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action of the Environmental Protection Agency.
(c) Where the determinations of the Regional Administrator pursuant to paragraph (a) of this section with respect to any permit are substantially changed from the tentative determinations and draft permit prepared pursuant to $ 125.31, the Regional Administrator shall forward his revised determinations to the applicant, and shall give public notice of such revised determinations in the manner specified in 8 125.32. If within 30 days following the date of such notice, no request for an adjudicatory hearing meeting the requirements of $ 125.34(c) and subsection (d) of this section has been received, the determinations of the Regional Administrator shall become final and he shall issue or deny the permit as appropriate and such action shall be the final action of the Environmental Protection Agency: Provided, The Regional Administrator may decide to hold a public hearing pursuant to $ 125.34 (b).
(d) A request for an adjudicatory hearing under this section will only be granted when such request meets all the requirements of $ 125.34(c) and such request pertains to the substantial changes proposed with respect to such permit by the Regional Administrator.
(e) When a hearing in held pursuant to $ 125.34, final actions of the Environmental Protection Agency will be made pursuant to that section.
Sec. 130.27 Inventory of individual dischargers. 130.28 Assessment of municipal needs for
publicly owned waste treatmest
works. 130.29 Nonpoint sources of pollutants. 130.30 Monitoring and surveillance. 130.31 Intergovernmental cooperation. 130.32 Adoption of plans. Subpart D-Preparation of Annual State Strategy 130.40 State strategy. 130.41 Problem assessment and priorities. 130.42 Schedule for plan preparation. 130.43 State municipal discharge inventory. 130.44 State industrial discharge inventory. Subpart E-Requirements for Approval of Plan
ning Process; Reports 130.50 Submission of process. 130.51 Contents of process submittal. 130.52 Planning process review; approval or
disapproval. 130.53 Prohibition of approval of certain
planning processes. 130.54 Revisions. 130.55 Reports. Subpart F- Relationship
of Process to Permit and Construction Grant Programs 130.60 Relationship of continuing planning
process with State participation in National Pollutant Discharge Elim
ination System. 13 Relationship of continuing planning
process with construction grants. AUTHORITY: Secs. 303 and 501, 86 Stat. 816; 33 U.S.C. 1314 (1972).
SOURCE: 38 FR 8035, Mar. 27, 1973, unless otherwise noted. Subpart A-Scope and Purpose;
Definitions $ 130.1 Scope and purpose.
(a) This part establishes regulations specifying procedural and other elements which must be present in a state continuing planning process to obtain approval of the Administrator pursuant to section 303(e) of the Federal Water Pollution Control Act, as amended, 86 Stat. 816, 33 U.S.C. 1314. This part provides that each State must achieve compliance with the requirements of this regulation not later than June 30, 1975, and includes specification of levels of compliance which shall be achieved prior to that date.
(b) The purpose of the continuing planning process is: To provide the States the water quality assessment and program management information necessary to make centralized coordinated water quality management decisions; to provide the strategic guidance for developing the State program submittal under
PART 130_STATE CONTINUING
PLANNING PROCESS Subpart A-Scope and Purpose; Definitions Sec. 130.1 Scope and purpose. 130.2 Definitions.
Subpart B-General Requirements 130.10 Process coverage. 130.11 Classification of segments. 130.12 Planning agencies. 130.13 Legal authorities. 130.14 Public participation. 130.15 Separability.
Subpart C-Contents of Basin Plans 130.20 Level of complexity of plans. 130.21 Establishment of planning areas
(basins). 130.22 Relation between plans and other
planning provisions. 130.23 Water quality standards. 130.24 Total maximum daily loads. 130.25 Individual point source discharge al
location; impact on water quality. 130.26 Schedules of compliance.
section 105 of the Act; and to encourage (c) The term "Administrator" means water quality objectives which take into the Administrator of the U.S. Environaccount overall State policies and pro- mental Protection Agency. grams, including those for land use and (d) The term “Regional Administraother related natural resources.
tor" means the appropriate EPA Re(c) The State continuing planning gional Administrator. process is directed toward the attainment (e) The terms "continuing planning of water quality standards established process," "planning process," and "procpursuant to sections 301 and 302 of the ess" mean the continuing planning Act to achieve the goals set forth in the process required by section 303(e) of the Act. The planning process will develop Act. Such process develops the State focal an annual strategy for directing re- point for water quality management sources, establishing priorities, schedul- decisions. This includes phasing of plans ing of actions; and reporting programs to be prepared during fiscal years 1973, toward achievement of program objec- 1974, and 1975. tives.
