A bill to amend the Federal Water Pollution Control Act to allow modifications of certain effluent limitations relating to biochemical oxygen demand and pH.
PL 97-440 (H.R.7159), enacted 01/08/1983

PUBLIC LAW 97-440—JAN. 8, 1983 
96 STAT. 2289 
Public Law 97-440 
97th Congress 
An Act 
To amend the Federal Water Pollution Control Act to allow modifications of certain 
effluent limitations relating to biochemical oxygen demand and pH. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 301 of 
the Federal Water Pollution Control Act is amended by adding at 
the end thereof the following new subsection: 
"(mXD The Administrator, with the concurrence of the State, may 
issue a permit under section 402 which modifies the requirements of 
subsections (bXlXA) and (bX2XE) of this section, and of section 403, 
with respect to effluent limitations to the extent such limitations 
relate to biochemical oxygen demand and pH from discharges by an 
industrial discharger in such State into deep waters of the territo-
rial seas, if the applicant demonstrates and the Administrator finds 
that— 
"(A) the facility for which modification is sought is covered at 
the time of the enactment of this subsection by National Pollut-
ant Discharge Elimination System permit number CA0005894 
or CA0005282; 
"(B) the energy and environmental costs of meeting such 
requirements of subsections 0)X1XA) and 0))(2XE) and section 
403 exceed by an unreasonable amount the benefits to be ob-
tained, including the objectives of this Act; 
"(C) the applicant has established a system for monitoring the 
impact of such discharges on a representative sample of aquatic 
biota; 
"(D) such modified requirements will not result in any addi-
tional requirements on any other point or nonpoint source; 
"(E) there will be no new or substantially increased dis-
charges from the point source of the pollutant to which the 
modification applies above that volume of discharge specified in 
the permit; 
"(F) the discharge is into waters where there is strong tidal 
movement and other hydrological and geological characteristics 
which are necessary to allow compliance with this subsection 
and section 101(aX2) of this Act; 
"(G) the applicant accepts as a condition to the permit a 
contractural obligation to use funds in the amount required (but 
not less than $250,000 per year for ten years) for research and 
development of water pollution control technology, including 
but not limited to closed cycle technology; 
"(H) the facts and circumstances present a unique situation 
which, if relief is granted, will not establish a precedent or the 
relaxation of the requirements of this Act applicable to simi-
larly situated discharges; and 
"(I) no owner or operator of a facility comparable to that of 
the applicant situated in the United States has demonstrated 
that it would be put at a competitive disadvantage to the 
Jan. 8, 1983 
[H.R. 7159]' 
Federal Water 
Pollution 
Control Act, 
amendment. 
33 u s e 1311. 
33 u s e 1342. 
33 u s e 1343. 
33 u s e 1251. 
96 STAT. 2290 
PUBLIC LAW 97-440—JAN. 8, 1983 
applicant (or the parent company or any subsidiary thereof) as a 
result of the issuance of a permit under this subsection. 
"(2) The efQuent limitations established under a permit issued 
under paragraph (1) shall be sufficient to implement the applicable 
State water quality standards, to assure the protection of public 
water supplies and protection and propagation of a balanced, indig-
enous population of shellfish, fish, fauna, wildlife, and other aquatic 
oi^anisms, and to allow recreational activities in and on the water. 
In setting such limitations, the Administrator shall take into ac-
count any seasonal variations and the need for an adequate margin 
of safety, considering the lack of essential knowledge concerning the 
relationship between effluent limitations and water quality and the 
lack of essential knowledge of the effects of discharges on beneficial 
uses of the receiving waters. 
"(3) A permit under this subsection may be issued for a period not 
to exceed five years, and such a permit may be renewed for one 
additional period not to exceed five years upon a demonstration by 
the applicant and a finding by the Administrator at the time of 
application for any such renewal that the provisions of this subsec-
tion are met. 
"(4) The Administrator may terminate a permit issued under this 
subsection 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: Pmvided, That if the effluent from a source with a 
permit issued under this subsection is contributing to a decline in 
ambient water quality of the receiving waters, the Administrator 
shall terminate such permit.". 
Approved January 8, 1983. 
LEGISLATIVE HISTORY—H.R. 7159: 
HOUSE REPORT No. 97-868 (Comm. on Public Works and Transportation). 
SENATE REPORT No. 97-686 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 29, considered and passed House. 
Dec. 19, considered and passed Senate, amended. 
Dec. 20, House concurred in Senate amendment.