section 106 of the Act; and to encourage water quality objectives which take into account overall State policies and programs, including those for land use and other related natural resources.

(c) The State continuing planning process is directed toward the attainment of water quality standards established pursuant to sections 301 and 302 of the Act to achieve the goals set forth in the Act. The planning process will develop an annual strategy for directing resources, establishing priorities, scheduling of actions; and reporting programs toward achievement of program objectives.

(d) The total State planning process is comprised of:

(1) The annual State strategy, which sets the State's major objectives and priorities for preparing basin plans and its annual program plan.

(2) Individual basin plans, which establish specific targets for controlling pollution in individual basins.

(3) The annual program plan (section 106), which establishes the results expected and the resources committed for the State program each year. The annual plan is developed from the objectives and priorities of the annual State strategy, and, when available, from the specific targets developed in basin plans.

(4) Reports, which measure program performance in achieving programmed results.

The "continuing planning process" is the process by which the State develops the foregoing plans and reports.

(e) This part describes:

(1) The general requirements for the planning process (Subpart B).

(2) The content of the basin plans (Subpart C).

(3) The preparation of the annual State strategy (Subpart D).

(4) The requirements for approval of the planning process (Subpart E).

(5) The relationship of the process to permit and construction grants programs (Subpart F).

et seq. (b) The term "EPA" means the U.S. Environmental Protection Agency.

(c) The term "Administrator" means the Administrator of the U.S. Environmental Protection Agency.

(d) The term "Regional Administrator" means the appropriate EPA Regional Administrator.

(e) The terms "continuing planning process," "planning process," and "process" mean the continuing planning process required by section 303 (e) of the Act. Such process develops the State focal point for water quality management decisions. This includes phasing of plans to be prepared during fiscal years 1973, 1974, and 1975.

(f) The term "plan" means the water quality management plan for each hydrologic basin or other approved basin unit within a State. Such plan constitutes a mechanism for implementing applicable effluent limitations and water quality standards, and will consist of such components as are necessary for sound planning and program management in the basin covered by the plan.

Requirements for the preparation of such plans are described in Part 131 of this chapter.

(g) 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 constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, but does not include schedules of compliance.

(h) The terms "schedule of implementation" and "schedule of compliance" are synonymous and mean a description for each source of remedial measures to be accomplished and a sequence of actions or operations leading to compliance with applicable effluent limitations, water quality standards and other requirements of State and Federal law.

(i) The term "municipal needs" means the total capital funding required for construction of publicly owned treatment works, as defined in section 212(2) (A) and (B) of the Act, that are required to meet national water quality objectives of sections 301 and 302 of the Act.

(j) The term "National Pollutant Discharge Elimination System" means the Federal permitting system authorized under section 402 of the Act including any State or interstate program which has been approved by the Administrator, in whole or in part, pursuant to section 402 of the Act.

(k) The term "phasing of planning" means the State schedule approved by the Regional Administrator for the preparation of plans, pursuant to the continuing planning process, during the fiscal years 1973, 1974, and 1975.

(1) The term "basin" means the streams, rivers, and tributaries and the total land and surface water area contained in one of the 267 major and minor basins defined by EPA, or other basin unit as agreed upon by the State(s) and the Regional Administrator. Unless specified otherwise, "basin" shall refer only to those portions within the borders of a single State.

(m) The term "segment" means a portion of a basin the surface waters of which have common hydrologic characteristics (or flow regulation patterns); common natural physical, chemical, and biological processes, and which have common reactions to external stresses, e.g., discharge of pollutants.

(n) The term "cluster" means two or more dischargers which discharge pollutants in such a way that the combination of their effluents causes or may cause water quality standards violations.

(0) The term "significant discharger" means any discharger who is causing serious or critical water quality problems relative to the segment to which it discharges.

(p) The definitions of the following terms contained in section 502 of the Act shall be applicable to such terms as used in this part unless the context otherwise requires: "State," "State water pollution control agency," "navigable waters," "point source," and "discharge."

Subpart B-General Requirements

§ 130.10 Process coverage.

(a) The process shall provide for the preparation of plans for all waters within the State, as provided in Subpart C.

(b) The process shall establish phasing of plans to be accomplished during the fiscal years 1973, 1974, and 1975, as provided in Subpart D.

(c) The process shall provide for the method by which the State shall coordinate all water quality planning, programing and management.

(d) The process shall provide the method by which the State shall coordinate its water quality management planning with related State and local comprehensive, and functional and project planning activities, including land use

and other natural resources planning activities.

(e) The process shall provide the method by which the State shall coordinate its water quality management planning with that of its neighboring States.

§ 130.11 Classification of segments.

(a) This section establishes a classification system which the process shall employ to categorize segments for purposes of preparing a plan. The requirements of this part and Part 131 of this chapter vary according to the classification of each segment, so that the time and resources to be expended in developing the plan for that segment, as well as the substantive content of the plan, will be commensurate with the severity of the water pollution problem.

(b) This classification of segments shall also be utilized in constructing the State Discharge Priority List developed in Subpart D of this part.

(c) The classification shall be based upon measured in-stream water quality, where available.

(d) Each segment shall be classified as follows:

(1) Water quality class. Any segment where it is known that water quality does not meet applicable water quality standards and which is not expected to meet water quality standards even after the application of the effluent limitations required by sections 301(b)(1)(A) and 301(b) (1) (B) of the Act.

