---
kind: "section"
citation: "33 U.S.C. § 1342"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1342"
heading: "National pollutant discharge elimination system"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1342"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter IV — Permits and Licenses"
---

# §1342. National pollutant discharge elimination system

- (a) **Permits for discharge of pollutants—**
  - (1) Except as provided in sections [1328](/usc/33/1328.md) and [1344](/usc/33/1344.md) of this title, the Administrator may, after opportunity for public hearing issue a permit for the [discharge](/usc/33/1362.md?p=16) of any [pollutant](/usc/33/1362.md?p=6), or combination of [pollutants](/usc/33/1362.md?p=6), notwithstanding [section 1311(a) of this title](/usc/33/1311.md?p=a), upon condition that such [discharge](/usc/33/1362.md?p=16) will meet either (A) all applicable requirements under sections [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), [1318](/usc/33/1318.md), and [1343](/usc/33/1343.md) of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.
  - (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.
  - (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a [State](/usc/33/1362.md?p=3) permit program and permits issued thereunder under [subsection (b)](#b) of this section.
  - (4) All permits for [discharges](/usc/33/1362.md?p=16) into the [navigable waters](/usc/33/1362.md?p=7) issued pursuant to [section 407 of this title](/usc/33/407.md) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](/usc/33/407.md), and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter.
  - (5) No permit for a [discharge](/usc/33/1362.md?p=16) into the [navigable waters](/usc/33/1362.md?p=7) shall be issued under [section 407 of this title](/usc/33/407.md) after October 18, 1972. Each application for a permit under [section 407 of this title](/usc/33/407.md), pending on October 18, 1972, shall be deemed to be an application for a permit under this section. The Administrator shall authorize a [State](/usc/33/1362.md?p=3), which he determines has the capability of administering a permit program which will carry out the objectives of this chapter to issue permits for [discharges](/usc/33/1362.md?p=16) into the [navigable waters](/usc/33/1362.md?p=7) within the jurisdiction of such [State](/usc/33/1362.md?p=3). The Administrator may exercise the authority granted him by the preceding sentence only during the period which begins on October 18, 1972, and ends either on the ninetieth day after the date of the first promulgation of guidelines required by [section 1314(i)(2) of this title](/usc/33/1314.md), or the date of approval by the Administrator of a permit program for such [State](/usc/33/1362.md?p=3) under [subsection (b)](#b) of this section, whichever date first occurs, and no such authorization to a [State](/usc/33/1362.md?p=3) shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance.
- (b) **State permit programs—** At any time after the promulgation of the guidelines required by subsection (i)(2) of [section 1314 of this title](/usc/33/1314.md), the Governor of each [State](/usc/33/1362.md?p=3) desiring to administer its own permit program for [discharges](/usc/33/1362.md?p=16) into [navigable waters](/usc/33/1362.md?p=7) within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under [State](/usc/33/1362.md?p=3) law or under an interstate compact. In addition, such [State](/usc/33/1362.md?p=3) shall submit a statement from the attorney general (or the attorney for those [State water pollution control agencies](/usc/33/1362.md?p=1) which have independent legal counsel), or from the chief legal officer in the case of an [interstate agency](/usc/33/1362.md?p=2), that the laws of such [State](/usc/33/1362.md?p=3), or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist:
  - (1) To issue permits which—
    - (A) apply, and insure compliance with, any applicable requirements of sections [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), and [1343](/usc/33/1343.md) of this title;
    - (B) are for fixed terms not exceeding five years; and
    - (C) can be terminated or modified for cause including, but not limited to, the following:
      - (i) violation of any condition of the permit;
      - (ii) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;
      - (iii) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted [discharge](/usc/33/1362.md?p=16);
    - (D) control the disposal of [pollutants](/usc/33/1362.md?p=6) into wells;
  - (2)
    - (A) To issue permits which apply, and insure compliance with, all applicable requirements of [section 1318 of this title](/usc/33/1318.md); or
    - (B) To inspect, monitor, enter, and require reports to at least the same extent as required in [section 1318 of this title](/usc/33/1318.md);
  - (3) To insure that the public, and any other [State](/usc/33/1362.md?p=3) the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application;
  - (4) To insure that the Administrator receives notice of each application (including a copy thereof) for a permit;
  - (5) To insure that any [State](/usc/33/1362.md?p=3) (other than the permitting [State](/usc/33/1362.md?p=3)), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting [State](/usc/33/1362.md?p=3) (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting [State](/usc/33/1362.md?p=3), that the permitting [State](/usc/33/1362.md?p=3) will notify such affected [State](/usc/33/1362.md?p=3) (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing;
  - (6) To insure that no permit will be issued if, in the judgment of the [Secretary](/usc/33/426h–1.md?p=2) of the Army acting through the Chief of Engineers, after consultation with the [Secretary](/usc/33/426h–1.md?p=2) of the department in which the Coast Guard is operating, anchorage and navigation of any of the [navigable waters](/usc/33/1362.md?p=7) would be substantially impaired thereby;
