AREA AND AGENCY  DESIGNATION HANDBOOK



                     FOR



SECTION 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING
       ENVIRONMENTAL  PROTECTION AGENCY



          WASHINGTON,  D.  C.  20460



                DECEMBER  1974

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    AREA AND AGENCY DESIGNATION HANDBOOK



                     FOR



SECTION 208 AREAWIDE WASTE  TREATMENT MANAGEMENT PLANNING
       ENVIRONMENTAL  PROTECTION AGENCY



          WASHINGTON,  D.  C.  20460



                DECEMBER  1974

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                          PREFACE
          Section 208 of the Federal Water Pollution Control
Act Amendments (P.L. 92-500) provides financial support for
areawide waste treatment management planning (Appendix A).  In
carrying out the provisions of this section, EPA has published
40 CFR Part 126 regulations for the designation of areas and
the responsible planning agencies (Appendix B).

          The purpose of this handbook is to provide additional
details on the criteria for designating both the 208 planning
areas and the agencies responsible for planning.  Examples are
provided as further assistance to Governors of States and the
chief elected officials of general purpose local governments in
preparing information for submission to EPA.

          This handbook was prepared by Michael L.  Frankel of
Centaur Management Consultants, Inc. with the support of the
208 planning staff.
Washington,  D.C.                   Mark A.  Pisano
                                  Director, Water Planning Division

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            AREA AND AGENCY DESIGNATION HANDBOOK

                            FOR

SECTION 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING


                          CONTENTS

      PREFACE

      INTRODUCTION                                         v

  I.   BOUNDARY OF AREA                                     1

      A.   Relationship to SMSA(s)
      B.   Assurance of No Excluded Areas
      C.   Allowance for Growth of  Area
      D.   Assurance of No Unnecessary Geographic Extent
      E.   Relationship to Other Types of Areawide Planning
          and Data

 II.   POPULATION OF AREA                                   3

      A.   Urban Concentration
      B.   Urban Growth

III.   INDUSTRIAL ACTIVITY IN AREA                           5

      A.   Types of Installations
      B.   Number of Installations
      C.   Amenability to Municipal Waste Treatment
      D.   Trends in Industrial and Economic Growth

 IV.   WATER QUALITY FACTORS IN THE AREA                    7

      A.   Substantial Water Quality Limited Segments
           (or  substantial  groundwater  pollution)
      B.   Preservation and Protection of Water Quality
          1.  Unique Resource Impaired by Growth
          2.  Amount of Resource Impaired by Growth
          3.  Complex Institutional Setting
          4.  Complex Sources of Pollution
          5.  State Preservation and Protection Statment
          6.  State Water Quality  Preservation Parameters
      C.   Municipal Waste Management by Two or More Local
          Governments
      D.   Substantial Industrial Pollution Problem
      E.   Population Growth Above  National Average
      F.   Substantial Urban Storm  Drainage
      G.   Substantial Non-Point Source Pollution
                             11

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                   CONTENTS (continued)
       H.   Groundwater Pollution
           1.   Impaired Groundwater is Major Source of
               Water
           2.   Groundwater Pollution Contributes to Surface
               Water Quality Problem
           3.   Complex Groundwater Problem
           4.   Remedial Groundwater Action is Possible
               Wi thi n Area
           5.   State and Area Have Groundwater Goal

   V.   LOCAL GOVERNMENT INTENT                                19

       A.   Resolutions  for Areawide Planning  and
            Imp!ementati on
       B.   Charter  of  Existing Agency

  VI.   PUBLIC  PARTICIPATION                                   23

       A.   Meeting Notices
       B.   Summary Comments

 VII.   DESIGNATED  PLANNING AGENCY                             23

       A.   Name
       B.   Address
       C.   Official  Contact

VIII.   FACTORS FOR AGENCY DESIGNATION                          25

       A.   Legal  Authority for Planning
       B.   Specific  Authority for Water Quality
           Planning
       C.   Membership of Elected Officials
       D.   Geographical Jurisdiction Over Area
       E.   Functional Jurisdiction Over Other Types of
           Areawide  Planning
       F.   Relationship with Other Planning Agencies
       G.   Relationship with Regulatory Agencies
       H.   Relationship with Management Agencies
       I.   Existing  Agency Planning History, Expertise,
           and Resources

  IX.   ESTIMATING  GUIDE FOR PLANNING COSTS                    31

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                    CONTENTS (concluded)
APPENDIX A        1972 Federal  Water Pollution Control  Act
                  Amendments (P.L.  92-500)   Areawide Waste
                  Treatment Management,  Section 208

APPENDIX B        40 CFR Part 126,  Areawide Waste Treatment
                  Management Planning Areas and Responsible
                  Planning Agencies
                             iv

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                        INTRODUCTION
     Through Section 208 of the Federal  Water Pollution Control
Act Amendments of 1972,  local  areas are  provided a unique oppor-
tunity to plan and manage a comprehensive pollution control  program
for municipal  and industrial  wastewater, storm and combined  sewer
runoff, nonpoint source  pollutants, and  land use as it relates  to
water quality.  Through  a locally controlled planning agency,  an
area can select a cost-effective and instituionally feasible plan
directed to meet the 1983 goals of the Act.   The plans should  focus
on an integrated approach for identifying and controlling the  most
serious water pollution  problems initially  and over time, resolving
the remaining problems,  where feasible.   Particular emphasis should
be placed upon non-structural  approaches to  pollution control  (e.g.,
land management) rather  than  traditional structural measures nor-
mally requiring large investments.

     The intent of this  Section of the Act  is to designate areas
for local planning and management of substantial water quality
problems due to urban-industrial concentrations or other factors
such as the preservation of high water quality areas or the  problems
encountered in extensive energy development  areas.  The regulations
set forth specific criteria for area and agency designation  including:

           preference for areas with urban-industrial concentrations
           areas with substantial water  quality problems
           agencies with coordinated waste  treatment management  systems
              or local government intent to  plan and  implement areawide
              waste treatment management

     This handbook supplements the regulations and provides  guidance
in determining the qualifications of areas  and agencies and  in  pre-
senting that information to EPA to support  the designation of  an
area and agency for conducting areawide  waste treatment management
planning.  Through its examples, this handbook encourages brief
and succinct inputs for  the designation  process.  For example,  a
major SMSA with substantial water quality limited  segments due  to
complex urban and industrial  water pollution problems could  satisfy
the information requirements  for area designation  with a nine  page
discussion similar to pages 2, 4, 6, 10, 14, 16, 20, 22 and  24.
Additional pages would be required to substantiate the agency  desig-
nation.  Similarly, non-urban areas seeking  designation on the  basis
of preservation and protection of high quality waters or rural  areas
expecting intensive energy developments  should submit equally  brief
information pertinent to their situation.

     In carrying out this Section of the Act, EPA  is concentrating on
providing Section 208 assistance to urban-industrial areas,  particu-
larly the SMSAs with complex  water quality  problems.  The format  of

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this handbook follows this intent by presenting information on
(1) urban-industrial  developments and trends, (2)  substantial
water quality factors, (3) local  government intent,  (4)  public
participation, and (5) factors in agency designation.   This format
can also be appied to non-urban intensive problem  areas  that
warrant areawide planning and management including areas that  have
high quality waters that are threatened by growth  and  development.
In addition to providing a format for the necessary  designation
information, this handbook also emphasizes the technical and
institutional commitments that are being made by the area and  agency
designation request.   This information is important  but  it is  only
the beginning of the  entire 208 planning and management  process.

     In each section  of the handbook, a portion of the outline is
repeated and set off  by shading.   This is followed by  additional
explanations of the criteria as defined in the regulations and an
example of the area or agency designation information  pertaining
to that portion of the outline. Tab!es  and Attachments referred
to in the examples are not included in the Handbook.
                              VI

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                        K o , ;, ;   ^

                              to
                      ,
      -," ';,>'€; -  ftfloftwe* ffcr imtl
        -'                     '
          The area to be designated must be identified on a map.
The map must show boundaries of the area and of SMSA(s) either
included, partially included, or contigous to the proposed 208 area.
If no SMSA is involved in the area designation, then the map or
accompanying text should indicate the area's relationship to any
nearby SMSA(s).   The designation of an area should take into con-
sideration the growth pattern of nearby SMSA(s) where applicable.

          The map of the area must clearly show that no portion within
the area to be designated has been excluded from the geographic
scope of the areawide plan or the jurisdiction of the planning agency.

          The text accompanying the map should indicate that the
selected boundaries account for reasonable urban-industrial growth
and/or other factors that may effect waste treatment management.
The text should also indicate that the extent of the area is not  (a)
too small to encompass the problems and the control that will  be
necessary to accomplish the integrated waste treatment or (b)  not
too large to cause unnecessary difficulty and cost in planning and
implementati on.

          Where possible, the text and/or the map should refer to
other planning boundaries such as in Air Quality Maintenance Areas
(AQMA), existing and on-going facilities plans, Corps of Engineers
Urban Studies, solid waste planning boundaries, transportation plans
or HUD 701 plans and their relationships to the proposed 208 area
desi gnation.

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BOUNDARY OF THE AREA

The map shows the area for which designation is requested.
The proposed area is the County planning area (as created
by the 1973 State Legislature).  It contains 2,115 square
miles and the entire present urban area as well as the
anticipated urban area by the year 2000.

The map shows the relationship to the 208 area to the SMSA.
The SMSA contains Conway, Amory, Hyden, and Milton Counties
Because the river's importance in the integration of waste
treatment management systems, York County is included in
the designation area.

No portion of the designation area has been excluded from
the waste treatment management planning consideration co-
vered in the following sections.

The area encompasses the boundary of the AQMA (Amory,
Hyden and Milton Counties) as well as the HUD 701 com-
prehensive planning area of the SMSA.
      208 AREA BOUNDARY

       SMSA  BOUNDARY

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          Preference will be given by EPA in approving area
designations of urban-industrial concentrations.  The popu-
lation characteristics of an area, along with the industrial
activity in Section III, should serve as the basis for esta-
blishing the area's urban-industrial  concentration.

          Area designations should also be claimed on grounds
of water quality factors in conjunction with urban-industrial
concentration.  Population characteristics should then be used
to support the factors in Section IV  such as above national
average growth trends and/or the size of the population de-
pendent on groundwater.

          Population growth projections for SMSA(s)  and water
resource areas can be obtained from the 1972 OBERS "Series E"
Projections available at all EPA Regional Offices.  These pro-
jections should be used  in lieu of locally developed growth
projections.  For non-SMSA(s), the OBERS projections should be
used as approximations for the area.

