§1326 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Regulators may set limits on how hot a facility can make the water it discharges so that local shellfish, fish, and wildlife are protected and can keep living and reproducing. If the owner or operator, after a public hearing, proves that a proposed temperature limit is stricter than needed to protect a balanced, native population, the Administrator or the State may set a limit that still ensures protection, taking into account how heat interacts with other pollution. Any rule under sections 1311 or 1316 must require cooling water intakes to be located and built using the best technology available to reduce harm. If a facility with a thermal discharge is changed after October 18, 1972, and the changed facility meets the limits under section 1311 or the tighter limits under section 1313 that protect the native population, it cannot be made to meet stricter temperature limits for ten years after the change or for the depreciation/amortization period under sections 167 or 169 of title 26, whichever ends first.

Title 33, §1326

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)With respect to any point source otherwise subject to the provisions of section 1311 of this title or section 1316 of this title, whenever the owner or operator of any such source, after opportunity for public hearing, can demonstrate to the satisfaction of the Administrator (or, if appropriate, the State) that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the projection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made, the Administrator (or, if appropriate, the State) may impose an effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on that body of water.

(b)Any standard established pursuant to section 1311 of this title or section 1316 of this title and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.

(c)Notwithstanding any other provision of this chapter, any point source of a discharge having a thermal component, the modification of which point source is commenced after October 18, 1972, and which, as modified, meets effluent limitations established under section 1311 of this title or, if more stringent, effluent limitations established under section 1313 of this title and which effluent limitations will assure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in or on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal component of its discharge during a ten year period beginning on the date of completion of such modification or during the period of depreciation or amortization of such facility for the purpose of section 167 or 169 (or both) of title 26, whichever period ends first.

Editorial Notes

Amendments

1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

§1326 Thermal discharges

Summary

Title 33, §1326

Notes & Related Subsidiaries

Editorial Notes

Amendments

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