  - (7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement;
  - (8) To insure that any permit for a [discharge](/usc/33/1362.md?p=16) from a publicly owned [treatment works](/usc/33/1362.md?p=26) includes conditions to require the identification in terms of character and volume of [pollutants](/usc/33/1362.md?p=6) of any significant source introducing [pollutants](/usc/33/1362.md?p=6) subject to pretreatment standards under [section 1317(b) of this title](/usc/33/1317.md?p=b) into such works and a program to assure compliance with such pretreatment standards by each such source, in addition to adequate notice to the permitting agency of (A) new introductions into such works of [pollutants](/usc/33/1362.md?p=6) from any source which would be a new source as defined in [section 1316 of this title](/usc/33/1316.md) if such source were discharging [pollutants](/usc/33/1362.md?p=6), (B) new introductions of [pollutants](/usc/33/1362.md?p=6) into such works from a source which would be subject to [section 1311 of this title](/usc/33/1311.md) if it were discharging such [pollutants](/usc/33/1362.md?p=6), or (C) a substantial change in volume or character of [pollutants](/usc/33/1362.md?p=6) being introduced into such works by a source introducing [pollutants](/usc/33/1362.md?p=6) into such works at the time of issuance of the permit. Such notice shall include information on the quality and quantity of effluent to be introduced into such [treatment works](/usc/33/1362.md?p=26) and any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned [treatment works](/usc/33/1362.md?p=26); and
  - (9) To insure that any [industrial user](/usc/33/1362.md?p=18) of any publicly owned [treatment works](/usc/33/1362.md?p=26) will comply with sections [1284(b)](/usc/33/1284.md?p=b), [1317](/usc/33/1317.md), and [1318](/usc/33/1318.md) of this title.
- (c) **Suspension of Federal program upon submission of State program; withdrawal of approval of State program; return of State program to Administrator—**
  - (1) Not later than ninety days after the date on which a [State](/usc/33/1362.md?p=3) has submitted a program (or revision thereof) pursuant to [subsection (b)](#b) of this section, the Administrator shall suspend the issuance of permits under [subsection (a)](#a) of this section as to those [discharges](/usc/33/1362.md?p=16) subject to such program unless he determines that the [State](/usc/33/1362.md?p=3) permit program does not meet the requirements of [subsection (b)](#b) of this section or does not conform to the guidelines issued under [section 1314(i)(2) of this title](/usc/33/1314.md). If the Administrator so determines, he shall notify the [State](/usc/33/1362.md?p=3) of any revisions or modifications necessary to conform to such requirements or guidelines.
  - (2) Any [State](/usc/33/1362.md?p=3) permit program under this section shall at all times be in accordance with this section and guidelines promulgated pursuant to [section 1314(i)(2) of this title](/usc/33/1314.md).
  - (3) Whenever the Administrator determines after public hearing that a [State](/usc/33/1362.md?p=3) is not administering a program approved under this section in accordance with requirements of this section, he shall so notify the [State](/usc/33/1362.md?p=3) and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the [State](/usc/33/1362.md?p=3), and made public, in writing, the reasons for such withdrawal.
  - (4) **Limitations on partial permit program returns and withdrawals.—** A [State](/usc/33/1362.md?p=3) may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of—
    - (A) a [State](/usc/33/1362.md?p=3) partial permit program approved under [subsection (n)(3)](#n-3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and
    - (B) a [State](/usc/33/1362.md?p=3) partial permit program approved under [subsection (n)(4)](#n-4) only if an entire phased component of the permit program being administered by the [State](/usc/33/1362.md?p=3) at the time is returned or withdrawn.
- (d) **Notification of Administrator—**
  - (1) Each [State](/usc/33/1362.md?p=3) shall transmit to the Administrator a copy of each permit application received by such [State](/usc/33/1362.md?p=3) and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such [State](/usc/33/1362.md?p=3).
  - (2) No permit shall issue (A) if the Administrator within ninety days of the date of his notification under [subsection (b)(5)](#b-5) of this section objects in writing to the issuance of such permit, or (B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the [State](/usc/33/1362.md?p=3) objects in writing to the issuance of such permit as being outside the guidelines and requirements of this chapter. Whenever the Administrator objects to the issuance of a permit under this paragraph such written objection shall contain a statement of the reasons for such objection and the [effluent limitations](/usc/33/1362.md?p=11) and conditions which such permit would include if it were issued by the Administrator.
  - (3) The Administrator may, as to any permit application, waive paragraph (2) of this subsection.
  - (4) In any case where, after December 27, 1977, the Administrator, pursuant to paragraph (2) of this subsection, objects to the issuance of a permit, on request of the [State](/usc/33/1362.md?p=3), a public hearing shall be held by the Administrator on such objection. If the [State](/usc/33/1362.md?p=3) does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing, or, if no hearing is requested within 90 days after the date of such objection, the Administrator may issue the permit pursuant to [subsection (a)](#a) of this section for such source in accordance with the guidelines and requirements of this chapter.
