Clean Water Act Amendments of 1983

(Reported to Senate from the Committee on Environment and Public Works with amendment, S. Rept. 98-233)

Clean Water Act Amendments of 1983 - Amends the Clean Water Act, ("the Act") to extend the authorization of appropriations for specified programs under the Act through FY 1987.

Directs the Administrator of the Environmental Protection Agency (EPA) to continue the Chesapeake Bay program and to establish and maintain in the EPA an Office, Division, or Branch of Chesapeake Bay Programs to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate all Federal research projects pertaining to the Bay; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on natural and man-induced environmental changes' impact on the living resources of the Bay, with particular emphasis on the impact of pollutant loadings of nutrients, chlorine, acid precipitation, dissolved oxygen, and toxic pollutants, including organic chemicals, and heavy metals, and with special attention to the impact on the striped bass.

Directs the Administrator, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Requires a State or combination of States to submit a description of proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 55 percent of the plan implementation costs in any year and requires non-Federal sources to provide the remainder of such costs during such fiscal year. Limits administrative costs to ten percent of the annual Federal grant to a State. Requires States to submit progress reports in conjunction with the EPA to the Congress within 18 months after the receipt of such grants.

Directs the Administrator, at the request of the Governor of an affected State and after consultation with appropriate Federal and State agencies and other interested persons, to make a grant for purposes of assessing the principal factors having an adverse effect on the environmental quality of the Narragansett Bay, as perceived by both scientists and users, in conjunction with developing and implementing a management program to improve such Bay's water quality. Requires States to submit descriptions of the proposed programs for the approval of the Administrator. Directs the Administrator to approve such programs if the applicant State demonstrates that it will: (1) establish a committee to provide advice on design and implementation of a management program and to coordinate communication on issues affecting such Bay's water quality; (2) coordinate research and pollution abatement programs to address adverse water quality factors; (3) establish methods for improving sampling data collection and a system for collecting, analyzing, storing, and disseminating such data; and (4) develop, and implement within three years after enactment of this Act, water quality management practices and measures (including land use requirements) to reduce to the greatest extent feasible pollutant loadings in such Bay and to improve its water quality. Limits such grants to 55 percent of the program implementation costs and requires non-Federal sources to provide the remainder. Requires States to submit progress reports to the Administrator, within two years after issuance of such grants and annually thereafter.

Authorizes appropriations for FY 1984 through 1987 for such Chesapeake and Narragansett Bays programs.

Extends compliance dates for the following technology-based requirements: (1) dischargers of certain listed toxic pollutants to achieve best available technology (BAT); (2) dischargers of identified conventional pollutants to achieve best conventional technology (BCT); and (3) dischargers of nonconventional pollutants to achieve best available technology (BAT). Requires such compliance as expeditiously as practicable but in no case later than three years after effluent limitations are promulgate or established, or three years after July 1, 1983, whichever is later, but in no case later than July 1, 1987. Establishes such compliance dates for: (1) best practicable control (BPT) effluent limitations promulgated after January 1, 1982; and (2) effluent limitations established in permits issued after enactment of this Act on the basis of best engineering or professional judgment, in lieu of effluent guidelines for BPT, BAT, or BCT for toxic conventional or nonconventional pollutants.

Revises "ocean waiver" provisions relating to issuance of permits with modified secondary treatment requirements with respect to an existing pollutant discharge from a publicly owned treatment works into marine waters. Requires an applicant for an ocean waiver to: (1) assure continued compliance with all applicable pretreatment requirements by sources introducing waste into such treatment works; (2) in the case of any treatment works serving a population of 5,000 or more, have adopted and be enforcing a program to control the entrance of toxic pollutants from industrial sources into such treatment works which is comparable to that required under Federal categorical pretreatment standards; and (3) at the time such waiver becomes effective, be discharging effluent which was received at least primary or equivalent treatment, including disinfection where appropriate. Requires, as a condition for such ocean waivers, that the marine waters into which the applicant plans to discharge exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously discharged effluent from such treatment works. Prohibits issuance of ocean waiver permits authorizing the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish, and wildlife, or allow recreation in and on the waters, or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and protection of such uses. Provides for a 30-day period after enactment of this Act during which a publicly owned treatment works may apply for an ocean waiver in its own right, if prior to December 31, 1982, it had a contract to discharge its sewage into another publicly owned treatment works which has applied for or received an ocean waiver.

