federal Water Pollution Control Act, the term 
"point source" includes a landfill leachate collection system. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 79 
SEC. 508. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES. 
(a) FINDING.—The Congress finds that the New York Bight Apex 
33 USC 1414a 
is no longer a suitable location for the ocean dumping of municipal 
note, 
sludge. 
(b) GENERAL RULE.—Title I of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is further 
amended by inserting after section 104 the following new section: 33 USC 1414. 
SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES 
"SEC. 104A. (a) NEW YORK BIGHT APEX.—(1) For purposes of this 
33 USC I4l4a. 
subsection: 
"(A) The term 'Apex' means the New York Bight Apex 
consisting of the ocean waters of the Atlantic Ocean westward 
of 73 degrees 30 minutes west longitude and northward of 40 
degrees 10 minutes north latitude. 
"(B) The term 'Apex site' means that site within the Apex at 
which the dumping of municipal sludge occurred before Octo-
ber 1, 1983. 
"(C) The term 'eligible authority' means any sewerage author-
ity or other unit of State or local government that on November 
2, 1983, was authorized under court order to dump municipal 
sludge at the Apex site. 
%2) No person may apply for a permit under this title in relation 
to the dumping of, or the transportation for purposes of dumping, 
municipal sludge within the Apex unless that person is an eligible 
authority. 
"(3) The Administrator may not issue, or renew, any permit under 
this title that authorizes the dumping of, or the transportation for 
purposes of dumping, municipal sludge within the Apex after the 
='^''' 
earlier o
f
— 
"(A) December 15, 1987; or 
"(B) the day determined by the Administrator to be the first 
day on which municipal sludge generated by eligible authorities 
can reasonably be dumped at a site designated under section 102 33 USC 1412. 
other than a site within the Apex. 
"(b) RESTRICTION ON USE OF THE 106-MILE SITE.—The Adminis-
trator may not issue or renew any permit under this title which 
authorizes any person, other than a person that is an eligible 
authority within the meaning of subsection (a)(1)(C), to dump, or to 
transport for the purposes of dumping, municipal sludge within the 
site designated under section 102(c) by the Administrator and known 
as the '106-Mile Ocean Waste Dump Site' (as described in 49 F.R. 
19005).". 
r., ,.' 
SEC. 509. OCEAN DISCHARGE RESEARCH PROJECTS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, the 
California. 
Administrator is authorized to issue a research permit to the 
Orange County, California, Sanitation Districts for the discharge of 
preconditioned municipal sewage sludge into the ocean for the 
'' 
purpose of enabling research to be conducted in assessing and 
analyzing the effects of disposing of sewage sludge by pipeline into 
ocean waters— 
^ 
(1) if the Administrator is satisfied that such local govern-
mental agency is actively pursuing long-term land-based options 
for the handling of its sludge with special emphasis on remote 
disposal alternatives set forth in the 1980 LA/OMA sludge 
101 STAT. 80 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 u s e 1311. 
State and local 
governments. 
Reports. 
Fish and fishing. 
Wildlife. 
33 u s e 1251 
note. 
Mexico. 
management project and on reuse of sludge or use of recycled 
sludge; and 
(2) if the Administrator determines that there is no likelihood 
of an unacceptable adverse effect on the environment as a 
result of issuance of such permit and that such permit would 
meet the requirements of paragraph (2) of section 301(h) of the 
Federal Water Pollution Control Act, as amended by this Act, 
and of the sentences following the first sentence of such section 
if such permit were being issued under such section. 
(b) PERMIT TERMS.— 
(1) PERIOD.—The permit for the discharge of sludge shall be 
for a period of 5 years commencing on the date of such dis-
charge and shall not be extended or renewed. 
(2) MONITORING.—Such permit shall provide for monitoring 
(including whole effluent monitoring) of permitted discharges 
and other discharges into the ocean in the same area and the 
effects of such discharges (including cumulative effects) in 
conformance with requirements established by the Adminis-
trator, after consultation with appropriate Federal and State 
agencies, and for the reporting of such monitoring to Congress 
and the Administrator every 6 months. 
