011*610
REVISED AREA AND AGENCY DESIGNATION HANDBOOK
FOR
SECTION 208 AREAWIDE WATER QUALITY MANAGEMENT PLANNING
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
NOVEMBER 1975
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REVISED AREA AND AGENCY DESIGNATION HANDBOOK
FOR
SECTION 208 AREAWIDE WATER QUALITY MANAGEMENT PLANNING
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
NOVEMBER 1975
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PREFACE
This handbook is a revised edition of the Area and Agency Designation
Handbook. It is part of a series of handbooks designed to provide State and local
agencies with additional assistance in the Section 208 Areawide Waste Treat-
ment Management planning and implementation program. Other available handbooks
address 208 work plans, cost analysis, interim outputs and management agencies.
These handbooks are intended for use as a supplement to the 208
Regulations, Guidelines, and EPA Polciy Statements published as program guidance
(AM memoranda) by the Water Planning Division. The handbooks repeat or re-
ference the regulations, guidelines and policies, and provide realistic ex-
amples of typical local agency responses.
This handbook discusses the qualifications and procedure for designa-
ting an area and agency for conducting areawide waste treatment management
planning. Under the new regulations outlined in 40 CFR, Part 130, all States
are required to reopen their designation process. This requirement may be
waived, however, if the Regional Administrator determines that the initial
designation process resulted in the designation of all eligible areas and
agencies within the State. New designations that do result will now follow
the revised criteria and procedure presented herein.
Among the EPA documents which provide information relevant to the
designation process are:
• 40 CFR, Part 130, Policies and Procedures for Continuing
Planning Process; Part 130.13, Designation of Areawide
Planning Areas and Agencies is included in the Appendix.
t Guidelines for Areawide Waste Treatment Management Planning
(August, 1975).
This handbook was prepared under Contract No. 68-01-3195 by Centaur
Management Consultants, Inc., with the direction and support of James W. Meek
and the Areawide Management Branch.
Mark A. Pisano
Director, Water Planning Division
Washington, D.C.
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TABLE OF CONTENTS
PAGE
PREFACE i
INTRODUCTION iv
DESIGNATION PROCESS CHART v
I. BOUNDARY OF DESIGNATED AREAWIDE PLANNING AREA 2
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 4
A. Urban Concentration
B. Urban Growth
III. INDUSTRIAL ACTIVITY IN AREA 6
A. Diversity of Installations
B. Concentration of Installations
C. Amenability to Municipal Waste Treatment
D. Trends in Industrial/Economic Growth
IV. WATER QUALITY FACTORS IN THE AREA 8
A. 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 Statement
6. State Water Quality Preservation Parameters
C. Municipal Waste Management by Two or More Local Governments
D. Substantial Industrial Pollution Problems
E. Population Growth Above National Average or Large Seasonal
Variations *
F. Substantial Urban Storm Drainage
G. Substantial Nonpoint Source Pollution
H. Groundwater Pollution
I. Impaired Groundwater is Major Source of Water
2. Groundwater Pollution Contributes to Surface Water Problem
3. Complex Groundwater Problem
4. Remedial Groundwater Action is Possible Within Area
5. State and Area have Groundwater Goal
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TABLE'OF CONTENTS (continued)
PAGE
V.
VI.
VII.
VIII.
LOCAL GOVERNMENT INTENT
A. Charter of Existing Waste Treatment Management Agency
B. Resolutions for Areawide Planning and Implementation
C. Statement of Authority
PUBLIC PARTICIPATION
A. Meeting Notices
B. Summary of Comments
DESIGNATED PLANNING AGENCY
20
24
26
A. Name
B. Address
C. Official
Contact
FACTORS FOR AGENCY DESIGNATION
A. Membership
B. Planning Jurisdiction
C. Procedures for Plan Adoption and Resolution of Issues
D. Start-up Ability
E. Plan Completion Capacity
F. Relationship with Other Planning Agencies
G. Relationship with Management and Regulatory Agencies
H. Existing Agency History, Expertise, and Resources
26
APPENDIX A 1972 Federal Water Pollution Control Act Amendments
(P.L. 92-500) Areawide Waste Treatment Management,
Section 208
APPENDIX B 40 CFR Part 130.13 Designation of Areawide Planning
Areas and Agencies.
iii
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INTRODUCTION
Section 208 of the Federal Water Pollution Control Act Amendments of
1972 provides a unique opportunity to plan and manage comprehensive, areawide
pollution control programs for municipal and industrial wastewater, storm
and combined sewer runoff, nonpoint source pollutants, and land use as it re-
lates to water quality. Through 208 planning programs, cost-effective and
institutionally feasible plans can be selected to meet the 1983 goals of
the Act.
This handbook discusses the procedure and criteria for designation
of eligible areas and agencies to conduct 208 areawide planning. It has been
revised to comply with new EPA Regulations outlined in 40 CFR, Subpart A.
These regulations mark the reopening of the designation process in all States
except where otherwise waived by the Regional Administrator. Such cases
may arise where all eligible areas and agencies have been designated in pre-
vious years.
Areas eligible for 208 designation must have substantial water quality
control problems. These exist when water quality has been or may be degraded
to the extent that existing or desired designated water uses are impaired or
precluded and when the water quality control problem is complex. Preference
is still given to areas with urban-industrial concentrations.
The procedure for designation is presented in chart form on the
opposite page. The Governor is to make the final decision on designation,
subject to EPA approval. However, chief elected officials of local units
of government are given the opportunity to fully participate in the Governor's
decision.
This handbook is designed to help determine the qualifications of
areas and agencies and prepare the support information which must be sub-
mitted to EPA. Through its examples, this handbook encourages brief and
succint inputs for the designation process.
The format of the handbook follows the intentions of the Act 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 applied to non-urban intensive problem areas that warrant areawide
planning and management. These include areas with high quality waters
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 re-
peated 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.
Tables and Attachments referred to in the examples are not included in the
handbook.
iv
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DESIGNATION PROCESS
30
DAYS
60 90 120 150 180
Regulations become effective
Governor communicates with chief elected
officials of general purpose units of government
in areas not previously designated
Governor identifies areas and agencies which he
intends to designate and requests
their comments and recommendations
In areas where the chief elected officials
feel that the Governor acted in appropriately
in his determination or eligible areas
and agencies, the officials may petition
the Governor for reconsideration
After consideration of recommendations from
Local Officials, the Governor shall:
- Hold public meetings or hearings in
areas he intends to designate
- Hold public meetings or hearings in
areas he does not intend to designate
- Submits his final designations to the
Regional Administrator
Governor submits documentation for
designation (pursuant to 40 CFR 130.13(c)(l))
to the Regional Administrator
The designation process may be waived by the Regional Administrator where
he determines that all eligible areas and agencies were designated in
previous years.
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N 0 T E
This document is not a replacement to the Act, the Regulations
or official EPA Policy Statements. It is a supplement to these docu-
ments showing hypothetical examples of the designation process. Any
clarification of program requirements should be discussed with the
EPA Regional 208 Coordinator.
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L O&Y OF
A, Relationship to
B. Assurance of No Excluded Areas
G« Allowance fUhr Growth of Area
0, Assurance of No Unnecessary Geographic Extent
£. Relationship to Other Types of Areaw1
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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 of the 208 area to the SMSA.
The SMSA contains Conway, Amory, Hyden, and Milton Counties.
Because of the river's importance in the integration of waste treat-
ment 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 covered in
the following sections.
The area encompasses the boudary of the AQMA (Amory, Hyden
and Milton Counties) as well as the HUD 701 comprehensive 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 population characteristics
of an area, along with the industrial activity in Section III, should
serve as the basis for establishing 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, extreme
seasonal variations and/or the size of the population dependent on
groundwater.
Population growth projections for SMSA(s) and water resource
areas can be obtained from the 1972 OBERS "Series E" Projections avail-
able at all EPA Regional Offices. These projections 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 industrial
activity in Section III are merely to characterize the area. The im-
pact on water quality resulting from population or industrial con-
centrations 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
Glennville
Aval on
State
United States
208 Area Counties
1970
447,877
59,428
56,284
36,999
3,924,164
203,235,298
600,000
1980
501 ,300
70,500
72,500
47,600
4,456,200
232,966,000
691,000
1990
601 ,700
92,100
90,000
60,300
5,196,000
268,883,000
844,100
1970 Popu-
lation Per
Square Mile
881.6
97.1
105.4
65.3
94.9
57.5
384
1970 Popu-
lation %
Urban
97.4
58.7
50.3
33.8
58.7
73.5
75.5
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
concentration. 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 began in
certain durable goods industries in the middle and late 1950's.
Particularly the manufacture of glass, rubber, electrical 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 health rate of economic expansion through the mid-
19801 s. Most of the area's future growth will probably be concen-
trated in services, trade, government, and manufacturing. The ex-
pected employment increases in these first three industries are in
line with projections for the national economy. The manufacturing
sector is projected to continue expanding rapidly in the area be-
cause of its present productivity advantage, 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 decentrali-
zation of economic activity is foreseen in the years ahead.
1970 DISTRIBUTION OF INDUSTRIAL ACTIVITY AND VALUE ADDED FOR SMSA
SIC MANUFACTURING
CODE ACTIVITY
20 Food & Kindred
25 Furniture & Fixtures
26 Paper & Allied
27 Printing & Publishing
30 Rubber & Plastic
32 Stone, Clay & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (except
electrical}
36 Electrical Equipment
37 Transportation Equip.
39 Misc. Manufacturing
TOTALS
TOTAL
EMPLOYEES
2,224
2,437
481
1 ,065
2,095
2,855
29,234
8,265
6,758
12,875
11,362
1,583
% BY SIC
CLASSIFI-
CATION
2.73
2.99
.59
1.30
2.57
3.51
35.94
10.16
8.30
15.83
13.97
1.84
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
81,325
99.91
576
1,260.5
SOURCE: State Directory of Manufacturers, U.S. Census of Manufacturers.
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In order to qualify for designation, an area must demonstrate
that it has a "complex problem" which both impairs desired uses and con-
stitutes a complex control problem. A variety of factors determine
whether these conditions exist. The accompanying chart illustrates these
factors in outline by grouping the criteria into a logical screening
test for water quality problems. Both subsets must be represented in
order to qualify. In those cases where the Governor has elected to pre-
empt 208 planning, the area cannot claim those problems as factors for
designation.
Impairment or preclusion of desired uses is defined by EPA as
either (i) water courses with substantial water quality limited seg-
ments ( or substantial groundwater pollution) or (ii) an area with
a stated objective for preservation and protection of existing water
quality. The latter definition has several other factors which are
shown in the accompanying chart and discussed under Section IV B.
The complexity of the water quality control program is defined
by EPA as any three (or more) of the conditions cited on the chart.
One of those conditions might be the existence of a groundwater pol-
lution problem which is defined by additional conditions.
Each of the factors listed is discussed with examples in the
following subsections of Section IV. In each of these subsections,
that portion of the outline pertaining to the discussion is repeated
as a continuation of Section IV.
8
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WATER QUALITY FACTORS
IMPAIRMENT OR PRECLUSION OF DESIRED USES
SUBSTANTIAL WATER QUALITY LIMITED SEGMENTS (OR SUBSTANTIAL
GROUNDWATER POLLUTION)
OR
PRESERVATION OF SURFACE AND/OR GROUNDWATER QUALITY...
OR
UNIQUE RESOURCE IMPAIRED BY GROWTH
AMOUNT OF RESOURCE IMPAIRED BY GROWTH
AND
- COMPLEX INSTITUTIONAL SETTING
OR - COMPLEX SOURCES OF POLLUTION
AND
- STATE NON-DEGRADATION STATEMENT
OR - STATE WATER QUALITY PRESERVATION PARAMETERS
AND COMPLEXITY OF WATER QUALITY CONTROL PROGRAM
r
MUNICIPAL WASTE MANAGEMENT BY TWO OR MORE GOVERNMENTS
SUBSTANTIAL INDUSTRIAL POLLUTION PROBLEM
i
POPULATION GROWTH ABOVE NATIONAL AVERAGE - OR LARGE SEASONAL
fe VARIATION
SUBSTANTIAL URBAN STORM DRAINAGE
SUBSTANTIAL NON-POINT SOURCE POLLUTION
GROUNDWATER POLLUTION...
- IMPAIRED GROUNDWATER IS A MAJOR SOURCE OF WATER
OR - GROUNDWATER POLLUTION CONTRIBUTES TO SURFACE
WATER PROBLEM
AND
- COMPLEX GROUNDWATER PROBLEM
AND
- REMEDIAL CONTROL ACTION IS POSSIBLE WITHIN AREA
AND
- STATE AND AREA HAVE GROUNDWATER GOAL
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r
Stream segments which are in violation of water quality stand-
ards, and which would not meet water quality standards with the appli-
cation of the best practical treatment to point sources, are classified
as water quality limited. To qualify for area designation on the
basis of water quality limited segments, an analysis should be provided
that a substantial portion of the receiving waters are classified as
water quality limited. This information should be based on the river
basin plans prepared by the states in accordance with Section 303(e).
If water quality limited segments are used as a water quality
factor, then it must also be shown that the water quality limited
segments exist as a result of a complex problem (e.g., a single large
discharge on a small stream might qualify the receiving waters as a
water quality segment) yet the solution is relatively simple and does
not need sophisticated planning.
In the special case where substantial water quality degrada-
tion occurs in the area's groundwaters rather than surface waters,
the claim for impairment of desired uses should be based on the extent
of groundwater pollution. This claim should substantiate the severity
of the pollution problem and the current or projected uses of the
groundwater.
10
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WATER QUALITY LIMITED SEGMENTS
The state has analyzed water quality in major streams through-
out 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 examina-
tion of the existing water quality throughout Pane County was pub-
lished by the Council of Governments in January 1974. Based upon
these analyses, the status of water quality for the important streams
in the area proposed for 208 designation is summarized in Table A
and a stream classification and priority ranking is contained.
Priority
Ranking
1
2
3
4
TABLE A —
Stream Segment
George River
RM 0 to 20.7
Mainstream
Wilson
RM 167.5 to 187
Coast Fork
Wilson
RM 0 to 29.7
Middle Fork
Wilson
All
STREAM CLASSIFICATION
Stream
Classification
Water Quality
Limited, Coli-
form, Tempera-
ture
Water Quality
Limited, Coli-
form, Tempera-
ture.