- (e) **Waiver of notification requirement—** In accordance with guidelines promulgated pursuant to subsection (i)(2) of [section 1314 of this title](/usc/33/1314.md), the Administrator is authorized to waive the requirements of [subsection (d)](#d) of this section at the time he approves a program pursuant to [subsection (b)](#b) of this section for any category (including any class, type, or size within such category) of [point sources](/usc/33/1362.md?p=14) within the [State](/usc/33/1362.md?p=3) submitting such program.
- (f) **Point source categories—** The Administrator shall promulgate regulations establishing categories of [point sources](/usc/33/1362.md?p=14) which he determines shall not be subject to the requirements of [subsection (d)](#d) of this section in any [State](/usc/33/1362.md?p=3) with a program approved pursuant to [subsection (b)](#b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of [point sources](/usc/33/1362.md?p=14).
- (g) **Other regulations for safe transportation, handling, carriage, storage, and stowage of pollutants—** Any permit issued under this section for the [discharge of pollutants](/usc/33/1362.md?p=12) into the [navigable waters](/usc/33/1362.md?p=7) from a vessel or other floating craft shall be subject to any applicable regulations promulgated by the [Secretary](/usc/33/426h–1.md?p=2) of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of [pollutants](/usc/33/1362.md?p=6).
- (h) **Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously utilizing treatment works—** In the event any condition of a permit for [discharges](/usc/33/1362.md?p=16) from a [treatment works](/usc/33/1362.md?p=26) (as defined in [section 1292 of this title](/usc/33/1292.md)) which is publicly owned is violated, a [State](/usc/33/1362.md?p=3) with a program approved under [subsection (b)](#b) of this section or the Administrator, where no [State](/usc/33/1362.md?p=3) program is approved or where the Administrator determines pursuant to [section 1319(a) of this title](/usc/33/1319.md?p=a) that a [State](/usc/33/1362.md?p=3) with an approved program has not commenced appropriate enforcement action with respect to such permit, may proceed in a court of competent jurisdiction to restrict or prohibit the introduction of any [pollutant](/usc/33/1362.md?p=6) into such [treatment works](/usc/33/1362.md?p=26) by a source not utilizing such [treatment works](/usc/33/1362.md?p=26) prior to the finding that such condition was violated.
- (i) **Federal enforcement not limited—** Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to [section 1319 of this title](/usc/33/1319.md).
- (j) **Public information—** A copy of each permit application and each permit issued under this section shall be available to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduction.
- (k) **Compliance with permits—** Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections [1319](/usc/33/1319.md) and [1365](/usc/33/1365.md) of this title, with sections [1311](/usc/33/1311.md), [1312](/usc/33/1312.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), and [1343](/usc/33/1343.md) of this title, except any standard imposed under [section 1317 of this title](/usc/33/1317.md) for a [toxic pollutant](/usc/33/1362.md?p=13) injurious to human health. Until December 31, 1974, in any case where a permit for [discharge](/usc/33/1362.md?p=16) has been applied for pursuant to this section, but final administrative disposition of such application has not been made, such [discharge](/usc/33/1362.md?p=16) shall not be a violation of (1) section [1311](/usc/33/1311.md), [1316](/usc/33/1316.md), or 1342 of this title, or (2) [section 407 of this title](/usc/33/407.md), unless the Administrator or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application. For the 180-day period beginning on October 18, 1972, in the case of any [point source](/usc/33/1362.md?p=14) discharging any [pollutant](/usc/33/1362.md?p=6) or combination of [pollutants](/usc/33/1362.md?p=6) immediately prior to such date which source is not subject to [section 407 of this title](/usc/33/407.md), the [discharge](/usc/33/1362.md?p=16) by such source shall not be a violation of this chapter if such a source applies for a permit for [discharge](/usc/33/1362.md?p=16) pursuant to this section within such 180-day period.
- (l) **Limitation on permit requirement—**
  - (1) **Agricultural return flows—** The Administrator shall not require a permit under this section for [discharges](/usc/33/1362.md?p=16) composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any [State](/usc/33/1362.md?p=3) to require such a permit.
  - (2) **Stormwater runoff from oil, gas, and mining operations—** The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any [State](/usc/33/1362.md?p=3) to require a permit, for [discharges](/usc/33/1362.md?p=16) of stormwater runoff from mining operations or [oil and gas exploration, production, processing, or treatment operations or transmission facilities](/usc/33/1362.md?p=24), composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations.
  - (3) **Silvicultural activities—**
    - (A) **NPDES permit requirements for silvicultural activities.—** The Administrator shall not require a permit under this section nor directly or indirectly require any [State](/usc/33/1362.md?p=3) to require a permit under this section for a [discharge](/usc/33/1362.md?p=16) from runoff resulting from the conduct of the following silviculture activities conducted in accordance with standard industry practice: nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance.
    - (B) **Other requirements.—** Nothing in this paragraph exempts a [discharge](/usc/33/1362.md?p=16) from silvicultural activity from any permitting requirement under [section 1344 of this title](/usc/33/1344.md), existing permitting requirements under section 1342 of this title, or from any other federal law.
    - (C) The authorization provided in Section[^1] [1365(a)](/usc/33/1365.md?p=a) of this title does not apply to any non-permitting program established under 1342(p)(6)[^2] of this title for the silviculture activities listed in 1342(l)(3)(A)[^2] of this title, or to any other limitations that might be deemed to apply to the silviculture activities listed in 1342(l)(3)(A)[^2] of this title.