(3) VOLUME OF DISCHARGE.—Such permit shall provide that 
the volume of such local agency's sludge disposed of by such 
experimental pipeline shall be no more than one and one-iiialf 
times that being disposed of by such remote disposal and alter-
natives for the reuse of sludge and the use of recycled sludge. In 
no event shall the agency dispose of more than 50 percent of its 
sludge by the pipeline. 
(4) TERMINATION.—The permit shall provide for termination 
of the permit if the Administrator determines that the disposal 
of sewage sludge is resulting in an unacceptable adverse impact 
on fish, shellfish, and wildlife. The Administrator may termi-
nate a permit issued under this section if the Administrator 
determines that there has been a decline in ambient water 
quality of the receiving waters during the period of the permit 
even if a direct cause and effect relationship cannot be shown. If 
the effluent from a source with a permit issued under this 
section is contributing to a decline in ambient water quality of 
the receiving waters, the Administrator shall terminate such 
permit. 
(c) LIMITATION ON PRECEDENT.—The facts and circumstances de-
scribed in subsection (a) present a unique situation which will not 
establish a precedent for the relaxation of the requirements of the 
Federal Water Pollution Control Act applicable to similarly situated 
discharges. 
(d) REPORT.—Such districts shall report the results of the program 
and an analysis of such program to Congress under this section not 
later than four and one-half years after issuance of the permit. 
SEC. 510. SAN DIEGO, CALIFORNIA. 
i 
;
/ 
; 
(a) PURPOSE.—The purpose of this section is to protect the econ-
omy, public health, environment, surface water and public beaches, 
and water quality of the city of San Diego, California, and surround-
ing areas, which are endangered and are being polluted by raw 
sewage emanating from the city of Tijuana, Mexico. 
(b) CONSTRUCTION GRANTS.—Upon approval of the necessary plans 
and specifications, the Administrator is authorized to make grants 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 81 
to the Secretary of State, acting through the American Section of 
the International Boundary and Water Commission (hereinafter in 
this section referred to as the "Commission"), or any other Federal 
agency or any other appropriate commission or entity designated by 
the President. Such grants shall be for construction of a project 
consisting o
f
— 
(1) defensive treatment works to protect the residents of the 
city of San Diego, California, and surrounding areas from pollu-
? 
tion resulting from any inadequacies or breakdowns in 
wastewater treatment works and systems in Mexico; and 
' 
(2) treatment works in the city of San Diego, California, to 
provide primary or more advanced treatment of municipal 
sewage and industrial waste from Mexico, including the city of 
Tijuana, Mexico. 
(c) LIMITATION ON GRANTS.—Notwithstanding subsection (b), the 
Administrator may make grants for construction of treatment 
works described in subsection (b)(2) only if, after public notice and 
comment, the Administrator determines that treatment works in 
Mexico, in conjunction with any defensive treatment works con-
structed under this or any other Act, are not sufficient to protect the 
residents of the city of San Diego, California, and surrounding areas 
from water pollution originating in Mexico. 
(d) OPERATION AND MAINTENANCE.—The Commission or such 
other agency, commission, or entity as may be designated under 
subsection (b) is authorized to operate and maintain any treatment 
works constructed under subsection (b) in order to accomplish the 
purposes of this section. 
(e) APPROVAL OF PLANS.—Any treatment works for which a grant 
is made under this section shall be constructed in accordance with 
plans developed by the Commission or such other agency, commission, 
or entity as may be designated under subsection (b), in consultation 
with the city of San Diego, and approved by the Administrator to meet 
the construction standards which would be applicable if such treat-
ment works were being constructed under title II of the Federal 
Water Pollution Control Act. 
(f) FEDERAL SHARE.—Construction of the treatment works under 
subsection (b) shall be at full Federal expense less any costs paid by 
the State of California and less any costs paid by the Government of 
Mexico as a result of agreements negotiated with the United States. 
(g) OCEAN OUTFALL PERMIT.—Notwithstanding section 301(j) of the 
Federal Water Pollution Control Act, upon application of the city of 
San Diego, California, the Administrator may issue a permit under 
section 301(h) of such Act which modifies the requirements of 
section 301(b)(1)(B) of such Act to permit the discharge of pollutants 
for any ocean outfall constructed with Federal assistance under this 
section if the Administrator finds that issuing such permit is in the 
best interests of achieving the goals and requirements of such Act. 