Water Quality
Limited Tempera-
ture.
Water Quality
Limited, Non-
degradation.
Classification
Basis
Specific water
quality problem.
Meet standards
for col i form and
temperature.
Specific water
quality problem.
Meet standards
for col i form and
temperature.
Specific water
quality problem.
Meet standard for
temperature.
Maintain nondegra-
dation of coliform,
temperature and
dissolved oxygen at
present levels.
All streams are classified as Water Quality Limiting because of
specific water quality problems. Where serious water quality problems
are known to exist as a result of point source discharges, biochemical
oxygen demand (BOD) and suspended solids load allocations have been im-
posed to improve water quality through point source control. Where
the existing water quality is good, waste load allocations are based upon
preventing degradation. In these cases the actual in-stream quality is
used as the basis for nondegradation. In addition, stringent effluent
limits have been established for all municipal discharges.
11
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To qualify for area designation based on preservation and pro-
tection of high quality waters, three groups of conditions should be
met:
t 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 degrada-
tion.
• 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 pollution are
so complex that only an areawide approach can effect-
ively consider the demands of water quality.
• 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 parameters
which are at the preservation level.
12
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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 spawn-
ing grounds for many species. A discussion of the tidewater wild-
life 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 re-
source. 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 degrada-
tion, plus initiate the process of correcting the problems within the
water quality segment of the Monroe River.
The 208 process allows for an effective areawide 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
Water 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 of 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 con-
stitute 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 economic 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.
13
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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 dis-
charge their waste into the area's waters present a
substantial pollution problem even after the application
of effluent limitations.
0 The 'growth rate for the entire area is above that of the
national average and results in a high population density
throughout the area, or the area experiences large season-
al population influx and probable population density
which would create major environmental problems.
t The urban runoff problem severely 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.
t Non-point sources of pollution contribute a substantial
part of the area's water quality problem.
14
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MUNICIPAL WASTE
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 Humboldt'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 facil-
ities, generally operated by a school system, country club or mobile
home park, are located throughout the County.
INDUSTRIAL WASTE
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 and approximately 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 proposed
for 208 designation will increase approximately 50% by 1990.
Since the load allocation and treatment requirements are esta-
blished 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 con-
figuration 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 ex-
pected 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 devel-
opment 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. Specifi-
cally, 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.
16 continued...
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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.
NONPOINT 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 agri-
cultural land runoff, forest land wastes, and stream bank erosion,
and Tables F, G, and H respectively summarize the waste loads attri-
buted to these sources. In addition, the 303(E) River Basin Plan
indicates 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 projects that agri-
cultural 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 pounds 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 nonpoint source waste pro-
duction 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 dif-
fuse sources of pollution are controlled and the waste loads from
these sources are decreased.
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i- 'iv, :mm QUALITY FACTORS i» THE^EA (c
s-\ ^ ^ - ' Kv ^SrourJd Water\Ps11 «tlW\
To qualify for area designation based on groundwater pollution,
four condition should be met:
• 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 multi-
plicity 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 ground-
water quality objectives.
Should the major source be a deeper aquifer sealed by an imper-
vious layer from crournv.'uter percolation within the area, pollution
of the surface exposed aquifer would not constitute a substantial
groundwater problem.
18
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IEPIHPIIF
UiMilnlDuUiriLlL
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 development has created groundwater con-
tamination resulting from inadequately treated and untreated sewage
discharges, and from landfill operations in flood plains. A sub-
stantial number of wells are too polluted for continued use.
The deep Clifton Forge aquifer underlies the area adja-
cent 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 recently given the authority to
regulate withdrawals from deep aquifers and studies are necessary
to analyze this resource in terms of depletion rates and pollution
potential.
Groundwater is a large part of the area's potable water
supply. It is known that some wells in different parts of the
region are no longer in use because of pollution 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 — alluvial 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 approx-
imately 362,000 acre feet would top out the annual usage about
1990; its quality must be protected.
In the area, ground and surface waters are closely inter-
related 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 Water Resources
Board, has determined that areawide control of point and nonpoint
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
surh •»$ the protection of existing groundwater uses.)
19
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Eventual implementation of the plan depends upon the consent and
cooperation of the general purpose units of local government in the de-
signated area. It is important for the local elected officials to indi-
cate at the outset that they will join together to develop and implement
a plan which will result in a coordinated waste treatment system for the
area. This can be done by submitting;
i—A. Charter of Existing Waste Treatment Management Agency
If the affected general purpose units of government already have
in operation a coordinated waste management system, that agency's
charter should be submitted.
OR B. Resolution for Areawide Planning and Management
If a coordinated management system is not already established,
local units of government must demonstrate their intent to
support and cooperate in planning and implementation of the
areawide 208 plan. They must also state that all grant pro-
posals for publicly owned treatment facilities will be consist-
ent with the approved plan and will be made only by the
designated management agency.
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 at-
tempt to obtain a resolution is not successful, the Governor must
stipulate that the State will assure compliance with the planning
and management process requirements of Section 208 of the Act.
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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
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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 .
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Information must be submitted to EPA in sufficient detail
to show that the Governor(s) or the chief elected officials of
general purpose local government(s) have sought public advice on
the designation of the planning area and planning agency. The
information submitted to EPA should include a record of public
meeting notices and a summary of comments at these meetings. Actual
notices and meeting records must be kept and made available to the
Administrator upon request.
Public meetings must be held both in those areas where the
Governor intends to designate an areawide planning area and agency,
and in those areas where the chief elected officials request designa-
tion but the Governor does not intend to designate.
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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
following:
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
Committee
Water Resources Advisory
Commi ttee
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
follows:
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).
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A.
B.
C.
Name
Address
Official Contact
EH
MONROE REGIONAL COUNCIL OF GOVERNMENTS
1701 CLINTON AVE., SUITE 522
MONROE, ALABAMA
80210
JOHN DOE, EXECUTIVE DIRECTOR
(208) 552-3708
The information submitted to justify the designation of a
planning agency must certify that the agency:
A. Is a representative organization whose membership
includes elected officials or their designees of
all local units of government in the designated area.
B. Has waste treatment planning jurisdiction for the
entire area.
C. Has established procedures for getting the plan
adopted and for resolving major issues.
D. Has the capacity to have the water quality management
planning process completely underway no later than
one year after designation approval.
E. Has the capacity to complete the initial water quality
plan within 2 years of the operational starting date.
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PROFILE OF THE REGIONAL AGENCY
The Regional Council of Governments was established in 1963.
It is a representative organization whose membership includes a)
elected officials (or their designees) of all local general purpose
governments in State Planning Region 3; and b) 2 representatives
of the Lower Green Valley Water.Pollution Abatement District Authority.
The COG also has an established procedure for public participation
throughout development of all plans.
The COG has all legal authority required for planning through-
out the district. In particular, Section 5(e) of its enabling legisla-
tion (Chapter 106, Article 2, State Revised Statutes, 1963) gives
the COG planning jurisdiction over sewage treatment, sewer lines
and related facilities required to maintain and improve water quality
in the Region. The COG's other planning functions encompass land
use, air, sanitation, solid waste, water supply, open space, parks,
transportation, and community assistance 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 government. The specific pro-
cedure for plan adoption, including a public hearing process, are
outlined in Section 52 of Chapter 106, Article 2. If the governing
bodies specifically adopt a plan prepared by the Regional Council
of Governments, this plan becomes binding within the jurisdiction
of the adopting community.
Since its inception in 1963, the COG has assembled a diversi-
fied and highly qualified staff of planners, administrators and tech-
nicians. Only minor staff expansion would be needed to establish
a full 208 staff. Experience has shown that the COG can channel
its staff resources to produce quality results. At this time, the
COG is well-equipped to have a 208 program in full operation within
one year and to formulate a sound waste treatment plan in two years
of that date.
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Supporting information for the designation of the planning
agency must also indicate:
• 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.
t The relationship (both formal and informal) with manage-
ment 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 infor-
mation should be included:
• The agency's past record in water quality management
planning with special regard to plan quality, technical,
fiscal, political, and economic feasibility and envi-
ronmental 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 re-
sources available for the required planning in light of
existing and proposed commitments in other areas or
activities.
0 The agency's capability for having the plan imple-
mented, citing specific examples upon which such con-
clusions are based including minimum personnel re-
quirements.
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DESIGNATED AGENCY DESCRIPTION
1. 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 control facilities and recommendations
for regulatory measures.
2. RELATIONSHIP WITH OTHER PLANNING AGENCIES
In its role as the arewide planning agency for the Metro-
politan 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 plan-
ning, the Council of Governments regularly receives advice and re-
commendations 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 management
activities in each of.the Council's member jurisdictions. Similarly,
through it's Regional Planning Advisory Committee, advice and re-
commendations are received from the planning agencies of local govern-
ment on wastewater and the entire range of planning activities of
the Council.
3. RELATIONSHIP WITH MANAGEMENT AND REGULATORY AGENCIES
The Council of Governments also maintains working relation-
ships with the various management and regulatory agencies that
possess zoning and subdivision controls, as well as those which con-
struct 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.
4. HISTORY OF WATER QUALITY MANAGEMENT PLANNING
With specific reference to wastewater management planning,
the Regional Council of Governments has a long history of accomplish-
ment 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 exisiting 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.
29
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5. 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 re-
commendations. 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.
6. 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 educa-
tion and experience in economics, urban planning and public administra-
tion. This staff would be increased to add water resources personnel
needed 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 re-
lated matters, particularly in A-95 reviews and wastewater Site
Location Reviews for the State.
7. AGENCY COMMITMENTS
The agency has a long history of comprehensive planning, in-
cluding 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 sus-
taining 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, transportation and water quality
activities can complement one another.
30
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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
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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 (A)
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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(iii) 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
40 CFR Part 130.13
§ 130.13 Designation of nrcuwidc plan-
ning nrcai and agencies.
(a) The Governor (s) shall identify
areawldc planning areas pursuant to sec-
tion 208(a)(2) or (3) of the Act which.
as a result of urban-Industrial concen-
trations or other factors, have substan-
tial water quality control problems. A
substantial water quality control problem
will be deemed to exist when water qual-
ity has been or may be degraded to the
extent that existing or desired desig-
nated water uses are Impaired or pre-
cluded and when the water quality con-
trol problem Is complex.
(NOTE: In approving such designations of
areawlde planning areas, the Administrator
will give preference to areas of urbnu-lndus-
trlol concentration.)
(b) The Governor(s) shall, after con-
sultation with appropriate elected and
other officials of local governments hav-
ing jurisdiction in those areas Identified
In accordance with 5 130.13(a). designate
areawlde planning areas provided that:
(1) The affected general purpose or
other appropriate units of local govern-
ment within the boundaries of the area-
wide planning area have in operation a
coordinated waste treatment manage-
ment system, or show their Intent,
through a demonstrated effort to obtain
and submit resolutions of intent from
those governmental units believed to be
critical in the planning and implemen-
tation of the areawlde 208 plan.
(Nors: In those coses where It Is not pos-
sible to obtain the necessary resolutions of
Intent, the Governor, In the designation
process, must stipulate that the authorities
of the State will be used to assure adequate
compliance with the planning and manage-
ment process requirements of section 208
of the Act.)
(2) The affected units of local gov-
ment have legal authority to enter into
agreements for coordinated wastewater
management in compliance with section
208 of the Act.
(3) The water quality problem for the
area is not associated with a water pol-
lution control problem for which the
State has pre-empted areawide planning
pursuant to section 208 (b) (4) of the Act.
(c) The Governor(s) shall designate
a single representative organization ca-
pable of developing effective areawlde
plans in accordance with section 208 of
the Act for each area.designated pursu-
ant to § 130.13(b). Each areawide plan-
ning agency shall:
(1) Be a representative organization
whose membership shall include, but
need not be limited to, elected officials
of local governments or their designees
having jurisdiction In the designated
areawide planning area;
(2) Have waste treatment planning
jurisdiction in the entire designated
areawide planning area:
(3) Have the capability to have the
water quality management planning
process fully underway no later than one
year after approval of the designation:
(4) Have the capability to complete
the initial water quality management
plan no later than two years after the
planning process is in operation; and
(5) Have established procedures for
adoption, review, and revision of plans
and resolution of major issues. Including
procedures for public participation In the
planning process.
(d) The procedures for designating
nrcawldc planning areas and agencies
shall be as follows:
(1) Within 60 days after these regula-
tions become effective, the Governor
shall:
(1) After communication with chief
elected officials of local or regional gen-
eral purpose units of government in areas
not yet designated, identify areas and
agencies which he determines to be eligi-
ble for designation pursuant to § 130.13
(b) and (c).
(1) (1) and
request their comments and recommen-
dations.
(2) In areas where the chief elected
officials feel that the Governor acted In-
appropriately in his determination of eli-
gible areas and agencies pursuant to
§ !30.13(dMl) (1), such officials may peti-
tion the Governor for reconsideration of
his determination.
(3) Within 150 days after these regu-
lations become effective and after con-
sideration of recommendations of chief
elected officials of local or regional gen-
eral purpose units of government, the
Governor shall:
(1) Hold public meetings or hearings
In those areas where he intends to desig-
nate an areawide planning- area and
agency.
(11) Hold public meetings or hearings
in those areas where chief elected officials
request designation, but the Governor
does not intend to designate.
(lit) Submit his final determination on
designations to be made to the Regional
Administrator. A record of the public
meetings or hearings pursuant to § 130.13
(d>(3) (P and (il) shall be made avail-
able to the Regional Administrator and
the public on request.
B-l
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(Note: The Governor mny allow self-desig-
nation by chief elected officials of locnl or
regional general purpose units of government
pursuant to section 2081 a) (4) of the Act. In
those cases where the Governor allows a self-
designation, the chief elected officials shall
submit the request for designation to the Re-
gional Administrator pursuant to 5 130.13
(e) or (f).)