- (m) **Additional pretreatment of conventional pollutants not required—** To the extent a [treatment works](/usc/33/1362.md?p=26) (as defined in [section 1292 of this title](/usc/33/1292.md)) which is publicly owned is not meeting the requirements of a permit issued under this section for such [treatment works](/usc/33/1362.md?p=26) as a result of inadequate design or operation of such [treatment works](/usc/33/1362.md?p=26), the Administrator, in issuing a permit under this section, shall not require pretreatment by a [person](/usc/33/1362.md?p=5) introducing conventional [pollutants](/usc/33/1362.md?p=6) identified pursuant to [section 1314(a)(4) of this title](/usc/33/1314.md?p=a-4) into such [treatment works](/usc/33/1362.md?p=26) other than pretreatment required to assure compliance with pretreatment standards under [subsection (b)(8)](#b-8) of this section and [section 1317(b)(1) of this title](/usc/33/1317.md?p=b-1). Nothing in this subsection shall affect the Administrator’s authority under sections [1317](/usc/33/1317.md) and [1319](/usc/33/1319.md) of this title, affect [State](/usc/33/1362.md?p=3) and local authority under sections [1317(b)(4)](/usc/33/1317.md?p=b-4) and [1370](/usc/33/1370.md) of this title, relieve such [treatment works](/usc/33/1362.md?p=26) of its obligations to meet requirements established under this chapter, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.
- (n) **Partial permit program—**
  - (1) **State submission—** The Governor of a [State](/usc/33/1362.md?p=3) may submit under [subsection (b)](#b) of this section a permit program for a portion of the [discharges](/usc/33/1362.md?p=16) into the [navigable waters](/usc/33/1362.md?p=7) in such [State](/usc/33/1362.md?p=3).
  - (2) **Minimum coverage—** A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the [discharges](/usc/33/1362.md?p=16) into the [navigable waters](/usc/33/1362.md?p=7) of the [State](/usc/33/1362.md?p=3) or a major component of the permit program required by [subsection (b)](#b).
  - (3) **Approval of major category partial permit programs—** The Administrator may approve a partial permit program covering administration of a major category of [discharges](/usc/33/1362.md?p=16) under this subsection if—
    - (A) such program represents a complete permit program and covers all of the [discharges](/usc/33/1362.md?p=16) under the jurisdiction of a department or agency of the [State](/usc/33/1362.md?p=3); and
    - (B) the Administrator determines that the partial program represents a significant and identifiable part of the [State](/usc/33/1362.md?p=3) program required by [subsection (b)](#b).
  - (4) **Approval of major component partial permit programs—** The Administrator may approve under this subsection a partial and phased permit program covering administration of a major component (including [discharge](/usc/33/1362.md?p=16) categories) of a [State](/usc/33/1362.md?p=3) permit program required by [subsection (b)](#b) if—
    - (A) the Administrator determines that the partial program represents a significant and identifiable part of the [State](/usc/33/1362.md?p=3) program required by [subsection (b)](#b); and
    - (B) the [State](/usc/33/1362.md?p=3) submits, and the Administrator approves, a plan for the [State](/usc/33/1362.md?p=3) to assume administration by phases of the remainder of the [State](/usc/33/1362.md?p=3) program required by [subsection (b)](#b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.
- (o) **Anti-backsliding—**
  - (1) **General prohibition—** In the case of [effluent limitations](/usc/33/1362.md?p=11) established on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under [section 1314(b) of this title](/usc/33/1314.md?p=b) subsequent to the original issuance of such permit, to contain [effluent limitations](/usc/33/1362.md?p=11) which are less stringent than the comparable [effluent limitations](/usc/33/1362.md?p=11) in the previous permit. In the case of [effluent limitations](/usc/33/1362.md?p=11) established on the basis of [section 1311(b)(1)(C)](/usc/33/1311.md?p=b-1-C) or [section 1313(d)](/usc/33/1313.md?p=d) or (e) of this title, a permit may not be renewed, reissued, or modified to contain [effluent limitations](/usc/33/1362.md?p=11) which are less stringent than the comparable [effluent limitations](/usc/33/1362.md?p=11) in the previous permit except in compliance with [section 1313(d)(4) of this title](/usc/33/1313.md?p=d-4).
  - (2) **Exceptions—** A permit with respect to which [paragraph (1)](#o-1) applies may be renewed, reissued, or modified to contain a less stringent [effluent limitation](/usc/33/1362.md?p=11) applicable to a [pollutant](/usc/33/1362.md?p=6) if—
    - (A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent [effluent limitation](/usc/33/1362.md?p=11);
    - (B)
      - (i) information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent [effluent limitation](/usc/33/1362.md?p=11) at the time of permit issuance; or
      - (ii) the Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B);
    - (C) a less stringent [effluent limitation](/usc/33/1362.md?p=11) is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;
    - (D) the permittee has received a permit modification under section [1311(c)](/usc/33/1311.md?p=c), [1311(g)](/usc/33/1311.md?p=g), [1311(h)](/usc/33/1311.md?p=h), [1311(i)](/usc/33/1311.md?p=i), [1311(k)](/usc/33/1311.md?p=k), [1311(n)](/usc/33/1311.md?p=n), or [1326(a)](/usc/33/1326.md?p=a) of this title; or
    - (E) the permittee has installed the treatment facilities required to meet the [effluent limitations](/usc/33/1362.md?p=11) in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous [effluent limitations](/usc/33/1362.md?p=11), in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of [pollutant](/usc/33/1362.md?p=6) control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).

