Page:United States Statutes at Large Volume 91.djvu/1623

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1589

mines, to provide for the maximum utilization of other Federal laws and programs for the purpose of achieving and maintaining water quality through appropriate implementation of plans approved under 33 USC 208. section 208 of this Act. "(2) The Administrator is authorized to transfer to the Secretary Funds, transfer. of Agriculture, the Secretary of the Army, and the Secretary of the Interior and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator determines, any funds appropriated under paragraph (3) of this subsection to supplement funds otherwise appropriated to programs authorized pursuant to any agreement under paragraph (1). "(3) There is authorized to be appropriated to carry out the provi- Appropriation sions of this subsection, $100,000,000 per fiscal year for the fiscal years authorization. 1979 through 1983.". STATE REPORTS

SEC. 52. Subsection (b) of section 305 of the Federal Water Pollution 33 USC 1315. Control Act is amended— (1) by striking out "January 1, 1975, and shall bring up to date each year thereafter," in paragraph (1) and inserting in lieu thereof "April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter,"; and (2) by striking out "annually" in paragraph (2) and inserting in lieu thereof the following: "October 1, 1976, and biennially". TOXIC POLLUTANTS

SEC. 53. (a) Paragraphs (1), (2), and (3) of section 307(a) of the Federal Water Pollution Control Act are amended to read as follows: "(a)(1) On and after the date of enactment of the Clean Water Act of 1977, the list of toxic pollutants or combination of pollutants subject to this Act shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95-30 of the Committee on Public Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after the date of enactment of the Clean Water Act of 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, including the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such organisms. A determination of the Administrator under this paragraph shall be final except that if, on judicial review, such determination was based on arbitrary and capricious action of the Administrator, the Administrator shall make a redetermination. "(2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable category or class of point sources established in accordance with sections 301(b)(2)(A) and 304(b)(2) of this Act. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establishing requirements for a toxic pollutant which, if an effluent limitation is applicable to a class or category of point sources,

Effluent standards list, publication and revision. 33 USC 1317.

Redetermination.

Ante, pp. 1583, 1587. Standards promulgation, publication in Federal Register.

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