(4) The designation procedures set
forth In 8 130.13(d) (1), (2). and (3) may
be waived by the Regional Administrator
where he determines that the initial des-
ignation process required pursuant to
section 208
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RULES AND REGULATIONS
APPENDIX C
40 CFR Part 130 and 131
POLICIES AND PROCEDURES FOR CONTINUING
PLANNING PROCESS
PREPARATION OF WATER QUALITY MANAGEMENT
PLANS
SUnCHAPTCR D—POLICIES AND PROCEDURES
FOR STATE CONTINUING PLANNING PROCESS
(FRL461-4|
PART 130— POLICIES AND PROCEDURES
FOR CONTINUING PLANNING PROCESS
Policies and Procedures for the State
Continuing Planning Process
On July 16,1975, notice was published
In the FEDERAL REGISTER, 40 FR 29882,
that the Environmental Protection
Agency was proposing to amend the poli-
cies and procedures tor the State con-
tinuing planning process (40 CFR Part
130) pursuant to sections 208 and 303 (e)
of the Federal Water Pollution Control
Act Amendments of 1972. Pub. L. 92-500,
86 Stat. 816 (1972): (33 U.S.C. 1251 et
seq.) (hereinafter referred to as the Act).
On September 8,1975. notice was pub-
lished In the FEDERAL REGISTER, 40 FR
41649. that the Environmental Protection
Agency was proposing to amend the reg-
ulations (40 CFR Part 126) which de-
scribes the policies and procedures for
designating areas and agencies In ac-
cordance with section 208 (a) (2), (3), or
(4) of the Act. The designation regula-
tions have now been Incorporated Into
40 CFR Part 130. Part 131 of this Chap-
ter has also been amended. The amend-
FEDERAl REGISTER, VOL 40, NO. 130—FftfOAr, NOVEMBER 26, 1973
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RULES AND REGULATIONS
55335
merits are in accordance with a Court
Order issued by Judge John Lewis Smith,
Jr., in Natural Resources Defense Coun-
cil et al. v. Train, et al., B.C. D.C. Civ.
Act. No. 74-1485. which stipulates that
Section 208 planning must be conducted
by the States in all areas that are not
designated in accordance with section
208(a) (2) through (4) of the Act.
Sections 303(e) and 208 of the Act re-
quire State and designated areawide
planning agencies to submit a continuing
planning process which is consistent with
the Act. The continuing planning process
directs the development of water quality
management plans and implementing
programs prepared pursuant to sections
208 and 303(e) of the Act and Part 131
of this Chapter (Preparation of Water
Quality Management Plans). All States
have a continuing planning process
which has been approved previously by
EPA; these amended regulations, how-
ever, will necessitate revision of the
States continuing planning process.
The amendments to 40 CFR Parts 130
and 131. are specifically designed to in-
corporate section 208 requirements for
both State and designated areawide
planning agencies Into a single set of
regulations that describes the policies
and procedures for such planning. Reg-
ulations under 40 CFR Part 35. Subpart
A describe the procedures for providing
grants to both State and areawide plan-
ning agencies for the conduct of section
208 planning. This consolidation of the
requirements of section 208 for area-
wide planning agencies and sections
303
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5533G
RULES AND REGULATIONS
fllct with the plan. Recognizing that
other determinations outside the plan-
ning process by EPA and/or the States
could lead to Inconsistencies with ap-
proved plans, the final regulations clarify
how such determinations are to be dealt
with In revising the plans.
3. Designation Procedures for Area-
wide Planning Areas and Agencies.
Many comments Indicated that the
proposed procedures were unclear as to
whether the Governor made the final
decisions on designations or whether the
chief elected officials could override the
Governor's decision. In addition, many
comments also indicated that the pro-
posed regulations put an undue burden
on States that have already designated
the eligible areas and agencies within
their States by requiring them to reopen
the designation process.
The designation procedures have now
been clarified to Indicate that the Gov-
ernor makes the final designation deci-
sions. However, the chief elected officials
are given the opportunity to fully par-
ticipate In the Governor's decision. In
addition, the designation procedures
have been revised to provide for a waiver
for those States where the Regional Ad-
ministrator determines that the initial
designation process resulted in the des-
ignation of all eligible areas and agcnclea
within the State.
4. Lack of Adequate Manpower and
Funding.
Concern was raised regarding the lack
of adequate manpower and funding
needed for the State and areawlde plan-
ning agencies to conduct 208 planning.
The final regulations recognize that the
ability to conduct this planning in the
nonpoint source area will be dependent
upon the availability of additional re-
sources. Thus, these regulations have
been amended to allow flexibility for the
States In reorienting their water quality
management programs. The State/EPA
agreement on timing and level of detail
and the areawide planning agency work
plan are to be used as the mechanisms to
Identify the specific planning to be con-
ducted by agreement with the EPA Re-
gional Administrator. The timing of plan
preparation, however, Is constrained by
the November 1. 1978 deadline. Thus, the
States and areawide planning agencies.
are required to tailor their individual
planning processes to fit the specific
planning constraints facing the agency
as well as the specific water quality
problems to be solved.
5. Water Quality Stnndards Revisions/
Antldegradatlon.
State and areawide planning agencies
have been concerned throughout the de-
velopment of these regulations that EPA
has not adequately addressed the issue of
revisions to water quality standards and
development of a Statewide policy on an-
tldegrndatlon. These regulations set
forth clearly EPA's policy regarding the
role of water quality standards In
achieving the goals of the Act and the
Agency's antldegradation position.
EPA strongly supports the establish-
ment of water quality standards which
will support the protection 'and propaga-
tion of fish, shellfish and wildlife and
recreation in and on the water. In fur-
therance of this objective, EPA believes
tlint water quality standards should be
established at levels consistent with the
national water quality goal of section
101 (a) (2) of the Act for every stream
segment wherever those levels are attain-
able. The guidance to the States In these
regulations regarding revisions of their
water quality standards Is based on this
general principle. While standards at
these levels may not be attainable now
for some stream segments, EPA expects
the State to continue to review their
standards and upgrade them to the na-
tional water quality goal whenever such
standards become attainable.
EPA Regional Administrators will re-
view the actions of the States regarding
.these revisions and will, when appropri-
ate, request additional Information from
the States to evaluate the basis for estab-
lishing standards at levels less stringent
than the national water quality goal.
These regulations further provide that
existing water uses shall be maintained,
and where existing water quality stand-
ards do not specify and protect the exist-
ing uses, that the State shall upgrade
its standards to achieve such specifica-
tion and protection of these uses. These
regulations nlso provide that designated
uses in existing water quality stand-
ards shall be maintained and that the
existing standards shall not be down-
graded to designate and protect less re-
strictive uses unless one or more of the
criteria listed in § 130.17(c) (3) are met.
It should also be emphasized that in
addition to the water quality standards
established by the States, EPA's commit-
ment to achieving the national water
quality goal will also be implemented
through the application of section 302 of
the Act. That provision allows the Ad-
ministrator to establish effluent limita-
tions for point sources more stringent
than the technology-based limitations
mandated for 1983 when.a greater reduc-
tion in discharges Is necessary to achieve
the national water quality goal for a par-
ticular stream segment. The statute al-
lows a discharger to request adjustments
of such limitations if the discharger
demonstrates that there Is no reasonable
relationship between the economic and
social costs and the benefits to be ob-
tained. EPA Is convinced, however, that
the adoption of stringent water quality
standards, supplemented with appropri-
ate use of Section 302 limitation.1; will
make the achievement of the national
water quality goal a reasonable prospect.
The Agency's antidegradation policy Is
the same in many respects as the policy
that EPA and Its predecessor Agency
have encouraged the States to adopt In
the past. The policy provides for protec-
tion of existing instream water uses and.
for water whose quality exceeds the na-
tional water quality goals, prohibits deg-
radation except to allow necessary and
justifiable economic and social develop-
ment. In no event may degradation of
water quality interfere with or become
injurious to existing instream water uses.
The effect of Including antldegradation
requirements In these regulations Is to
require the States to review their cur-
rent antldegradation policies and to es-
tablish a mechanism. Including a public
process', for Implementing the State anti-
degradation policies.
As discussed above, these regulations
are Issued in response to an Order of the
District Court for the District of Colum-
bia, and contain a provision for plan sub*
mission no later than November 1, 1978,
as required by the Order of the Court.
Given the limited amount of time for
the plans to be completed, and the conse-
quent need for both State and areawide
agencies to move forward quickly to ad-
just their planning processes to these
regulations, good cause is hereby found
for making these regulations effective
upon publication.
In consideration of the foregoing, 40
CFR is hereby amended by deleting the
existing parts 126 and 130 by adding
a new Part 130 to read as follows.
Dated: November 21,1975.
RUSSELL E. TRAIN,
Administrator.
Subpart A—Scope and Purpose; Definitions
Sec.
130.1 Scope and purpose.
130.2 Definitions.
Subpart 8—General Requirement*
130.10 Planning process requirements.
130.11 Agreement on level of detail and
timing of State water quality man-
agement plan preparation.
130.12 Designation of State planning
agency.
130.13 Designation of nreawlda planning
areas and agencies.
130.14 Delegation of planning responsibili-
ties. v
130.16 Designation of management agencies.
130.10 Intergovernmental cooperation and
coordination/
130.17 Water quality standards.
Subpart C—Requirements for State Strategy
130.20 State strategy, contents and sub-
mission.
Subpart D—Relationship of Planning Process
and Other Programs
130.30 Relationship to monitoring and sur-
veillance program.
130.31 Relationship to municipal facilities
program.
130.33 Relationship to National Pollutant
Discharge Elimination System.
130.33 Relationship of State and designated
areawide planning programs.
130.34 Relationship to other local. Stato.
nnd Federal planning programs.
130.35 Planning requirements for Federal
properties, facilities or activities.
Subpart E—State Planning Process Adoption,
•Approval and Revisions Procedures: Separa-
bility
130.40 Adoption nnd submission of State
process description.
130.41 Review and approval or disapproval
of State process.
130.43 Withdrawal of approval of State
process.
130.43 Review and revision of State process.
130.44 Separability.
AUTHORITY: Sees. 100, 208. 303(d). 303(e).
305(b). 314. 601, 616(b) of the Federal Water
Pollution Control Act. as amended; Pub. L.
FCDERAl REGISTER, VOl. 40, NO. 230—FRIDAY, NOVEMBER 28. 1975
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RULES AND REGULATIONS
55337
83-600, 86 SUt. 818 (1972); (33 UB.C. 1261
et»eq.).
Subpart A—Scope and Purpose;
Definitions
§ 130.1 Scope and purpose.
(a) This part establishes regulations
specifying policies, procedures, and other
requirements for the continuing plan-
ning process for the State pursuant to
sections 208 and 303(e) of the Act and
for designated areawide agencies pur-
suant to section 208(b) of the Act. The
regulations established In this part and
In Part 131 of this Chapter define and
Implement the requirements for State
and areawide planning and Implementa-
tion pursuant to section 208 of the Act
and for carrying out other provisions of
the Act. These regulations apply to State
and designated areawide planning agen-
cies that are responsible for planning
pursuant to section 208 and 303(e) of the
Act.
(b) The Intent of this part Is to unify
and Integrate the State and areawide
water quality management planning and
Implementation requirements of section
208 and other provisions of the Act.
(c) The broad goals of the continuing
planning process are to assure that nec-
essary Institutional arrangements and
management programs are established to
make and Implement coordinated deci-
sions designed to achieve water
quality goals and standards; to develop a
Statewide (State and areawide) water
quality assessment, and to establish
water quality goals and State water
quality standards which take into ac-
count overall State and local policies and
programs, Including those for manage-
ment of land and other natural re-
sources; and to develop the strategic
guidance for preparing the annual State
program plan required under section 106
of the Act.
(d) The "continuing planning process"
Is a time-phased process by which the
State, working cooperatively with desig-
nated areawide planning agencies:
(1) Develops a water quality manage-
ment decision-making process involving
elected officials of State and local units
of government and representatives of
State and local executive departments
that conduct activities related to water
quality management.
(2) Establishes an Intergovernmental
process which provides for water quality
management decisions to be made on
an areawide or local basis and for the
Incorporation of such decisions • into n
comprehensive and cohesive Statewide
program. Through this process. State
regulatory programs and activities will
be Incorporated Into the areawide water
quality management decision process.
(3) Develops a broad based public
participation aimed at both informing
and Involving the public In the water
quality management program.
(4) Prepares and implements water
quality management plans, which iden-
tify water quality goals and established
State water quality standards, define
specific programs, priorities and targets
for preventing and controlling water pol-
lution in individual approved planning
areas and establish policies which guide
decision-making over at least a twenty-
year span of time (in Increments of five
years).
(5) Based on the results of. the State-
wide (State and areawide) planning
process, develops the State strategy, to
be updated annually, which sets the
State's major objectives, approach, and.
priorities for preventing and controlling
pollution over a five-year period.
(6) Translates the State strategy
Into the annual State program plan (re-
quired under section 106 of the Act),
which establishes the program objec-
tives. Identifies the resources committed
for the State program each year, and
provides a mechanism for reporting
progress toward achievement of program
objectives.
(7) Periodically reviews and revises
water quality standards as required un-
der section 303 (c) of the Act.
§ 130.2 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, as
amended; Pub. L. 92-500, 86 Stat. 816
(1972); (33 U.S.C. 1251 et seq.).
(b) The term "EPA" means the
Urjited States Environmental Protection
Agency..
(c) The term "Administrator" means
the Administrator of the Environmental
Protection Agency.
(d) The term "Regional Administra-
tor" means the appropriate EPA Re-
gional Administrator.
(e) The term "continuine planning
process" means the continuing planning
process, including any revision thereto,
required by sections 208 and 303 (e) of
the Act for State agencies and section
208(b) of the Act for designated area-
wide agencies.
(f) The term "water quality manage-
ment plan" means the plan for manag-
ing the water quality, including consid-
eration of the relationship of water
quality to land and water resources and
uses, on an areawide basis, for each
EPA/State approved planning area and
for those areas designated pursuant to
section 208a (2), (3), or (4) of the Act
within a State. Preparation, adoption,
and implementation of water quality
management plans in accordance with
regulations under this part and Part 131
of this Chapter shall constitute compli-
ance with State responsibilities under
sections 208 and 30?(e) of the Act and
areawide responsibilities under section
208 of the Act.
(g) The term "State planning area"
means that area of the State that Is not
designated pursuant to section 208(a)
(2). (3), or (4) of the Act. State plan-
ning areas are to be Identified In the
plannlnc process description that is sub-
mitted by the State for approval by the
Regional Administrator. Depending
upon the requirement being considered.
the State planning area may be subdi-
vided Into "approved planning areas"
that may Include the entire State or por-
tions of the State defined by hydrologlc,
political, or other boundaries.
(h) The term "designated areawide
planning area" means all areas desig-
nated pursuant to section 208(a) (2),
(3), or (4) of the Act and 5 130.13.
