101 STAT. 38
PUBLIC LAW 100-4—FEB. 4, 1987 SEC. 308. INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.
33 USC 1314.
(a) IN GENERAL.—Section 304 is amended by adding at the end thereof the following new subsection: "(1) INDIVIDUAL CONTROL STRATEGIES FOR TOXIC POLLUTANTS.— "(1) STATE LIST OF NAVIGABLE WATERS AND DEVELOPMENT OF
STRATEGIES.—Not later than 2 years after the date of the enactment of this subsection, each State shall submit to the Administrator for review, approval, and implementation under this subsection— Agriculture and "(A) a list of those waters within the State which after agricultural the application of effluent limitations required under seccommodities. tion 301(b)(2) of this Act cannot reasonably be anticipated to Fish and fishing. attain or maintain (i) water quality standards for such Wildlife. waters reviewed, revised, or adopted in accordance with 33 USC 1311. section 303(c)(2)(B) of this Act, due to toxic pollutants, or (ii) 33 USC 1313. that water quality which shall assure protection of public ••' health, public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activities in and on the water; "(B) a list of all navigable waters in such State for which the State does not expect the applicable standard under section 303 of this Act will be achieved after the requirements of sections 3010t)), 306, and 3070t)) are met, due 33 USC 1316, 1317. entirely or substantially to discharges from point sources of ' any toxic pollutants listed pursuant to section 307(a); "^ "(C) for each segment of the navigable waters included on such lists, a determination of the specific point sources discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount of each such toxic pollutant discharged by each such source; and "(D) for each such segment, an individual control strategy ' which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identified
- -' '< by the State under this paragraph through the establish33 USC 1342.
ment of effluent limitations under section 402 of this Act and water quality standards under section 303(c)(2)(B) of this Act, which reduction is sufficient, in combination with • existing controls on point and nonpoint sources of pollution, to achieve the applicable water quality standard as soon as ^
possible, but not later than 3 years after the date of the establishment of such strategy. State and local "(2) APPROVAL OR DISAPPROVAL.—Not later than 120 days after governments. the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or disapprove the control strategies submitted under paragraph (1) by any State. "(3) ADMINISTRATOR'S ACTION.—If a State fails to submit control strategies in accordance with paragraph (1) or the Administrator does not approve the control strategies submitted by such State in accordance with paragraph (1), then, not later than 1 k year after the last day of the period referred to in paragraph (2), T the Administrator, in cooperation with such State and after T notice and opportunity for public comment, shall implement the I requirements of paragraph (1) in such State. In the implementation of such requirements, the Administrator shall, at a mini-
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