38 1 (4) Section 301(c) of the Federal Water Pollution 2 Control Act (33 U.S.C 1311(c)) is repealed. 3 (5) Section 402 of the Federal Water Pollution Con 4 trol Act (33 U.S.C. 1342) is amended by inserting 5 "304(b)," after "302," in the first sentence thereof. 6 (6) Section 402(b)(1)(A) of the Federal Water Pollu 7 tion Control Act (33 U.S.C. 1342(b)(1)(A)) is amended 8 by inserting "304(b)," after “302". 9 (c) REVISION OF GUIDELINES AND STANDARDS.— 10 Section 301(d) of the Federal Water Pollution Control Act 11 (33 U.S.C. 1311(d)) is amended to read as follows: "(d) REVISION OF GUIDELINES. "(1) Any effluent guideline required pursuant to subsection (b)(2) or promulgated under section 304(b) shall be reviewed and revised, pursuant to the provisions of such section, not less frequently than every seven years according to the schedule established under section 304(m). Notwithstanding the schedule for review included in the previous sentence, the Administrator shall revise an effluent guideline on a date earlier than otherwise required by the previous sentence whenever evidence is available to the Administrator indicates that advances in pollution control technology or practice, including toxic use and waste reduction measures, would S 1081 IS 39 achieve a significant reduction in the quantity of toxicity of pollutants discharged to navigable waters by sources in the category and such advances are technologically and economically achievable for a category or class of sources. "(2) Not later than three years after the date of enactment of the Water Pollution Prevention and Control Act of 1991, the Administrator shall, after notice and opportunity for public comment, promulgate a standard of performance for new sources in every category and subcategory for which an effluent guideline has been promulgated prior to such date of enactment. Each guideline in effect on the date of enactment of this paragraph, including each guideline applicable to any subcategory of sources under a guideline, shall be reviewed and revised, according to the provisions of paragraph (1) and sections 304(b) and 304(m), not later than seven years after such date of enactment. Any effluent guideline, performance standard or pretreatment standard in effect on the date of enactment of this paragraph shall remain in effect until a revised guideline or standard applicable to the same category or class of sources has been promulgated by the Administrator. If a timely petition for review of any guideline or stand S 1081 IS 1 2 3 4 5 6 7 8 9 40 ard under section 509 is pending on such date of en actment, the guideline or standard shall be upheld if it complies with the requirements of this Act as in effect before that date. If any such guideline or standard is remanded to the Administrator, the Administrator may in the Administrator's discretion apply either (i) the requirements of this Act, or (ii) the requirements of this Act in effect immediately prior to the date of enactment of this paragraph 10 when repromulgating the guideline or standard.". 11 (d) NEW SOURCE PERFORMANCE STANDARDS.—(1) 12 Section 306(a)(1) of the Federal Water Pollution Control 13 Act (33 U.S.C. 1316(a)(1)) is amended to read as follows: "(1) The term "standard performance" means 14 a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent re duction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives. In determining the best available demonstrated control technology, the Administrator shall "(i) rely upon and require, to the maxi mum extent practicable, toxic use and waste reduction measures and practices including S 1081 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 41 changes in production processes, products of raw materials that reduce, avoid or eliminate the use of toxic or hazardous substances and the generation of toxic or hazardous byproducts so as to reduce the overall risk of adverse effects to the health of workers and the public and to the environment; "(ii) eliminate the discharge of pollutants to navigable waters if the Administrator finds that such elimination is technologically and eco nomically achievable for the category or class of sources to which the standard applies; "(iii) prohibit or limit the release of such pollutants to other environmental media (including ground water) to the extent such prohibition or limitation is technologically or eco nomically achievable for the category or class of sources to which the standard applies; and "(iv) prohibit specific control measures or practices which, in the judgment of the Admin istrator, are likely to have a significant adverse impact on any environmental media.”. (2) Section 306(b)(1)(B) of the Federal Water Pollu 24 tion Control Act (33 U.S.C. 1316(b)(1)(B)) is amended 25 to read as follows: S 1081 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 42 "(B) As soon as practicable, but in no case more than one year after a category of sources is included on the list under subparagraph (A), the Administrator shall, after notice and opportunity for comment, promulgate regulations establishing standards of performance for new sources in such category. The Administrator shall promulgate or revise regulations establish ing standards of performance for new sources in a category whenever the Administrator pro mulgates or revises effluent guidelines under section 301(b) or 304(b) for such category. The Administrator shall from time to time, but not less often than every seven years, review and revise such standards. Standards of performance, or revisions thereof, shall become effective upon promulgation.". (e) PLAN FOR GUIDELINE AND STANDARDS DEVEL 19 OPMENT. (1) Section 304 (m) of the Federal Water Pollution Control Act (33 U.S.C. 1314(m)) is amended by: S 1081 IS |