(1) The term "State planning agency"
means that State agency designated pur-
suant to section 208(a) (6) of the Act
and § 130.12(a).
(J) The term- "designated areawide
planning agency" means that agency
designated in accordance with section
208(a) (2), (3), or (4) of the Act.
(k) The term "effluent limitation"
means any restriction established by a
State or the Administrator on quantities,
rates, and concentrations of chemical,
physical, biological, and other constitu-
ents which are discharged from point
sources into navigable water, waters of
the contiguous zone, or the oceans.
(1) The term "schedule of compliance"
means in reference to point and non-
point sources of pollutants, a sequence of
actions or operations leading to compli-
ance with applicable effluent limitations,
other limitations, prohibitions, practices,
or standards which are contained In a
National Pollutant Discharge Elimina-
tion System permit or in a State permit
or other regulatory program which Is
legally binding on the owner or operator
of the source.
(m) The term "target abatement
dates" means:
(1) For point sources, a sequence of
actions or control measures which have
not yet been formally adopted through
the permit process.
(2) For nonpoint sources, a sequence
of remedial measures, actions, or op-
erations which have not been formally
adopted through implementation of
management or regulatory programs
established pursuant to approved State
water qualltv management plans, or por-
tions thereof.
(n) The term "National Pollutant
Discharge Elimination System" means
the national permitting svstem author-
ized under section 402 of the Act, in-
cluding any State permit program which
has been approved bv the Administrator
pursuant to section 402 of the Act.
(o) The term "segment".means .1 por-
tion of an approved planning area, the
surface waters of which have common
hydrologic characteristics (or flow reg-
ulation patterns'); common natural
physical, chemical and biological char-
acteristics and processes; and common
reactions to external stresses, such as the
discharge of pollutants. Segments will be
classified as either a water quality seg-
ment or an effluent limitation segment as
follows:
(1) Water quality segment. Any seg-
ment where it is known that water
quality does not meet applicable water
quality standards and/or is not expected
to meet applicable water quality stand-
ards even after the application of the
effluent limitations required by sections
FC-DERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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55338
RULES AND REGULATIONS
301Cb)(l)(B) and 301(b)(2)(A) of the
Act.
(2) Effluent limitation segment. Any
segment where it is known that water
quality Is meeting and will continue to
meet applicable water quality standards
or where there is adequate demonstra-
tion that water quality will meet appli-
cable water quality standards after the
application of the effluent llmitr.tlons re-
quired by sections 301(b) (1) (B) and 301
(b)(2)(A) of the Act
(p) The term "significant discharge"
means any point source discharge for
which timely management action must
be taken in order to. meet the water
quality objectives within the period of
the operative water quality management
plan. The significant nature of the dis-
charge is to be determined by the State,
but must Include any discharge which is
causing or will cause water quality prob-
lems.
(q) The term "Best Management
Practices" (BMP) means a practice, or
combination of practices, that Is deter-
mined by a State (or designated area-
wide planning agency) after problem as-
sessment, examination of alternative
practices, and appropriate public partici-
pation to be the most effective, practi-
cable (including technological, economic.
and Institutional considerations) means
of preventing or reducing the amount of
pollution generated by nonpoint sources
to a level compatible with water quality
goals.
(r) The term "residual wastes" means
those solid, liquid, or sludge substances
from man's activities in the urban, agri-
cultural, mining and industrial environ-
ment remaining after collection and
necessary treatment.
(s) The definitions of the terms con-
tained In Section 502 of the Act shall be
applicable to such terms as used in this
part unless the context otherwise re-
quires.
Subpart B—General Requirements
§130.10 Planning process requirements.
(a) The State and designated area-
wide planning agencies shall establish
a planning process which provides for
the establishment of necessary institu-
tional arrangements and management
programs to make and implement coor-
dinated decisions designed to achieve
water quality goals and standards. The
planning process shall Include:
(1) Public participation during plan
development, review, and adoption in ac-
cordance with section 101 (e) of the Act
and In accordance with Part 105 of this
Chapter;
(2) Adequate intergovernmental input
in the development and implementation
of water quality management plans as
described In § 130.17:
(3) The coordination and integration
of the water quality management plan-
ning in State planning areas and In des-
ignated areawide planning areas as de-
scribed in 5 130.33, and coordination of
water quality management planning
with related Federal, State, Interstate,
and local comprehensive, functional, and
other developmental planning activities,
including land use and other natural re-
sources planning activities, as described
in 5 130.34;
(4) The preparation, adoption, and re-
vision, of water quality management
plans for the appropriate areas and
waters within the State that fulfill the
requirements contained In Part 131 of
this Chapter;
(5) The establishment and implemen-
tation of regulatory programs identified
in approved water quality management
plans prepared pursuant to Part 131 of
this Chapter:
(b) In addition to the requirements of
§130.10(a), the State agency planning
process shall provide for the following:
(1) The development, review and
adoption of water quality standards in
accordance with § 130.17(a) and with
section 303(c) (1) and (2) of the Act;
(2) The development, adoption and
implementation of a Statewide policy on
antldegradation, consistent with the cri-
teria identified in § 130.17(d);
(3) The review, and certification of
plans (or designated areawide planning
areas as required pursuant to § 130.33;
and
(4) The annual preparation of the
State strategy as described in Subpart C
of this part.
(c) The description of the State plan-
ning process that is to be submitted by
the Governor pursuant to § 130.40(b)
shall contain, as a minimum, the fol-
lowing:
(1) A description of how each of the
requirements specified in § 130.10 (a)
and (b> will be achieved.
(2) A 11sting (s) and a map(s) of the
State showing proposed State planning
areas in which planning is to be con-
ducted by the State pursuant to this part
and Part 131 of this Chapter and a list-
lng(s) and a map(s) showing those area-
wide planning areas that have been des-
ignated or are expected to be designated
(including a timetable for designation)
under section 208(a) (2), (3), or (4) of
the Act in which planning Is to be con-
ducted by areawide planning agencies
pursuant to S 130.13.
(3) A listing(s) and map(s) of the
State showing each segment and its clas-
sification.
(4) A State/EPA agreement on the
level of detail and the schedule for prep-
aration of State water quality manage-
ment plans as described in 8 130.11.
(5) A schedule for review and revision.
where necessary, of water quality stand-
ards' and for development and adoption
of a Statewide policy on antidegradatlon,
together with a schedule of milestones
which includes proposed dates for public
hearings 011 the revisions and antideg-
radation policy. The schedule shall pro-
vide that the water quality standards
and the an-tidegradation policy will be
reviewed and revised in ample time to
be used as a basis for 1977-1983 manage-
ment and regulatory decisions.
(6) The identification of the State
planning agency designated pursuant to
§ 130.12(a).
(7) A ilsting of the areawide planning
agencies that have been designated by
the Governor or the Identification of
areawide planning agencies that will be
designated by the Governor (including a
timetable for designation) to perform
planning in areawide planning areas
designated pursuant to section 208 (a) (2)
or (3) of the Act and 5 130.13(b).
(8) A description of the State's man-
agement program to oversee water qual-
ity management planning conducted by
designated areawide planning agencies,
including the monitoring of progress and
accomplishment of key milestones speci-
fied in the areawide planning agency's
work plans, and to otherwise assure
timely and meaningful State involve-
ment in the areawide planning process.
(9) A listing of the delegations made
pursuant to § 130.14(a) to the agency or
agencies that will perform the planning
under tills part and Part 131 of this
Chapter.
(10) A listing of proposed represent-
atives on the policy advisory commit-
tee's) established in accordance with
§ 130.l6(c) for each approved planning
area.
(IP A statement that legal authori-
ties required at the local and/or State
levels to prepare, adopt, and implement
State water quality management plans
as required by the planning process exist
or will be sought.
§130.11 Agreement on level of delnil
unit (inline of Stale water quality
iimniipcnicnl plun preparation.
(a) The appropriate level of detail
and timing of State water quality man-
agement plan preparation for each pro-
posed State planning area will depend
on the water quality problems of the area
and the water quality decisions to be
made, and shall be established by agree-
ment between the State and the Regional
Administrator, after appropriate public
participation pursuant to § 130.40.
(b) The agreement shall include an
indication of those proposed State plan-
ning areas, or portions thereof, wherein
the State, with supporting data, certifies
that particular water quality and/or
source control problems do not exist or
are not likely to develop within the time-
frame of the plan and, therefore that
certain types of planning and Implemen-
tation will not be undertaken.
(c) The agreement shall provide a
sequence for phasing of planning at the
appropriate level of detail and in suffi-
cient time to meet the 1983 national
water quality goal specified in section
101(a) (2) of the Act, consistent with the
provisions of 5 130.17. The agreement
should assure the orderly integration of
applicable past and present planning
efforts (Including designated areawide
planning) with the planning efforts and
needs established in this part and Part
131 of this Chapter. The agreement shall
define the State's priorities for the de-
velopment of State water quality man-
agement plans, or portions thereof, pur-
suant to the process and shall be con-
sistent with projected planning re-
sources : provided that initial State and
FEDERAL REGISTER, VOl. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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RULES AND REGULATION?
55339
areawldc water quality management
plans shall be completed, adopted, cer-
tified, and submitted to the Regional
Administrator In accordance with
{ 130.20 no later than November 1, 1978.
§ 130.12 Designation of State pfenning
agency.
(a) The Governor shall designate. In
accordance with § 130.10(c) (6). a State
planning agency to be responsible for the
conduct and coordination of the required
planning under this part and Part 131
of this Chapter.
and Ui> shall be made avail-
able to the Regional Administrator and
the public on request.
(NOTE: The Governor may allow self-desig-
nation b; chief elected officials of local or
regional general purpose units of government
pursuant to section 20S(a)(4) of the Act. In
those cases where the Governor allows a self-
designation, the chief elected officials shall
submit the request for designation to the Re-
gional Administrator pursuant to i 130.13
(e) or (f).)
(4) The designation procedures set
forth in § 130.13(d) (1), (2). and (3) may
be waived by the Regional Administrator
where he determines that the initial des-
ignation process required pursuant to
section 208(a) of the Act resulted In the
designation of all areas and agencies in
the State that meet the criteria set forth
In § 130.13 (b) and (c).
(5) The Identification and designation
of interstate areas shall be In accord-
ance with the provisions of § 130.13 (a)
through (d) provided, however, that ap-
propriate Interstate agencies shall be
consulted, and the designation shall be
the joint action of the Governors of all
the affected States.
(e) Within 150 days after these regu-
lations become effective, for each area-
wide planning area and agency to be
designated during PY 1976, the Gover-
nor shall provide the following Informa-
tion to the Regional Administrator:
(1) An exact description of the bound-
aries of each area Including a statement
relating the. boundaries of any area to the
boundaries of the SMSA(s) contained
within or contiguous to the area or. for
those areas not within a SMSA, a state-
ment relating the boundaries of the area
to the nearest SMSA, and a statement
Indicating:
(i) Population of the area;
(il) Nature of the concentration ond
distribution of industrial activity in the
area:
(iii) Degree to which it Is anticipated
that the area could improve its ability
to control water quality problems were
it designated as an areawide planning
area; and
(IV) Factors responsible for designa-
tion of the areawide plc.nning area .as
described in 5 130.13(a).
(2) Identification and supporting
analysis of each water quality segment
Included in each area, as Identified pur-
suant to 5 130.10(c)<3).
(3) For each area a copy of the char-
ter of existing regional waste treatment
management agencies or formally
adopted resolutions. If available, 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
management system for the area. The
resolutions shall also state that all ap-
plications 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 man-
agement agency.
(4) For each area, the name, address,
and official contact for the agency desig-
nated to carry out the planning.
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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55310
RULES AND REGULATIONS
(5) A statement on the factors con-
sidered In agency designation as de-
scribed In 9 130.13 (c).
(6) A summary of public participation
In accordance with the requirements set
forth In Part 105 of this Chapter.
(f) For areawlde planning areas and
agencies to be designated after FY 1976,
the Information received by 9 130.13 (e)
shall be submitted at a later date to be
. established by the Administrator.
(g) The Regional Administrator and
the Administrator shall review each sub-
mission pursuant to § 130.13 (e) and (f >
to determine compliance with the Act
apd the criteria set forth in § 130.13 (a)
through (d).
(h) Upon completion of his review, the
Administrator shall publish notice in the
FEDERAL REGISTER and shall notify In
writing the appropriate Govemor(s) of
his approval. The effective date of desig-
nation Is the date of the Administrator's
approval of each designation. In the
event that the Administrator disap-
proves any of the designations, he shall
specify his reasons with his notice of
disapproval.
(1) The appropriate Governor(s) may
from time to time designate additional
areawide planning areas and agencies.
In such cases, approval of the designa-
tion shall be at the discretion of the Ad-
ministrator, taking into account its con-
sistency with the State continuing plan-
ning process. The Administrator will also
take Into account the ability of any such
designated areawlde planning agency to
develop and submit the areawide plan no
later than November 1. 1978.
§ 130.14 Delegation of planning respon-
sibilities.
(a) The State planning txgency desig-
nated pursuant to 9 130.12(a) may dele-
gate responsibility, with the approval of
the Regional Administrator, to other
State, Federal, local, or Interstate agen-
cies for the conduct, where appropriate,
of any portion of the State's required
water quality management planning un-
der tills part and Part 131 of this
Chapter.
(NOTE: The States are encouraged particu-
larly to delegate water quality management
planning responsibilities to Federal agencies
where those agencies express a willingness to
accept delegation of State planning respon-
sibilities and possess adequate capability and
resources to undertake such planning.)
(b) Locally elected officials of major
general purpose units of government,
and other pertinent local and areawide
organizations within the jurisdiction of
a proposed local or Interstate planning
agency, shall be consulted prior to any
delegation of planning responsibility to
an agency made pursuant to 1130.14
(a).
(c) Each delegation of planning re-
sponsibility to an agency made pursuant
to § 130.14(a) of this section shall in-
clude:
(1) The agency's name, address, and
name of the director; and
(2) The agency's Jurisdiction (geo-
graphical coverage and extent of plan-
ning responsibilities).
(d) In the event that responsibility
for preparation of a portion of a State
water quality management plan Is' dele-
gated pursuant to 9130.14 (a) to an agen-
cy other than the State water pollution
control agency, evidence from such other
agency shall be supplied which shows ac-
ceptance of such delegation of planning
responsibility and the agency's capa-
bility and intent to comply with the time
schedules set forth In the planning proc-
ess and to develop a plan, or portion
thereof, consistent with the laws of the
respective State, the requirements of this
part, Part 131 of this Chapter, and the
Act.
