continuing planning process water quality management basin plan U.S. ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. O.C. 20460 ------- What is the State continuing planning process? The stated objective of Congress in enacting the Federal Water Pollution Control Act Amendments of 1972 is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters—in other words, to clean up our rivers, lakes and streams. In developing the Act, it was a Congressional policy to recognize, preserve and protect the primary responsibilities and rights of States to abate and control pollution and to plan the de- velopment and use of land and water resources. The Congress also recognized the necessity of public involvement in the abatement and control activities. The complexity of the water quality control problems in the United States required that each State have an effective water quality management program which could make centralized, coordi- nated water quality management decisions for the State, consistent witn the national strategy of the L.S. Environmental Protection Agency (EPA). For this reason, the State continuing planning process was incorporated under Section 303(e) of the Act. The planning process is directed toward the establishment and attainment of water quality standards designed to achieve the goals set forth in the Act, and is intended to be an effective and dynamic management tool at the State level to assist in implementing Federal and State programs designed to achieve clean water. What are the goals and purposes of the State continuing planning process? The broad goals of the continuing planning process are threefold: • To provide the States with the water quality assessment and program management informa- tion necessary to make centralized, coordinated management decisions. • To encourage water quality objectives which take into account overall State policies and pro- grams, including those for land use and other related natural resources. • To furnish the strategic guidance for developing the annual State piogram submittal under Sec- tion 106 of the Act. The planning process serves as a mechanism for the development of the annual State program ------- submittal. Tn addition, the States develop their annual State strategy and individual basin plans through the process. The elements of the State strategy and basin planning are described later on. The process begins with a monitoring and sur- veillance program of the State's waters. From the best available data obtained from this program individual basin plans are developed. From these basin plans, combined with other available in- formation, States develop their annual State strategy. The annual State strategy assists the State: • Tn providing the required analysis for estab- lishing and revising water quality standards and insuring the attainment of applicable standards. • In directing resources—planning, monitor- ing, permitting and financial assistance against water quality problems on a priority basis. • Tn establishing a coordinated schedule of action. • Tn reporting on progress in achieving pro- gram targets and scheduled milestones. • Tn specifying the requirements for, and scheduling the completion of, basin plans for all State waters. • Tn insuring public participation in the de- velopment of the planning process and of basin plans. • Tn determining the impact of nonpoint (special) sources of pollution on State water quality and, where feasible, developing methods and procedures to control such sources on a Statewide basis. (Point sources are discrete conveyances (i.e., pipe or chan- nel) which discharge polluted effluent from sources such as wastewater treatment plants or industries. Nonpoint sources are other sources of pollution, including stormwater runoff, construction, agriculture, or other activities.) State water quality management is created through the annual State program submittal. This program submittal consists of the annual State strategy, plus resource output commitments and a State evaluation and report. The State reports are coordinated at the Federal level with the annual EPA strategy. ------- EPA reviews the State programs to insure that progress toward national objectives and priorities is attained. From this evaluation, program and resource guidance and assistance is provided-to the States. Thus, the annual State program sub- mittal is an integral part of the EPA's Federal water quality management program, directed to- ward the attainment of State water quality standards. What specifically does the planning process in- clude? EPA recently published regulations specifying procedural and other requirements for the sub- mission and approval of State continuing planning processes, describing: General requirements. The preparation and phasing of basin plans is provided for. An im- portant consideration is the classification of segments within a basin. Segments are portions of a basin whose surface waters have common hydrological characteristics, common natural physical, chemical, and biological processes, and common reactions to pollutant discharges. Based upon the instream water quality, a segment is classified either as an effluent limita- tions segment or a water quality segment. An effluent limitations segment is one in which water quality will meet, and continue to meet, all applicable water quality standards after the application of minimum national effluent limita- tions established by the EPA for point-source discharges and municipal treatment works. A water quality segment is one in which water quality will meet applicable water standards only after application of more stringent efflu- ent limitations. Requirements for basin plans. The planning process must provide for the development of individual basin plans for all State waters. Requirements for the annual State strategy. The State strategy contains a Statewide assessment of water quality problems and their causes (in- cluding nonpoint pollution sources), a listing of the geographical priorities of these prob- lems, and a description of the State's approach to solving the problems identified. Priorities and scheduling of permits, construction grants, basin and area wide plans, and other program ------- actions needed to solve water quality problems are also included. Based on the assessment of problems and causes, each segment is then ranked in a priority order. The ranking criteria account for the severity of pollution, population affected, the preservation of high quality waters, and national EPA priorities. Each State is further required to establish a State municipal dis- charge inventory and a State industrial dis- charge inventory, ranking significant dischargers consistent with the segment priority rankings. Submission and approval of the planning process. The Governor of each State must sub- mit the process to the EPA Regional Ad- ministrator for approval. Within 30 days, the Administrator notifies