          The population figures in this section and the in-
dustrial activity in Section III are  merely to characterize
the area.   The impact on water quality resulting from population
or industrial concentrations are discussed in Section IV.

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   POPULATION

             The Study Area includes the entire  SMSA  with  a
   population of 600,588.

             The study area comprises  approximately 1400
   square miles and has  a  density  of 384 people  per square
   mile.  In the study area,  453,488 people  lived in  urban
   areas in  1970.  Since  1970,  as  noted above,  several  cities
   have annexed (i.e. Andows) or incorporated  (Mt.  Palmer)
   which has increased the  proportion  of residents  in urban
   places.   High density  urban  development,  five or more
   structures per acre,  occupies 152 square  miles or  10.9
   percent of the total  208 planning area.   Low  density
   urban development, two  to  five  structures per acre,  occupies
   50 square miles or 3.6%  of the  total planning area.

             The planning  area  is  expected  to  urbanize  at a
   rate of 2635 acres per  year  over the next forty years.

             The study area has  shown  a 1.75%  annual  growth
   rate, and is expected  to continue at this rate over  the
   next five years.


 Population Projections:   (1970-1990)  by County

County
Cruger
Morehead
G 1 e n n v i 1 1 e
Aval on
State
United States
208 Area Counties


1970
447
59
56
36
3,924
203,235
600
,877
,428
,284
,999
,164
,298
,588


1980
501
70
72
47
4,456
232,966
691
,300
,500
,500
,600
,200
,000
,000




1970 Popu-
1990 lation Per
Square Mile
601
92
90
60
5,196
268,883
844
,700
,100
,000
,300
,000
,000
,100
881.
97.
105.
65.
94.
57.
384
6
1
4
3
9
5



"T970 Popu
lation %
Urban
97
58
50
33
58
73
75
.4
.7
.3
.8
.7
.5
.5
Source:   1972 "Series E" OBERS  Population Projections

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          Preference will be given by EPA in approving area
designations of urban-industrial  concentrations.   The
characteristics of industrial  activity, along with the
population characteristics in  Section II, should  serve as
the basis for establishing the area's urban-industrial con-
centration.   The present and anticipated industrial  activity
in the area  as well  as its relationship to municipal  waste
treatment should be  shown.

          If industrial  wastes account for water  quality
problems  in  Section  IV,  then the  industrial  activity
characteristics should be in agreement with  the information
provided  in  that section.

          If the area designated  is  claimed  on the basis of
preservation of high quality waters  and industrial pollution
is no foreseeable threat, then the material  in this  section
can be omitted.

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 INDUSTRIAL ACTIVITY

 Primary metal  and  transportation  remained the most important
 manufacturing  industries.  However,  substantial expansion  be-
 gan in certain  durable goods industries  in the middle  and  late
 1950's.  Particularly the manufacture  of glass, rubber,  electri-
 cal machinery,  fabricated metals  and  chemicals increased and is
 now a significant  factor in the  local  economy.

 It is anticipated  that the Metropolitan  Region will  continue
 to experience  a  healthy rate of  economic expansion through the
 mid-1980's.  Most  of the area's  future growth will probably be
 concentrated in  services, trade,  government, and manufacturing.
 The expected employment increases  in  these first three indus-
 tries are  in line  with projections  for the national  economy.
 The manufacturing  sector is projected  to continue expanding
 rapidly in the  area  because of its  present productivity  advan-
 tage, a strong  locational position  due to the increased  use of
 motor transportation, and the presence of a solid trade  and
 service base.

 It is expected  that  the future economic  growth in the  four
 outlying counties  will exceed that  of  the urban center.   In 1960
 Aynor County employment accounted  for  over 76 percent  of the
 regional total.   It  is projected that  by 1985 this share will
 have fallen to  about 71.5 percent.   In short, although Aynor
 County will continue to function as  the  nucleus of the regional
 economy, some  decentraliztion of economic activity is  forseen
 in the years ahead.
  1970 DISTRIBUTION OF  INDUSTRIAL ACTIVITY AND  VALUE ADDED FOR SMSA
 SIC  MANUFACTURING         TOTAL
CODE  ACTIVITY            EMPLOYEES

 20   Food &  Kindred          2,224
 25   Furniture & Fixtures    2,437
 26   Paper & Allied           481
 27   Printing & Publishing   1,065
 30   Rubber  & Plastic        2,095
 32   Stone,  Clay & Glass     2,855
 33   Primary Metals         29,234
 34   Fabricated Metals       8,265
 35   Machinery (except
        electrical)          6,758
 36   Electrical Equipment   12,875
 37   Transportation  Equip.  11,362
 39   Misc. Manufacturing     1,583

 TOTALS                    81,325
% BY SIC
CLASSIFI-
CATION
    .73
    .99
    .59
    ,30
    .57
    ,51
  35.94
  10.16
2,
2,

1.
2.
3.
   8.30
  15.83
  13.97
   1.84

  99.91
TOTAL NUMBER
OF ESTABLISH-
MENTS	

     33
     17
      4
     61
     26
     46
     50
    127

     81
     21
     18
     73
                     VALUE ADDED BY
                     MANUFACTURERS
                      (IN MILLIONS)
$
 23.3
 NA
  5.3
 15.9
 22.1
 24.9
499.1
107'. 6

 86.9
 70.8
347.6
 NA
            576
                   1260.5
 SOURCE:   State Directory of  Manufacturers, U.S. Census of Manufactureres.

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          The criteria for wha
quality problem are, themselves
accompnaying chart illustrates
outline by grouping the critern
for water quality problems.
          In order to qualify
water quality factors, the "
regulations must be one of i
control problem.  Within each
additional factors that should
the complexity of the area
                    as  a designated  area  on  the  basis  of
                  cdmplex problem"  as  defined in the
                  mpairment of desired uses  AND  a complex
                    of  these categories  are  several
                     be used as  a  guide  in  determining
by EPA as either  (i) water co
quality limited segments  (or s
or (ii) an area with a stated
protection of existing water c
has several other factors whic
chart and discussed under Secti
defined by
the chart.
groundwater
condi ti ons

          The accompanying ch
water quality factors and the
area designations.   Each of th
in the following subsections
subsections, that portion of
is repeated as a continuation
                    t constitutes  a  complex water
                     ,  complicated.   Therefore,  the
                     the  water quality  factors  in the
                     a  into a  logical  screening  test
Impairment  or preclusion  of desired  uses, is  defined
                   ilrses  with  substanti al  water
                    ubstantial  groundwater pollution)
                    objective  for preservation  and
                    uality.  The latter  definition
                    h  are  shown
                     on  IV B.
in the accompanying
The complexity of th
EPA as any three (o
One of those condi
r pollution problem
e water quality control program is
r more) of the conditions cited on
tions might be the existence of a
which is defined by additional
                   art  illustrates all  of  the  potential
                    groupings  to  be  used in  support  of
                    e factors  is  discussed with examples
                   of Section  IV.  In each of  these
                   the  outline pertaining  to the discussion
                    of  Section IV.

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                  WATER QUALITY FACTORS

IMPAIRMENT  OR  PRECLUSION OF  DESIRED USES
  OR
 SUBSTANTIAL WATER QUALITY LIMITED SEGMENTS (OR SUBSTANTIAL
     GROUNDWATER POLLUTION)


^RESERVATION"^ SURFACE AND/OR GROUNDWATER QUALlTvT.l     1
I                                                         i
                                   ftf
           OR ~  mwm or  aiiotmca wm&w
 AND COMPLEXITY OF  WATER  QUALITY  CONTROL PROGRAM
      MUNICIPAL WASTE  MANAGEMENT  BY TWO OR MORE GOVERNMENTS

   £  SUBSTANTIAL INDUSTRIAL  POLLUTION PROBLEM
   S-l
   o
 POPULATION  GROWTH ABOVE NATIONAL AVERAGE- OR LARGE SEASONAL VARIATION

 SUBSTANTIAL URBAN STORM DRAINAGE

 SUBSTANTIAL NON-POINT SOURCE POLLUTION


'"GROUNDWATER POLLUTION...
                                                                           ~1
     .
                                     IS A
      OR  - «KIHIKmfAT£K
                                                 TO SUHfACf KftTSK
                            AND
      I                      AND

      1        -  KKKEPIM, GOItTtftl *£TI
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    ,Xx"*>.
    %V •* \jS&-
                       Quality U*i^*
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WATER QUALITY  LIMITED SEGMENTS

        The  state  has analyzed water  quality in major streams
throughout the  area  proposed for 208  designation in preparation
of their  (preliminary) 303(E) River Basin  Plan for the Wilson
River.  In addition, a Water Quality  Report containing a more
detailed  examination of the existing  water quality throughout
Pane  County  was published by the Council  of Governments in
                           these analyses,  the status of water
                           streams  in  the  area proposed for  208
                           in Table A  and  a stream classifica-
                           is contained.
January 1974.   Based  upon
quality for  the important
designation  is  summarized
tion and priority  ranking
                    TABLE A --  STREAM CLASSIFICATIONS
                                                 Classification
                                                 Basi s
 Priori ty
 Ranking
Stream Segment
Stream
Classificati on
    1
             George River
             RM 0 to 20.7
                   Water Quality
                   Limited, Coli-
                   form, Tempera-
                   ture
                 Specific water
                 qua!ity problem.
                 Meet standards
                 for  coliform  and
                 temperature.	
             Mainstream
             Wilson
             RM  167.5 to 187
                                Water Quality
                                Limited, Coli-
                                form, Tempera-
                                ture .
                                    Specific water
                                    quality problem.
                                    Meet standards
                                    for coli form and
                                    temperature.	
             Coast Fork
             Wilson
             RM 0 to 29.7
                                Water Quality
                                Limited Tempera-
                                ture.
                                    Specific water
                                    quality problem.
                                    Meet standard for
                                    temperature.
4 Middle Fork
Wilson
All
Water Quality
Limited, Non-
degradation .
Maintain nondegra-
dation of coliform,
temperature and
dissolved oxygen
at present levels.
            Al
   because of
   water quali
   source disc
   pended soli
   water quali
   ting water
   upon preven
   stream qual
   addition,  s
   for all mun
              1 streams  are  classified as Water  Quality Limiting
              specific water quality problems.   Where serious
              ty problems  are known to exist  as  a  result of point
              harges, biochemical  oxygen demand  (BOD) and sus-
              ds load allocations  have been imposed to improve
              ty through point source control.   Where the exis-i
              quality is good, waste load allocations are based
              ting  degradation.  In these cases  the actual in-
              ity  is  used  as the basis for  nondegradation.  In
              tringent effluent limits have been established
              icipal  discharges.
                             10

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         To qualify for area designation based on preservation
and protection of high quality waters,  three groups  of condi-
tions should be met:

         •  The water resources which would be impaired are
            so unique that it would be  in the national interest
            to preserve them; or the amount of water resources
            which would be impaired are so great that it is
            in the national  interest to prevent impairment or
            degradation.