(f) The term "plan" means the water (d) The total State planning process quality management plan for each is comprised of:
hydrologic basin or other approved basin (1) The annual State strategy, which unit within a State. Such plan constitutes sets the State's major objectives and a mechanism for implementing applicapriorities for preparing basin plans and ble effluent limitations and water quality its annual program plan.
standards, and will consist of such com(2) Individual basin plans, which ponents as are necessary for sound planestablish specific targets for controlling ning and program management in the pollution in individual basins.
basin covered by the plan. (3) The annual program plan (section Requirements for the preparation of 106), which establishes the results ex- such plans are described in Part 131 of pected and the resources committed for this chapter. the State program each year. The an- (g) The term "effluent limitation" nual plan is developed from the objec- means any restriction established by a tives and priorities of the annual State State or the Administrator on quantities, strategy, and, when available, from the rates, and concentrations of chemical, specific targets developed in basin plans. physical, biological, and other constitu(4) Reports, which measure program
ents which are discharged from point performance in achieving programmed sources into navigable waters, the waters results.
of the contiguous zone, or the ocean, but
does not include schedules of compliance. The "continuing planning process" is the
(h) The terms "schedule of implemenprocess by which the State develops the
tation" and "schedule of compliance” are foregoing plans and reports.
synonymous and mean (e) This part describes:
for each source of remedial measures to (1) The general requirements for the
be accomplished and a sequence of planning process (Subpart B).
actions or operations leading to compli(2) The content of the basin plans
ance with applicable effluent limitations, (Subpart C).
water quality standards and other re(3) The preparation of the annual
quirements of State and Federal law. State strategy (Subpart D).
(i) The term “municipal needs" means (4) The requirements for approval of
the total capital funding required for the planning process (Subpart E).
construction of publicly owned treatment (5) The relationship of the process to permit and construction grants programs
works, as defined in section 212(2) (A)
and (B) of the Act, that are required to (Subpart F).
meet national water quality objectives $ 130.2 Definitions.
of sections 301 and 302 of the Act. As used in this part, the following (j) The term "National Pollutant Disterms shall have the meanings set forth charge Elimination System" means the below.
Federal permitting system authorized (a) The term "Act” means the Federal under section 402 of the Act including Water Pollution Control Act,
any State or interstate program which amended, 33 U.S.C.
has been approved by the Administrator, (b) The term "EPA” means the U.S. in whole or in part, pursuant to section Environmental Protection Agency.
402 of the Act.
(k) The term "phasing of planning" and other natural resources planning means the State schedule approved by activities. the Regional Administrator for the (e) The process shall provide the preparation of plans, pursuant to the method by which the State shall cocontinuing planning process, during the ordinate its water quality management fiscal years 1973, 1974, and 1975.
planning with that of its neighboring (1) The term “basin" means the States. streams, rivers, and tributaries and the
Classification of segments. total land and surface water area contained in one of the 267 major and minor (a) This section establishes a classibasins defined by EPA, or other basin fication system which the process shall unit as agreed upon by the State(s) and employ to categorize segments for purthe Regional Administrator. Unless spec- poses of preparing a plan. The requireified otherwise, “basin" shall refer only ments of this part and Part 131 of this to those portions within the borders of a chapter vary according to the classifisingle State.
cation of each segment, so that the time (m) The term "segment” means a and resources to be expended in deportion of a basin the surface waters of veloping the plan for that segment, as which have common hydrologic charac- well as the substantive content of the teristics (or flow regulation patterns); plan, will be commensurate with the common natural physical, chemical, and severity of the water pollution problem. biological processes, and which have (b) This classification of segments common reactions to external stresses, shall also be utilized in constructing the e.g., discharge of pollutants.
State Discharge Priority List developed (n) The term "cluster" means two or in Subpart D of this part. more dischargers which discharge pol- (c) The classification shall be based lutants in such a way that the combina- upon measured in-stream water quality, tion of their effluents causes or may cause where available. water quality standards violations.