    [Subparagraph (B)](#o-2-B) shall not apply to any revised waste load allocations or any alternative grounds for translating water quality standards into [effluent limitations](/usc/33/1362.md?p=11), except where the cumulative effect of such revised allocations results in a decrease in the amount of [pollutants](/usc/33/1362.md?p=6) discharged into the concerned waters, and such revised allocations are not the result of a discharger eliminating or substantially reducing its [discharge of pollutants](/usc/33/1362.md?p=12) due to complying with the requirements of this chapter or for reasons otherwise unrelated to water quality.

  - (3) **Limitations—** In no event may a permit with respect to which [paragraph (1)](#o-1) applies be renewed, reissued, or modified to contain an [effluent limitation](/usc/33/1362.md?p=11) which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to [discharge](/usc/33/1362.md?p=16) into waters be renewed, reissued, or modified to contain a less stringent [effluent limitation](/usc/33/1362.md?p=11) if the implementation of such limitation would result in a violation of a water quality standard under [section 1313 of this title](/usc/33/1313.md) applicable to such waters.
- (p) **Municipal and industrial stormwater discharges—**
  - (1) **General rule—** Prior to October 1, 1994, the Administrator or the [State](/usc/33/1362.md?p=3) (in the case of a permit program approved under this section) shall not require a permit under this section for [discharges](/usc/33/1362.md?p=16) composed entirely of stormwater.
  - (2) **Exceptions—** [Paragraph (1)](#p-1) shall not apply with respect to the following stormwater [discharges](/usc/33/1362.md?p=16):
    - (A) A [discharge](/usc/33/1362.md?p=16) with respect to which a permit has been issued under this section before February 4, 1987.
    - (B) A [discharge](/usc/33/1362.md?p=16) associated with industrial activity.
    - (C) A [discharge](/usc/33/1362.md?p=16) from a municipal separate storm sewer system serving a population of 250,000 or more.
    - (D) A [discharge](/usc/33/1362.md?p=16) from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000.
    - (E) A [discharge](/usc/33/1362.md?p=16) for which the Administrator or the [State](/usc/33/1362.md?p=3), as the case may be, determines that the stormwater [discharge](/usc/33/1362.md?p=16) contributes to a violation of a water quality standard or is a significant contributor of [pollutants](/usc/33/1362.md?p=6) to waters of the United States.
  - (3) **Permit requirements—**
    - (A) **Industrial discharges—** Permits for [discharges](/usc/33/1362.md?p=16) associated with industrial activity shall meet all applicable provisions of this section and [section 1311 of this title](/usc/33/1311.md).
    - (B) **Municipal discharge—** Permits for [discharges](/usc/33/1362.md?p=16) from municipal storm sewers—
      - (i) may be issued on a system- or jurisdiction-wide basis;
      - (ii) shall include a requirement to effectively prohibit non-stormwater [discharges](/usc/33/1362.md?p=16) into the storm sewers; and
      - (iii) shall require controls to reduce the [discharge of pollutants](/usc/33/1362.md?p=12) to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the [State](/usc/33/1362.md?p=3) determines appropriate for the control of such [pollutants](/usc/33/1362.md?p=6).
  - (4) **Permit application requirements—**
    - (A) **Industrial and large municipal discharges—** Not later than 2 years after February 4, 1987, the Administrator shall establish regulations setting forth the permit application requirements for stormwater [discharges](/usc/33/1362.md?p=16) described in paragraphs [(2)(B)](#p-2-B) and [(2)(C)](#p-2-C). Applications for permits for such [discharges](/usc/33/1362.md?p=16) shall be filed no later than 3 years after February 4, 1987. Not later than 4 years after February 4, 1987, the Administrator or the [State](/usc/33/1362.md?p=3), as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit.
    - (B) **Other municipal discharges—** Not later than 4 years after February 4, 1987, the Administrator shall establish regulations setting forth the permit application requirements for stormwater [discharges](/usc/33/1362.md?p=16) described in [paragraph (2)(D)](#p-2-D). Applications for permits for such [discharges](/usc/33/1362.md?p=16) shall be filed no later than 5 years after February 4, 1987. Not later than 6 years after February 4, 1987, the Administrator or the [State](/usc/33/1362.md?p=3), as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit.
  - (5) **Studies—** The Administrator, in consultation with the [States](/usc/33/1362.md?p=3), shall conduct a study for the purposes of—
    - (A) identifying those stormwater [discharges](/usc/33/1362.md?p=16) or classes of stormwater [discharges](/usc/33/1362.md?p=16) for which permits are not required pursuant to paragraphs (1) and (2) of this subsection;
    - (B) determining, to the maximum extent practicable, the nature and extent of [pollutants](/usc/33/1362.md?p=6) in such [discharges](/usc/33/1362.md?p=16); and
    - (C) establishing procedures and methods to control stormwater [discharges](/usc/33/1362.md?p=16) to the extent necessary to mitigate impacts on water quality.

    Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of the study described in subparagraphs [(A)](#p-5-A) and [(B)](#p-5-B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in [subparagraph (C)](#p-5-C).

  - (6) **Regulations—** Not later than October 1, 1993, the Administrator, in consultation with [State](/usc/33/1362.md?p=3) and local officials, shall issue regulations (based on the results of the studies conducted under [paragraph (5)](#p-5)) which designate stormwater [discharges](/usc/33/1362.md?p=16), other than those [discharges](/usc/33/1362.md?p=16) described in [paragraph (2)](#p-2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for [State](/usc/33/1362.md?p=3) stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate.
- (q) **Combined sewer overflows—**
  - (1) **Requirement for permits, orders, and decrees—** Each permit, order, or decree issued pursuant to this chapter after December 21, 2000, for a [discharge](/usc/33/1362.md?p=16) from a municipal combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection referred to as the “CSO control policy”).
  - (2) **Water quality and designated use review guidance—** Not later than July 31, 2001, and after providing notice and opportunity for public comment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters.
  - (3) **Report—** Not later than September 1, 2001, the Administrator shall transmit to Congress a report on the progress made by the Environmental Protection Agency, [States](/usc/33/1362.md?p=3), and [municipalities](/usc/33/1362.md?p=4) in implementing and enforcing the CSO control policy.
- (r) **Discharges incidental to the normal operation of recreational vessels—** No permit shall be required under this chapter by the Administrator (or a [State](/usc/33/1362.md?p=3), in the case of a permit program approved under [subsection (b)](#b)) for the [discharge](/usc/33/1362.md?p=16) of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other [discharge](/usc/33/1362.md?p=16) that is incidental to the normal operation of a vessel, if the [discharge](/usc/33/1362.md?p=16) is from a [recreational vessel](/usc/33/1362.md?p=25-A).
- (s) **Integrated plans—**
  - (1) **Definition of integrated plan—** In this subsection, the term “integrated plan” means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012.
  - (2) **In general—** The Administrator (or a [State](/usc/33/1362.md?p=3), in the case of a permit program approved by the Administrator) shall inform [municipalities](/usc/33/1362.md?p=4) of the opportunity to develop an integrated plan that may be incorporated into a permit under this section.
  - (3) **Scope—**
    - (A) **Scope of permit incorporating integrated plan—** A permit issued under this section that incorporates an integrated plan may integrate all requirements under this chapter addressed in the integrated plan, including requirements relating to—
      - (i) a combined sewer overflow;
      - (ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems;
      - (iii) a municipal stormwater [discharge](/usc/33/1362.md?p=16);
      - (iv) a municipal wastewater [discharge](/usc/33/1362.md?p=16); and
      - (v) a water quality-based [effluent limitation](/usc/33/1362.md?p=11) to implement an applicable wasteload allocation in a total maximum daily load.
    - (B) **Inclusions in integrated plan—** An integrated plan incorporated into a permit issued under this section may include the implementation of—
      - (i) projects, including innovative projects, to reclaim, recycle, or reuse water; and
      - (ii) [green infrastructure](/usc/33/1362.md?p=27).
  - (4) **Compliance schedules—**
    - (A) **In general—** A permit issued under this section that incorporates an integrated plan may include a [schedule of compliance](/usc/33/1362.md?p=17), under which actions taken to meet any applicable water quality-based [effluent limitation](/usc/33/1362.md?p=11) may be implemented over more than 1 permit term if the [schedule of compliance](/usc/33/1362.md?p=17)—
      - (i) is authorized by [State](/usc/33/1362.md?p=3) water quality standards; and
      - (ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on January 14, 2019).
    - (B) **Time for compliance—** For purposes of [subparagraph (A)(ii)](#s-4-A-ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this chapter does not prohibit implementation of an applicable water quality-based [effluent limitation](/usc/33/1362.md?p=11) over more than 1 permit term.
    - (C) **Review—** A [schedule of compliance](/usc/33/1362.md?p=17) incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified.
  - (5) **Existing authorities retained—**
    - (A) **Applicable standards—** Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based [effluent limitations](/usc/33/1362.md?p=11) under this chapter.
    - (B) **Flexibility—** Nothing in this subsection reduces or eliminates any flexibility available under this chapter, including the authority of a [State](/usc/33/1362.md?p=3) to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under [section 1313(c) of this title](/usc/33/1313.md?p=c).
  - (6) **Clarification of State authority—**
    - (A) **In general—** Nothing in [section 1311(b)(1)(C) of this title](/usc/33/1311.md?p=b-1-C) precludes a [State](/usc/33/1362.md?p=3) from authorizing in the water quality standards of the [State](/usc/33/1362.md?p=3) the issuance of a [schedule of compliance](/usc/33/1362.md?p=17) to meet water quality-based [effluent limitations](/usc/33/1362.md?p=11) in permits that incorporate provisions of an integrated plan.
    - (B) **Transition rule—** In any case in which a [discharge](/usc/33/1362.md?p=16) is subject to a judicial order or consent decree, as of January 14, 2019, resolving an enforcement action under this chapter, any [schedule of compliance](/usc/33/1362.md?p=17) issued pursuant to an authorization in a [State](/usc/33/1362.md?p=3) water quality standard may not revise a [schedule of compliance](/usc/33/1362.md?p=17) in that order or decree to be less stringent, unless the order or decree is modified by agreement of the parties and the court.

