Page:United States Statutes at Large Volume 101 Part 1.djvu/62

 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 suffit! v nK j 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 USC 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 '

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"(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 paragraph 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 USC 1311

note.

(e) APPLICATION.— ,, (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 Pollution 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

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