the Governor of approval or disapproval with any necessary revisions and time period of rcsubmission attached. At this time, essentially all State processes arc completed and approved. The development of an effective planning process is crucial to effective water Quality man- agement. The annual State strategy, State program plan and individual basin plans all depend on, and are developed through, the State continuing planning process. Approval of the planning proc- ess may be withdrawn based on gross failure to comply with the schedule for basin plan prepara- tion, or failure of basin plans to conform with process requirements. Tn addition, State participa- tion in the National Pollutant Discharge Elimina- tion System permit program may also be with- drawn. This underscores the importance of an effective State planning process for the manage- ment of the Nation's water quality. What is a water quality management basin plan? A water quality management basin plan is a management document identifying the water quality problems of a particular basin and setting forth an effective remedial program to alleviate those problems. The value of a basin plan lies in its utility in making water quality management decisions on a basinwide scale. Basinwide plan- ning decisions take advantage of the economics of large scale planning, coordinating pollution con- trol efforts on all waters of the common drainage basin. Tt is an essential element of the State water ------- quality management program, and is prepared under the State continuing planning process. A basin plan provides for orderly water quality management by: Identifying problems. Water quality is assessed in terms of applicable standards, considering both point and nonpoint sources of pollution. Assessing needs and priorities. Water quality and abatement needs are assessed in order to identify deficiencies in the Statewide segment priority rankings and discharge inventories. Scheduling actions. Where permits have been issued, compliance schedules are set forth. Target abatement dates are established where permits have not been issued. Coordinating planning. Needs and priorities are identified for Section 201 facilities plans and Section 208 arcawidc plans within the planning basin. (Numbers refer to Sections of the Act, the authority for the two types of plans.) How does a basin plan relate to other planning programs? Planning and management programs are stressed by the Water Pollution Control Act in the achievement and maintenance of clean water. The Act has established several distinct, inter- related levels of planning. Each has its own scope and purposes, and depends on one another for their ultimate effectiveness. The basin plan deals with a river basin, the area drained by a river and its tributaries, which is typically a large geographical area. It assesses for the entire basin, I he nature and extent of the pollu- tion of its waters, in order to plan a strategy for bringing substandard waters up to water quality standards and to prevent the degradation of high quality waters From this assessment, the allow- able volume of pollutants which can be discharged into each segment is determined, allocating loads to each point source as a basis for permits. It is also concerned with the establishment of priorities for the construction and modification of treatment plants needed throughout the basin. Since 208 areawide planning and 201 facilities planning arc both carried out within the boundaries of the river basin, both planning processes must conform to ------- the management strategy and constraints of the basin plan. Arcawidc planning is generally confined to those areas of the basin where there arc complex urban/industrial or nonpoint source water quality problems that cannot be solved by base level technology alone (e.g. secondary treatment). The Governor of each State designates areas for the areawide planning program. The program, how- ever, stresses planning and management by local governments (with State guidance and assistance) in finding and implementing solutions to common water quality management problems. It calls for a special management structure to carry out the planning, and provides grants to help local govern- ments cover their planning costs. Areawide plan- ning incorporates a permit system for municipal and industrial discharges, deals with urban non- point pollution sources, and integrates the water quality management program with other environ- mental and developmental activities. Narrowing the scope still further, the 201 fa- cilities plan deals with the actual facilities needed to achieve water quality improvement and mainte- nance. A 201 plan is formulated incident to con- structing or modifying a sewage treatment plant and its related facilities. The resulting highly de- tailed plan reflects the problems experienced by the individual community and is used to evaluate a number of alternative methods or techniques of wastcwater treatment and disposal. The alternative plan chosen considers economic, social, and en- vironmental factors, so as to achieve the most benefit for the least cost. On the same basinwidc scale, the scope of a water quality management basin plan is broadened by a water resources basin plan (level B plan) prepared under Section 209 of the Act. This plan is intended to set forth a broad strategy for long- term river basin management. Besides water quality, it includes considerations of water supply, transportation, recreation, and others. The 209 plan needs, therefore, to build upon the 303(c) water quality basin plan, as well as all 208 areas and specific facilities within the basin. What's contained in a water qualify management basin plan? The elements of a basin plan vary with the water quality problems and decisions to be made ------- in a particular basin. The level of detail and schedule of basin plan preparation is also depend- ent upon the characteristic problems of the basin. As stated earlier, all waters within the planning basin must be classified as cither a water quality or effluent limitations segment, the specific con- tents of the plan being dependent upon this desig- nation. Basin plans have six major areas of concen- tration: 1) Setting and recommending revisions of water quality standards, including the antidegra- dation statement, applicable to each segment or body of water in the basin. 2) Point source management provisions, in- BASIN PLANNING ELEMENTS Wafer Effluent Quality Limitation Element Segments Segments 1) Inventory and ranking of significant dischargers 2) Schedules of compliance or target dates of abatement 3) Assessment of municipal needs 4) Determination of total maximum daily loads 5) Individual point source load allocations 6) Individual nonpoint source assessment 7) Establishment of residual waste control process 8) Revisions to water quality standards 9) Identification of relation- ship to other plans 10) Appropriate monitoring and surveillance program 1 1) Interstate and Intergovern- mental cooperation X X X X X X X X X X X X X X X X X X 8 ------- eluding significant discharge inventories and data assembly. 