The Administrator may waive the requirements of section 301(h)(5) 
of such Act with respect to the issuance of such permit if the 
Administrator finds that such waiver is in the best interests of 
achieving the goals and requirements of such Act. 
(h) TREATMENT OF SAN DIEGO SEWAGE.—If any treatment works 
constructed pursuant to this section becomes no longer necessary to 
provide protection from pollution originating in Mexico, the city of 
San Diego, California, may use such treatment works to treat 
municipal and individual waste originating in the city of San Diego 
and surrounding areas if the city of San Diego enters into a binding 
Pollution. 
33 use 1281. 
Pollution. 
33 use 1311. 
101 STAT. 82 
PUBLIC LAW 100-4—FEB. 4, 1987 
agreement with the Administrator to pay to the United States 45 
percent of the costs incurred in the construction of such treatment 
works. 
(i) DEFINITIONS.—For purposes of this section, the terms "construc-
tion" and "treatment works" have the meanings such terms have 
33 use 1292. 
under section 212 of the Federal Water Pollution Control Act. 
Grants. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for fiscal years beginning after September 30, 1986, 
such sums as may be necessary to the Administrator to make grants 
under this section and such sums as may be necessary to the 
Commission or such other agency, commission, or entity as the 
President may designate under subsection (b), to carry out this 
section. 
, 
SEC. 511. LIMITATION ON DISCHARGE OF R
A
W SEWAGE BY NEW YORK 
(a) IN GENERAL.— 
(1) NORTH RIVER PLANT.—If the wastewater treatment plant 
identified in the consent decree as the North River plant has 
not achieved advanced preliminary treatment as required under 
the terms of the consent decree by August 1, 1986, the city of 
New York shall not discharge raw sewage from the drainage 
area of such plant (as defined in the consent decree) into 
navigable waters after such date in an amount which is greater 
for any 30-day period than an amount equal to 30 times the 
average daily amount of raw sewage discharged from such 
drainage area during the 12-month period ending on the earlier 
of the date on which such plant becomes operational or 
March 15, 1986 (as determined by the Administrator), except as 
provided in subsection (b). 
(2) RED HOOK PLANT.—If the wastewater treatment plant 
identified in the consent decree as the Red Hook plant has not 
achieved advanced preliminary treatment as required under the 
terms of the consent decree by August 1, 1987, the city of New 
;; 
>
: 
York shall not discharge raw sewage from the drainage area of 
such plant (as defined in the consent decree) into navigable 
waters after such date in an amount which is greater for any 30-
day period than an amount equal to 30 times the average daily 
amount of raw sewage discharged from such drainage area 
;,c«l 
during the 12-month period ending on the earlier of the date on 
O
R i ?; 
which such plant becomes operational or March 15, 1987 (as 
! determined by the Administrator), except as provided in subsec-
tion (b). 
(b) WAIVERS.— 
(1) INTERRUPTION OF PLANT OPERATION.—In the event of any 
significant interruption in the operation of the North River 
plant or the Red Hook plant caused by an event described in 
subparagraph (A), (B), or (C) of paragraph (5) occurring after the 
applicable deadline established under subsection (a), the 
Administrator shall waive the limitation of subsection (a) with 
respect to such plant, but only to such extent and for such 
limited period of time as may be reasonably necessary for the 
city of New York to resume operation of such plant. 
(2) INCREASED PRECIPITATION.—In the event that the volume of 
precipitation occurring after the applicable deadline established 
under subsection (a) causes the discharge of raw sewage to 
exceed the limitation under subsection (a), the Administrator 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 83 
shall waive the limitation of subsection (a) with respect to either 
or both such plants, but only to such extent and for such limited 
period of time as the Administrator determines to be necessary 
to take into account the increased discharge caused by such 
volume of precipitation. 
(3) VARIATIONS IN CERTAIN NORTH RIVER DRAINAGE AREA DIS-
CHARGES.—In the event that an increase in discharges from the 
North River drainage area constituting a violation of subsection 
(a)(1) is due to a random or seasonal variation, and that any 
sewer hookup occurring, or permit for a sewer hookup granted, 
after July 31, 1986, is not responsible for such violation, the 
Administrator shall waive the limitation of subsection (a)(1), but 
only to such extent and for such limited period of time as the 
Administrator determines to be reasonably necessary to take 
into account such random or seasonal variation. 