         •  The institutional setting of the area is so complex
            that an areawide approach is needed to coordinate
            the efforts in the area; or the sources  of pollu-
            tion are  so complex that only an areawide approach
            can effectively  consider the demands of  water
            quali ty.

         §  The State has made an explicit statement adopting
            preservation  and protection of water quality as
            a policy  for  the area;  or the State has  implicitly
            adopted preservation and protection as a policy
            for the area  by  establishing water quality para-
            meters which  are at the preservation level.
                               11

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PRESERVATION AND PROTECTION OF WATER QUALITY

          The area's tidewaters present a  unique  natural  resource
for the benefit of the nation.  The tidewaters  are  the habitat
and spawning grounds for many species.   A  discussion  of the  tide-
water wildlife as well as the commercial  implications of the
shellfish industry are presented in a recent  State  Tidewater
Management Plan.  Continued urban-industrial  growth in the  area
presents a real threat to this resource.   The Tidewater Management
Plan indicated the complexity of the area's  problems, including
regional location amidst megalopolis, one  of  the  highest growth
rates in the nation, primarily non-point  source pollution problems,
The 208 process clearly offers the potential  of a unified effort
to preserve the area's waters from any  further degradation,  plus
initiate the process of correcting the  problems within the  water
quality segment of the Monroe River.

          The 208 process allows for an effective area-wide
effort to preserve the area's waters from  further degradation
in accordance with Section 62.1-44.4 Control  by State as to  Water
Quality of the State Hater Control Law  which  states:

      (1) No right to continue existing quality degradation  in
          any State water shall exist nor  shall such  right  be
          or be deemed to have been acquired  by virtue  of
          past or future discharge of sewage, industrial  waste
          or other wastes or other action  by  any  owner.  The
          right and control of the State  in  and over  all  State
          waters is hereby expressly reserved and reaffirmed.

      (2) Waters whose existing quality is better than the
          established standards as of the  date on which such
          standards become effective will  be  maintained at
          high quality; provided that the  Board has the power
          to authorize any project or development,  which would
          constitute a new or increased discharge or  effluent
          to high quality water, when it  has  been affirmatively
          demonstrated that a change is justifiable to provide
          necessary econonmic or social development;  and provided,
          further, that the necessary degree  of waste treatment
          to maintain high water quality  will be  required where
          physically and economically feasible.  Present and
          anticipated use of such waters  will be  preserved  and
          protected.
                            12

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          To qualify for area designation,  the water quality
problems must be of a complex nature.   Any  three or more of
the following six conditions  will  attest to the complexity of
the problem:

          •   For municipalities  that discharge their waste
             within the area's waters,  there are two or  more
             general or special  purpose governments whose
             wastes combine to influence the receiving waters.

          •   Current and projected  growth for industries that
             discharge their  waste  into the area's  waters
             present a substantial  pollution problem even after
             the application  of  effluent limitations.

          •   The growth rate  for the entire area is above that
             of the national  average and results in a high popu-
             lation density throughout  the  area.  Preservation
             areas shall be required only to have a high growth
             rate or seasonal population influx and probable
             population density  which would create  major environ-
             mental problems  within the next five years.

          •   The urban runoff problem severly impacts water
             quality.  Such runoff  would have to be substantially
             controlled, or in the  absence  of such  control,
             municipal and industrial waste water would  have to
             be treated to extremely high levels.

          •   Non-point sources of  pollution contribute a sub-
             stantial part of the  area's water quality problem.
                           13

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                                                 EXAMPLE  -,
MUNICIPAL VJASTE
          Several  municipal  treatment  facilities  are  located  in
the County,  and most of the  effluent  from  these  facilities
is discharged to a large body  of water—the  Ashford  River.  The
Humboldt Municipal Treatment Plant  which  services  95« of  the
population of the  County is  currently  upgrading  and  expanding
its facilities.  Only one-'fifth  of existing flow  receives
secondary treatment.  Providing treatment  during  high intensity
storms is difficult because  of Hurnboldt's  combined sewer  system.
The Louisa City Treatment Plant is  presently inadequate  in  degree
of treatment and capacity.   The Jackson  Treatment  facility  with
inadequate phosphate removal is probably  causing  a  nutrient
problem in Spruce  Lake.

          A severe waste water problem facing the  municipal
systems is excessive infiltration of storm water.   In certain
areas of the County manholes overflow  sanitary sewage during
moderate and intense storms.  Large sources  of extraneous
water centers around the manhole frame and cover and inflow
into defective joints in the system.

          Degradation of stream quality  also occurs  due  to  the
failure of small  "package"  plant operators to achieve and
maintain required  effluent chlorine residual.  Several of
these privately owned facilities, generally  operated  by  a school
system, country club or mobile home park,  are located throughout
the County.
INDUSTRIAL UA5TE
          The current industrial waste load allocation total
for the area proposed for 208 designation is about 16,112
pounds of BOD and 15,112 pounds of suspended solids per day.
By 1983, the recommended waste load allocation is reduced to
about 7,767 pounds of BOD and 7,767 pounds of suspended solids
per day for a decrease of approximately 52% in BOD approxi-
mately 51% in suspended solids discharged.  To meet this
requirement, advanced waste treatment will be necessary for all
point source discharges.  The 303(E) River Basin Plan projects
that the raw waste load from point sources within the area pro-
posed for 208 designation will increase approximately 50% by
1990.

          Since the  load allocation and treatment requirements
are established at finite levels, while the projected raw BOD and
suspended solids  loads will increase with population and economic
growth, the stipulated  load allocations will almost certainly be
exceeded unless the  growth is regulated in a more systematic fashion
in the future.  A significant portion of  a 208 areawide study would
be devoted to devising  alternative strategies for meeting the point
source load allocations.  Factors to be studied would include the
required configuration  of waste treatment facilities, land disposal
and other alternatives  to surface discharge for both domestic and
industrial wastes, and  land use controls  related to protection
or improvement of water quality.
                                                   continued. . .

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POPULATION GROWTH
          As indicated in Sections  II  and  III  the  rate of
economic and population growth within  the  area proposed for 208
designation is expected to be rapid over the  next  25 years.  The
population within the proposed designation area is projected
to increase from 205,422 in 1970 to 349,600 by 2000; this is
equivalent to a 70% increase over the  30 year  period,  or a  2.1%
increase per year.   Economic growth is expected to be  similarly
rapid with employment totals increasing from  approximately
80,325 in 1970 to 155,406 by the year  2000.  This  represents
an increase of 93.5% in total employment,  or  31.2% by  decade.
These rates of growth represent a continuation of  historic  trends,
a substantial in-migration of population,  and  continued develop-
ment of the area's  economic base.  These rates are well above
the national average.

          The implication of this growth to water  quality is
profound, and necessitates a more sophisticated approach to
sewerage planning than is possible  by  facilities plans according
to Section 201.  Even with the use  of  advanced waste treatment
technologies, it is likely that the projected  growth may force
water quality violations if it is not  controlled in a  more
appropriate manner  in the future than  it has  been  in the past.

          The magnitude of both point  and diffuse  pollution
sources is expected to increase proportionately with increases
in population, economic activity, and  agricultural activity in
the future.  Specifically, the total raw waste load production
is expected to increase significantly  due primarily to increases
in domestic wastes, food processing wastes, pulp and paper  wastes,
urban storm runoff, and agricultural land runoff.


                                         continued...
                           15

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URBAN STORM DRAINAGE
          The State 303(E)  River Basin  Plan  also  projects  the
waste loads due to urban storm runoff,  and they are summarized
in Table I.  The figures are based upon a 39-minute rainfall
with an  intensity of 0.8 inches per hour since this is  most
likely to occur during low  stream flows,  thus  putting an
instantaneous,  heavy waste load on the receiving streams.
During a low flow design storm, the BOD waste  load attributed
to urban storm runoff within the area  proposed for 208
designation is equivalent to 398.5% of  the total  daily waste
load allocation for municipal  and industrial  point sources
in 1972.  In 1990, the BOD  waste load  projected for urban
storm runoff will be 1140.7% of the rural daily waste load
allocation for municipal and industrial point  sources.  It  is
apparent that urban storm runoff can contribute a substantial
load of pollutants to area  streams, and a portion of the 208
areawide study would be devoted to study of  this  problem and
development of strategies to control it.
NON POINT SOURCES
          Although the State 303(E)  River Basin Plan provides
waste load allocations and municipal  waste discharge limits
to control only point source discharges, it also stipulates
that "the waste load from dispersed  sources is considerable,
and it is evident that only through  a prudent water management
program of action to control both point and dispersed sources,
can the damaging effect of water pollution be avoided.   The
303(E) River Basin Plan includes estimates of waste loads for
such dispersed sources of pollution  as agricultural land runoff,
forest land wastes, and stream bank  erosion, and Tables F, G,
and H respectively summarize the waste loads attributed to
these sources.  In addition, the 303(E) River Basin Plan indi-
cates that agricultural land runoff  contains a raw waste load
of 120,000 pounds of BOD per day in  1972, which is fully 72.8%
of the total point source raw waste  load.  In 1990, the Plan pro-
jects that agricultural land runoff  will account for a  raw waste
load of 200,000 pounds of BOD per day, which is 80.7% of the
total point source raw waste load.   The implication of  the
increase in agricultural land runoff waste load from 120,000 of
BOD per day in 1972 to 200,000 pounds of BOD per day in 1990
on the State water quality program is great.  If it is  assumed
that non-point source waste production will remain untreated
and will not be controlled in the future, then nondegradation
or improvement of area streams cannot be achieved.  A portion of
the 208 areawide study would be devoted to developing effective
land use and other controls to ensure that diffuse sources of
pollution are controlled and the waste loads from these sources
are decreased.
                            16

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           mim Q*AUTY, FACTORS in THE AREA
              A
            '-  1«
           To  qualify  for area designation based on groundwater
 pollution,  four  conditions should be met:

       9   Either  the  quality of the major source* of water
           supply  for  the area is degraded to the extent that
           its use has been impaired or precluded; or the
           groundwater pollution can be shown to contribute
           substantially to a surface water quality problem.