Provides for water quality-based effluent limitations after the attainment of best available technology (BAT) requirements.

Revises water quality inventory provisions to require States, within two years after the enactment of this Act, to identify those waters with or adjacent to them which will not meet specified State water quality standards and water quality and public health objectives of the Act because of toxic pollutants after BAT implementation. Revises information and guidelines provisions to direct the Administrator, after consultation with appropriate State agencies, to develop and publish: (1) within nine months after enactment of this Act, guidance to the States on performing such identification; and (2) within two years after such enactment, information on methods for establishing and measuring water quality criteria for toxic pollutants on other bases than pollutant-by-pollutant criteria, including biological monitoring and assessment methods.

Requires a State, whenever it reviews or revises existing water quality standards or adopts new standards, to adopt criteria for all toxic pollutants listed pursuant to specified provisions of the Act, the discharge or presence of which in the affected waters could reasonably be expected to interfere with designated water uses, as necessary to support such designated uses. Requires that such criteria be specific numerical criteria for such toxic pollutants. Allows, in addition, such criteria to include criteria based on biological monitoring or assessment methods consistent with the information published by the Administrator. Requires that particular attention be given to toxic pollutants which are highly persistent in the environment, bio-accumulative, or known as suspected carcinogens, mutagens, or teratogens. Requires a State, in revising or adopting new water quality standards, to: (1) upgrade the designated use for a portion of the navigable waters to reflect the use actually being attained whenever the existing water quality standard specifies a use that is less protective or beneficial than that presently being attained; and (2) adopt new or additional criteria to protect such use. Prohibits a State from adopting uses that would require less stringent criteria than those in existing standards unless the State demonstrates that such existing standards are unattainable. Prohibits a State from adopting waste transport or equivalent functions as a designated use for any navigable waters.

Requires each State, as part of its water quality standards program to implement a statewide antidegradation policy consistent with maintenance and protection of: (1) existing uses actually attained in a water body and the water quality level necessary for their support; and (2) the quality of waters whose existing quality exceeds those levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water. Allows degradation of water quality only upon a State finding, after intergovernmental coordination and public participation provisions of its continuing planning process have been fully satisfied, that: (1) allowing lower water quality is necessary to accommodate economic or social development essential to the area; (2) no feasible and prudent alternatives to the water quality impact of such development exist; and (3) all practicable measures for point and non-point sources to reduce or offset such effects on water quality will be taken. Requires the State, in allowing such degradation, to provide an adequate margin of safety in defining appropriate water quality criteria. Prohibits any such degradation which interferes with existing uses actually attained. Prohibits any degradation in high quality waters which constitute an outstanding national resource, such as waters of national and State parks, wilderness areas, wild or scenic rivers, wildlife refuges, and other waters of exceptional recreational or ecological significance.

Requires each State, within two years after the submittal of the identification of waters with toxic pollutant water quality standard problems, to establish effluent limitations for point sources discharging into each portion of the identified navigable waters as necessary to attain applicable water quality standards, taking into account any substantial nonpoint source contributions of toxic pollutants and existing or planned controls on all sources. Requires that such effluent limitations be incorporated in permits providing for compliance as expeditiously as practicable, but no later than three years after the establishment of the effluent limitation.

Revises requirements for water quality related effluent limitations to include coverage of point source discharges of pollutants into waters identified by States as having toxic pollutant problems even after BAT compliance. Adds assurance of public health protection as one of the water quality factors to be provided for under such effluent limitations.