(e) The State planning- agency may'
make additional delegations, as set forth
in this section, from time to time. Such
delegations shall be accomplished by re-
vising the planning process as provided
in § 130.43.
§ 130.15 UoMpmilioii of management
agencies.
(a) Upon completion and submission
of a water quality management plan, the
Governor shall designate Federal, State,
interstate, regional, or local agency (ies)
appropriate to carry out each of the pro-
vision(s) of the water quality manage-
ment plants).
(b) In the event the State or desig-
nated areawide planning agency deter-
mines that cooperation from a Federal
agency (Ies) is required to carry out cer-
tain provisions of the plan, the State or
designated areawide planning agency
shall Identify such Federal agency and
seek cooperation in accordance with
§ 130.35.
(c) The Governor may designate a
specific agency (Ies) to begin Implement-
ing an approved portion(s) of the water
quality management plan(s) prior to
completion of the plan(s).
'(d) The Regional Administrator shall
accept and approve all designated man-
agement agency (Ies) unless, within 120
days of a designation, he finds that, the
agency(ies) does not have adequate au-
thority, including the requirement that
statutory and regulatory provisions re-
quired to Implement the plan be adopted
by the date of plan approval by the Re-
gional Administrator, and capability, as
required In § 131.11(0) (2) of this Chap-
ter, to accomplish its assigned responsi-
bilities under the plan. The Regional Ad-
ministrator shall approve, conditionally
approve or disapprove such management
agency designations in accordance with
the same procedures to be used in ap-
proving water quality management plans
(see § 131.21 of this Chapter).
(e) The Regional Administrator may
withdraw his approval made pursuant
to § 130.15(d) In the event that a desig-
nated management agency (ies) falls to
implement the provision (s) of an ap-
proved water quality management plan
for which the agency (Ies) is assigned
responsibility.
§ 130.16 Iiilercovcriimeiitul cooperation
niicl coordination.
(a) The process shall assure that ade-
quate and appropriate areawlde and
local planning results will be included
in the development and implementation
of water quality management plans for
the State.
(b) Local governments within the
State are to be encouraged to utilize
existing, or develop, appropriate Institu-
tional or other arrangements with local
governments in the same State in the
development and implementation of
water quality management plans, or por-
tions thereof.
(c) The State shall provide a mecha-
nism for meaningful and significant re-
sults from local, State, Interstate, and
Federal units of government. As an ele-
ment of this mechanism, a policy advi-
sory committee (s) shall be established
to advise the responsible planning or Im-
plementing agency during the develop-
ment and implementation of the plan on
broad policy matters, including the
fiscal, economic, and social Impacts of
the plan. Use of existing policy advisory
committees is encouraged; however as a
minimum, this policy advisory commit-
tee shall include a majority membership
of representatives of chief elected offi-
cials of local units of government.
(NOTE: The Regional Administrator may.
at the request of a Scale, agree to a lesser
percentage of representation on the policy
advisory committee from chief elected offi-
cials of local units of government provided
there Is no substantial disagreement with
such a request from the affected local juris-
dictions. Any proposal for lesser representa-
tion should consider the elements of plan-
ning that arc being conducted and the tradi-
tional local role or Interest lu the activities
covered by the planning.)
(d) The policy advisory committee for
designated areawide planning areas shall
include representatives of the State and
public and may include representatives
of the U.S. Departments of Agriculture,
Army, and the Interior, and such other
Federal and local agencies as may be
appropriate in the opinion of EPA, the
State(s), and the designated areawide
planning agency.
(e) The State shall provide for Inter-
state cooperation (and where necessary,
in conjunction with and under the direc-
tion of appropriate Federal agencies
should provide for international coop-
eration) whenever a plan Involves the
Interests of more than one State. When
a water quality management plan or
portion of a plan is under development
or is being Implemented in the State for
an area affecting or affected by waters
of one or more other States, the State
shall cooperate and coordinate with each
such other State In the development and
implementation of the water quality
management plan pertinent to such area.
EPA will provide assistance, upon re-
quest, to assure the appropriate coop-
eration and coordination between other
States and Federal agencies.
§ 130.17 Wnlcr qunlity gtnndurcK
(a) The State shall hold public hear-
ings for the purpose of reviewing water
quality standards and shall adopt re-
visions to water quality standards, as ap-
propriate, at least once every three years
and submit such revisions to the appro-
FEDERAl REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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RULES AND REGULATIONS
55341
prlate Regional Administrator pursuant
to section 303 (c) of the Act.
The water quality standards of the
State shall:
(1) Protect the public health or wel-
fare, enhance the quality of water and
serve the purposes of the Act;
(2) Specify appropriate water uses to
be achieved and protected, taking Into
consideration the use and value of water
for public water supplies, propagation of
flsh, shellfish, and wildlife, recreation
purposes, and agricultural, Industrial,
and other purposes, and also taking Into
consideration their use and value for
navigation; and
(3) Specify appropriate water quality
criteria necessary to support those water
uses designated pursuant to 5 130.17(b)
(2).
(c) In reviewing and revising Its water
quality standards pursuant to § 130.17
(a), the State shall adhere the following
principles:
(1) The State shall establish water
quality standards which will result in the
achievement of the national water qual-
ity goal specified In section 101 (a) (2) of
the Act, wherever attainable. In deter-
mining whether such standards are at-
tainable for any particular segment, the
State should take Into consideration en-
vironmental, technological, social, eco-
nomic, and institutional factors.
(2) The State shall maintain those
water uses which are currently being at-
tained. Where existing water quality
standards specify designated water uses
less than those which are presently being
achieved, the State shall upgrade its
standards to reflect the uses actually be-
ing attained.
(3) At a minimum, the State shall
maintain those water uses which are cur-
rently designated in water quality stand-
ards, effective as of the date of these reg-
ulations or as subsequently modified In
accordance with 5130.17(c) (1) and (2).
The State may establish less restrictive
uses than those contained in existing
water quality standards, however, only
where the State can demonstrate that:
(i) The existing designated use is not
attainable because of natural back- •
ground:
(11) The existing designated use Is not
attainable because of irretrievable man-
Induced conditions; or
(ill) Application of effluent limitations
for existing sources more stringent than
those required pursuant to section 301 (b)
(2) (A) and (B) of the Act In order to at-
tain the existing designated use would
result In substantial and widespread ad-
verse economic and social Impact.
(4) The State shall take into consid-
eration the water quality standards of
downstream waters and shall assure that
its water quality standards provide for
the attainment of the water quality
standards of downstream waters.
(d) The Regional Administrator shall
approve or disapprove any proposed re-
visions of water quality standards in ac-
cordance with the provisions of section
303(c)(2) of the Act.
(e) The State shall develop and adopt
a Statewide antidegradation policy and
Identify the methods for implementing
such policy pursuant to § 130.10(b)<2>.
The antidegradation policy and Imple-
mentation methods shall, at a minimum,
be consistent with the following:
(1) Existing instream water uses shall
be maintained and protected. No fur-
ther water quality degradation which
would interfere with or become injurious
to existing Instream water uses Is allow-
able.
(2) Existing high quality waters which
exceed those levels necessary to support
propagation of flsh, shellfish and wild-
life and recreation in and on the water
shall be maintained and protected unless
the State chooses, after full satisfaction
of the Intergovernmental coordlnatlort
and public participation provisions of the
State's continuing planning process, to
allow lower water quality as a result
of necessary and justifiable economic or
soical delevolpment. In no event, how-
ever, may degradation of water quality
interfere with or become Injurious to
existing Instream water uses. Addi-
tionally, no degradation shall be allowed
in high quality waters which constitute
an outstanding National resource, such
ns waters of National and State parks
and wildlife refuges and waters of excep-
tional recreational or ecological signifi-
cance. Further the State shall assure
that there shall be achieved the highest
statutory and regulatory requirements
for all new and existing point sources and
feasible management or regulatory pro-
grams pursuant to section 208 of the Act
for nonpoint sources, both existing and
proposed.
(3) In those cases where potential
water -quality impairment associated
with a thermal discharge Is Involved, the
antidegradation policy and implement-
ing method shall be consistent with sec-
tion 316 of the Act.
Subpart C—Requirements for State
Strategy
§ 130.20 Slate strategy; contents and
submission. •
(a) Based on current water quality
conditions, evaluation of program
achievement to date, water quality man-
agement plans developed under this part
and Part 131 of this Chapter (Including
basin water quality management plans),
and the annual EPA guidance (described
In Subpart B of Part 35 of this Chapter),
each State shall prepare and update an-
nually a State strategy for preventing
and controlling water pollution over a
five-year period. The strategy shall con-
tain:
(1) A Statewide assessment of water
quality problems and the causes of these
problems.
(NOTE: This assessment ma? be based on
the water quality analysis used to prepare
the State's report required under Section
305(b) of the Act. Once the water quality
assessment pursuant to ( 131.11(b) of this
Chapter and the nonpoint source assessment
pursuant to { 131.11(d) of this Chapter are
developed, the Statewide assessment of water
quality problems and causes of these prob-
lems should be based on the plan assess-
ments. Such assessments should then be re-
flected In the State's annual report tinder
section 305(b) of the Act.)
(2) A ranking of each segment based
on the Statewide assessment of water
quality problems.
(3) An overview of the State's ap-
proach to solving its water quality prob-
lems Identified In paragraph (b)(l) of
this section, including a discussion of the
extent to which nonpoint sources of pol-
lution will be addressed by the State
program.
(4) A year-by-year estimate of the fi-
nancial resources needed to conduct the
program in the State, by major program
element (as defined in Subpart B of
Part 35 of this Chapter).
(5) A listing of the priorities and
scheduling of the State's water quality
management plan preparation and Im-
plementation, areawidc plans, and other
appropriate program actions to carry out
§130.20(a)(4>.
(6) A brief summary of the State
monitoring strategy (described In Ap-
pendix A to Subpart B of Part 35 of this
Chapter).
(b) The State strategy shall be sub-
mitted annually as part of the annual
State program submission pursuant to
§ 35.555 of this Chapter.
Subpart D—Relationship of Planning
Process and Other Programs
§ 130.30 Rclntionnhip to monitoring
und surveillance program.
(a) The State shall assure that an
appropriate monitoring program will be
.established in accordance.with provisions
of Appendix A to Subpart B of Part 35
of this Chapter.
(b) The process shall provide that each
water quality management plan shall be
based upon the best available monitoring
and surveillance data to determine the
relationship between Instream water
quality and sources of pollutants and,
where practicable, to determine the rela-
tionship between disposal of pollutants
on land and groundwat«r quality.
(c) In areas where a State or desig-
nated areawlde planning agency deter-
mines that a groundwater pollution or
contamination problem exists or may ex-
ist from the disposal of pollutants on
land, or In subsurface excavations, the
State or designated areawlde planning
agency, to support the establishment of
controls or procedures to abate such pol-
lution or contamination as identified In
8131.11 (j)-(l) of this Chapter, shall
conduct (or the State shall require to be
conducted by the disposing person), a
monitoring survey or continuing pro-
gram of monitoring to determine present
or potential effects of such disposal,
where such disposal is not prohibited.
Groundwater monitoring conducted un-
der this paragraph shall be coordinated
with groundwater monitoring programs
established pursuant to the Safe Drink-
Ing Water Act (Pub. L. 93-523).
§ 130.31 Relationship lo municipal fa-
cilities program.
(a) Before awarding initial grant as-
sistance for any project for any treat-
ment works under section 201
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55342
RULES AND REGULATIONS
Act, where an applicable State -water
quality management plan, or relevant
portion thereof, has been approved in
accordance with this part and Part 131
of this Chapter, the Regional Adminis-
trator shall determine, pursuant to sec-
tion 208(d) or the Act, that the applicant
tor such grant is the appropriate des-
ignated management agency approved
by- the Regional Administrator pursu-
ant to I 130.15.
(b) Before approving a Step II or Step
m grant for any project for any treat-
ment works under section 201 (g) of the
Act, the Regional Administrator shall de-
termine, pursuant to § 35.925-2 of this
Chapter, that such works are in con-
formance with any applicable State wa-
ter quality management plan or relevant
portion thereof, approved by the Re-
gional Administrator in accordance with
this part and Part 131 of this Chapter.
(c) The Regional Administrator may
elect not to.approve a grant for any mu-
nicipal treatment works under section
201 (g) of the Act where an incomplete
or a disapproved water quality manage-
ment plan does not provide an adequate
assessment of the needs and priorities for
the area in which the project is located,
consistent with the Act's planning re-
quirements.
(d) The Regional Administrator and
the State, through the agreement de-
scribed in 8 130.11. shall assure that plan-
ning under this part and Part 131 of this
Chapter related to any municipal treat-
ment works is accomplished In a timely
manner, consistent with State priori-
ties for construction of such municipal
treatment works.
§ 130.32 Relationship In N.ilionnl I'ol-
liilonl Discharge Elimination System.
(a) State participation in the National
Pollutant Discharge Elimination Sys-
tem pursuant to section 402(b) of the
Act shall not be approved for any State
which does not have a continuing plan-
ning process approved by the Regional
Administrator pursuant to § 130.41.
(b) Approval of State participation In
the National Pollutant Discharge Elim-
ination System pursuant to section 402
(b) of the Act may be withdrawn in ac-
cordance with the provisions of section
402(c) (3) of the Act and § 124.93 of this
Chapter from any State if approval of
the continuing planning process Is with-
drawn pursuant to § 130.42.
(c) No permit under section 402 of the
Act shall be Issued for any point source
which Is in conflict with a plan approved
by the Regional Administrator In accord-
ance with this part and Part 131 of this
Chapter, provided however, that no such
permit shall be deemed to be In conflict
with any provision of such plan or por-
tion thereof, hereafter approved, which
relates specifically to the discharge for
which the permit Is proposed, unless the
State has provided the owner or operator
of the discharge and the Interested pub-
lic with notice and the opportunity to
appeal mien provision.
§ 130.33 Relationship of State nnil dpoig-
iinted arcawidc planning program*.
(a) The State planning agency desig-
nated by the Governor pursuant to
8 130.12(a) is responsible for assuring
that the requirements of section 208 of
the Act. this part, and Part 131 of this
Chapter are achieved Statewide.