       §  The nature  of the problem is complex due to a
          multiplicity of type, number, size, and extent of
          sources or  unique physiography of the area.  Such
          a problem would preclude conventional solutions
          and would not be amenable through normal regulatory
          control.

       •  Effective remedial  action for the groundwater
          problem can be taken within the limits of the
          designated area.

       •  The area,  with State concurrence,  has defined
          groundwater quality objectives.
 Should the major source be a deeper acquifer  sealed  by  an
impervious layer from groundwater  percolation  within  the  area,
pollution of the surface exposed  acquifer  would  not constitute
a substantial  groundwater problem.
                            17

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	  EXAMPLE

 GROUNDWATER POLLUTION

           Shallow groundwater aquifers have been used for
 years  as  a significant water source for area residents.
 However,  withdrawals  in recent years have exceeded recharge,
 and  water tables have been lowered.  Urban growth and de-
 velopment has  created groundwater contamination resulting
 from inadequately treated and untreated sewage discharges,
 and  from  landfill operations in flood plains.  A substan-
 tial number of wells  are too polluted for continued use.

           The  deep  Clifton Forge aquifer underlies the area
 adjacent  to the Union Range at a depth of approximately
 2000 feet below ground surface, and has been a source for
 water  for many years.  The State Engineer's office was re-
 cently given  the authority to regulate withdrawals from
 deep aquifers  and studies are necessary to analyze this
 resource  in terms of  depletion rates and pollution poten-
 tial.

           Groundwater is a large part of the area's pota-
 ble  water supply.   It is known that some wells in different
 parts  of  the  region are no longer  in use because of pollu-
 tion from some source.  Sewage treatment plant discharges,
 trash  dumps,  and  industrial discharges are accused, but  not
 well documented as  causes.

           In  view of  its present role in the area's water
 supply, groundwater sources--al1uvial and deep aquifer--
 should be adequately  protected because the Region is  in  a
 semi-arid area with an average annual rainfall of only 14
 inches.  Thus, any  local source of water is a valuable one,
 as diversions  from  the Sumter River Basin are increasingly
 controversial  and expensive.

           A  U.S.  Geological Survey analysis showed that
 126,980 acre  feet of  groundwater was used annually by  area
 water agencies in the 1959-1964 period.  This amounted to
 approximately 25% to  32% of the total requirement.  The  same
 study projected that  approximately 362,000 acre  feet  would
 top  out the  annual  usage about 1990.  If the use of ground-
 water is  to  triple  by 1990, its quality must be  protected.

           In  the area, ground and  surface waters are  closely
 interrelated  hydrologically.  Pumping of shallow alluvial
 wells could  seriously diminish stream flows, which are
 naturally low at all  times.   Many  small  streams  and gulches
 have flows only in  snow  or rain runoff situations.

           The RCOG, in conjunction with  the State Wa'ter
 Resources Board, has  determined that  areawide control  of
 point and non-point sources of groundwater pollution  will
 contribute substantially  to meeting  the  groundwater quality
 objectives of  the area.   (Editor's  Note:   Where  possible
 the groundwater objectives  should  be  stated  such  as  the
 protection of existing  groundwater uses.)
                             18

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          Eventual implementation of the plan depends upon
the consent of the governmental  units that are required to
act in carrying out the plan.   It is necessary that these
governments consent to the planning and implementation at
the outset.  Information submitted for agency designation
must include all  governmental  agreements to the designation.
If an omission(s) of a unit of government exists, then it
must be shown that this omission(s) would not effect the
plan or its implementation.

          Resolutions should be  obtained from appropriate
units of local government.  It is sufficient to submit a
list of such resolutions if they comply substantially with
the following example.  If there are substantial  changes
in the resolutions, then those changes must be submitted.
The actual resolutions must be available to the Administrator,
EPA, upon request.

          Resolutions need not be required from all local
government units, but should be  obtained from those major
units that are critical to the eventual implementation of
an areawide plan.  If the attempt to obtain a resolution
is not successful, the Governor  could choose to designate
the area without the expression  of local intent provided
that a documented attempt at securing resolutions is
submitted with the designation materials.
                         19

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RESOLUTION INDICATING INTENT TO JOIN WITH OTHER  GENERAL  PURPOSE  UNITS
OF LOCAL GOVERNMENT IN THE 	 AREA TO DEVELOP  AND  IMPLE-
MENT A PLAN RESULTING IN A COORDINATED WASTE TREATMENT MANAGEMENT
SYSTEM FOR THE AREA
     WHEREAS, pursuant to Section 208 of the Federal  Water Pollution
Control Act Amendments of 1972,  P.L.  92-500 (hereinafter called  "the
Act"), the Administrator of the  United States Environmental  Protection
Agency has by regulation published guidelines for the identification
of those areas which, as a result of  urban-industrial  concentrations
or other factors, have substantial water quality control  problems
(40 CFR Part  126); and

     WHEREAS, the 	area (hereinafter called "the
Area") satisfies the criteria contained in the Act and guidelines and
designation of the area pursuant to section 208 and those guidelines
is desirable; and

     WHEREAS, Section  126.10 of  the guidelines requires, among other
things, that  the affected general purpose units of local government
within the problem area must show their intent, through formally a-
dopted resolutions, to join together  in the planning process to develop
and  implement a plan which will  result  in a coordinated waste treat-
ment management system for the area;  and

     WHEREAS, such planning process and waste treatment management
system  is a  necessary and significant measure to control present point
and  non-point sources of water pollution and to guide and regulate
future development and growth in  the area which may affect water quality,
 in order to  prevent, abate and solve existing and potential substantial
water  quality control problems;

     NOW, THEREFORE,  IT  IS RESOLVED THAT the Township of 	,
recognizing  that the 	area has substantial water quality
control problems, supports designation  of the Area pursuant to  Section
208  and the  EPA guidelines.
      IT IS  FURTHER  RESOLVED THAT THE 	  (city, county, town-
 ship,  etc.)  intends to join with other affected general purpose units
 of  local  government within the  boundaries of the area to develop and
 implement a  plan  which will result  in a coordinated waste treatment
 management  system for the area.

      IT IS  FURTHER  RESOLVED THAT,  inasmuch as the 	 (council
 of  governments,  special  district, etc.)  is a single representative
 organization with elected officials or their designees  from  local gov-
 ernments  and is  capable  of developing effective areawide waste treatment
 management  plans for the Area,  the 	 (city, county, town-
 ship,  etc.)  supports the designation of  said organization as  the planning
 agency for  the Area.

      IT IS  FURTHER RESOLVED THAT  all proposals  for  grants for contruction
 of  publicly owned treatment works  within  the boundaries of the designated
 area will be consistent  with  the  approved  plan  and  will be made only  by
 the designated management  agency  or agencies.

 Approved  this 	  day of 	,  19	.
                                20

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          If an agency is  designated,  such  as  a  council
of governments or regional  planning  agency,  then its
charter should be submitted.   This  charter  must  include
the operation of a coordinated waste treatment management
system (i.e., powers  to implement the  plan).   If the  charter
does not include such a system, then resolutions must be
sought from local government  units  to  show  their intent  to
join together to develop and  implement a  plan  which will
result in a coordinated waste treatment management system
for the area.
                          21

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              CHARTER AND AGREEMENT

         MID WILLAMETTE VALLEY COUNCIL

                    OF GOVERNMENTS

   This Charter and agreement is made and entered  into this 10th
day of August 1971, by and between the undersigned governmental
bodies.

I  CITATION

   The  Mid Willamette Valley of Oregon  is faced with  numerous
problems resulting- from rapid urbanization, problems of health, edu-
cation, safety, economics,  transportation, recreation,  culture, multi-
plicity of governments, coordination of people services,  environmental
quality,  community appearance and well being which will increase in
complexity and intensity as the population increases. In order that  the
solution of these problems may  be prepared or planned through a
rational democratic process, it is fitting that the affected government-
al units join together in voluntary cooperation,  and for this  purpose
they do make this Charter and Agreement.

II   AUTHORITY
   This Charter and Agreement is established under the authority of
the following Oregon Statutes:
   ORS 190.010 which authorizes local governments to make agree-
ments for the performance of functions jointly or for one another.
   ORS 190.030 which provides that any agency established under  the
authority of ORS 190.010 is vested with all powers, rights, duties,  and
functions  therefore existing by law in  separate agencies, pertaining
to functions and activities.
   ORS 190.110 which authorizes public corporations,  political sub-
divisions, and state  agencies to cooperate.
   ORS 190.210  and ORS 190.220  which assigns to the executive  de-
partment of the  State of Oregon the responsibility and authority  for
maintaining- liaison with local  governmental agencies  which  provide
services to state agencies and for participation in the development  and
coordination of plans for activities and services which are supported or
utilized  by state  agencies and which are formulated by tax  supported
governmental agencies.

Ill   DEFINITIONS
   1.  "Charter and Agreement" shall  mean the Charter and Agree-
ment of the Mid Willamette Valley Council of Governments by which
this  document is titled.
   2.  "Council  or  "Council of Governments"  shall  mean the  Mid
Willamette Valley Council of Governments established by this  Charter
and Agreement.

                               1
                              22

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          Information must be submi
detail  to show that the Governor(s)
officials of general  purpose local
public  advice on the  designation of
planning agency.  The information s
include a record of public meeting
comments at these meetings.   Actual
records must be kept  and made avail
upon request.
tted to EPA in sufficient
 or the chief elected
governments) have sought
 the planning area and
ubmitted to EPA should
notices and a summary of
 notices and meeting
able to the Administrator
          MONROE REGIONAL COUNCIL OF GOVERNMENTS

               1701 CLINTON AVE., SUITE 522

                     MONROE, ALABAMA

                          80210

               JOHN DOE, EXECUTIVE DIRECTOR

                       (208) 552-3708
                            23

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	EXAMPLE -
 PUBLIC  PARTICIPATION

          On  behalf of the Governor, and in coordination with
 the  State Planning Office and the State Water Quality Control
 Division, the meeting was held to provide all units of local
 government  and  the general public an opportunity to comment
 on  the  area and  agency designations described above.

          At  the  regular meeting on May 15, 1974, the Council
 of  Governments  authorized a Public Meeting for the above pur.-
 pose.   The  meeting was scheduled, with a thirty-day notice,
 on  June 17, 1974, and a  legal notice was published in the
 Daily  Post  on May 17, 1974.  A press release about the meet-
 ing  was sent  to  the media throughout the area on May 30, 1974.