Directs the Administrator, prior to the establishment of any water quality related effluent limitation, to publish such proposed limitation and hold a public hearing within 90 days of such publication. Authorizes the Administrator, with State concurrence, to issue a permit which modifies such effluent limitations for: (1) pollutants other than toxic pollutants, if the applicant demonstrates at such hearing that there is no reasonable relationship between the economic and social costs and the benefits to be obtained from achieving such limitation; and (2) toxic pollutants, for a single period not to exceed five years, if the applicant demonstrates at such hearing that such modified requirements will represent the maximum degree of control within the economic capability of the owner and operator of the source and will result in reasonable further progress beyond BAT requirements toward the level required by water quality related effluent limitations.

Directs the Administrator, within three years after enactment of this Act, to publish regulations providing guidelines for effluent limitations under specified provisions of the Act for industrial categories of point sources discharging significant amounts of toxic pollutants, for which guidelines have not been published previously.

Revises provisions for permit issuance under the national pollutant discharge elimination system (NPDES) to prohibit the Administrator from requiring pretreatment by dischargers of identified conventional pollutants as a substitute for municipal treatment adequate to meet permit requirements for a publicly owned treatment works if such discharger is in compliance with all applicable requirements of approved local pretreatment programs. Provides that such prohibition shall not: (1) affect specified authority of the Administrator or of State or local governments; (2) relieve such treatment works of the obligation to meet requirements; or (3) preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit.

Revises provisions for civil and criminal penalties. Increases the daily maximum civil penalty which may be imposed by a U.S. District Court for specified violations of the Act from $10,000 to $25,000 per day. Authorizes the Administrator, in addition to any other relief provided and after notifying the State in which a specified violation occurs, to assess a civil penalty of not more than $10,000 per day of violation, not to exceed $75,000 in total. Sets forth procedural requirements, including judicial review, for such penalty assessment by the Administrator. Sets forth criminal penalties for specified negligent or knowing violations of the Act.

Provides for partial NPDES program approval. Authorizes the Administrator to approve a Governor's submission of a plan to administer part of an NPDES State permit program, under specified conditions.

Revises provisions for NPDES permit terms and reopeners. Increases the maximum permit term to ten years for permits which do not include waivers or modifications of specified requirements. Retains the five-year maximum term for permits which include such waivers or modifications. Requires that permits be promptly modified whenever new or revised requirements under specified provisions of the Act are established which are more stringent than any requirement in the permit or which control pollutants not limited in the permit.

Revises provisions for judicial review of the Administrator's actions under the Act. Provides that proper venue for such judicial review shall be in the Circuit Court of Appeals of the United States for the Federal judicial district in which the applicant resides or transacts business which is directly affected by such EPA action. Increases from 90 to 120 days the period within which an application for such judicial review must be made. Establishes a random selection procedure, to be administered by the Administrative Office of the United Stats Courts, to determine in an orderly fashion the U.S. Circuit Court of Appeals in which an EPA action under the Act is to be reviewed, when applications for review have been filed in two or more U.S. Circuit Courts of Appeals. Authorizes any court in which an application with respect to such an EPA action has been filed, including any court selected under the random selection procedure, to transfer such application to any other U.S. Circuit Court of Appeals for the convenience of the parties or in the interest of justice. Authorizes the court in any such judicial review proceeding to award costs of litigation to any prevailing or substantially prevailing party whenever it determines that such award is appropriate.

Revises provisions for citizen suits under the Act to limit the award of costs of litigation to prevailing or substantially prevailing parties.

Establishes a nonpoint source pollution management program. Authorizes appropriations for FY 1984 through 1987 to implement management programs for the control of nonpoint sources of pollution.

Exempts certain stormwater runoff discharges from permit requirements and effluent limitations. Provides such exemption for discharges of stormwater runoff from mining operations or oil or gas exploration, production, processing, or treatment operations, if such discharges are: (1) composed entirely of flows from conveyances or systems of conveyances (including pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff; and (2) not contaminated with process wastes, overburden, raw materials, toxic pollutants, hazardous substances in excess of reportable quantities, or oil or grease.

Sets forth anti-backsliding requirements relating to renewal or reissuance of NPDES permits.