(4) VARIATIONS IN CERTAIN RED HOOK DRAINAGE AREA DIS-
CHARGES.—In the event that an increase in discharges from the 
Red Hook drainage area constituting a violation of subsection 
(a)(2) is due to a random or seasonal variation, and that any 
sewer hookup occurring, or permit for a sewer hookup granted, 
after July 31, 1987, is not responsible for such violation, the 
Administrator shall waive the limitation of subsection (a)(2), but 
only to such extent and for such limited period of time as the 
Administrator determines to be reasonably necessary to take 
into account such random or seasonal variation. 
(5) CIRCUMSTANCES BEYOND CITY'S CONTROL.—The Adminis-
trator shall extend either deadline under paragraph (1) or (2) of 
subsection (a) to such extent and for such limited period of time 
as may be reasonably required to take into account any— 
(A) act of war, 
(B) unanticipated grave natural disaster or other natural 
phenomenon of an exceptional, inevitable, and irresistible 
character, the effects of which could not have been pre-
vented or avoided by the exercise of due care or foresight, or 
(C) other circumstances beyond the control of the city of 
New York, except such circumstances shall not include (i) 
the unavailability of Federal funds under section 201 of the 
Federal Water Pollution Control Act, (ii) the unavailability 
33 USC 1281. 
of funds from the city of New York or the State of New 
York, or (iii) a policy decision made by the city of New York 
or the State of New York to delay the achievement of 
advanced preliminary treatment at the North River plant 
or Red Hook plant beyond the applicable deadline set forth 
in subsection (a). 
(c) PENALTIES.—Except as otherwise provided in subsection (b), 
any violation of subsection (a) shall be considered to be a violation of 
section 301 of the Federal Water Pollution Control Act, and all 
33 USC 1311. 
provisions of such Act relating to violations of such section 301 shall 
apply. 
-
(d) CONSENT DECREE DEFINED.—For purposes of this section, the 
term "consent decree" means the consent decree entered into 
by the Environmental Protection Agency, the city of New York, and 
the State of New York, on December 30, 1982, relating to construc-
tion and operation of the North River and Red Hook wastewater 
treatment plants. 
101 STAT, 84 
PUBLIC LAW 100-4—FEB. 4, 1987 
(e) COOPERATION.—The Administrator shall work with the city of 
New York to eliminate the discharge of raw sewage by such city at 
the earliest practicable date. 
(f) SAVINGS CLAUSE.—Nothing in this section shall be construed as 
modifying the terms of the consent decree. 
(g) SENSE OF CONGRESS.—It is the sense of Congress that the 
Administrator should not agree to any further modification of the 
consent decree with respect to the schedule for achieving advanced 
preliminary treatment. 
(h) TERMINATION DATES.— 
(1) NORTH RIVER PLANT.—The provisions of this section shall 
remain in effect with respect to the North River drainage area 
until such time as the North River plant has achieved advanced 
preliminary treatment (as defined in the consent decree) for a 
period of six consecutive months. 
. ,, 
(2) RED HOOK PLANT.—The provisions of this section shall 
remain in effect with respect to the Red Hook drainage area 
until such time as the Red Hook plant has achieved advanced 
preliminary treatment (as defined in the consent decree) for a 
period of six consecutive months. 
(i) MONITORING ACTIVITIES.—The Administrator shall promptly 
establish and carry out a program within available funds to imple-
ment the monitoring activities which may be required under subsec-
tion (a). 