          In  addition to publication of the legal notice in
 the  newspaper and the press release, copies of the public
 meeting notice  were sent on about June 5, 1974, to the
 fol1 owing:

     Members, Council of Governments      Public Works Directors
          (Elected Officials)              Special Sanitation  Districts
     Chief  Administrative Officers        Environmental Organizations
          (Municipalities and Counties)    State and Federal Agencies
     Citizens Advisory Committee          Chambers of Commerce
     Regional Planning Advisory           League of Women Voters
          Commi ttee
     Water  Resources Advisory
          Committee

          Mr. John Brown, of the COG staff, presented a
 brief  description of the Federal Water Pollution Control
 Act  Amendments  of 1972 (PL 92-500), the factors respon-
 sible  for proposed designation, and how planning under
 Section 208 would improve ability to control water quality
 problems.   Mr.  Brown then asked for comments or statements.
 Representatives  of two organizations spoke, summarized as
 fol1ows :

     1.  South  Aime County Water and Sanitation District

          The District is opposed to designation of COG
          unless  they can show how the District interest
          would  be served.

          (a)   Sanitation district representation on COG.

          (b)   Qualifications of COG to be the 208 program
                Agency.

     Note:  The  Council  and staff will work with the District
     to satisfy  their concerns.


      2.  Metro League  of  Women  Voters

          The League  believes  that  COG  is  the  only  agency
          with  an overall  point  of  view,  and  supports  its
           designation  under  Section  208.   Though  realizing
           the difficulty,  perhaps  Manor  County,  or  a  part
           of  it, should  be  included  in  the  study  (latter
           comment in  addition  to  printed  statement).
                                 24

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 VHl*    FACTORS F0K
                       Attt&oHt* far
             8,   SpagffU Authority for ifctfer
          The information submitted to justify the desig-
nation of a planning agency must certify that the agency
has all the legal  authority required for planning.  It
must also certify  that the designated agency has  specific
authority with regard to water quality management planning.
The authority to conduct water quality management planning
must also include  coordination with any other applicable
planning agencies  conducting comprehensive planning,  land
use planning, water and sewer planning, coastal  zone
planning, and other planning activities in the area.
                            25

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AGENCY AUTHORITY

          The Regional  Council  of Governments has all
legal authority required for planning in Howell ,  Brandon,
Selmer, Mason, and Stanton counties.

          In addition to the aforementioned legal authority,
the Governor designated the RCOG as the agency to prepare
a water quality plan under Section 3(c) FWPCA (1965)  in a
letter dated August 11, 1969.

          Organized as  a regional planning commission  under
the laws of the State,  the Regional Council of Governments
derives specific legal  authority to engage in water quality
management planning from Chapter 106, Article 2,  State
Revised Statutes, 1963.  Section 5(3) of this Article  desribes
the universe of activities which may be engaged in and in-
cluded in a regional master plan.  Planning for sewage treat-
ment, sewers, and other related facilities required to main-
tain and improve water  quality in the Region is clearly
authorized by these statutes.   Other planning authority under
Chapter 106, Article 2, encompasses land use, air, water,
sanitation, drainage, solid waste, open space, parks  and
recreation, highways, mass transportation, and airports, and
comprehensive planning  covering these functions.

          The Regional  Council of Governments is the respon-
sible planning agency for State Planning Region No. 3.  In
addition, the Council is certified as the comprehensive
planning agency for the Standard Metropolitan Statistical
Area.  This certification is granted by the U.S. Department
of Housing and Urban Development for comprehensive planning,
sewer, water and open space planning.

          Consistent with its enabling  legislation, plans  of
the Regional Council of Governments are advisory to the
municipalities and counties within its  planning area.   These
plans, however, may become binding on the affected cities
and counties by action of the governing bodies of  these units
of general purpose government.   If the  governing bodies
specifically adopt a plan prepared by the Regional Council
of Governments, this plan becomes  binding within the juris-
diction of the adopting community.  This legal authority  is
found  in Chapter 106, Article 2, Section 5(2)(a) and (b),
State  Revised Statutes, 1963.

          Plan  implementation is also achieved in  other ways.
Affected units of  local government operating within the
Standard Metropolitan Statistical  Area  have  legal  authority
to enter into agreements for activities such as  planning  and
implementation  of  facilities for coordinated wastewater manage'
ment.  This  authority  is derived from Chapter 88,  Article 2,
Section 3, State Revised Statutes, 1963.
                              26

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        FACTORS
                 of
             ft*   ft*t»tlftrt*M» with Qtl*r ?1*p*?*f
          Supporting  information  for  the  designation  of  the
planning agency must  include:

          «  The membership of  the agency's  governing  board,
            identifying  local  elected  officials  or  designees.

          e  The geographical  jurisdiction of  the agency
            which  must include all  of  the designated  areas.

          •  The functional jurisdictions  other  than waste
            water  management  planning  (e.g.,  Transportation,
            land planning, AQMA).

          •  Other  projects of  similar  magnitude  completed
            and the status of  implementation  of  such  projects

          »  The relationship  (both  formal  and  informal)  with
            other  planning agencies  at various  levels of
            government and whose  activities would  affect or
            be affected  by the required planning work.

          »  The relationship  (both  formal  and  informal)  with
            management and regulatory  agencies  which  would
            be affected  by various  facets of  such  a plan
            including  zoning  and  facilities construction and
            operation.

          If an existing agency is  being  designated,  such  as
a council of governments or regional  planning  agency, then
the following information should  be  included:

          i  The agency's past  record  in water  quality
            management planning with  special  regard to
            plan quality, technical,  fiscal,  political,
            and economic feasibility  and  environmental
            soundness, citing  examples as appropriate.

          •  The agency's expertise, whether in-house or
            readily available, with  particular  regard
            to water  quality  and  comprehensive  planning,
            citing any appropriate  specific qualifications.

          •  The agency's fiscal,  manpower,  data, and  other
            resources  available for  the required planning
            in light  of  existing  and  proposed  commitments
            in other  areas or  activities.

          •  The agency's capability  for having  the  plan
            implemented, citing specific  examples  upon
            which  such conclusions  are based  including
            minimum personnel  requirements.

                            27

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   Designated Agency Description

   1 .    Membership of Governing Board

        The Regional Council  of Governments  is  an
organization whose membership is  limited to  local
general  purpose governments  within State Planning
Region 3.   Membership on the  Council  is  limited to
the mayor,  city councilman,  or a  county  commissioner
representing the member units of  government.   A list
of the Council of Governments' membership and their
representatives are contained in  Attachment.

   2.    Geographical Jurisdiction

        RCOG has regional  planning jurisdiction over
the entire  area of Hinton,  Easley, Canton, and  Princeton
Counties proposed for designation.  In addition, it is
the recognized regional planning  agency  for  the State
Planning and Management District  No.  3,  which encompasses
these  five  counties.

   3.    Functional Jurisdiction

        Article III in the  Articles of Association identify
   the functions to be performed  by RCOG, including plans
for land use, transportation, public  works such as utilities
flood  control works, water  reservoirs, and pollution con-
trol  facilities and recommendations for  regulatory measures.

   4.    Other Projects

        In  1972 the $300,000  two  year Project REUSE was
completed,  with plans for urban drainage and  flood control
and solid  waste.  The Urban  Drainage  and Flood  Control
District,  which was a cooperating agency, is  now
implementing  its  program based on Project REUSE recommen-
dations.  A private firm is  conducting a pilot  program to
convert municipal and commercial  solid waste  to energy,
accompanied by separation and recycling  of valuable materials.
If successful, the firm would take all such  waste from the
area,  effectively carrying  out the major elements of Project
REUSE.

   5.    Relationship With Other Planning Agencies

        In  its role as the  areawide planning  agency for the
Metropolitan Area, the Council maintains effective working
relationships with the planning agencies of  its member
jurisdictions and with the  planning activities  of various
state, federal and regional  agencies.  Specifically, within
the area of waste treatment  management planning, the Council
of Governments regularly receives advice and  recommendations
on the subject from its Water Resources  Advisory Committee.
This  committee is composed  of individuals involved in
wastewater, runoff, water supply and  other waste resource


                               28                   continued..

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management activities in each of the Council's member
jurisdictions.   Similarly, through it's Regional  Planning
Advisory Committee, advice and recommendations are
received from the planning agencies of local  government
on wastewater and the entire range of planning activities
of the Council.

   6.   Relationship with Management and Regulatory
        Agencies

        The Council of Governments also maintains working
relationships with the various management and regulatory
agencies that possess zoning and subdivision   controls, as
well  as those which construct and operate wastewater
facilities.  Zoning and subdivision controls  are  excercised
primarily by the cities and counties which constitute the
membership of the Regional Council of Governments.

   7.   History of Water Quality Management Planning

        With specific reference to wastewater management
planning, the Regional Council of Governments has a long
history of accomplishment in this area, as shown  in Table
9 .   As far back as 1956, the Council, then known as the
Inter-County Regional Planning Commission, undertook
studies designed to solve then existing metropolitan
sewage disposal  problem.  These early efforts were studies
conducted by the Commission and, later, cooperatively with
the Joint Sanitation Commission, which provided a basis
for the state legislation in 1960 enabling creation of
the Metropolitan Sewage Disposal District No. 1.

   8.   Agency Capability

        COG has  a professional staff of 37 persons, and
38 non-professionals.  With regard to water quality planning
three professionals have responsibilities in  this area,
principally to direct the activities of consultants.  One
of these staff members has an M.S. degree in  Water Resources
and did a major part of the recent Wasteload  Allocation
Study, assisted by a consultant.  The other staff members
have  education and experience in economics, urban planning
and public administration.  This staff would  be increased
to add water resources personnel neeeded to carry out the
planning effort Under Section 208.

        COG staff relies upon members of the  Water
Resources Advisory Committee for professional advice
in wastewater and other water related matters, particularly
in A-95 reviews  and wastewater Site Location  Reviews for
the State.
                                                     continued.

