1972, December, Pg. 9. Federal Water Pollution Control Act Amendments: A Summary.

• Author: by Jerry W. Raisch

2 Colo.Law. 9

Colorado Lawyer

1972.

1972, December, Pg. 9.

Federal Water Pollution Control Act Amendments: A Summary

9Vol. 2, No. 2, Pg. 9

Federal Water Pollution Control Act Amendments: A Summaryby Jerry W. RaischJerry W. Raisch, Denver, is staff attorney and legal advisor for the Denver regional office of the U.S. Environmental Protection Agency.The Federal Water Pollution Control Act Amendments of 1972 became law on October 18, when Congress overrode a presidential veto by a vote of 247 to 23 in the House and 52 to 12 in the Senate. The "amendments" bear little resemblance to the old Federal Water Pollution Control Act, and in effect constitute a new act, which takes a wholly new approach to water pollution control and is of significance to all lawyers concerned with water pollution control matters.

No-Discharge GoalThe Act takes a three-phased approach toward achieving the final goal of no discharge of pollutants by 1985. Phase One, October 18, 1972, to July 1, 1977, is directed toward achievement of application of the "best practicable control technology" by industrial dischargers. Phase Two, July 1, 1977 to July 1, 1983, will require "best available technology." The requirements of "best practicable control technology" and "best available technology" are to be defined by the Environmental Protection Agency (EPA). The third phase, July 1, 1983 to 1985, is directed toward achieving the final goal of no discharge of pollutants. All "navigable waters" are subject to the Act. The term "navigable waters" is broadly defined as "the waters of the United States, including the territorial seas."

StandardsThe Act emphasizes effluent standards based on best practicable and best available control technology. However, it retains water quality standards as a secondary tool to achieve water quality. Interstate water quality standards are to remain in effect, unless EPA determines they are inadequate, whereupon the state will be given an opportunity to make the necessary corrections, or changes will be promulgated by EPA. Intrastate standards will come under similar scrutiny. Those states which do not have intrastate standards must promulgate such standards. EPA is required to promulgate effluent standards for new sources, including but not limited to, 28 identified categories (e.g., sugar processing, feedlots, petroleum...