Page:United States Statutes at Large Volume 96 Part 2.djvu/927

 PUBLIC LAW 97-440—JAN. 8, 1983

96 STAT. 2289

Public Law 97-440 97th Congress An Act To amend the Federal Water Pollution Control Act to allow modifications of certain effluent limitations relating to biochemical oxygen demand and pH.

Jan. 8, 1983 [H.R. 7159]'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301 of Federal Water the Federal Water Pollution Control Act is amended by adding at Pollution Control Act, the end thereof the following new subsection: amendment. "(m)(1) The Administrator, with the concurrence of the State, may 33 USC 1311. issue a permit under section 402 which modifies the requirements of 33 USC 1342. subsections (b)(l)(A) and (b)(2)(E) of this section, and of section 403, 33 USC 1343. with respect to effluent limitations to the extent such limitations relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Administrator finds that— "(A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Discharge Elimination System permit number CA0005894 or CA0005282; "(B) the energy and environmental costs of meeting such requirements of subsections 0)X1XA) and 0))(2)(E) and section 403 exceed by an unreasonable amount the benefits to be obtained, including the objectives of this Act; "(C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota; "(D) such modified requirements will not result in any additional requirements on any other point or nonpoint source; "(E) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; "(F) the discharge is into waters where there is strong tidal movement and other hydrological and geological characteristics which are necessary to allow compliance with this subsection 33 USC 1251. and section 101(a)(2) of this Act; "(G) the applicant accepts as a condition to the permit a contractural obligation to use funds in the amount required (but not less than $250,000 per year for ten years) for research and development of water pollution control technology, including but not limited to closed cycle technology; "(H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relaxation of the requirements of this Act applicable to similarly situated discharges; and "(I) no owner or operator of a facility comparable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the

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