## Footnotes

[^1]: So in original. Probably should not be capitalized.
[^2]: So in original. Probably should be preceded by “section”.

## Source credit

(June 30, 1948, ch. 758, title IV, § 402, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L. 95–217, §§ 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat. 1577, 1588, 1591, 1599, 1600; Pub. L. 100–4, title IV, §§ 401–404(a), 404(c), formerly 404(d), 405, Feb. 4, 1987, 101 Stat. 65–67, 69, renumbered § 404(c), Pub. L. 104–66, title II, § 2021(e)(2), Dec. 21, 1995, 109 Stat. 727; Pub. L. 102–580, title III, § 364, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–224; Pub. L. 110–288, § 2, July 29, 2008, 122 Stat. 2650; Pub. L. 113–79, title XII, § 12313, Feb. 7, 2014, 128 Stat. 992; Pub. L. 115–436, § 3(a), Jan. 14, 2019, 132 Stat. 5558.)

## Notes

### Editorial Notes

### Amendments

2019—Subsec. (s). Pub. L. 115–436 added subsec. (s).

2014—Subsec. (l)(3). Pub. L. 113–79 added par. (3).

2008—Subsec. (r). Pub. L. 110–288 added subsec. (r).

2000—Subsec. (q). Pub. L. 106–554 added subsec. (q).

1992—Subsec. (p)(1), (6). Pub. L. 102–580 substituted “October 1, 1994” for “October 1, 1992” in par. (1) and “October 1, 1993” for “October 1, 1992” in par. (6).

1987—Subsec. (a)(1). Pub. L. 100–4, § 404(c), inserted cl. (A) and (B) designations.

Subsec. (c)(1). Pub. L. 100–4, § 403(b)(2), substituted “as to those discharges” for “as to those navigable waters”.

Subsec. (c)(4). Pub. L. 100–4, § 403(b)(1), added par. (4).

Subsec. (l). Pub. L. 100–4, § 401, inserted “Limitation on permit requirement” as subsec. heading designated existing provisions as par. (1) and inserted par. heading, added par. (2), and aligned pars. (1) and (2).

Subsecs. (m) to (p). Pub. L. 100–4, §§ 402, 403(a), 404(a), 405, added subsecs. (m) to (p).

1977—Subsec. (a)(5). Pub. L. 95–217, § 50, substituted “section 1314(i)(2)” for “section 1314(h)(2)”.

Subsec. (b). Pub. L. 95–217, § 50, substituted in provisions preceding par. (1) “subsection (i)(2) of section 1314” for “subsection (h)(2) of section 1314”.

Subsec. (b)(8). Pub. L. 95–217, § 54(c)(1), inserted reference to identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 1317(b) of this title into treatment works and programs to assure compliance with pretreatment standards by each source.

Subsec. (c)(1), (2). Pub. L. 95–217, § 50, substituted “section 1314(i)(2)” for “section 1314(h)(2)”.

Subsec. (d)(2). Pub. L. 95–217, § 65(b), inserted provision requiring that, whenever the Administrator objects to the issuance of a permit under subsec. (d)(2) of this section, the written objection contain a statement of the reasons for the objection and the effluent limitations and conditions which the permit would include if it were issued by the Administrator.

Subsec. (d)(4). Pub. L. 95–217, § 65(a), added par. (4).

Subsec. (e). Pub. L. 95–217, § 50, substituted “subsection (i)(2) of section 1314” for “subsection (h)(2) of section 1314”.

Subsec. (h). Pub. L. 95–217, § 66, substituted “where no State program is approved or where the Administrator determines pursuant to section 1319(a) of this title that a State with an approved program has not commenced appropriate enforcement action with respect to such permit,” for “where no State program is approved,”.

Subsec. (l). Pub. L. 95–217, § 33(c), added subsec. (l).

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

### Permit Requirements for Discharges From Certain Vessels

Pub. L. 110–299, §§ 1, 2, July 31, 2008, 122 Stat. 2995, as amended by Pub. L. 111–215, § 1, July 30, 2010, 124 Stat. 2347; Pub. L. 112–213, title VII, § 703, Dec. 20, 2012, 126 Stat. 1580; Pub. L. 113–281, title VI, § 602, Dec. 18, 2014, 128 Stat. 3061; Pub. L. 115–100, § 1, Jan. 3, 2018, 131 Stat. 2245, which exempted from permit requirements, for the period from July 31, 2008, through Jan. 19, 2018, discharges incidental to the normal operation of vessels, subject to certain exceptions, was repealed by Pub. L. 115–282, title IX, § 903(a)(2)(A)(ii), Dec. 4, 2018, 132 Stat. 4354.