(j) ESTABLISHMENT OF METHODOLOGIES.—The Administrator shall 
establish the methodologies, data base, and any other information 
required for making determinations under subsection (b)— 
(1) for the North River drainage area (as defined in the 
consent decree) by July 31, 1986, unless the requirements of 
subsection (h)(1) have been satisfied, and 
(2) for the Red Hook drainage area (as defined by the consent 
' "' decree) by July 31, 1987, unless the requirements of subsection 
(h)(2) have been satisfied, 
(k) VIOLATIONS.—In carrying out this section, if the Administrator 
finds that a violation of subsection (a) has occurred, the Adminis-
trator shall also determine, within 30 days after such finding, 
whether a provision of subsection (b) applies. If the Administrator 
requires information from the city of New York in order to deter-
•^z' •: J 
mine whether a provision of subsection (b) applies, the Adminis-
trator shall request such information. If the city of New York does 
not supply the information requested by the Administrator, the 
Administrator shall determine that subsection (b) does not apply. 
The city of New York shall be responsible only for such expenses as 
are necessary to provide such requested information. Enforcement 
action pursuant to subsection (c) shall be commenced at the end of 
such 30 days unless a provision of subsection (b) applies. 
im 
) C
' 
SEC. 512. OAKWOOD BEACH AND RED HOOK PROJECTS, NEW YORK. 
(a) RELOCATION OF NATURAL GAS FACILITIES.—Notwithstanding 
33 use 1251 
any provision of the Federal Water Pollution Control Act, the 
^°^- 
Administrator shall pay, to the extent provided in appropriation 
Acts, in the same proportion as the Federal share of other project 
costs, all expenses for the relocation of facilities for the distribution 
of natural gas with respect to the entire wastewater treatment 
works known as the Oakwood Beach (EPA Grant Numbered 360392) 
and Red Hook (EPA Grant Numbered 360394) projects, New York. 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 85 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for fiscal years beginning after September 30, 1986, not 
i>: , .H 
to exceed $7,000,000 to carry out this section. 
SEC. 513. BOSTON HARBOR AND ADJACENT WATERS. 
(a) GRANTS.—The Administrator shall make grants to the 
Massachusetts Water Resource Authority for purposes o
f
— 
(1) assessing the principal factors having an adverse effect on 
the environmental quality of Boston Harbor and its adjacent 
waters; 
(2) developing and implementing a management program to 
improve the water quality of such Harbor and waters; and 
(3) constructing necessary waste water treatment works for 
providing secondary treatment for the areas served by such 
authority. 
(b) FEDERAL SHARE.—The Federal share of projects described in 
subsection (a) shall not exceed 75 percent of the cost of construction 
thereof. 
T
i i ^ ; 
(c) EMERGENCY IMPROVEMENTS.—The Administrator is authorized 
• ^ 
and directed to make grants to the Massachusetts Water Resource 
Authority for a project to undertake emergency improvements at 
the Deer Island Waste Water Treatment Plant in Boston, Massachu-
setts. The Federal share of such project shall not exceed 75 percent 
.; r ?
?
.
• • 
of the cost of carrying out such improvements. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $100,000,000 to carry out this section for fiscal years 
beginning after September 30, 1986, to remain available until ex-
pended. Such sums shall be in addition to and not in lieu of any 
other amounts authorized to be appropriated under title II of the 
Federal Water Pollution Control Act. 
33 USC 1281. 
SEC. 514. WASTEWATER RECLAMATION DEMONSTRATION. 
(a) AUTHORITY TO MAKE GRANTS.—The Administrator is au- California. 
thorized to make a grant to the San Diego Water Reclamation 
Agency, California, to demonstrate and field test for public use 
innovative processes which advance the technology of wastewater 
reclamation and which promote the use of reclaimed wastewater. 
(b) FEDERAL SHARE.—The Federal share of grants made under this 
section shall be 85 percent of the costs of conducting such dem-
onstration and field test. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated not to exceed $2,000,000 to carry out this section for 
' 
fiscal years beginning after September 30,1986. 
no 
SEC. 515. DES MOINES, IOWA. 
(a) GRANT.—The Administrator is authorized to make a grant to 
the city of Des Moines, Iowa, for construction of the Central Sewage 
Treatment Plant component of the Des Moines, Iowa, metropolitan 
area project. The Federal share of such project shall be 75 percent of 
the cost of construction. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section not to exceed $50,000,000 foi 
fiscal years beginning after September 30, 1986. Such sums shall be 
in addition to and not in lieu of any other amounts authorized to be 
appropriated under title II of the Federal Water Pollution Control 
Act. 