(d) Each segment shall be classified (0) The term “significant discharger" as follows: means any discharger who is causing (1) Water quality class. Any segment serious or critical water quality prob- where it is known that water quality lems relative to the segment to which it does not meet applicable water quality discharges.
standards and which is not expected to (p) The definitions of the following meet water quality standards even after terms contained in section 502 of the the application of the effluent limitations Act shall be applicable to such terms as required by sections 301(b) (1) (A) and used in this part unless the context 301(b) (1) (B) of the Act. otherwise requires: "State," "State water (2) Efiuent limitation class. Any segpollution control agency,” “navigable ment where water quality is meeting and waters," "point source," and "discharge.” will continue to meet applicable water Subpart B-General Requirements
quality standards or where there is ade
quate demonstration that water quality & 130.10 Process coverage.
will meet applicable water quality stand(a) The process shall provide for the
ards after the application of the effluent preparation of plans for all waters within
limitations required by sections 301(b) the State, as provided in Subpart C.
(1) (A) and 301(b) (1) (B) of the Act. (b) The process shall establish phas
(3) Any classification shall reflect any ing of plans to be accomplished during
necessary allowance for anticipated ecothe fiscal years 1973, 1974, and 1975, as
nomic and demographic growth over at provided in Subpart D.
least a 5-year period and an additional (c) The process shall provide for the
allowance reflecting the degree of pre
cision and validity of the analysis upon method by which the State shall coordi
which the classifications are based. nate all water quality planning, pro
Where the analysis is less precise or there graming and management.
is uncertainty concerning growth pro(d) The process shall provide the
jections, a greater margin of safety shall method by which the State shall coordi- be required for the assignment of any nate its water quality management plan- segment to an Efuent Limitation Class. ning with related State and local com- In determining the additional allowprehensive, and functional and project ance, consideration should be given to planning activities, including land use economic and demographic projections that are utilized in other State programs. 8 130.13 Legal authorities. (See § 131.210.)
The State shall specify that it has or (e) The classification of all waters
will seek to obtain legal authority, as should be included in the submission of
necessary, to prepare and adopt plans the planning process by the Governor of
pursuant to the planning process. each State to the Regional Administrator.
$ 130.14 Public participation. (1) Submission and approval or dis
Each process or any revision thereof approval shall also be in accordance with
shall be developed with provision for $ $ 130.50 and 130.52.
public participation in accordance with (2) Review and revisions of such clas- section 101(e) of the Act, and any regusifications shall be made in accordance lation issued by the Administrator therewith $ 130.54.
under. Public participation with ade$ 130.12 Planning agencies.
quate opportunity for public hearing
upon proper showing shall be required (a) (1) The Governor of a State shall
on significant elements of the planning designate a State agency responsible for
process including proposed State strategy conduct of the required planning. The
and priority lists developed under the Governor may designate a local or inter
continuing planning process pursuant to state agency to conduct all or any portion
section 106 regulations. of the planning within each basin and may assign planning responsibilities
$ 130.15 Separability. under the process and Part 131 of this If any provision of this part, or the chapter to any such designated agency. application of any provision of this part (2) The process shall set forth the
to any person or circumstances, is held criteria followed in designating planning invalid, the application of such provision agencies pursuant to paragraph (a) of to other persons or circumstances, and this section and in determining the juris- the remainder of this part, shall not be diction thereof. Locally elected officials of affected thereby. general purpose units of governments, and other pertinent local and areawide
Subpart C—Contents of Basin Plans organizations within the jurisdiction of § 130.20 Level of complexity of plans. the potentially designated agency shall
(a) The process shall provide that be consulted prior to any designation.
plans for water quality segments will The criteria for such determinations shall
contain all the following parts while be included.
plans for effluent limitation segments (b) (1) The initial submission shall
shall include items (4), (5), and (6). See include a specific designation of each
$ 130.11 for segment classification. planning agency responsible for conduct
(1) An assessment of total maximum ing all or any portion of the planning
daily loads necessary to meet water qualpursuant to the process within each
ity standards for the specific criteria basin. Each designation shall include:
being violated; (1) The agency's name, address, and
(2) An assessment of nonpoint source name of director.