### Stormwater Permit Requirements

Pub. L. 102–240, title I, § 1068, Dec. 18, 1991, 105 Stat. 2007, provided that: General Rule.—Notwithstanding the requirements of sections 402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application deadlines for stormwater discharges associated with industrial activities from facilities that are owned or operated by a municipality shall be established by the Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ‘Administrator’) pursuant to the requirements of this section.Permit Applications.— Individual applications.—The Administrator shall require individual permit applications for discharges described in subsection (a) on or before October 1, 1992; except that any municipality that has participated in a timely part I group application for an industrial activity discharging stormwater that is denied such participation in a group application or for which a group application is denied shall not be required to submit an individual application until the 180th day following the date on which the denial is made. Group applications.—With respect to group applications for permits for discharges described in subsection (a), the Administrator shall require— part I applications on or before September 30, 1991, except that any municipality with a population of less than 250,000 shall not be required to submit a part I application before May 18, 1992; and part II applications on or before October 1, 1992, except that any municipality with a population of less than 250,000 shall not be required to submit a part II application before May 17, 1993. Municipalities With Less Than 100,000 Population.—The Administrator shall not require any municipality with a population of less than 100,000 to apply for or obtain a permit for any stormwater discharge associated with an industrial activity other than an airport, powerplant, or uncontrolled sanitary landfill owned or operated by such municipality before October 1, 1992, unless such permit is required by section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A), (E)]. Uncontrolled Sanitary Landfill Defined.—For the purposes of this section, the term ‘uncontrolled sanitary landfill’ means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on and run-off controls established pursuant to subtitle D of the Solid Waste Disposal Act [42 U.S.C. 6941 et seq.]. Limitation on Statutory Construction.—Nothing in this section shall be construed to affect any application or permit requirement, including any deadline, to apply for or obtain a permit for stormwater discharges subject to section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A), (E)]. Regulations.—The Administrator shall issue final regulations with respect to general permits for stormwater discharges associated with industrial activity on or before February 1, 1992.”

### Phosphate Fertilizer Effluent Limitation

Pub. L. 100–4, title III, § 306(c), Feb. 4, 1987, 101 Stat. 36, provided that: Issuance of permit.—As soon as possible after the date of the enactment of this Act [Feb. 4, 1987], but not later than 180 days after such date of enactment, the Administrator shall issue permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33 U.S.C. 1342(a)(1)(B)] with respect to facilities— which were under construction on or before April 8, 1974, and for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate subcategory of the fertilizer manufacturing point source category to exclude such facilities. Limitations on statutory construction.—Nothing in this section [amending section 1311 of this title and enacting this note] shall be construed— to require the Administrator to permit the discharge of gypsum or gypsum waste into the navigable waters, to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33 U.S.C. 1342(a)(1)(B)], and to affect the authority of any State to deny or condition certification under section 401 of such Act [33 U.S.C. 1341] with respect to the issuance of permits under section 402(a)(1)(B) of such Act.”

### Log Transfer Facilities

Pub. L. 100–4, title IV, § 407, Feb. 4, 1987, 101 Stat. 74, provided that: Agreement.—The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollution Control Act [33 U.S.C. 1342, 1344], where both such sections apply, for discharges associated with the construction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of permits, and inequitable enforcement between and among facilities in different States, shall be eliminated. Applications and Permits Before October 22, 1985.—Where both of sections 402 and 404 of the Federal Water Pollution Control Act [33 U.S.C. 1342, 1344] apply, log transfer facilities which have received a permit under section 404 of such Act before October 22, 1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Administrator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and 1343], a separate application for a permit under section 402 of such Act shall not thereafter be required. In any case where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, modifications to the existing permit under section 404 of such Act to incorporate such applicable requirements shall be issued by the Administrator as an alternative to issuance of a separate new permit under section 402 of such Act. Log Transfer Facility Defined.—For the purposes of this section, the term ‘log transfer facility’ means a facility which is constructed in whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially harvested logs to or from a vessel or log raft, including the formation of a log raft.”

### Allowable Delay in Modifying Existing Approved State Permit Programs To Conform to 1977 Amendment

Pub. L. 95–217, § 54(c)(2), Dec. 27, 1977, 91 Stat. 1591, provided that any State permit program approved under this section before Dec. 27, 1977, which required modification to conform to the amendment made by section 54(c)(1) of Pub. L. 95–217, which amended subsec. (b)(8) of this section, not be required to be modified before the end of the one year period which began on Dec. 27, 1977, unless in order to make the required modification a State must amend or enact a law in which case such modification not be required for such State before the end of the two year period which began on Dec. 27, 1977.

### Executive Documents

### Transfer of Functions

Enforcement functions of Administrator or other official of the Environmental Protection Agency under this section relating to compliance with national pollutant discharge elimination system permits with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.