(a) Toxic Effluent Limitations and Standards.--Section 307(a)(2) (33 U.S.C. 1317(a)(2)) is amended-- (1) by striking "(2) Each'' and inserting the following: "(2) Toxic effluent limitations and standards.--

(A) In general.--Each''

(2) by moving paragraph (2) 2 ems to the right;

(3) by indenting subparagraph (A), as so designated, and moving the remaining text of such subparagraph 2 ems further to the right; and

(4) in subparagraph (A), as so designated, by striking the third sentence; and

(5) by adding at the end the following:

"(B) Factors.--The published effluent standard (or prohibition) shall take into account--

(i) the pollutant's persistence, toxicity, degradability, and bioaccumulation potential;

(ii) the magnitude and risk of exposure to the pollutant, including risks to affected organisms and the importance of such organisms;

(iii) the relative contribution of point source discharges of the pollutant to the overall risk from the pollutant;

(iv) the availability of, costs associated with, and risk posed by substitute chemicals or processes or the availability of treatment processes or control technology;

(v) the beneficial and adverse social and economic effects of the effluent standard, including the impact on energy resources;

(vi) the extent to which effective control is being or may be achieved in an expeditious manner under other regulatory authorities;

(vii) the impact on national security interests; and

(viii) such other factors as the Administrator considers appropriate.''


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