760 



stringent standard of performance during a ten- 

 year period beginning on the date of completion of 

 such construction or during the period of deprecia- 

 tion or amortization of such facility for the pur- 

 poses of section 167 or 169 (or both) of Title op 

 whichever period ends first. 



(e) Illegality of operation of new sources in violation 

 of applicable standards of performance. 



After the effective date of standards of perform- 

 ance promulgated under this section, it shall be un- 

 lawful for any owner or operator of any new source 

 to operate .such source in violation of any standard 

 of performance applicable to such source. (June 30, 

 1948, ch. 758, title III, § 306, as added Oct. 18, 1972, 

 Pub. L. 92-500, § 2, 86 Stat. 854.) 



§1317. Toxic and pretreatment effluent standards; es- 

 tablishment; revision; illegality of source opera- 

 tion in violation of standards. 



(a)(1) The Administrator shall, within ninety 

 days after October 18, 1972, publish (and from time 

 to time thereafter revise) a list which includes any 

 toxic pollutant or combination of such pollutants 

 for which an effluent standard (which may include 

 a prohibition of the discharge of such pollutants or 

 combination of such pollutants) will be established 

 under this section. The Admini,'",trator in publishing 

 such list shall take into account the toxicity of the 

 pollutant, its persistence, degradability, the usual 

 or potential presence of the affected organisms in 

 any waters, the importance of the affected orga- 

 nisms and the nature and extent of the effect of the 

 toxic pollutant on such organisms. 



(2) Within one hundred and eighty days after the 

 date of publication of any list, or revision thereof, 

 containing toxic pollutants or combination of pol- 

 lutants under paragraph (1) of this subsection, the 

 Administrator, in accordance with section 553 of 

 Title 5. shall publish a proposed effluent standard 

 (or a prohibition) for such pollutant or combina- 

 tion of pollutants, which shall take into account the 

 toxicity of the pollutant, its persistence, degrada- 

 bility, the usual or potential presence of the affected 

 organisms in any waters, the importance of the af- 

 fected organisms and the nature and extent of the 

 effect of the toxic pollutant on such organisms, and 

 he shall publish a notice for a public hearing on such 

 proposed standard to be held within thirty days. As 

 soon as possible after such hearing, but not later 

 than six months after publication of the proposed 

 effluent standard (or prohibition), unless the Ad- 

 ministrator finds, on the record, that a modification 

 of such proposed standard (or prohibition) is jus- 

 tified based upon a preponderance of evidence ad- 

 duced at such hearings, such standard (or prohibi- 

 tion) shall be promulgated. 



(3) If after a public hearing the Administrator 

 finds that a modification of such proposed standard 

 (or prohibition) is justified, a revised effluent stand- 

 ard (or prohibition) for such pollutant or combina- 

 tion of pollutants shall be promulgated immediately. 

 Such standard <or prohibition) shall be reviewed 

 and, if appropriate, revised at least every three 

 years. 



(4) Any effluent standard promulgated under this 

 section shall be at that level which the Administra- 



tor determines provides an ample margin of safety. 

 151 When proposing or promulgating any effluent 

 standard (or prohibition) under this section, the Ad- 

 ministrator shall designate the category or cate- 

 gories of sources to which the effluent standard (or 

 prohibition) shall apply. Any disposal of dredged 

 material may be included in such a category of 

 sources after consultation with the Secretary of the 

 Army. 



(6) Any effluent standard lor prohibition) estab- 

 lished pursuant to this section shall take effect on 

 such date or dates as specified in the order promul- 

 gating such standard, but in no case more than one 

 year from the date of such promulgation. 



(7) Prior to publishing any regulations pursuant 

 to this section the Administrator shall, to the max- 

 imum extent practicable within the time provided, 

 consult with appropriate advisory committees, 

 States, independent experts, and Federal depart- 

 ments and agencies. 



(bMl) The Administrator shall, within one hun- 

 dred and eighty days after October 18, 1972, and 

 from time to time thereafter, publish proposed regu- 

 lations establishing pretreatment standards for in- 

 troduction of pollutants into treatment works (as de- 

 fined in section 1292 of this title) which are publicly 

 owned for those pollutants which are determined 

 not to be susceptible to treatment by such treatment 

 works or which would interfere with the operation 

 of such treatment works. Not later than ninety 

 days after such publication, and after oppor- 

 tunity for public hearing, the Administrator 

 shall promulgate such pretreatment standards. 

 Pretreatment standards under this subsection 

 shall specify a time for compliance not to exjeed 

 three years from the date of promulgation and shall 

 be established to prevent the discharge of any pol- 

 lutant through treatment works (as defined m sec- 

 tion 1292 of this title) which are publicly owned, 

 which pollutant interferes with, passes through, or 

 otherwise is incompatible with such works. 



(2) The Administrator shall, from time to time, 

 as control technology, processes, operating methods, 

 or other alternatives change, revise such standards 

 following the procedure established by this subsec- 

 tion for promulgation of such standards. 



(3) When proposing or promulgating any pre- 

 treatment standard under this section, the Admin- 

 istrator shall designate the category or categories of 

 sources to which such standard shall apply. 



(4) Nothing in this subsection shall affect any 

 pretreatment requirement established by any State 

 or local law not in conflict with any pretreatment 

 standard established under this subsection. 



(c) In order to insure that any source introduc- 

 ing pollutants into a publicly owned treatment 

 works, which source would be a new source subject 

 to section 1316 of this title if it were to discharge 

 pollutants, will not cause a violation of the effluent 

 limitations established for any such treatment 

 works, the Administrator shall promulgate pretreat- 

 ment standards for the category of such sources 

 simultaneously with the promulgation of standards 

 of performance under section 1316 qf this title for 

 the equivalent category of new sources. Such pre- 

 treatment standards shall prevent the discharge of 



