Page:United States Statutes at Large Volume 91.djvu/1620

 91 STAT. 1586

33 USC 1284. 33 USC 1317.

PUBLIC LAW 95-217—DEC. 27, 1977 July 1, 1983, and will meet the requirements of subsections (b)(1) (B) and (C) of this section after receiving the discharge from that point source; and (ii) the point source and the publicly owned treatment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 204 of this Act, and the publicly owned treatment works to accept the discharge from the point source; and (iii) the permit for such point source requires that point source to meet all requirements under section 307(a) and (b) during the period of such time modification.". PROCEDURE FOR

Applications conditions. Ante, p. 1584.

33 USC 1314.

SEC. 46. Section 301 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(j)(1) Any application filed under this section for a modification of the provisions of— "(A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later than 270 days after the date of enactment of the Clean Water Act of 1977; "(B) subsection (b)(2)(A) as it applies to pollutants identified in subsection (b)(2)(F) shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304 or not later than 270 days after the date of enactment of the Clean Water Act of 1977, whichever is later. "(2) Any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this Act, unless in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Administrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought.". INNOVATIVE

eompliance date extension. Supra.

MODIFICATIONS

TECHNOLOGY

SEC. 47. Section 301 of the Federal Water Pollution Control Act is amended by adding at the end thereof a new subsection as follows: " (k) In the case of any facility subject to a permit under section 402 which proposes to comply with the requirements of subsection (b)(2) (A) of this section by replacing existing production capacity with an innovative production process which will result in an effluent reduction significantly greater than that required by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollutants, or with the installation of an innovative control technique that has a substantial likelihood for enabling the facility to comply with the applicable effluent limitation by achieving a significantly greater effluent reduction than that required by the applicable effluent limitation and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an innovative system that has

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