Page:United States Statutes at Large Volume 101 Part 1.djvu/70

 101 STAT. 40

PUBLIC LAW 100-4—FEB. 4, 1987 •"'

"(A) No REASONABLE RELATIONSHIP.—The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants 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 modifies the effluent limitations required by subsection (a) of this section for toxic pollutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the 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.".

'

"^ ,:.": xtt*^' -W: ,ri .:u / i 33 USC 1311. 33 USC 1312. Ante, p. 38.

,,

(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 o f. (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.—

Federal Register, publication.

"<•

33 USC 1316. 2¥

., ' -' f 33 USC 1375 note.

1

"(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 Register a plan which shall— "(A) establish a schedule for the annual review and revision 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 categories identified in the first published plan or 3 years after the publication of the plan for categories identified in later published plans. "(2) PUBLIC REVIEW.—The Administrator shall provide for public review and comment on the plan prior to final publication.". (g) WATER QUALITY IMPROVEMENT STUDY.—

t « 5 -'

(1) STUDY.—The Administrator shall study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to section 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