(NOTE: Where a designated arcawlde plan-
ning agency falls to achieve the require-
ments of section 208 of the Act, this' part
or Part 131 of this Chapter, the State plan-
ning agency Is responsible for assuring that
such requirements are achieved In the de-
slgnatcd arenwlde planning area.)
(b) Iii order to assure that designated
areawide planning agencies achieve the
requirements specified In { 13033(a) In a
timely manner and that such agencies
conduct planning that is consistent with
planning developed by the State, the
State planning agency designated pur-
suant to § 130.12(a) Is expected to pro-
vide leadership "'and support to desig-
nated areawide planning agencies and to
monitor progress of such agencies.
(c) Designated areawide planning
under section 208 of the Act shall be
Incorporated In the writer quality man-
agement plan for the State. The State
planning agency shall provide the review
and certification of such designated area-
wide planning pursuant to g 131.20(f) of
this Chapter prior to formal incorpora-
tion Into the State's water quality man-
agement plan.
§ 130.34 Relationship to other local,
State, and Federal planning pro-
grams.
(a) The process shall assure that State
water quality management plans are co-
ordinated, and shall describe the re-
lationship with plans for designated
areawide planning areas within the State,
v.'lth planning required In adjacent States
under section 208 of the Act. with af-
fected State, local, and Federal programs,
and with other applicable resource and
developmental planning Including:
(1) State and local land use and de-
velopment programs.
(2) Activities stemming from appli-
cable Federal resource and developmental
programs Including:
(1) The Solid Waste Disposal Act, as
amended (Pub. L. 91-512).
(11) The Safe Drinking Water Act
(Pub. L. 93-523).
(iii) The Clean Air Act, as amended
(Pub. L. 91-604).
(Iv) The Coastal Zone Management
Act (Pub. L. 92-583).
(v) The Watershed Protection and
Flood Protection Act (Pub. L. 83-566).
(vl) The Rural Development Act of
1972 (Pub. L. 92-419).
(vil) The Land and Water Conserva-
tion Fund Act, as amended (Pub. L. 88-
578).
(vlil) The National Historic Preserva-
tion Act (Pub. L. 89-665).
(ix) The Fish Restoration Act (Pub. L.
81-681) and the Federal Aid In Wildlife
Restoration Act (Pub. L. 75-415).
(x) The Endangered Species Act (Pub.
L. 93-205).
(xl) Wastewater Management Urban
Studies Programs administered by the
U.S. Army Corps of Engineers (Pub. L.
685. 1938. Pub. L. 429, 1913).
(xil) Transportation Planning admin-
istered by the Department of Transpor-
tation (Pub. L. 87-866, Pub. L. 93-366,
Pub. L. 93-503).
(xlil) The Housing and Community De-
velopment Act of 1974 (Pub. L. 93-383).
(xlv) Other Federally -assisted plan-
ning and management programs.
(b) Approved section 201 facilities
plans are to be considered detailed por-
tions of the water quality management
plan(s) providing in-depth analysis of
specific municipal and storm drainage re-
lated water quality problems. The State
or areawide planning agency Is responsi-
ble for assuring compatibility of 201
facilities planning with the State or area-
wide water quality management plan.
(c) In the event that a "Level B" study
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RULES AND REGULATIONS
55343
mulatlon and Implementation of water
quality management plans relating to
Federal properties, facilities or activities
and land areas contiguous with Feder-
ally-owned lands.
(c) The Regional Administrator shall
assist In coordination of substantive
planning requirements for Federal prop-
erties, facilities or activities between the
appropriate State and Federal agency
(les).
(d) Disputes or conflicts between Fed-
eral agencies and State, Interstate, or
local agencies In matters affecting the
application of or compliance with an
applicable requirement for control and
abatement of pollution shall be mediated
by EPA. In such cases, if attempted medi-
ation Is unsuccessful the matter will be
referred to the Office of Management and
Budget under provisions of Executive
Order 11752.
Subpart E—State Planning Process Adop-
tion, Approval and Revisions Procedures;
Separability
§ 130.40 Adoption and submission of
State process description.
(a) The description of the State con-
tinuing planning process developed pur-
suant to § 130.10(c) or revisions to the
description of the State continuing plan-
ning process made pursuant to 5 130.43
shall be adopted as the official continuing
planning process of the State after ap-
propriate public participation in accord-
ance with section 101(e) of the Act and
with Part 105 of this Chapter.
(b) The Governor shall submit the
adopted State continuing planning
process description to the Regional Ad-
ministrator for approval. Subsequent re-
visions to the continuing planning
process description, however, shall be
submitted as a part of the State program
submittal pursuant to § 35.555 of this
Chapter.
(c) Submission shall be accomplished
by delivering to the Regional Adminis-
trator the adopted planning process de-
scription, as specified In § 130.10 (c) of
this part, and a letter from the Governor
notifying the Regional Administrator of
such action.
§ 130.41 Review mid npproval or dis-
approval of State process.
(a) The Regional Administrator shall
approve, conditionally approve, or dis-
approve, the State planning process de-
scription submitted pursuant to § 130.40
of this part within 30 days after the date
of receipt, as follows:
(1) If the Regional Administrator de-
termines that the State planning process
conforms with the requirements of the
Act and this part, he shall approve the
process and so notify the Governor by
letter.
(2) If the Regional Administrator de-
termines that the State planning process
falls to conform with the requirements of
the Act and this part, he shall either con-
ditionally approve or disapprove the
process and so notify the Governor by
letter and shall state:
(1) The specific revisions necessary to
obtain approval of the process; and
(ii) The time period for resubmisslon
of the revised process or portions thereof.
(b) The Regional Administrator shall
not approve any State continuing plan-
ning process description which will
not result in timely State water quality
management plans that conform with
the applicable requirements of the Act
and Part 131 of this Chapter for all areas
within the State.
§ 130.42 Withdrawal of approval of
Slate process.
Substantial failure of any plan or
plans prepared pursuant to the approved
State planning process to conform with
applicable requirements of this part and
Part 131 of this Chapter, Including gross
failure to comply with the schedule for
State water quality management plan
preparation, may Indicate that the plan-
ning process by which such plan or
plans were developed was deficient and
shall be revised. Failure to accomplish
necessary revisions of the State planning
process may result In withdrawal of ap-
proval of part or all of the process.
§ 130.43 Review nnd revisions of Slate
process.
(a) The State shall review annually Its
continuing planning process and shall
revise the process as may be necessary
to assure the development and mainte-
nance of a State strategy and State pro-
gram for preventing and controlling
water pollution, based on current State
and area wide water quality management
plans which will accomplish national
water quality objectives in conformity
with the requirements of the Act.
(b) In addition to any other necessary
.revisions identified by the State or the
Regional Administrator, the Governor
shall submit, within 150 days after these
regulations become effective, whatever
revisions to the planning process descrip-
tion are necessary to insure conformity
with this part.
(c) Subsequent revisions to the plan-
ning process description shall be sub-
mitted by the State as a part of the
State program submittal pursuant to
§ 35.555 of this Chapter.
§ 130.44 Separability.
•If any provision of this part, or the
application of any provision of this part
to any person or circumstance, is held
invalid, the application of such provision
to other person or circumstance, and the
remainder of this part, shall not be
affected thereby.
[FRDoc.75-32012 Filed 1 l-2G-75;8:45 am)
IFRL 4ci-o|
PART 131—PREPARATION OF WATER
QUALITY MANAGEMENT PLANS
On July 1G, 1975, notice was published
In the FEDERAL REGISTER, 40 FR 29887,
proposing amendments to the policies
and procedures for the preparation of
water quality management basin plans
(40 CFR Part-131) pursuant to Section
303 (e) of the Federal Water Pollution
Control Act Amendments of 1972; Pub.
L. 92-500, 8G Stat. 816 (1972); 33 U.S.C.
1251 et. seq. (hereinafter referred to as
the Act). Part 130 of this Chapter has
also been amended. The amendments are
In accordance with a Court Order issued
by Judge John Lewis Smith, Jr., in Nat-
ural Resources Defense Council, et. ol.
v. Train, et. al.. D.C. D.C. Civ. Act. No.
74-1485. which stipulates that Section
208 planning must be conducted by the
States In all areas that are not desig-
nated In accordance with Section 208
(a) (2) through (4) of the Act.
Sections 303(e> and 208 of the Act
require State and designated areawlde
planning agencies to have a continuing
planning process which Is consistent
with the Act. State water quality man-
agement plans are to be prepared, in ac-
cordance with the State's continuing
planning process submitted and approved
pursuant to Part 130 of this Chapter.
These amended regulations describe
the requirpments for preparation of
water quality management plans and the
procedures governing plan adoption, sub-
mission, revision, and EPA approval.
These regulations now sper.ificully in-
clude the provisions for the State as well
as areawlde watnr duality management'
planning responsibilities under Section
208 of the Act and are designed to assure
that the plans prepared pursuant to this
Part 131 will be appropriate for water
quality management both In areas having
complex water quality problems and in
less complicated situations.
The primary objective of the water
quality mannprmmt plans will be to
achieve the 1083 national water Quality
goal of the Act. where attainable. In
those areas where the 1983 water quality
goal mav not be attainable, the plans
shall identify the water quality goals to
be achieved and. where necessary, pro-
vide appropriate Information (such as
wasteload allocation information) which
may be relevant in making water quality
related effluent limitation determinations
pursuant to Section 302 of the Act.
The water quality management plan
will serve as a management document
which Identifies the water quality prob-
lems of a particular basin or other ap-
proved planning areas nnd sets forth an
effective mannpement program to allevi-
ate those problems and preserve water
quality for all intended uses. Thus, de-
velopment of the plans will Involve an
iterative process of establishing attain-
able water quality goals, identifying nec-
essary controls and regulatory programs,
and determining the resulting environ-
mental, social, nnd economic Impact.
EPA will prepare guidelines concern-
ing the development of water quality
management plans to assist the State
and areawide planning agencies in carry-
ing out the provisions of these regula-
tions.
Written comments on the proposed
rulemaklng were Invited and received
from nearly 100 interested groups, in-
cluding EPA Regional Offices, State and
local governments, other Federal agen-
cies, industrial organizations and special
Interest groups. In addition, verbal com-
FEOERAL REGISTER, VOL 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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55344
RULES AND REGULATIONS
merits were also obtained from repre-
sentatives of State and local government.
All written comments are on file with the
Agency. Most of these comments have
been adopted or'substantially satisfied by
editorial changes, deletions from, or ad-
ditions to these regulations. The majority
of substantive comments centered around
the Issues discussed below.
1. Timing of Plan Preparation.
Many of the comments received Indi-
cated that the November 1. 1978 deadline
for plan submission was unrealistic. This
deadline has not been changed due to the
above mentioned Court Order which im-
posed a time schedule requiring "final
submission to EPA of complete Section
208 plans for nondesignrled areas no
later than November I. 1978."
The final regulations require the States
to submit Initial plans for the entire
State (Including areawide plans devel-
oped by desipnated areawide planning
agencies) to EPA for final approval no
later than November 1. 1978. Although
the final regulations no longer require
the States to submit plans for pro-adop-
tion review, the regulations make it clear
that areawide plans must be submitted
to the States for certific.ntion and the
State. In turn, must submit the certified
areawide plans, to EPA for approval
within two years from the dntc the area-
wide, planning process is In operation
(and no later than November 1. 1978).
Pre-adoptlon review of areawide plans
by the State Is required: pre-adoption re-
view of plans tor the entire State by EPA
Is encouraged although not required In
order to assure a minimal amount of
conflict once the plans tire formally
adopted.
2. Nonpoint Source Controls.
Many of the comments received indi-
cated that planning for the management
Of nonpoint sources of pollution will be
the most difficult and complex water
quality control problem confronting the
State and nreawide planning agencies
due to insufficient funding, manpower
and technology.
Taking these Insufficiencies Into ac-
count, EPA. In conjunction with a num-
ber of State representatives, has devel-
oped a strategy for management of non-
point sources of pollution as part of the
third edition of the "Water Quality
Strategy Paper". This strategy for non-
point source management has been in-
corporated Into the final regulations.
As discussed above, these regulations
are Issued in response to nn Order of the
District Court for the District of Colum-
bia, and contain a provision for plnn sub-
mission no later than November 1, 1978,
as required by the Order of t.hc Court.
Given the limited amount of time for the
plans to be completed, and the conse-
quent need for both State and areawide
agencies to move forward quickly to ad-
Just their planning processes to these
regulations, good cause Is hereby found
for making these regulations effective
upon publication.
In consideration of the foregoing, 40
CFR Part 131 Is hereby amended by de-
leting (he existing part and substitut-
ing a new Part 131 to read as follows.
Dated: November 21,1975.
RTJSSELL E. TRAIN,
Administrator.
Subpart A—Scope and Purpose; Defmitlont
Sec.
131.1
131.3
Scope and purpose.
Definitions.
Subpart B—Plan Content Requirements
131.10 General requirements.
131.11 Plan content.
Subpart C—Plan Adoption. Approval, and
Revision Procedures; Separability
131.20 Adoption, certification, and sub-
mission of plnns.
131.21 Review and approval or disapproval
of plans.
131.22 Review and revision of plans.
131.23 Separability.
ACTTHonrrr: Sees. 106, 208. 303(d). 303(e).
305 (b), 314. 501. 516(b) of the Federal Water
Pollution Control Act, as amended: Pub. L.
92-500, 80 Stat. 818 (1072); (33 O.S.C. 125V
ct seq.).
Subpart A—Scope and Purpose;
Definitions
§ 131.1 Scope and purpose.
(a) This part establishes regulations
specifying procedural and other require-
ments for the preparation of water qual-
ity management plans and the estab-
lishment of regulatory programs de-
signed to achieve the goal specified In
Section 101 (a) (2) of the Act. The water
quality management plans and Imple-
menting programs are to be prepared
and established by State planning agen-
cies pursuant to Sections 208 and 303(e)
of the Act and by designated areawide
planning agencies pursuant to Section
203 of the Act.
(b) These regulations describe the re-
quirements for State and designated
areawide planning agency planning and
implementation under Section 208 of the
Act: water quality management plans
developed by State and designated area-
wide planning agencies pursuant to this
part and the implementation of these
plans must comply fully with the require-
ments of Section 208 of the Act.