3) Schedules of compliance or target abatement dates. 4) Waste load analysis in water quality seg- ments. For each parameter in violation of standards, point source load allocations arc established to assure attainment of applic- able mstream water quality standards. 5) A recognition of nonpoint sources in water quality segments. 6) The assessment of needs for municipal wastewatcr treatment facilities. This assess- ment is used to develop a detailed cost estimate of future needs submitted bien- nially to Congress through the EPA. The biennial report forms the basis for alloca- tions to the various States of Federal con- struction grant assistance. The regulations for developing basin plans out- line 11 elements to be included in all plans. These elements correspond to the segment classifications as indicated in the table. Who does what in developing the continuing planning process and basin plans? It has been shown that the State continuing planning process has been designed to give the States the primary responsibility to establish and implement water quality management programs within the States. Direct Federal involvement will be held to a minimum, and local and citizen in- volvement is required, since water quality prob- lems are a matter of public concern. With this in mind, we can summarize the way that local, State, and Federal officials participate in develop- ing the State continuing planning process. THE LOCAL ROLE: Local officials advise the Governor about water quality problems within their area. They can participate in a 208 arcawide planning agency, or in the formulation of 201 facilities plans. Their involvement can extend to the reviewing of basin plans and the State planning process, to determine whether or not they meet the water quality man- agement needs of the local area. THE STATE ROLE: • The State Governor appoints the agency ------- responsible for developing the State con- tinuing planning process, from which the State develops both its 303 (e) basin plans and the annual Section 106 State program submittal. • The Governor submits the planning process and basin plans to the Regional Administra- tor for approval. All basin plans arc certified by the Governor to be the official water quality management program for the hydro- logical unit covered, that they meet all rules and regulations, and that they will be used for establishing all permit conditions, target abatement dates, and assessing of priorities for awarding construction grants. • The State reviews the continuing planning process annually, makes all necessary revi- sions, and submits these revisions along with the annual 106 State program plan. All basin plans must be revised at least every five years, so that they will remain meaningful water quality management documents for the five-year-period following revision. THE FEDERAL ROLE: • Through its regional offices, EPA coordi- nates the 106 State programs with its na- tional objectives and strategy. • The regional office reviews all State con- tinuing planning process and basin plan submittals within 30 days of their reception, and indicates cither approval or disapproval with necessary revisions attached. • The regional office also reviews all inter- state basin plans to assure compatibility, and investigates coordination of basin plans with 208 arcawide plans, 201 facilities plans, the planning process, and the National Pollutant Discharge Elimination System of permitting. What is the role of the public in water quality management planning? To solve the water quality problems of an area, decisions must be made on a number of issues that are inescapably of concern to the public. The decisions can have a significant effect on the community. Among the issues are land use; development, siting, construction, and even the priority of treatment facilities; solid waste disposal; and nonpomt source control. 10 ------- The public should be informed and brought into the planning processes early for consultation and exchange of views between the agency and interested or affected individuals and organiza- tions. Congressional concern for adequate involve- ment is expressed in Section 101(c) of the Water Act which requires that public participa- tion in the development of all plans, programs, regulations, and standards shall be provided for, encouraged, and assisted by the EPA Adminis- trator in cooperation with the States. Regulations governing public participation state that each agency shall have a continuing agency program for public participation in the development or revision of plans—or other sig- nificant action prior to dccisionmaking. Advisory groups, ad hoc committees, or workshop meet- ings may serve the purpose. The regulations for water quality management basin plans provide for public hearings that begin early in the development of a plan. The hearings arc characterized as having three necessary ele- ments: total public disclosure, planning agency representation at hearings, and sufficient oppor- tunity for expression and consideration of public views. Basin planning establishes the management strategy for an entire basin, permitting the public to place all local decisions in perspective with basmvvidc management objectives. When public participation is given recognition and is adequately provided for, the benefits arc significant. Input by an informed public can give the States and local planning agencies useful in- formation that reflects community altitudes to- wards the issues involved, and helps clarify the impact of alternatives on the community as a whole. Public acceptance and support as well as legitimacy are achieved only through public in- volvement. It is therefore important that inform- ing the public and providing for adequate public involvement start early in the planning process. An informed public, familiar with the aspects of planning, the issues, and the decisions to be made can contribute in a meaningful way to intelligent dccisionmaking. The State continuing planning process and the 11 ------- water quality basin plan are vital elements in attaining and managing the quality of the Nation's waters. Every citizen, therefore, should take ad- vantage of the unique opportunity for contributing to the dccisionmaking process, realizing his full potential in an agency-community partnership in the campaign to clean up our rivers, lakes, and streams. Although every citizen should recognize and act upon the opportunity, public participa- tion does not happen spontaneously. It is thus the responsibility of the planning agency to seek out those who can contribute intelligently as well as those who will be affected by the plan and persuade them to become involved. JANUARY 1975 P o -0 O C S> c m ui •< r- O ------- |