pollution and, where applicable, needed (ii) The agency's jurisdiction (geo
control measures; graphical coverage and extent of plan
(3) Already established effluent limit ning responsibilities).
requirements for significant dischargers (2) In the event that all or a portion of
and target limits, not previously estaba plan is to be undertaken by an agency lished, for significant dischargers that other than the State water pollution are required to achieve water quality control agency, evidence from such other standards; agency shall be supplied which shows (4) An assessment of needs for pubacceptance of such designation and that licly owned treatment works; agency's intent to comply within the (5) An inventory and categorization times set forth in the process.
of significant individual discharges; (3) The State may make additional (6) Already established schedules of assignments, as set forth in this section, compliance and target dates of abatefrom time to time. Such designations ment for significant dischargers not on and delegations shall be accomplished by a compliance schedule. revising the process as provided in (b) The process will allow for basin $ 130.54.
plans containing one or more water qual
ity segments and/or one or more emu- $ 130.25 Individual point source disent limitation segments. The level of charge allocation; impact on water planning shall be related to require- quality. ments of segments within the basin.
(a) The process shall provide that $ 130.21 Establishment of planning areas each plan will identify, locate, and de(basins).
scribe each significant point source of
pollutants and any other point source The process shall provide for estab
as is appropriate in accordance with lishment of planning areas, as follows:
§ 131.206(a) of this chapter. (a) Each planning area (basin) shall
(b) The process shall provide that in be the area within the basin boundary.
water quality segments in each plan tar(b) Except as provided in paragraph
get pollutant discharge allocations and (c) of this section, the basin boundaries
thermal discharge allocations for point, shall be those identified as minor basins
and nonpoint sources where feasible, will in the EPA water quality information
be established as provided in § 131.206 system.
(b) of this chapter. (c) The process may provide for the
(c) The process shall provide that establishment of planning boundaries
each plan will establish controls over differing from those identified in the
the disposition of all residual waste from EPA basin system. Any such differing
any municipal, industrial, or other waboundaries shall be submitted to the
ter or waste water treatment processing, Regional Administrator for approval.
as prescribed in $ 131.203(e) of this (d) The initial submission shall in
chapter. clude a map of adequate scale clearly delineating the boundaries of each pro
$ 130.26 Schedules of compliance. posed basin within the State and an The process shall provide that each identification of the basin's segments. plan will develop schedules of compli(See § 131.201 of this chapter.)
ance or target dates of abatement as pre8 130.22 Relation between plans and
scribed in 131.207 of this chapter. other planning provisions.
$ 130.27 Inventory of individual disThe process shall provide that each
chargers. basin plan will be coordinated with each (a) The process shall provide that applicable water quality subplan (see each plan will include an inventory of 8 131.204 of this chapter) and other ap- significant dischargers and categorizaplicable State and local plans including tion of these dischargers by segment. land use and natural resources plans for Such inventory and categorization shall the basin.
be used: $ 130.23 Water quality standards.
(1) In determining projects for con
struction, with Federal financial assistThe process shall provide that each
ance, of publicly owned waste water basin plan will set forth the water qual- facilities required to meet the applicable ity standards applicable to the navigable requirements of the Act. waters covered by the plan. (See § 131.
(2) For the issuance of permits to 202 of this chapter.) The process, in
municipal, industrial, and other point cluding the basin plans developed as
source discharges. part of the process, shall be the one used by the States to assist in making the $ 130.28 Assessment of municipal needs necessary revisions of water quality
for publicly owned water treatment
works. standards to bring them into conformance with the goals of the Act.
The process shall provide that each
plan will assess the needs for publicly $ 130.24 Total maximum daily loads.
owned waste treatment works in the The process shall provide that for each
basin, as prescribed in § 131.210 of this water quality segment the plan will es- chapter. tablish total maximum permissible daily
$ 130.29 loads, including consideration of non
Nonpoint sources of pollutants. point source contributions, required to The process shall provide that in water meet the applicable violated water qual- quality segments each plan will identify, ity standard as provided in § 131.205(a) evaluate, and, to the extent possible, of this chapter.
establish controls over nonpoint sources