(c) A water quality management plan
Is a management document which Iden-
tifies the water quality problems of a
particular approved State planning area
or desipnated areawide planning area
and sets forth an effective management
proprnm to alleviate those problems and
to achieve and preserve wotcr quality
for all intended uses. The value of the
water quality management plan lie's in Its
utility in providing a basis for making
sound water qunlitv management de-
cisions and in establishing and imple-
menting effective control programs. To
achieve this objective, the detail of the
water quality management plnn(s)
should provide the necessary analysis
and information for management de-
cisions..Moreover, there must be a flexi-
ble revi.-.lon mechanism to rc.Oect chang-
ing conditions In the area of considera-
tion. A water quality management
should be a dynamic management tool,
rather than a rigid, static compilation
of data and material. In addition, the
plan should be as concise as possible.
thereby minimizing unnecessary paper-
work.
(d) A water quality management plan
will provide for orderly water quality
management by:
(1) Identifying Problems: assessing
existing water quality, applicable water
quality standards, point and nonpoint
sources of pollution, and identifying con-
straints on the plan.
(2) Assessing Needs/Establish Ing Pri-
orities: assessing water quality and
abatement needs, Including coordination
with ongoing construction grant award
and NPDES programs, and establishing
priorities, including consideration of
existing construction grant and NPDES
requirements.
(3) Scheduling Actions: setting forth
compliance schedules considering all
existing schedules Issued pursuant to
construction grant awards and NPDES
permits, and target abatement dates In-
dicating necessary Federal. State, and
local actions.
(4> Defining Regulatory Programs: de-
scribing existing State/local regulatory
programs and defining necessary addi-
tional regulatory programs deslmed to
achieve water quality standards nnd
goals.
(5) Defining Management Agency Re-
sponsibilities: Identifying management
agencydes), Including Implementing.
regulatory and operational agencies, nnd
setting forth specific responsibilities to
carry out required actions within the
approved planning area and to assure
that water quality objectives are mnde
a part of the land mnnaeomont process.
(6) Coordinating Planning and Mnn-
aeement: coordinating develnnmpntal
planning nnd management related to
water qunllty in order to attain the
objectives of the Act.
§ 131.2 rVfmitirms.
The definitions set forth In 5 130.2 of
this Chapter shall apply to this Part 131.
Subpart B—Plan Content Requirements
§ 131.10 General requirements.
(a) This subpart describes the' re-
quired content of water quality manage-
ment plans to be prepared for each op-
proved State planning area included In
the State planning process submitted nnd
nnprovcd pnrsunnt to 5 130.41 of this
Chapter mid for each area desipnated
pursunnl. to Section 203(n) (2). (3), or
(4) of tlie Act. The primary objective of
the water ou.ilitv mr>natremcnt plnns
shall be to define the protrvams necessary
to achieve the 19(13 national water qual-
ity rroal established In Section lOHn) (2)
, of the Act. The plnns shall identify the
controls, retaliatory programs, and mnn-
atrrment ncrsncios neccssarv to attain the
water finality goals nnd the established
State water quality standards.
(b) Water quality management plans
shall be prepared for nil areas and waters
FEDERAL REGISTER, VOL. 40.. NO. 270—r.TD.V.'. MOVT'i.':'l 20, 1975
-------
RULES AND REGULATIONS
55315
of the State. Generally, water quality
management planning elements will be
the same throughout each State and
designated areawide planning area. How-
ever, the level of detail required will vary
according to the water quality problems
(ranging from intensive planning in
areas designated pursuant to Section
208(a)<2). (3). or (4) of the Act and in
other areas with similar water quality
problems, to essentially no planning in
those areas where the State certifies that
certain types of planning and implemen-
tation will not be undertaken pursuant
to S 130.11 management
plans, or portions then.of. and sub-
sequent refinements shall be prepared
pursuant to the approved continuing
planning process and submitted to the
Regional Administrator in accordance
with the State/EPA agreement described
In 8 130.11 of this Chapter or the work
plan for designated areawide planning
areas described in § 35.220 of this Chap-
ter.
(e) Each water quality management
plan shall Incorporate appropriate in-
formation concerning other local, State
and Federal planning as required under
8 130.34 of this Chapter.
(f) Each water quality management
plan shall include, where appropriate, a
delineation of the relative priority of ac-
tions to be taken toward prevention and
control of water pollution problems.
Such priorities shall reflect the coordi-
nation of water quality management
plans with other related planning pro-
grams including those identified in
{ 130.33 and § 13.0.34 of this Chapter.
(g) Water quality management plan-
ning elements shall include, but are not
limited to:
(1) Planning boundaries (§ 131.11
(a)).
(2) Water quality assessment and seg-
ment classification (§ 131.11(b)).
(3) Inventories and projections
(S 131.11(c».
(4) Nonpolnt source assessment
(8 131.11(d».
(5) Water quality standards (§131.11
(e)).
(6) Total maximum daily loads
(8 131.1KD) «.
(7) Point source load allocations
'Not necessary In effluent limitation seg-
ments.
(8) Municipal waste treatment sys-
tems needs (§ 131.ll(h».
(9) Industrial waste treatment sys-
tems needs (§ 13.1.11(1)).
(10) Nonpoint source control needs
(j 131. ll(j».
(11) Residual waste control needs;
land disposal needs (§ 131.11 (k)).
(12) Urban and Industrial storm-
water needs (5131.11(1)).
(13) Target abatement dates (8 131.11
(14) Regulatory programs (8 131.11
(n)).
(15) Management agencies (§ 131.11
(o)).
(1C) Environmental, social, economic
Impact (5 131.ll(p)).
Except as otherwise provided in Part
131.11.
§ 131.11 Plan content.
Recognizing that the level of detail
may vary according to the water quality
problems, the following elements shall be
included in each water quality manage-
ment plan unless a certification pursuant
to 3 130.1Kb) of this Chapter provides
otherwise:
(a) Planning boundaries. A delinea-
tion, on a map of appropriate scale, of
the following: (1) The approved State
planning areas included In the State
planning process submitted and ap-
proved pursuant to § 130.41 of this Chap-
ter and areawide planning areas desig-
nated pursuant to 8 130.13 of this
Chapter.
(2) Those areas in which facilities
planning has been deemed necessary by
the State pursuant to § 35.D17-2 of this
Chapter.
(3) The location of each water quality
and effluent limitation segment identified
in 5 131.1Kb) (2).
(4) The location of each significant
discharger identified in 5 131.1KO.
(5) The location of fixed monitoring
stations.
(NOTE: Such monitoring station locations
may be omitted Lf ouch locations are avail-
able In tho EPA water quality Information
system).
(b) Water quality assessment and seg-
ment classifications. (1) An assessment
of existing and potential water quality
problems within the approved planning
area or designated areawide planning
area, including an identification of the
types and degree of problems and the
sources of pollutants (both point and
nonpolnt sources) contributing to the
problems. The results of this assessment
should be reflected in the State's report
required under Section 305(b) of the
Act.
(2) The classification of each segment
as either water quality or effluent limita-
tion as defined in § 130.2(o) of this
Chapter.
(1) Segments shall include the sur-
rounding land areas that contribute or
may contribute to alterations In the
physical, chemical, or biological charac-
teristics of the surface waters.
(11) Water quality problems generally
shall be described In terms of existing or
potential violations of water quality
standards.
(iil) Each water quality segment
classification shall include the specific
water quality parameters requiring con-
sideration in the total maximum daily
load allocation process.
(iv) In the segment classification
process, upstream sources that con-
tribute or may contribute to such alter-
ations should be considered when iden-
tifying boundaries of each segment.
(v) The classification of segments
shall be based on measurements of In-
stream water quality, where available.
(c) Inventories and projections. (1)
An inventory of municinal and industrial
sources of pollutants nnd a ranking of
municipal sources which shall be .used
by thn State in the development of the
annual State strategy described in
§ 130.20 of this Chapter and the "project
priority list" described in § 35.915(c) of
this Chapter. The Inventory shall In-
clude a description, by parameter, of the
major wnste discharge characteristics of
each significant discharger of pollutants
based on data from the National Pol-
lutant Discharge Elimination System and
the associated compliance monitoring
systems, whenever available.
(2) A summary of existing land use
patterns.
(3) Demographic and economic growth
projections for at least' a 20-year plan-
ning period disaggregated to the level
of detail necessary to identify potential
water quality problems.
(4) Projected municinal and Industrial
wastcloads based on § 131.IKc) (1) and
(3).
(5) Projected land use patterns based
on 5 131.11(c) (2) and (3).
(d) Nonpoint source assessment. An
assessment of water quality problems
caused by nonpoint sources of pollutants.
(li The assessment shall include n de-
scription of the type of problem, an iden-
tification of the waters affected (by seg-
ment or other appropriate planning
area). an evaluation of the seriousness of
the effects on those waters, and an Iden-
tification of nonnoint sources (by cate-
gory as defined in 5131.1KJ)) con-
tributing to the problem.
(2) Any nonpoint sources of pollutants
originating outside a seprment whlrh ma-
terially affect water quality within the
segment shall be considered.
(3) The results of this assessment
should be reflected in the States' report
required under Section 305(b) of the
Act.
(c) Water Quality standards. The ap-
plicable water quality standards. Includ-
ing the Statewide nntideRradatlon policy,
established pursuant to Section 303(a),
(b), and (c) of the Act and any plans
for the revision of such water quality
standards.
(f) Total maximum daily loads. (1)
For each water quality segment, or ap-
propriate portion thereof, the total al-
lowable maximum daily load of relevant
pollutants during critical flow condi-
tions for each specific water quality
criterion being violated or expected to be
violated.
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVCMCER 23, 1975
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55346
RULES AND REGULATIONS
(i) Such total maximum dally loads
shall be established at levels necessary
to achieve compliance with applicable
water quality standards.
(11) Such loads shall take into ac-
count:
(A) Provision for seasonal variation;
and
(B) Provision of a margin of safety
which takes Into account any lack of
knowledge concerning the relationship
between effluent limitations and water
quality.
(2) For each water quality segment
where thermal water quality criteria are
being violated or expected to be violated.
the total daily thermal load during
critical flow conditions allowable in each
segment.
(1) Such loads shall be established at
a level necessary to assure the protection
and propagation of a balanced. Indige-
nous population of fish, shellfish, and
wildlife.
(11) Such loans shall take into account:
(A) Normal water temperature;
(B) Plow rates:
(C) Seasonal variations;
(D) Existing sources of heat input:
and
(E) The dlsslpatlve capacity of the
waters within the identified segment.
(ill) Each estimate shall Include an
estimate of the maximum heat Input that
can be made into the waters of each
segment where temperature is one of the
criteria being violated or expected to be
violated and shall Include a margin of
safety which takes into account lack of
knowledge concerning the development
of thermal water quality criteria for pro-
tection and propagation of fish, shellfish
and wildlife In the waters of the identi-
fied segments.
(3) For each water quality segment, a
total allocation for point sources of pol-
lutants and a gross allotment for non-
point sources of pollutants.
(1) A specific allowance for growth
shall be Included In the allocation for
point sources and the gross allotment for
nonpolnt sources.
(11) The total of the allocation for
point sources and the gross allotment for
nonpoint sources shall not exceed the
total maximum daily load.
(4) Where predictive mathematical
models are used in the determination of
total maximum dally loads, an identifi-
cation and brief description of the model,
and the specific use of the model.
(NOTE: Total maximum daily lands shall
not be determined by designated areawlde
planning agencies except where the State
has delegated such responsibility to the
designated agency In those cases wh*re the
responsibility has not been delegated, the
State shall determine total maximum dally
loads for the designated areawlde planning
area).
(5) No point source load allocation de-
veloped pursuant to this section shall be
less stringent than effluent limitations
standards, or prohibitions required to be
established pursuant to Sections 301, 302,
304, 306. 307. 311, and 316 of the Act.
(g) Point source load allocations. (1)
For each water quality segment, the In-
dividual load allocation for point sources
of pollutants, including thermal load al-
locations, for the next five-year period of
the plan.
(NOTE: In those segments where water
quality standards are established at levels
less stringent than necessary to achieve the
1983 water quality goals specified In Section
101 (a) (2) of the Act. the Regional Adminis-
trator may request the State to provide ap-
propriate Information, Euch as wasteload
allocation Information which may be rele-
vant In making water quality related effluent
limitation determinations pursuant to Sec-
tion 302 of the Act).
(2) The total of such pollutant load
allocations or effluent limitations for all
individual point sources In the water
quality segment shall not exceed the total
allocation for the five-year period for all
point sources of pollutants for each seg-
ment determined pursuant to § 131.11
(f)(3).
(3) Each pollutant load allocation
established pursuant to this paragraph
shall Incorporate an allowance for antic-
ipated economic and population growth
over at least a five-year period and an
additional allowance reflecting the pre-
cision and validity of the method used
in determining such allowance.
(4) Establishment of pollutant load
allocations shall be coordinated with the
development of terms and conditions of
permits under the National Pollutant
Discharge Elimination System and with
any hearings pursuant to Section 302
and 316(a) of the Act relating to a source
discharging to or otherwise affecting the
segment.
(NOTB: Point source load allocations shall
not be determined by designated areawlde
planning agencies except where the State has
delegated such responsibility to the desig-
nated agency. In those cases where the re-
sponsibility has not been delegated, the State
shall determine point source load allocations
for the designated areawlde planning area).
(h) Municipal waste treatment sys-
tems needs. (1) The municipal waste-
water collection and treatment system
needs by 5-year increments, over at least
a 20-year period Including an analysis of
alternative waste treatment systems, re-
quirements for and general availability
of land for waste treatment facilities and
land treatment and disposal systems,
total capital funding required for con-
struction, and a program to provide the
necessary financial arrangements for the
development of such systems.
(2) The identification of municipal
waste treatment systems needs shall take
into consideration:
(i) Load reductions needed to be
achieved by each waste treatment system
in order to attain and maintain appli-
cable water quality standards and effluent
limitations.
(ii) Population or population equiva-
lents to be served, Including forecasted
growth or decline of such population
over at least a 20-year period following
the scheduled date lor installation of
the needed facility.
(iii) The results of preliminary and
completed planning conducted under
Step I and Step II grants pursuant to
Title II of the Act.
(NOTE: In the absence of the Title II plan-
ning described above, the Stato Is expected
to develop the necessary estimates and anal-
yses required under 5 131.11(h) (1)).
