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.
                                    17

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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.
                                   20

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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
                                21

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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	.
                                    22

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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.
                                   24

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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).
                            25

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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.
                                 26

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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.
                                  27

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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.
                                   28

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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
                                                        continued...

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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
                                    A-l

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

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

    (6)  The State shall act as a planning agency for all portions of such
         State which are not designated under paragraphs (2), (3), or (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
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      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
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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.
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     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

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                                            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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