101 STAT. 86 
PUBLIC LAW 100-4—FEB. 4, 1987 
33 use 1875 
note. 
Pollution. 
33 use 1251 
note. 
33 use 1375 
note. 
33 use 1281. 
Ante, p. 20. 
33 use 1375 
note. 
Pollution. 
33 use 1314. 
SEC. 516. STUDY OF DE MINIMIS DISCHARGES. 
(a) STUDY.—The Administrator shall conduct a study of discharges 
of pollutants into the navigable waters and their regulation under 
the Federal Water Pollution Control Act to determine whether or 
not there are discharges of pollutants into such waters in amounts 
which, in terms of volume, concentration, and type of pollutant, are 
not significant and to determine the most effective and appropriate 
methods of regulating any such discharges. 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report on the results of such study along with recommendations 
and findings concerning the most effective and appropriate methods 
of regulating any discharges of pollutants into the navigable waters 
in amounts which the Administrator determines under such study 
to be not significant. 
SEC. 517. STUDY OF EFFECTIVENESS OF INNOVATIVE AND ALTERNATIVE 
PROCESSES AND TECHNIQUES. 
(a) EFFECTIVENESS STUDY.—The Administrator shall study the 
effectiveness on waste treatment of innovative and alternative 
wastewater treatment processes and techniques referred to in sec-
tion 201(g)(5) of the Federal Water Pollution Control Act which have 
been utilized in treatment works constructed under such Act. In 
conducting such study, the Administrator shall compile information, 
by State, on the types of such processes and techniques utilized, on 
the number of facilities constructed with such processes and tech-
niques, and a description of such processes and techniques which 
have not performed to design standards. The Administrator shall 
also determine which States have not obligated the full amount set 
aside under section 205(i) of such Act for such processes and tech-
niques and the reasons for each such State's failure to make such 
obligations. 
(b) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Administrator shall submit to the Committee 
on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report on the results of such study, along with rec-
ommendations for providing more effective incentives for innovative 
and alternative wastewater treatment processes and techniques. 
SEC. 518. STUDY OF TESTING PROCEDURES. 
(a) STUDY.—The Administrator shall study the testing procedures 
for analysis of pollutants established under section 304(h) of the 
Federal Water Pollution Control Act. Such study shall include, but 
not be limited to, an analysis of the adequacy and standardization of 
such procedures. In conducting the analysis of the standardization of 
such procedures, the Administrator shall consider the extent to 
which such procedures are consistent with comparable procedures 
established under other Federal laws. 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit a report on the results of 
the study conducted under this subsection, together with rec-
ommendations for modifying the test procedures referred to in 
subsection (a) to improve their effectiveness, to the Committee on 
Public Works and Transportation of the House of Representatives 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 87 
and the Committee on Environment and Public Works of the 
Senate. 
SEC. 519. STUDY OF PRETREATMENT OF TOXIC POLLUTANTS. 
(a) STUDY.—The Administrator shall study— 
(1) the adequacy of data on environmental impacts of toxic 
industrial pollutants discharged from publicly owned treatment 
works; 
(2) the extent to which secondary treatment at publicly owned 
treatment works removes toxic pollutants; 
(3) the capability of publicly owned treatment works to revise 
pretreatment requirements under section 307(b)(1) of the Fed-
eral Water Pollution Control Act; 
(4) possible alternative regulatory strategies for protecting the 
operations of publicly owned treatment works from industrial 
discharges, and shall evaluate the extent to which each such 
strategy identified may be expected to achieve the goals of this 
Act; 
. 
(5) for each such alternative regulatory strategy, the extent to 
which removal of toxic pollutants by publicly owned treatment 
works results in contamination of sewage sludge and the extent 
! 
to which pretreatment requirements may prevent such contami-
nation or improve the ability of publicly owned treatment works 
;,.. 
to comply with sewage sludge criteria developed under section 
405 of the Federal Water Pollution Control Act; and 
(6) the adequacy of Federal, State, and local resources to 
I: 
establish, implement, and enforce multiple pretreatment limits 
for toxic pollutants for each such alternative strategy. 
