CHEMICAL MANUFACTURERS ASSOCIATION, PETITIONER V. NATURAL RESOURCES
DEFENSE COUNCIL, INC., ET AL.

   CHICAGO ASSOCIATION OF COMMERCE AND INDUSTRY, ET AL., PETITIONERS
V. NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL.

   No. 86-239 and 86-608

   In the Supreme Court of the United States

   October Term, 1986

   On Petitions for a Writ of Certiorari to the United States Court of
Appeals for the Third Circuit

   Supplemental Brief for the United States in Opposition

   This supplemental brief is filed pursuant to Rule 22.6 of the Rules
of this Court to notify the Court of a development occurring
subsequent to the filing of our brief in opposition that may affect
the Court's disposition of the two petitions for a writ of certiorari.

   On February 4, 1987, Congress enacted into law, over the
President's veto, the Water Quality Act of 1987, Pub. L. No. 100-4,
101 Stat. 7 et seq.  Section 406 of that Act amends Section 405(d) of
the Clean Water Act, 33 U.S.C. 1345(d), the meaning of which is the
subject of the two petitions.  In our brief in opposition, we argue
that the two petitions should be denied because EPA rulemaking efforts
now in progress should eventually alleviate the principal burdens
created by the decision.  In our view, the new statutory amendments
make this Court's review even less appropriate.

   Section 406(a) of the Water Quality Act of 1987 amends Section
405(d)(2) of the Clean Water Act to provide that EPA should promulgate
sludge rules by August 31, 1987, for certain toxic pollutants and by
June 15, 1988, for others.  In addition, Section 406(e) of the 1987
Act stays until August 31, 1987, the relevant portion of the decision
of the court of appeals in this case with respect to those publicly
owned treatment works that either received removal credits prior to
February 4, 1987, or that applied for removal credits and whose
application was pending on February 4th, and is approved by August 31,
1987. Finally, Section 406(e) provides that "(t)he Administrator shall
not authorize any other removal credits under such Act until the
Administrator issues the (sludge) regulations required by paragraph
(2)(A) (ii) of section 405(d) of (the Clean Water) Act, as amended."
/1/

   Respectfully submitted.

   CHARLES FRIED

      Solicitor General

   FEBRUARY 1987

   /1/ A copy of the pertinent provision of the Water Quality Act of
1987 is appended.

   APPENDIX