(i) Industrial waste treatment systems
needs. (1) The anticipated Industrial
point source wasteload reductions re-
quired to attain and maintain applicable
water quality standards and effluent
limitations for at least a 20-year plan-
ning period (in 5-year increments).
(2) Any alternative considerations for
industrial sources connected to munici-
pal systems should be reflected in the
alternative considerations for such mu-
nicipal wntse treatment system.
(j) Nonpoint source control needs. (1)
For each category of nonpoint sources
of pollutants to be considered in any
specified area as established In the
State/EPA agreement (see 5 130.11 of
this Chapter), an identification and
evaluation of all measures necessary to
produce the desired level of control
through application of best management
practices (recognizing that the applica-
tion of best management practices may
vary from area to area depending upon
the extent of wnter quality problems).
(2) The evaluation shall Include an
assessment of nonpoint source control
measures applied thus far, the period of
time required to achieve the desired con-
trol (see 5 131.1 Km)), the proposed reg-
ulatory programs to achieve the controls-
(see I I31.ll(n)), the management agen-
cies needed to achieve the controls (see
f 131.11(0)), and the costs by agency and
octivltv, presented bv 5-year increments.
to achieve the desired controls, and a
description of the proposed actions nec-
essary to achieve such controls.
(3) The nonpolnt source categories
shall Include: (i) Agriculturally related
nonpoint sources of pollution including
runoff from manure disposal areas, and
from land used for livestock and crop
production;
(11) Sllvic'ilturally related nonpoint
sources of pollution;
(ill) Mine-related sources of pollution
Including new, current and abandoned
surface and underground mine runoff;
(Iv) Construction activity related
sources of pollution:
(v) Sources of pollution from disposal
on land In wells or In subsurface exca-
vations th».t affect ground and surface
water quality ;
(vi) Salt water intnistion Into rivers,
lakes, estuaries and groundwater result-
ing from reduction of fresh water flow
from any cause, including Irrigation, ob-
struction, qroundwater extraction, and
diversion: and
(vil) Sources of pollution related to
hydrolofrlc modifications, including those
caused by chances in the movement,
flow, or circulation of any navigable
waters or ground waters due to construc-
tion and operation of dams, levees, chan-
nels, or flow diversion facilities.
(NOTE: Nonpoint source control needs need
not be determined by designated areawlde
planning agencies where the Governor has
determined pursuant to Section 208(b)(4)
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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RULES AND REGULATIONS
55347
of tbn Act that the State will develop non-
point sourco control requirements on a
Statewide basis.)
(k) Residual waste control needs;
land disposal needs. (1) An Identification
of the necessary controls to be estab-
lished over the disposition of residual
wastes which could affect water quality
and a description of the proposed actions
necessary to achieve such controls.
(2) An Identification of the necessary
controls to be established over the dis-
posal of pollutants on land or in sub-
surface excavations to protect ground
and surface water quality and a descrip-
tion of the proposed actions necessary to
achieve such controls.
(NOTE: Residual waste control needs nerd .
not be determined by designated areawldo
planning agencies where the Governor bos
determined pursuant to Section 208(b) (4) of
the Act that tbe State will develop residual
•waste control requirements pursuant to Sec-
tion 208(b) (2) (J) and (K) on a Statewide
basis.)
(1) Urban and industrial stormwater
systems needs. (1) An Identification of
the required Improvements to existing
urban and Industrial stormwater sys-
tems, Including combined sewer over-
flows, that are necessary to attain and
maintain applicable water quality stand-
ards.
(2) An Identification of the needed
urban and Industrial stormwater systems
for areas not presently served over at
least a 20-year planning period (In 5-
year Increments) that are necessary to
attain and maintain applicable water
quality standards, emphasizing appro-
priate land management and other non-
structual techniques for control of urban
and Industrial stormwater runoff.
(3) A cost estimate for the needs iden-
tified In (1) nnd (2) above, the reduction
In capital construction costs brought
about by nonstructural control measures,
and any capital and annual operating
costs of such facilities and practices.
(m) Target abatement dates. Target
abatement dates or schedules of com-
pliance for all significant dischargers,
nonpotnt source control measures, resid-
ual and land disposal controls, and
stormwater system needs, including
major Interim and final completion dates,
and requirements that are necessary to
assure an adequate tracking of progress
toward compliance.
(n) Regulatory programs. (\) A de-
scription of existing State/local regula-
tory programs which are being or will be
utilized to Implement the State water
quality management plan. The descrip-
tion shall Include the regulator}' ap-
proach to be employed, the statutory
basis for the program, and relevant ad-
ministrative and financial program
aspects.
(2) A description of necessary addi-
tional State/local regulatory programs to
be established In order to Implement the
State water quality management plan.
The description shall Include the pro-
posed regulatory approach, the necessary
legislation, and anticipated administra-
tive and financial capabilities.
(3) The regulatory programs described
In §131.11(n) (1) and (2) should gen-
erally take full advantage of existing
legislative authorities and administrative
capabilities. However, such programs
shall assure that:
. (1) To the extent practicable, waste
treatment management including point
and nonpoint source management shall
be on a Statewide and/or an arcawlde
basis and provide for the control or
abatement of all sources of pollution In-
cluding inplace or accumulated deposits
of pollutants;
(il) The location, modification and
construction of any facilities, activities,
or substantive changes In use of the lands
within the approved planning area,
which might result In any new or delete-
rious discharge directly or indirectly Into
navigable waters are regulated; and
(111) Any Industrial or commercial
wastes discharged into any publicly
owned treatment works meet applicable
prctreatment requirements.
(o) Management agencies. (1) The
Identification of those agencies recom-
mended for designation by the Governor
pursuant to § 130.15 of this Chapter to
carry out each of the provisions of the
water quality management plan. The
Identification shall Include those agen-
cies necessary to construct, operate and
maintain all treatment works Identified
In the plan and those agencies necessary
to Implement the regulatory programs
described In § 131.IKn).
(2) Depending upon an agency's as-
signed responsibilities under the plan,
the agency must have adequate author-
ity and capability:
(1) To carry out its assigned portions
of an approved State water quality man-
agement plan(s) (Including the plans
developed for areawide planning areas
designated pursuant to Section 208.
FEDIRAl REGISTER, VOL 40, NO. 230—?RIDAY, NOVEMBER 78. 1975
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55348
RULES AND REGULATIONS
(d) The State Is encouraged (although
not required) to submit the water quality
management plan(s) for State and des-
ignated, areawide planning areas to the
Regional Administrator for review prior
to focmally adopting the plan(s). The
Regional Administrator shall provide for
timely review and comment In order to
minimize potential objections once the
plan is formally adopted by'the State
pursuant to 5 131.20(h). Concurrence
with a water quality management plan
at the time of any pre-adoptlon review
will not substitute for approval by the
Regional Administrator pursuant to
§ 131.21 after the plan has been the sub-
ject of further public participation and
formally adopted by the State.
(e) After comments and recommenda-
tions are received from the Governor, or
his deslgnee, and from chief elected offi-
cials of local units of government pur-
suant to 5131.20(b), designated areawide
planning agencies shall submit the area-
wide water quality management plans, or
portions thereof, to the Governor, or his
deslgnee for final review and formal
adoption and certification.
(f) The Governor, or his dcsignee,
shall review areawide water quality man-
agement plans, or portions thereof, sub-
mitted by designated areawide planning
agencies.
(1) The Governor shall certify that
the State has reviewed the plan and:
(1) Has found the plan to be in con-
formance with the provisions of the ap-
proved planning process for the State, In-
cluding State water quality management
plans prepared pursuant to the process,
and that the plan will be accepted as a
detailed portion of the water quality
management plans of the State:
(ii) Has found the plan to be con-
sistent with the water quality manage-
ment needs of the area;
(ill) Has found the plan to be In con-
formance with all State and local legisla-
tion, regulations, or other requirements
or plans regarding land use and protec-
tion of the environment, except for those
cases where the plan specifically recom-
mends changing such legislation, regula-
tions, or other appropriate requirements;
(Iv) Has found that the plan provides
adequate basis for selection of 'manage-
ment agencies to be designated pursuant
to 8 130.15(a) of this Chapter and Sec-
tion 208(c) of the Act; and
(v) Has adopted the plan as the State's
official water quality management plan
for the designated areawide planning
area pursuant to § 131.20(h).
(2) The procedures set forth in § 131.20
(f) (1) shall be followed by intrastate and
interstate designated areawide planning
agencies, except where the plan has been
developed by an Interstate agency, the
plan shall be submitted to the Governor,
or his designee. of the State which In-
cludes the largest portion of the desig-
nated area's population. The Governor,
or his deslgnee, shall coordinate the plan
review and certification process with all
other affected States.
(g) If the Governor determines that
the water quality management plan for
the designated areawide planning area
fails to conform with the requirements
of the Act, this part, or the approved
work plan of the designated areawide
planning agency Is not consistent with
contiguous water quality management
plans including those of neighboring
States, he shall either conditionally cer-
tify or not certify the plan and so notify
the Regional Adminstrator and the des-
ignated areawide planning agency by
letter and shall state:
(1) The specific revisions necessary to
obtain full certification of the water
quality management plan; and
(2) The time period for submission of
necessary revisions to the water quality
management plan or portions thereof.
(h) Each State and areawide water
quality management plan, or portion
thereof, shall be adopted as the official
water quality management plan(s) of
the State. Each adopted water quality
management plan shall include assur-
ances and a certification by the Governor
that the plan Is the official water quality
management plan for the area covered
by such plan, that the plan will be Im-
plemented and used for establishing per-
mit conditions, nonpoint source controls,
schedules of compliance and priorities
for awarding grants for construction of
municipal treatment works pursuant to
Section 201 (g) of the Act, and that the
plan meets all applicable requirements
of the Act, this part, and Part 130 of this
Chapter.
(1) The Governor shall submit adopted
water quality management plans to the
Regional Administrator, together with
a summary of public participation in the
development and adoption of the plan
(required by Section 101 (e) of the Act
and Part 105 of this Chapter) and a letter
from the Governor notifying the Regional
Administrator of such action. Such plans
shall be submitted in' accordance with
the following schedule:
(1) Water quality management plans
for the entire State shall be sub-
mitted to the Regional Administrator no
later than November 1, 1978.
(2) Water quality management plans
for designated areawide planning areas
shall be submitted no later than two
years from the date that the planning
process Is In operation (pursuant to
§ 35.222-1 of this Chapter) and no later
than November 1, 1978.
(J) Portions of the plan (interim out-
puts), developed in accordance with the
requirements of Parts 130 and 131 may
be adopted, certified, and submitted dur-
ing the development of the plan and
approved In the came manner as a plan
under 8131.21.
FEDERAL REGISTER, VOL 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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RULES AND REGULATIONS
55M9
(k) At the time of submission, the
Governor shall Identify those modifica-
tions, if any, that need to be made, as a
result of the plan, to the agreement be-
tween EPA and a State under Part 124
of this Chapter.
§ 131.21 Hrvicw mill :ippro\nl or ilis-
approval of plans.
The Regional Administrator shall ap-
prove, conditionally approve or dis-
approve the water quality management
plan, or portion thereof, submitted pur-
suant to 5 131.20(1) or (j) v/ithin 120
days after the date of receipt, as follows:
(a) If the Regional Administrator de-
termines that the water quality manage-
ment plan conforms with the require-
ments of the Act, this part, and the ap-
proved continuing planning process (in-
cluding compliance with any State/EPA
agreement or designated arcawidc plan-
ning agency work plans) and Is consist-
ent with contiguous water quality man-
agement plaus, including those of neigh-
boring States, he shall approve the plan
and so notify the Governor or his desig-
nce by letter.
(b) If the Regional Administrator de-
termines that the water quality manage-
ment plan fails to conform with the re-
quirements of the Act, this part, or the
approved continuing planning process
(including compliance with ony State/
EPA agreements or designated areawlde
planning agency work plans) or Is not
consistent with contiguous water quality
management plans including those of
neighboring States, he shall either con-
ditionally approve or disapprove the plan
and so notify the Governor or his dcsig-
nee by letter and shall state:
(1) The specific revisions necessary to
obtain full approval of (.he water quality
management plan; and
(2) The time period for submission of
necessary revisions to the water quality
management plan or portions thereof.
(c) Where water quality management
plans involving Interstate waters are
found to be Inconsistent, the Regional
Administrator shall notify the Governor
of each concerned State of. the specific
areas of Inconsistency and the specific
revision(s) necessary to eliminate such
inconsistency.
§ 131.22 Review nnd revision of plune.
(a) As a minimum, the State or desig-
nated areawide planning agency shall re-
view, and if necessary revise, each water
quality management plan at least an-
nually. The Regional Administrator may
request specific plim revisions. The water
quality mumnvc.mnit plan shnll be revised
such tlmt it remains n meunlnfiful and
current water quality management doc-
ument.
(b) Minor revisions, particularly those
which incorporate updated Information
but do not involve substantive change,
may be submitted directly to the Re-
gional Administrator by the State plan-
ning agency designated under {130.10
(c) (6) of this Chapter.
(NOTE: Minor revisions to plans for desig-
nated areawlde planning areas shall be sub-
mitted to the State planning agency, which
In turn shall Incorporate such revisions In
the Statewide plan and notify the Regional
Administrator of the revisions).
(c) Changes to the water quality man-
agement plants) which result from a de-
termination by the Administrator or the
State, as appropriate, pursuant to Sec-
tions 301 (c), 302, or 31C of the Act, an
amendment to the Act, or an adjudi-
catory or judicial proceeding, shall be
incorporated into a revised plan. Such
revisions need not be subject to formal
public participation, adoption, certifica-
tion and submission, unless the Regional
Administrator determines that the revi-
sion is of a substantive nature.
(d) Revisions of a substantive nature
shall be subject to formal public partici-
pation, certification, adoption, and sub-
mission as well as review and approval
procedures described in § 131.20 and
§ 131.21. The Regional Administrator
may waive requirements for public par-
ticipation and other formal revision pro-
cedures where he determines that such
requirements have been met as a result
of other proceedings conducted pursuant
to the Act and other EPA regulations.
§ 131.23 Separability.
If any provision of this part, or the
application of any provision of tills part
to any person or circumstance, is held
invalid, the application of such provision
to other persons or circumstances, and
the remainder of this part, shall not be
affected thereby.
lFRDoc.75-32C:3 Piled ll--26-V.r>:8:45 !im|
.S. GOVERNMENT PRINTING OFFICE: 1975-210-810:73
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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