(b) REPORT.—Not later than 4 years after the date of the enact-
ment of this Act, the Administrator shall submit a report on the 
results of such study along with recommendations for improving the 
effectiveness of pretreatment requirements to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the 
Senate. 
SEC. 520. STUDIES OF WATER POLLUTION PROBLEMS IN AQUIFERS. 
(a) STUDIES.—The Administrator, in conjunction with State and 
local agencies and after providing an opportunity for full public 
participation, shall conduct studies for the purpose of identifying 
existing and potential point and nonpoint sources of pollution, and 
of identifying measures and practices necessary to control such 
sources of pollution, in the following groundwater systems and 
aquifers: 
(1) the groundwater system of the Upper Santa Cruz Basin 
and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz 
' 
Counties, Arizona; 
*
^ 
(2) the Spokane-Rathdrum Valley Aquifer, Washington and 
Idaho; 
(3) the Nassau and Suffolk Counties Aquifer, New York; 
(4) the Whidbey Island Aquifer, Washington; 
(5) the Unconsolidated Quaternary Aquifer, Rockaway River 
area, New Jersey; 
(6) contaminated ground water under Litchfield, Hartford, 
Fairfield, Tolland, and New Haven counties, Connecticut; and 
(7) the Sparta Aquifer, Arkansas. 
33 u s e 1375 
note. 
33 u s e 1317. 
33 u s e 1345. 
State and local 
governments. 
33 u s e 1375 
note. 
state and local 
governments. 
Arizona. 
Weishington. 
Idaho. 
New York. 
New Jersey. 
Connecticut. 
Arkansas. 
101 STAT. 88 
PUBLIC LAW 100-4—FEB. 4, 1987 
5r\ 
.•Mou 
42 use 1962d-20 
note. 
Fish and fishing. 
Environmental 
protection. 
33 use 1251 
note. 
'•.' 
' " > ( 
. 
33 use 1375 
note. 
(b) REPORTS.—Not later than 2 years after the date of the enact-
ment of this Act, the Administrator shall submit to Congress a 
report on the studies conducted under this section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $7,000,000 for fiscal years beginning after Septem-
ber 30, 1986, to carry out this section. 
SEC. 521. GREAT LAKES CONSUMPTIVE USE STUDY. 
(a) STUDY OF CONSUMPTIVE USES.—In recognition of the serious 
impacts on the Great Lakes environment that may occur as a result 
of increased consumption of Great Lakes water, including loss of 
wetlands and reduction of fish spawning and habitat areas, as well 
as serious economic losses to vital Great Lakes industries, and in 
recognition of the national goal to provide environmental protection 
and preservation of our natural resources while allowing for con-
tinued economic growth, the Secretary of the Army in cooperation 
with the Administrator, other interested departments, agencies, and 
instrumentalities of the United States, and the eight Great Lakes 
States, is authorized to conduct a study of the effecte of Great Lakes 
water consumption on economic growth and environmental quality 
in the Great Lakes region and of control measures that can be 
implemented to reduce the quantity of water consumed. 
(b) MATTERS INCLUDED.—The study authorized by this section shall 
at a minimum include the following: 
(1) a review of the methodologies used to forecast Great Lakes 
consumptive uses, including an analysis of the sensitivity of key 
variables affecting such uses; 
^*" 
(2) an analysis of the effect that enforcement of provisions of 
the Federal Water Pollution Control Act relating to thermal 
discharges has had on consumption of Great Lakes water; 
(3) an analysis of the effect of laws, regulations, and national 
ii policy objectives on consumptive uses of Great Lakes water used 
iti} in manufacturing; 
'ir 
(4) an analysis of the associated environmental impacts and of 
i • the economic effects on industry and other interests in the 
Great Lakes region associated with individual consumptive use 
control strategies; and 
(5) a summary discussion containing recommendations for 
methods of controlling consumptive uses which methods maxi-
mize benefits to the Great Lakes ecosystem and also provide for 
continued full economic growth for consuming industries as 
well as other industries which depend on the use of Great Lakes 
water. 
(c) GREAT LAKES STATES DEFINED.—For purposes of this section, 
the term "Great Lakes States" means Minnesota, Wisconsin, Illi-
nois, Ohio, Michigan, Indiana, Pennsylvania, and New York. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for fiscal years beginning after September 30, 1986, 
$750,000 to carry out this section. Sums appropriated under this 
section shall remain available until expended. 