                             29

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   9.    Agency Commitments

        The agency has a long history of comprehensive
planning, including a wide range of functional  elements.
RCOG is financially supported by annual  dues from its
participating members, based upon an established formula.
This revenue is used for the agency's sustaining activities
and as matching funds for State and Federal  grants.   No
other activities or programs would preclude  an  active
water quality management planning program under Section
208.  Instead, land use, storm runoff, open  space, trans-
portation and water quality activities can complement one
another.
                          30

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                The costs below
        estimate the per capita
        management plans
        with discretion.
        pending upon the
        management problems,
        already completed or
       are furnished as a guide to
       cost of the waste treatment
  These figures should be applied
 They may be raised or lowered de-
severity of the waste treatment
    and on the amount of planning
    funded by other sources.   For
        example, if the area has already received or is to
        receive a Step 1 201 grant, the amount to be granted
        under Section 208 should be reduced accordingly.
        Similarly, if the area has recently received or is
        to receive HUD 701 monies for land planning, the
        208 grant should be reduced by the total amount
        (i.e., HUD 701 plus local matching funds), to be
        expended for land planning.  Any upward change must
        be fully and specifically justified.
                  POPULATION SIZE OF DESIGNATED AREA
                         100,000 -   250,000 -   500,000
                         250.000     500,000     750.000
                                    750,000
201 Planning
Land Planning
Storm Drainage
Non-Point Source
Industrial Source
Management
1.50
0.80
0.55
0.30
0.10
0.20
1.15
0.65
0.40
0.25
0.10
0.20
0.70
0.40
0.25
0.15
0.10
0.20
0.40
0.25
0.15
0.10
0.10
0.20
Total Cost Per Capita
  3.45
2.75
1 .80
1 .20
                                  31

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                          APPENDIX  A
1972 Federal Water Pollution Control Act Amendments  (P.L.  92-500)

           AREAWIDE WASTE TREATMENT MANAGEMENT

                           Section 208
 a)  For the purpose of encouraging  and  facilitating  the  development  and
     implementation of areawide waste treatment management  plans-
     (1)  The Administrator,  within  ninety  days after the date  of  enactment
          of this Act and after consultation  with  appropriate Federal,
          State,  and local authorities,  shall by regulation publish guide-
          lines for the identification of those areas which, as  a  result
          of urban-industrial concentrations  of other factors,  have sub-
          stantial water quality control problems.

     (2)  The Governor of each State,  within  sixty days after publication
          of the guidelines issued pursuant to paragraph  (1) of  this  sub-
          section, shall identify each area within the State which, as  a
          result  of urban-industrial concentrations or other factors, has
          substantial water quality  control problems.  Not  later than one
          hundred and twenty days following such identification and after
          consultation with appropriate  elected and other officials of
          local governments having jurisdiction in such areas,  the Governor
          shall designate (A) the boundaries  of each  such area,  and (B) a
          single  representative organization,  including elected  officials
          from local governments or  their designees,  capable of  developing
          effective areawide waste treatment  management plans for  such  area.
          The Governor may in the same manner at any  later  time  identify
          any additional area (or modify an existing  area)  for which  he
          determines areawide waste  treatment management  to be  appropriate,
          designate the boundaries of such  area, and  designate  an  organiza-
          tion capable of developing effective areawide waste treatment
          management plans for such  area.

     (3)  With respect to any area which, pursuant to the guidelines
          published under paragraph  (1)  of  this subsection,  is  located  in
          two or  more States, the Governors of the respective States  shall
          consult and cooperate in carrying our the provisions  of  para-
          graph (2), with a view toward  designating the boundaries of the
          interstate area having common  water quality control problems  and
          for which areawide waste treatment  management plans would be
          most effective,  and toward designating,  within  one hundred  and
          eighty  days after publication  of  guidelines issued pursuant to
          paragraph (1)  if this subsection, of a single representative
          organization capable of developing  effective areawide  waste
          treatment management plans for such area.

     (4)  If a Governor does not act,  either  by designating or  determining
          not to  make a designation  under paragraph (2) of  this  subsection,
          within  the time required by such  paragraph,  or  if, in  the case of
          an interstate area, the Governors of the States involved do not
          designate a planning organization within the time required  by
          paragraph (3)  of this subsection, the chief elected officials of
                                    A-l

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         local governments within an area may by agreement designate (A)
         the boundaries for such an area, and (B) a single representative
         organization including elected officials from such local govern-
         ments, or their designees, capable of developing an areawide
         waste treatment management plan for such area.

    (5)   Existing regional agencies may be designated under paragraphs (2),
         (3), and (4) of this subsection.

    (6)   The State shall act as a planning agency for all portions of such
         State which are not designated under paragraphs (2), (3), or (4)
         of this subsection.
    (7)   Designations under this subsection shall be subject to the approval
         of the Administrator.

b)  (1)   Not later than one year after the date of designation of any
         organization under subsection (a) of this section such organization
         shall have in operation a continuing areawide waste treatment man-
         agement planning process consistent with section 201 of this Act.
         Plans prepared in accordance with this process shall contain alter-
         natives for waste treatment management, and be applicable to all
         wastes generated within the area involved.  The initial plan pre-
         pared in accordance with such process shall be certified by the
         Governor and submitted to the Administrator not later than two
         years after the planning process is in operation.

    (2)   Any plan prepared under such process shall include, but not be
         limited to-

         (A)  the identification of treatment works necessary to meet the
              anticipated municipal and industrial waste treatment needs of
              the area over a twenty-year period, annually updated  (including
              an analysis of alternative waste treatment systems), including
              any requirements for the acquistion of land for treatment pur-
              poses; the necessary waste water collection and urban storm
              water runoff systems; and a program to provide the necessary
              financial arrangements for the development of such treatment
              works;

         (B)  the establishment of construction priorities for such treat-
              ment works and time  schedules for the initiation and completion
              of all treatment works;

         (C)  the establishment of a regulatory program to-

               (i)   implement the waste treatment management requirements
                    of section 201(c),

              (ii)   regulate the location, modification, and construction of
                    any facilities within such area which may result in any
                    discharge in such area, and


                                 A-2

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        (ill)  assure that any industrial or commercial wastes dis-
               charged into any treatment works in such area meet
               applicable pretreatment requirements;

      (D)   the identification of those agencies necessary to construct,
           operate,  and maintain all facilities required by the plan
           and otherwise to carry out the plan;

      (E)   the identification of the measures necessary to carry out the
           plan (including financing), the period of  time necessary to
           carry out the plan, the costs of carrying  out the within such
           time, and the economic, social, and environmental impact of
           carrying  out the plan within such time;

      (F)   a process to (i) identify, if appropriate,  agriculturally and
           silviculturally related nonpoint sources of pollution, includ-
           ing runoff from manure disposal areas, and from land used for
           livestock and crop production, and (ii) set forth procedures
           and methods (including land use requirements) to control to
           the extent feasible such sources;

      (G)   a process to (i) identify, if appropriate,  mine-related sources
           of pollution including new, current, and abandoned surface and
           underground mine runoff, and (ii) set forth procedures and
           methods (including land use requirements)  to control to the
           extent feasible such sources;

      (H)   a process to (i) identify construction activity related sources
           of pollution,  and (ii) set forth procedures and methods (includ-
           ing land  use requirements) to control to the extent feasible
           such sources;

      (I)   a process to (i) identify, if appropriate,  salt water intru-
           sion into rivers, lakes, and estuaries resulting from reduction
           of fresh  water flow from any cause, including irrigation,
           obstruction, ground water extraction, and  diversion, and (ii)
           set forth procedures and methods to control such intrusion to
           the extent feasible where such procedures  and methods are other-
           wise a part of the waste treatment management plan;

      (J)   a process to control the disposition of all residual waste
           generated in such area which could affect  water quality; and

      (K)   a process to control the disposal of pollutants on land or in
           subsurface excavations within such area to protect ground and
           surface water quality.

(3)   Areawide waste  treatment management plans shall  be certified annually
     by  the Governor or his designee (or Governors or their designees,
     where more than one State is involved) as being  consistent with
     applicable basin plans and such areawide waste treatment management
     plans shall be  submitted to the Administrator for his approval.

                              A-3

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   (4)  Whenever the Governor of any State determines (and notifies the
        Administrator) that consistency with a statewide regulatory pro-
        gram under section 303 so requires, the requirements of clauses (F)
        through (K) of paragraph (2) of this subsection shall be developed
        and submitted by the Governor to the Administrator for application
        to all regions within such State.

c) (1)  The Governor of each State, in consultation with the planning agency
        designated under subsection (a) of this section, at the time a plan
        is submitted to the Administrator, shall designate one or more waste
        treatment management agencies (which may be an existing or newly
        created local, regional, or State agency or political subdivision)
        for each area designated under subsection (a) of this section and
        submit such designations to the Administrator.

   (2)  The Administrator shall accept any such designation, unless, within
        120 days of such designation, he finds that the designated manage-
        ment agency (or agencies) does not have adequate authority-

        (A)  to carry out appropriate portions of an areawide waste treat-
             ment management plan developed under subsection  (b) of this
             section;

        (B)  to manage effectively waste treatment works and related facili-
             ties serving such area in conformance with any plan required
             by subsection  (b) of this section;

        (C)  directly or by contract, to design and construct new works, and
             to operate and maintain new and existing works as required by
             any plan developed pursuant to subsection  (b) of this section;

        (D)  to accept and utilize grants, or other funds from any source,
             for waste treatment management purposes;

        (E)  to raise revenues, including the assessment of waste treatment
             charges;

        (F)  to incur short-and long-term indebteness;

        (G)  to assure in implementation of an areawide waste treatment
             management plan that each participating community pays its
             proportionate  share of treatment costs;

        (H)  to refuse to receive any waste from amy municipality or sub-
             division thereof, which does not comply with any provisions of
             an approved plan under this section applicable to such area;  and

        (I)  to accept for  treatment industrial wastes.

      d)  After a waste treatment management agency having the authority
         required by subsection  (c) has been designated under such subsection
         for an area and a  plan for such area has been  approved under sub-
         section  (b) of this section, the Administrator shall not make any
         grant for construction of a publicly owned treatment works under

                                   A-4

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        section 201(g)(l) within such area except to such designated agency
        and for works in conformity with such plan.

    e)  No permit under section 402 of this Act shall be issued for any point
        source which is in conflict with a plan approved pursuant to subsection
        (b) of this section.

f) (1)  The Administrator shall make grants to any agency designated under
        subsection (a) of this section for payment of the reasonable costs
        of developing and operating a continuing areawide waste treatment
        management planning process under subsection (b) of this section.

   (2)  The amount granted to any agency under paragraph (1) of this subsection
        shall be 100 per centum of the costs of developing and operating a
        continuing areawide waste treatment management planning process under
        subsection (b) of this section for each of the fiscal years ending
        on June 30, 1973, June 30, 1974, and June 30, 1975, and shall not
        exceed 75 per centum of such costs in each succeeding fiscal year.

