MODIFICATION FOR NONCONVENTIONAL POLLUTANTS.

SEC. 302. MODIFICATION FOR NONCONVENTIONAL POLLUTANTS. (a) Listing of Pollutants.—Section 301(g) is amended by redesignating paragraph (2) (and any references thereto) as paragraph (3) and by striking out all that precedes subparagraph (A) of paragraph (1) and inserting in lieu thereof the following: “(g) Modifications for Certain Nonconventional Pollutants.— “(1) General authority.— The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge from any point source of ammonia, chlorine, color, iron, and total phenols (4AAP) (when determined by the Administrator to be a pollutant covered by subsection (b)(2)(F)) and any other 101 STAT. 31pollutant which the Administrator lists under paragraph (4) of this subsection. “(2) Requirements for granting modifications.—A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that—”. (b) Procedure for Listing Additional Pollutants; Removal.—Section 301(g) is further amended by adding at the end thereof the following new paragraphs: “(4) Procedures for listing additional pollutants.— “(A) General authority.—Upon petition of any person, the Administrator may add any pollutant to the list of pollutants for which modification under this section is authorized (except for pollutants identified pursuant to section 304(a)(4) of this Act, toxic pollutants subject to section 307(a) of this Act, and the thermal component of discharges) in accordance with the provisions of this paragraph. “(B) Requirements for listing.— “(i) Sufficient information.—The person petitioning for listing of an additional pollutant under this subsection shall submit to the Administrator sufficient information to make the determinations required by this subparagraph. “(ii) Toxic criteria determination.—The Administrator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 307(a) of this Act. “(iii) Listing as toxic pollutant.—If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 307(a), the Administrator shall list the pollutant as a toxic pollutant under section 307(a). “(iv) Nonconventional criteria determination.—If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Administrator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection. “(C) Requirements for filing of petitions.—A petition for listing of a pollutant under this paragraph— “(i) must be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 304; “(ii) may be filed before promulgation of such guideline; and “(iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant. “(D) Deadline for approval of petition.—A decision to add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulgation of an applicable effluent guideline under section 304. 101 STAT. 32 “(E) Burden of proof.—The burden of proof for making the determinations under subparagraph (B) shall be on the petitioner. “(5) Removal of pollutants.—The Administrator may remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator determines that adequate test methods and sufficient data are no longer available for determining whether or not modifications may be granted with respect to such pollutant under paragraph (2) of this subsection.”. (c) Deadline for Approval of Modifications.— Section 301(j) is amended— (1) in paragraph (2) by striking out “Any” and inserting in lieu thereof “Subject to paragraph (3) of this section, any”; and (2) by adding at the end thereof the following new paragraphs: “(3) Compliance requirements under subsection (g).— “(A) Effect of filing.—An application for a modification under subsection (g) and a petition for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this Act for all pollutants not the subject of such application or petition. “(B) Effect of disapproval.—Disapproval of an application for a modification under subsection (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this Act. “(4) Deadline for subsection (g) decision.—An application for a modification with respect to a pollutant filed under subsection (g) must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollutant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition.”. (d) Conforming Amendments.—(1) Paragraph (3) of section 301(g), as redesignated by subsection (a) of this section, is amended by inserting “Limitation on authority to apply for subsection (c) modification.—” before “If an owner” and by aligning such paragraph with paragraph (4) of such section, as added by subsection (b) of this section. (2) Paragraph (2) of section 301(g) (as designated by subsection (a) of this section) is amended by realigning subparagraphs (A), (B), and (C) with subparagraph (A) of paragraph (4), as added by subsection (b) of this section. (e) Application.— (1) General rule.—Except as provided in paragraph (2), the amendments made by this section shall apply to all requests for modifications under section 301(g) of the Federal Water Pollution Control Act pending on the date of the enactment of this Act and shall not have the effect of extending the deadline established in section 301(j)(1)(B) of such Act. (2) Exception.—The amendments made by this section shall not affect any application for a modification with respect to the discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution 101 STAT. 33Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such application not later than 365 days after the date of such enactment.