Revises provisions for relating to sewage sludge disposal. Directs the Administrator to identify: (1) within six months after the enactment of this Act, those toxic pollutants which on the basis of specified available information may be present in sewage sludge in concentrations which may adversely affect public health or the environment ("the first group"); and (2) within 18 months after such enactment, those toxic pollutants not identified in the first group which may be present in sewage sludge in concentrations which may adversely affect public health or the environment ("the second group"). Directs the Administrator to publish regulations specifying acceptable management practices for sewage sludge containing each toxic pollutant identified in these groups, establishing numerical limitations for each such pollutant, and requiring compliance within six months after publication. Requires that such regulations be published: (1) for the first group within 18 months after enactment of the Act; and (2) for the second group within 30 months after such enactment. Authorizes the Administrator, if the Administrator judges it not feasible to prescribe or enforce a numerical limitation for a pollutant identified in the second group, to promulgate instead a design, equipment, management practice, or operational standard, or combination thereof, which the Administrator judges adequate to protect public health and the environment from any reasonably anticipated adverse effects of such pollutant. Directs the Administrator to include in any such design or equipment standard such requirements as will assure proper operation and maintenance of any such element of design or equipment. Declares that nothing in such amendments to the Act relating to sewage sludge authorizes the establishment of any requirement or time for compliance which is less stringent than required by other law.

Revises provisions for interstate dispute resolution. Directs the Administrator to object to the issuance of a permit under the NPDES program upon determination that such issuance will result in any violation of a water quality standard of the affected State, adverse effect on public health, or other demonstrated harm to the interests of the affected State. Provides that such determinations of the Administrator shall be reviewable in the appropriate Circuit Court of Appeals. Requires that an NPDES permit which is in effect shall be reconsidered for termination or modification at any time a State other than that in which the source is located provides notice that the permitted discharge is adversely affecting the waters of such State and seeks a modification of such permit.

Allows any State or municipality whose water quality is adversely affected by pollutants or contaminants from another State to petition the Administrator. Requires, in cases where the pollutant complained of is discharged pursuant to permit, the petitioner to have previously exhausted relief available under NPDES interstate dispute resolution provisions. Directs the Administrator, upon determining on the record after opportunity for an EPA hearing that such pollution contamination endangers the public health or welfare, or causes or contributes to a violation of water quality standards or other demonstrable harm, to issue an order restraining any person causing or contributing to such pollution or providing other appropriate relief, taking into account the goals and requirements of the Act and other equitable considerations.

Revises citizen suit provisions relating to preservation of other rights. Declares that nothing in the Act shall: (1) be construed, interpreted, or applied to displace, preempt, or limit the rights or liabilities of any person under State common law; or (2) affect or modify in any way the liabilities of any person under other Federal statutes for damages caused by noncompliance with any requirement of, or permit issued under, the Act. Allows any person injured by an act or activity within the field covered by the Act to file an action and be granted relief which is provided under the statutory or common law of the State in which the person resides or in which the claim arose to the extent provided in such State law. Allows a State or municipality to file an action in, or seek and receive removal to, a Federal district court in such State or the State in which the claim arose, in any case involving the application of State common or statutory law to an instance where a discharge of pollutants or other pollution arising in another State is alleged to have an adverse effect on the public health or welfare or the attainment of any water quality requirement of such State or municipality.

Directs the Administrator, within two years after the date of enactment of this Act, to submit reports to the Congress on hazardous wastes identified or listed under specified provisions of the Solid Waste Disposal Act which are excluded from regulation under hazardous waste management provisions of such Act (under regulations exempting mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works for treatment). Requires that such report: (1) specify the types and quantities of such hazardous wastes which are exempted pursuant to such regulations; and (2) include recommendations respecting whether or not other provisions of law applicable to such mixtures are adequate to protect human health and the environment from hazards associated with such wastes or whether regulation of such mixtures under the hazardous waste management provisions of such Act is necessary.

Provides that, for purposes of complying with specified requirements for grants for treatment works, the ad valorem tax user charge system of the Town of Hampton, New Hampshire, shall be deemed to have been dedicated as of December 27, 1977. Directs the Administrator to review such system for compliance with specified remaining requirements and related EPA regulations.