§1374 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Creates an Effluent Standards and Water Quality Information Advisory Committee made of a Chairman and eight members. The Administrator must appoint them within sixty days after October 18, 1972. All members must come from the scientific community and have the education, training, and experience to give and review scientific and technical information about effluent standards and water quality. Members serve four-year terms and may be reappointed. Before the Administrator publishes certain proposed water rules required under sections 1314(b), 1316, or 1317, he must send the Committee a notice at least 180 days beforehand. The Chairman can call a public hearing within 10 days of that notice; the hearing must be held within 30 days. The Committee then has 120 days to send any scientific and technical information it has, including hearing testimony. That material becomes part of the official record for the rule. The Committee may use federal scientific help, including the U.S. Geological Survey and national environmental labs. The Committee must hire a Secretary, counsel, and staff and set pay under federal pay laws. Members may be paid at a rate set by the President but not more than the GS–18 top rate (see section 5332 of title 5). Five members make a quorum, and at least five affirmative votes are needed for official actions. The Committee may make its own rules for running its business.

Title 33, §1374

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)There is established an Effluent Standards and Water Quality Information Advisory Committee, which shall be composed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after October 18, 1972.

(2)All members of the Committee shall be selected from the scientific community, qualified by education, training, and experience to provide, assess, and evaluate scientific and technical information on effluent standards and limitations.

(3)Members of the Committee shall serve for a term of four years, and may be reappointed.

(b)(1)No later than one hundred and eighty days prior to the date on which the Administrator is required to publish any proposed regulations required by section 1314(b) of this title, any proposed standard of performance for new sources required by section 1316 of this title, or any proposed toxic effluent standard required by section 1317 of this title, he shall transmit to the Committee a notice of intent to propose such regulations. The Chairman of the Committee within ten days after receipt of such notice may publish a notice of a public hearing by the Committee, to be held within thirty days.

(2)No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice.

(3)Information so transmitted to the Administrator shall constitute a part of the administrative record and comments on any proposed regulations or standards as information to be considered with other comments and information in making any final determinations.

(4)In preparing information for transmittal, the Committee shall avail itself of the technical and scientific services of any Federal agency, including the United States Geological Survey and any national environmental laboratories which may be established.

(c)(1)The Committee shall appoint and prescribe the duties of a Secretary, and such legal counsel as it deems necessary. The Committee shall appoint such other employees as it deems necessary to exercise and fulfill its powers and responsibilities. The compensation of all employees appointed by the Committee shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5.

(2)Members of the Committee shall be entitled to receive compensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5.

(d)Five members of the Committee shall constitute a quorum, and official actions of the Committee shall be taken only on the affirmative vote of at least five members. A special panel composed of one or more members upon order of the Committee shall conduct any hearing authorized by this section and submit the transcript of such hearing to the entire Committee for its action thereon.

(e)The Committee is authorized to make such rules as are necessary for the orderly transaction of its business.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§1374 Effluent Standards and Water Quality Information Advisory Committee

Summary

Title 33, §1374

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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