   (3)  Each applicant for a grant under this subsection shall submit to the
        Administrator for his approval each proposal for which a grant is
        applied for under this subsection.  The Administrator shall act upon
        such proposal as soon as practicable after it has been submitted, and
        his approval of that proposal shall be deemed a contractual obligation
        of the United States for the payment of its contribution to such pro-
        posal.  There is authorized to be appropriated to carry out this
        subsection not to exceed $50,000,000 for the fiscal year ending
        June 30, 1973, not to exceed $100,000,000 for the fiscal year ending
        June 30, 1974, and not to exceed $150,000,000 for the fiscal year
        ending June 30, 1975.

   (g)  The Administrator is authorized, upon request of the Governor or the
        designated planning agency, and without reimbursement, to consult
        with, and provide technical assistance to, any agency designated
        under subsection (a) of this section in the development of areawide
        waste treatment management plans under subsection (b) of this section.

h) (1)  The Secretary of the Army, acting through the Chief of Engineers, in
        cooperation with the Administrator is authorized and directed, upon
        request of the Governor of the designated planning organization, to
        consult with, and provide technical assistance to,  any agency designed
        under subsection (a) of this section in developing and operating a
        continuing areawide waste treatment management planning process under
        subsection (b) of this section.

   (2)  There is authorized to be appropriated to the Secretary of the Army,
        to carry out this subsection, not to exceed $50,000,000 per fiscal
        year for the fiscal years ending June 30, 1973, and June 30, 1974.
                                   A-5

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            APPENDIX  B
PART  126—AREAWIDE.  WASTE  TREAT-
  MENT MANAGEMENT PLANNING AREAS
  AND  RESPONSIBLE PLANNING AGEN-
  CIES
  On May 30, 1973, notice was published
in the FEDERAL REGISTER, 38 FR 14230,
     RULES  AND  REGULATIONS

 that  the   Environmental  Protection
 Agency was proposing policies and pro-
 cedures for the designation of areawide
 waste  treatment management pursuant
 to section 208 (a) of the Federal Water
 Pollution Control  Act Amendments  of
 1972 (86  Stat. 816 (33 U.S.C. 1251, 1288
                                           The regulations are designed to serve
                                         as guides for the Governors of the States
                                         and chief elected officials of general pur-
                                         pose local government  in  identifying
                                         areas which, as a result of urban-indus-
                                         trial concentrations  or  other  factors,
                                         have substantial water  quality control
                                         problems which require an areawide ap-
                                         proach in planning for and implementing
                                         corrective action, and  in  designating
                                         agencies  capable  of  developing  waste
                                         treatment management  plans for  such
                                         areas.
                                           In view of the intent of the legislation,
                                         the  Environmental  Protection  Agency
                                         believes that  an areawide water quality
                                         management  program should  be carried
                                         out  to gain  the following objectives:
                                           Provide  cost  effective, point  source
                                         treatment and control for areas of ur-
                                         ban-industrial   concentrations  having
                                         substantial water quality control  prob-
                                         lems.
                                           Provide for control of nonpoint sources
                                         in urban-industrial   and  other  areas
                                         where such controls are required includ-
                                         ing prevention of water quality problems
                                         in the future.
                                           Provide  for coordinated  waste treat-
                                         ment management in such areas.
                                           Written comments on the proposed
                                         rulemaking were invited and received
                                         from interested parties. A number of ver-
                                         bal comments also were received. The En-
                                         vironmental Protection Agency has care-
                                         fully considered all submitted comments.
                                         All written comments are on file with the
                                         Agency. Certain of these comments have
                                         been adopted or substantially satisfied by
                                         editorial change, deletions from, or addi-
                                         tions to  the  regulations.  These changes
                                         are discussed below.
                                           (a) A substantial water quality  con-
                                         trol problem was further defined to indi-
                                         cate that the problem exists where water
                                         quality has been degraded to the extent
                                         that desired uses are impaired or  pre-
                                         cluded. The identification of water qual-
                                         ity segments under 40 CFR Part 130 or
                                         groundwater pollution problems are mea-
                                         sures of the extent of the problem.
                                           (b) The definition  of  local units of
                                         government that may respond to indicate
                                         intent to  join together in the planning
                                         process now  includes both general pur-
                                         pose and other appropriate units of local
                                         government. (See § 126.10(c).)
                                           (c) The criteria for designation  of a
                                         planning agency now  includes the con-
                                         sideration  of  an existing agency's cap-
                                         ability for implementing the plan or hav-
                                         ing the plan  implemented.  (See  §  126-
  (d) The requirements for the submis-
sion of information on 208 planning areas
and agencies have been revised to require
a statement relating the boundaries of
the area to the SMSA  but not to require
conformance to SMSA boundaries. (See
§ 126.15.)
                                 25681


   (e)  The Governor's right to nondesig-
 nate in intrastate areas only is clarified.
 (See § 126.16.)
   (f) Where  208  planning  area and
 agency designations are made by local
 public officials, the  Governor's views  on
 these designations may be made to the
 Administrator.
   (g)  The  Administrator's  approval  or
 disapproval actions of areas and agencies
 will be published in the FEDERAL REGIS-
 TER. (See § 126.17.)
   (h)  The requirements for public par-
 ticipation as set forth in 40 CFR, Part
 105 shall be followed.
   Effective date.—September 14, 1973.
   Because of the importance of promptly
 making known to States, local units of
 government and other interests the con-
 tents of these regulations in order that
 area and agency designations  may  be
 made under section 208 (a)  of the Act, the
 Administrator finds good cause to declare
 the regulations effective on September 14,
 1973.

   Dated September 4,1973.

                     JOHN QTIARLES,
                Acting Administrator.
   Subpart A—Scope and Purpose; Definitions
 Sec.
 126.1   Scope and Purpose.
 126.2  Definitions.

 Subpart B—Procedures for Designation  of 208
  Planning Areas and Agencies Responsible  for
   Planning
 126.10  Criteria for  determination  of  208
         planning areas.
 126.11  Criteria for designation of agencies
         responsible for planning.
 126.12  Procedure for designation of  intra-
         state 208  planning  areas and
         agencies responsible for planning.
 126.13  Procedure for designation of  inter-
         state 208  planning  areas and
         agencies responsible for planning.
 126.14  Nondesignation of 208 planning areas
         and/or agencies by Governor(s).
 126.15  Submissions of 208  planning areas
         and agencies responsible for plan-
         ning.
 126.16  Procedure for  designation of  208
         planning areas and agencies re-
         sponsible for planning by the chief
         elected officials of general purpose
         local government.
 126.17  Review of submissions.
 126.18  Revisions.
  Subpart C—State Planning in  Nondesignated
                 Areas
 126.20  Determination of planning agencies
         in nondesignated areas.

      Subpart D—Public Participation
 126.30  Public participation requirements In
         designation of 208 planning areas
         and  designation   of   agencies
         responsible for  planning.
  Subpart E—Assistance to Designated Agencies
 126.40  Determination of eligibility.
  AUTHORITY.—Sec. 208 and 501, 86 Stat., 816,
 (33 U.S.C. 1251, 1288(a) (1)).

Subpart A—Scope and Purpose; Definitions

 § 126.1  Scope and purpose.

  This   part  establishes   regulations
specifying procedural and other elements
and criteria  for the use of  State  Gov-
ernors and chief elected officials of gen-
eral purpose local government In the
designation of the areas, including their
                              FEDERAL REGISTER, VOL 38,  NO.  178—FRIDAY, SEPTEMBER 14, 1973
                                                             B-l

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25682
     RULES AND REGULATIONS
boundaries,  requiring  areawide  plan-
ning for waste treatment management
pursuant to section  208 of the Act and
designation  of  agencies responsible for
such planning. This part provides that
each State should comply with the re-
quirements of this  Part not later than
180 days after the  date  of publication
of this part.
§ 126.2  Definitions.
  As  used  in this  part,  the following
terms shall have the meanings set forth
below:
   (a) The  term "Act" means the Fed-
eral  Water  Pollution  Control  Act
Amendments of 1972 (86 Stat.  816 (33
U.S.C. 1251, 1288(a)(D).
   (b) The  term "EPA" means the U.S.
Environmental Protection Agency.
   (c) The term "Administrator" means
the Administrator of the U.S. Environ-
mental Protection Agency.
   (d) The  term  "208 planning areas"
means the area designated under section
208(a) (2),  (3), or  (4) of the Act.
Subpart B—Procedures for Designation of
  208 Planning Areas and Agencies Re-
   sponsible for Planning
§ 126.10  Criteria for determination  of
     208 planning areas.
  The following criteria will be utilized
in designation of  208 planning areas.
   (a) A Preference will be given by the
Administrator, in approving designation,
to areas of urban-industrial concentra-
tions,  because  of the  Act's legislative
history  and in  view of the institutional
nature  of  urban-industrial  concentra-
tions. For this purpose an urban-indus-
trial concentration  is that portion of a
standard metropolitan statistical  area
(SMSA—as  denned  by  the  Office  of
Management and Budget), or those por-
tions of  SMSA's,   having  substantial
concentrations of population and manu-
facturing  production  or  other factors
which result in substantial water quality
control problems. The  entire SMSA(s)
may be designated as the planning area.
Such areas may be increased to include
areas outside the SMSA(s)  which have
substantial water quality control  prob-
lems  resu1 'ng from concentrations  of
population  and manufacturing activity
or  other factors and which are  con-
tiguous to the- SMSA(s);
   (b) The  area must have  a  substan-
tial  water  quality  control  problem. A
substantial water quality control  prob-
lem shall be  considered  to exist only
where the complexity and nature of the
water  quality control problem  requires
an areawide waste  treatment  manage-
ment plan, and where water quality has
been  degraded to the  extent  that de-
sired uses are impaired or precluded. A
measure of the extent of the  problem
includes those areas where:
   (DA substantial portion of the  major
receiving waters available for waste dis-
charge from the area has been classified
by the State as a water quality segment,
after adequate analysis  demonstrating
this classification,  under the  require-
ments of Part 130  of this  chapter, or;
  (2)  A  substantial  and  extensive
groundwater pollution problem exists; or
where  the dependence of an  area on
groundwater makes it  essential that its
ground water resource  be given the nec-
essary  protection from pollution it  re-
quires.
  (c) The affected general purpose  or
other appropriate units of local govern-
ment within the boundaries of the  208
planning area  must:
  (1) Have in operation a  coordinated
waste treatment management system, or
  (2) Show their intent, through for-
mally adopted resolutions,  to  join  to-
gether to develop and implement a plan
which will result in a coordinated waste
treatment management system  for  the
area.
  (d) Affected units of local government
must have legal authority to enter into
agreements  for  coordinated wastewater
management in  compliance with section
208 of the Act.
§ 126.11   Criteria  for designation   of
     agencies responsible for planning.
  (a) The agency shall be a representa-
tive  organization  whose  membership
shall include but need  not be limited to
elected officials of local governments, or
their designees, having jurisdiction in the
designated planning area. The agency
shall establish procedures for plan adop-
tion and resolution of major issues. The
agency shall have waste treatment plan-
ning jurisdiction in the entire designated
area. Existing, capable regional agencies
may be  designated consistent with  the
policies in Title IV of  the Intergovern-
mental Cooperation Act of 1968,  as im-
plemented by  Part IV  of OMB Circular
A-95. A  single qualified agency may be
designated as being responsible for plan-
ning in more than one planning area.
  (b) In the  selection of the areawide
planning agency, the Governor(s) must
consider  that  such agency,  pursuant to
section 208(b) (1) of the Act, shall have
the water quality management planning
process fully underway no later  than 1
year after its  designation. Further,  the
agency must have the capability to com-
plete,  and  shall complete,  the  initial
water quality management plan no later
than 2 years after the planning process
is in operation or such earlier date as the
State may require for incorporation into
State plans required under section  303
(e) of the Act. The Governor or, in inter-
state cases,  the  Governors,  shall in  the
designation process, consider:
  (1) The general and specific legal au-
thorities  and  prohibitions applicable to
the  agency with regard to water  quality
management planning, including but not
limited to coordination with or participa-
tion in comprehensive planning, land use
planning, water sewer  planning,  coastal
zone planning, and other related plan-
ning and development activities and con-
trols.
  (2) The relationship  of  the  agency
(both formal and informal)  with plan-
ning agencies  of different levels of gov-
ernment including but not limited to
Federal,  State,  interstate and  Federal-
State agencies as well as local govern-
ment agencies.
  (3) The relationship  of  the agencv
(both formal  and informal)  with  man-
agement and regulatory agencies such as
those that possess zoning and subdivision
controls, and  those  that construct and
operate wastewater facilities.
  (4) Where an existing agency is des-
ignated :
  (i)  The agency's past record in  water
quality  management planning will., spe-
cial  regard  to plan  quality, technical
fiscal, political, and economic feasibility.
and environmental soundness.
  (ii) The agency's expertise, either.in-
house or readily available, with particu-
lar regard to water quality and compre-
hensive planning.
  (iii)  The  agency's fiscal,  manpower.
data, and  other  resources  in light of
existing and proposed commitments in
other areas.
  (iv)  The agency's capability for hav-
ing the plan implemented, or of imple-
menting all or portions of the plan itself.
§ 126.12  Procedure  for designation of
     intrasJate  208 planning  areas  and
     agencies responsible for planning.
  The Governor of the State shall, after
proper  consultation  with  appropriate
elected  and other officials  of local gov-
ernments having jurisdiction in  such
area, and such State agencies as he may
desire, and having complied with the re-
quirements  for public  participation as
set  forth  in  § 126.30 of  this regulation,
designate the 208 planning area, includ-
ing its  boundaries, and  a  single repre-
sentative agency to be responsible for the
planning. In designating such planning
areas and agencies,  the Governor shall
consider  the  criteria  set  forth  in
§§ 126.10 and 126.11.