SEC. 522. SULFIDE CORROSION STUDY. 
(a) STUDY.—The Administrator shall conduct a study of the corro-
sive effects of sulfides in collection and treatment systems, the 
extent to which the uniform imposition of categorical pretreatment 
standards will exacerbate such effects, and the range of available 
options to deal with such effects. 
^ 
., 
,^ 
PUBLIC LAW 100-4—FEB. 4, 1987 
101 STAT. 89 
(b) CONSULTATION.—The study required by this section shall be California. 
conducted in consultation with the Los Angeles City and County 
sanitation agencies. 
(c) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit a report on the results of 
the study, together with recommendations for measures to reduce 
the corrosion of treatment works, to the Committee on Public Works 
and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $1,000,000 to carry out this section for fiscal years 
beginning after September 30,1986. 
SEC. 523. STUDY OF RAINFALL INDUCED INFILTRATION INTO SEWER 
33 USC 1375 
SYSTEMS. 
note. 
(a) STUDY.—The Administrator shall study problems associated 
California, 
with rainfall induced infiltration into wastewater treatment sewer 
systems. As part of such study, the Administrator shall study appro-
priate methods of regulating rainfall induced infiltration into the 
sewer system of the East Bay Municipal Utility District, California. 
(b) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Administrator shall submit to Congress a 
report on the results of such study, along with recommendations on 
reasonable methods to reduce such infiltration. 
SEC. 524. DAM WATER QUALITY STUDY. 
The Administrator, in cooperation with interested States and 
Federal agencies, shall study and monitor the effects on the quality 
of navigable waters attributable to the impoundment of water by 
dams. The results of such study shall be submitted to Congress not 
later than December 31,1987. 
SEC. 525. STUDY OF POLLUTION IN LAKE PEND OREILLE, IDAHO. 
The Administrator shall conduct a comprehensive study of the 
sources of pollution in Lake Pend Oreille, Idaho, and the Clark Fork 
River and its tributaries, Idaho, Montana, and Washington, for the 
purpose of identifying the sources of such pollution. In conducting 
such study, the Administrator shall consider existing studies, sur-
veys, and test results concerning such pollution. The Adminisi rator Reports, 
shall report to Congress the findings and recommendations concern-
ing the study conducted under this section. 
33 USC 1375 
note. 
State and local 
governments. 
33 USC 1375 
note. 
Montana. 
Washington. 
JIM WRIGHT 
Speaker of the House of Representatives. 
JOHN C. STENNIS 
President of the Senate pro tempore. 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
" 
February S. 1987. 
The House of Representatives having proceeded to reconsider the bill (H.R. 1) 
entitled "An Act to amend the Federal Water Pollution Control Act to provide for the 
101 STAT. 90 
PUBLIC LAW 100-4—FEB. 4, 1987 
renewal of the quality of the Nation's waters, and for other purposes", returned by the 
President of the United States with his objections, to the House of Representatives, in 
which it originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
DoNNALD K. ANDERSON 
Clerk. 
I certify that this Act originated in the House of Representatives. 
DoNNALD K. ANDERSON 
,'• v: ''m ,•:::. 
vO- •'Z'^-'K..': 
Clerk. 
IN THE SENATE OF THE UNITED STATES, 
February 4, 1987. 
The Senate having proceeded to reconsider the bill (H.R. 1) entitled "An Act to 
amend the Federal Water Pollution Control Act to provide for the renewal of the 
quality of the Nation's waters, and for other purposes", returned by the President of 
the United States with his objections, to the House of Representatives in which it 
originated, and passed by the House of Representatives on reconsideration of the 
same, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having voted in 
the affirmative. 
Attest: 
, -
WALTER J. STEWART 
Secretary. 
LEGISLATIVE HISTORY—H.R. 1 (S. 1) (S. 76): 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Jan. 8, considered and passed House. 
Jan. 14, 16, 20, 21, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Jan. 30, Presidential veto messages. 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
' ' 
' ' ^- 
-
Feb. 3, House overrode veto. 
Feb. 4, Senate overrode veto.