Page:United States Statutes at Large Volume 91.djvu/1641

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1607

(c) The last sentence of section 405(b) of the Federal Water Pollution Control Act is amended by striking out ", as the Administrator Ante, p. 1591. determines necessary to carry out the objective of this Act". (d) Section 405(c) of the Federal Water Pollution Control Act is amended by striking out "if upon submission" and all that follows down through the period at the end thereof and inserting in lieu thereof the following;: "in accordance with section 402 of this Act.". EMERGENCY

FUND

SEC. 69. Section 504 of the Federal Water Pollution Control Act is amended by inserting " (a) " immediately after "SEC. 504." and by adding at the end thereof the following: "(b)(1) The Administrator is authorized to provide assistance in emergencies caused by the release into the environment of any pollutant or other contaminant including, but not limited to, those which present, or may reasonably be anticipated to present, an imminent and substantial danger to the public health or welfare. "(2) There is hereby established a contingency fund to carry out paragraph (1) of this subsection and there is authorized to be appropriated to such fund not to exceed $10,000,000. The amounts appropriated under this paragraph shall remain available until expended. There is authorized to be appropriated such sums as are necessary to maintain that portion of such fund available for emergency assistance at a $10,000,000 level. "(3) The Administrator shall submit a report annually to each House of Congress on his activities in carrying out this subsection. "(4) This subsection shall, not be construed to relieve the Administrator of any requirement imposed on the Administrator by any other Federal law. Nothing contained in this subsection shall (A) affect any final action taken under such other Federal law, or (B) in any way affect the extent to which human health or the environment is to be protected under such other Federal law. "(5) The Administrator is authorized to provide emergency assistance under this subsection whenever the Administrator determines— "(A) such assistance is immediately required to prevent, limit, or mitigate the emergency; "(B) there is an immediate significant risk to the public health or welfare and the environment; and "(C) such assistance will not otherwise be provided on a timely basis. "(6) Emergency assistance provided under this subsection may include (A) measures to abate and remedy the emergency, (B) the performance of research on the effects of an emergency on public health, welfare, and the environment, and (C) providing officers and employees of the agency to administer, at the site of any emergency, the authority under this or other Federal law to minimize and mitigate the adverse effects of the emergency. "(7) The Administrator shall prepare and publish a contingency plan for responding to emergencies under this subsection. Such contingency plan shall include actions and responsibilities comparable to those specified in section 311(c)(2) of this Act. "(8) If emergency assistance is provided under this subsection in an emergency caused by the discharge of any pollutant subject to section 311 of this Act, the cost of such assistance shall, at the discretion

33 USC 1364.

Contingency fund, appropriation authorization.

Annual report to Congress.

Assistance criteria,



Contingency, plan publication, Ante, p. 1595. Costs,

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