§ 126.13  Procedure  for designation of
     interstate  208 planning  areas  and
     agencies responsible for planning.
  The Governors  of the States shall, in
interstate areas, after consultation with
appropriate  elected  and  other officials
of all local governments having jurisdic-
tion and with such State and interstate
agencies as they may desire, or may be
required by State legislation, and having
complied with the requirements for pub-
lic participation as set forth in § 126.30.
mutually  designate  each 208  planning
area including its boundaries, and for
each area a single representative agency
to be responsible for the  planning. In
designating  such planning  areas  and
agencies,  the Governors shall consider
the  criteria  set forth in §§ 126.10  and
126.11.
§ 126.14  Nonde.signation of 208  plan-
     ning areas and/or agenoie- b> (»»\-
     ernor(s).
  In certain  intrastate areas  the  Go\ -
ernor may determine not to designate a
208 planning  area even though the cri-
teria set forth  in §§126.10 and  12611
may be met.  Specific nondesignation of
a 208 planning area does not preclude
later designation by the Governor
                               FEDERAL REGISTER, VOL. 38, NO.  178—FRIDAY,  SEPTEMBER 14,  1973

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               RULES  AND  REGULATIONS
                                                                         2568.°,
   NOTE.—Attention is called to the fact that
 the  Governor has  three specific choices of
 action He may designate, remain silent, or
 may nondesignate specific areas. If the Gov-
 ernor remains silent, the chief elected of-
 ficials of  general purpose local government
 in  the  area  may  make such designations
 If they so choose   Upon approval  by the
 Administrator, designation  by local elected
 officials Is  binding  upon the  Governor.
 § 126.15   Submissions of 208 planning
     areas and  agencies responsible  for
     planning.
   Within  180   days  after   issuance  of
 this Part  the Governor shall notify the
 Administrator  of his  actions regarding
 designation of  208 planning areas and
 agencies  responsible  for the planning.
 This notification shall be in writing and
 shall include:
   (a)  Identification of each area within
 the State determined to be eligible by the
 Governor under § 126.10.
   (b>  A  list of all areas among those
 eligible which  the  Governor wishes  to
 nondesignate at this time.
    A list of all areas among those
 eligible which  the  Governor wishes  to
 designate  at this  time. For each area
 designated  the  following   information
 shall be provided :
   < 1) An exact description of the bound-
 aries of each area including a statement
 relating  to boundaries of  any area  to
 the  boundaries of  the  SMSA's) con-
 tained within or contiguous to the area,
 or in those  areas not within a  SMSA
 a  statement relating  the boundaries  of
 the  area  to the nearest  SMSA,  and a
 statement indicating:
   (i) Population of the area,
    Nature of the concentration and
 distnbution of  industrial  activity  in the
 area,
   (in) Degree to which it is anticipated
 that the  area could improve its  ability
 to control water quality problems were
it designated as  a planning 208  area,
 and
  (iv)  Factors  responsible for designa-
 tion.
  (2) Identification   and   supporting
analysis of each water quality segment
included in each  area, as developed in
accordance with Part 130 of  this chapter.
  (3) For each area a. copy  of the char-
ter of existing regional waste treatment
management   agencies   or  formally
adopted resolutions which  demonstrate
that the general purpose units  of local
government involved  will join together
in the planning process to  develop and
implement a plan which will  result in
a coordinated waste treatment manage-
ment system for the area. The resolutions
shall  also state that  all proposals for
grants for construction  of a  publicly
owned treatment works will be consistent
with the approved plan and  will be made
only  by  the designated  management
 agency.
  (4) For each  area the name, address,
 and  official contact for the agency des-
ignated to carry out the planning.
   (5) A  statement on the  factors con-
 sidered in  agency  designation  as de-
 scribed in § 126.11.
            (6) A summary  of public participa-
          tion in accordance with the requirements
          set forth in § 126.30.
          § 126.16  Procedure  for  designation of
               208 planning areas and  agencies re-
               sponsible for planning by the chief
               elected officials of general purpose
               local government.
            (a) In the case of any mtrastate area,
          if the Governor of  an affected area does
          not act to designate  or nondesignate it
          as a 208 planning  area, or in an inter-
          state area if the Governors of an affected
          area do not act to  designate it as  a 208
          planning area, the  chief elected officials
          of general  purpose  local governments
          having  jurisdiction in the  area,  after
          meeting  the  requirements  for   public
          participation  as set  forth  in § 126.30,
          may designate such planning area, and
          a single  representative  agency responsi-
          ble for the planning, which shall be based
          upon the criteria set forth in §§ 126.10
          and 126.11.
            (b) After  making  such  designation,
          the chief local officials shall:  (1)  Notify
          the  Governor! s)  of  the  State's) af-
          fected by their action, and  (2)  submit
          their  designation to  the  Administrator
          in accordance with  the requirements set
          forth in 5 126.15  When  the Governor
          receives notification he may submit his
          views regarding the designation  to the
          Administrator.
§ 126.17
                           <>f
            (a) The Administrator  shall  review
          each submission of designated 208 plan-
          ning areas and agencies to determine
          compliance with the criteria set forth
          in this Part.
            ( b ) Upon completion of his review, the
          Administrator  shall  publish  notice  in
          the FEDERAL REGISTER and  shall notify
          in  writing the appropriate Governor(s)
          or  local officials making such  designa-
          tions of his approval or disapproval of
          each designation In the event that the
          Administiator disapproves  any  of  the
          designations,  he shall specify  his  rea-
          sons with his  notice  of disapproval.
          § 126.18   Ke\ision-.
            (a> The  appropiiate  Governor! s)  or
          local officials  (where the original desig-
          nation was not made by the Governor's)
          may from time to time propose in writing
          a revision of the boundaries of any 208
          planning area previously approved. The
          Administrator shall  approve or  disap-
          prove such proposed revision pursuant to
          § 126.17  The effective date of designation
          is  the  date  oi  the  Administrator's
          approval
            (b) The Governor! s>  may also desig-
          nate from time to time previously non-
          designated planning  areas and  agencies
          In such cases the designation, submission.
          and  approval  shall follow the require-
          ments set forth in this Part.
                Subpart C — State Planning in
                    Nondesignated Areas
          § 126.2(1   Determination   of   planning
              agencies in iiondrsignatcd areas.
            ( a ) The State shall act as the planning
          agency for all areas not designated under
 §§ 126.12,  126.13,  or 126.16. Where  the
 Governor determines, pursuant to section
 208(b) (4)  of the  Act, that the require-
 ments of section  208(b)(2>  (F through
 K)  should be  applied  on a  statewide
 basis, the State may apply the planning
 process established  pursuant to section
 303 of the Act as the process for carrying
 out  the requirements  of the  sections.
 Funds which may  be available under sec-
 tion 106 of the Act may be  utilized to
 conduct planning pursuant to this sec-
 tion.
   (b) Assumption by the State of  the
 planning responsibilities in these  areas
 does not foreclose the  establishment of
 other planning processes at the substate
 level.
     Subpart D—Public Participation
 § 126.30   Public  participation  require-
     ments in designation of 208 planning
     areas and designation of agencies re-
     sponsible for planning.
   (a) The guidelines for public partici-
 pation as set forth in  Part 105 of this
 chapter  implementing section  101 (e)  of
 the Act shall be followed.
  ,
 (g). and  of the Act shall be provided
only to  those agencies designated under
 § 126.12. 126.13, or  126.16.
 |FB Doc 73-19294 Filed 9-13-74,8 45  ami
FEDERAL  REGISTER, VOL.  38, NO. 178-

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