(2) Effluent limitation class. Any segment where water quality is meeting and will continue to meet applicable water quality standards or where there is adequate demonstration that water quality will meet applicable water quality standards after the application of the effluent limitations required by sections 301(b) (1) (A) and 301(b) (1) (B) of the Act.

(3) Any classification shall reflect any necessary allowance for anticipated economic and demographic growth over at least a 5-year period and an additional allowance reflecting the degree of precision and validity of the analysis upon which the classifications are based. Where the analysis is less precise or there is uncertainty concerning growth projections, a greater margin of safety shall be required for the assignment of any segment to an Effluent Limitation Class. In determining the additional allowance, consideration should be given to economic and demographic projections

that are utilized in other State programs. (See § 131.210.)

(e) The classification of all waters should be included in the submission of the planning process by the Governor of each State to the Regional Administrator.

(1) Submission and approval or disapproval shall also be in accordance with §§ 130.50 and 130.52.

(2) Review and revisions of such classifications shall be made in accordance with § 130.54.

§ 130.12 Planning agencies.

(a) (1) The Governor of a State shall designate a State agency responsible for conduct of the required planning. The Governor may designate a local or interstate agency to conduct all or any portion of the planning within each basin and may assign planning responsibilities under the process and Part 131 of this chapter to any such designated agency.

(2) The process shall set forth the criteria followed in designating planning agencies pursuant to paragraph (a) of this section and in determining the jurisdiction thereof. Locally elected officials of general purpose units of governments, and other pertinent local and areawide organizations within the jurisdiction of the potentially designated agency shall be consulted prior to any designation. The criteria for such determinations shall be included.

(b) (1) The initial submission shall include a specific designation of each planning agency responsible for conducting all or any portion of the planning pursuant to the process within each basin. Each designation shall include:

(i) The agency's name, address, and name of director.

(ii) The agency's jurisdiction (geographical coverage and extent of planning responsibilities).

(2) In the event that all or a portion of a plan is to be undertaken by an agency other than the State water pollution control agency, evidence from such other agency shall be supplied which shows acceptance of such designation and that agency's intent to comply within the times set forth in the process.

(3) The State may make additional assignments, as set forth in this section, from time to time. Such designations and delegations shall be accomplished by revising the process as provided in § 130.54.

97-025-73- -53

§ 130.13 Legal authorities.

The State shall specify that it has or will seek to obtain legal authority, as necessary, to prepare and adopt plans pursuant to the planning process.

§ 130.14 Public participation.

Each process or any revision thereof shall be developed with provision for public participation in accordance with section 101 (e) of the Act, and any regulation issued by the Administrator thereunder. Public participation with adequate opportunity for public hearing upon proper showing shall be required on significant elements of the planning process including proposed State strategy and priority lists developed under the continuing planning process pursuant to section 106 regulations.

If any provision of this part, or the application of any provision of this part to any person or circumstances, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this part, shall not be affected thereby.

Subpart C-Contents of Basin Plans § 130.20

Level of complexity of plans. (a) The process shall provide that plans for water quality segments will contain all the following parts while plans for effluent limitation segments shall include items (4), (5), and (6). See § 130.11 for segment classification.

(1) An assessment of total maximum daily loads necessary to meet water quality standards for the specific criteria being violated;

(2) An assessment of nonpoint source pollution and, where applicable, needed control measures;

(3) Already established effluent limit requirements for significant dischargers and target limits, not previously established, for significant dischargers that are required to achieve water quality standards;

(4) An assessment of needs for publicly owned treatment works;

(5) An inventory and categorization of significant individual discharges;

(6) Already established schedules of compliance and target dates of abatement for significant dischargers not on a compliance schedule.

(b) The process will allow for basin plans containing one or more water qual

ity segments and/or one or more effiuent limitation segments. The level of planning shall be related to requirements of segments within the basin.

§ 130.21 Establishment of planning areas (basins).

The process shall provide for establishment of planning areas, as follows:

(a) Each planning area (basin) shall be the area within the basin boundary.

(b) Except as provided in paragraph (c) of this section, the basin boundaries shall be those identified as minor basins in the EPA water quality information system.

(c) The process may provide for the establishment of planning boundaries differing from those identified in the EPA basin system. Any such differing boundaries shall be submitted to the Regional Administrator for approval.

(d) The initial submission shall include a map of adequate scale clearly delineating the boundaries of each proposed basin within the State and an identification of the basin's segments. (See § 131.201 of this chapter.)

§ 130.22

Relation between plans and other planning provisions.

The process shall provide that each basin plan will be coordinated with each applicable water quality subplan (see § 131.204 of this chapter) and other applicable State and local plans including land use and natural resources plans for the basin.

§ 130.23 Water quality standards.

The process shall provide that each basin plan will set forth the water quality standards applicable to the navigable waters covered by the plan. (See § 131.202 of this chapter.) The process, including the basin plans developed as part of the process, shall be the one used by the States to assist in making the necessary revisions of water quality standards to bring them into conformance with the goals of the Act.

§ 130.25 Individual point source discharge allocation; impact on water quality.

(a) The process shall provide that each plan will identify, locate, and describe each significant point source of pollutants and any other point source as is appropriate in accordance with § 131.206(a) of this chapter.

(b) The process shall provide that in water quality segments in each plan target pollutant discharge allocations and thermal discharge allocations for point, and nonpoint sources where feasible, will be established as provided in § 131.206 (b) of this chapter.

(c) The process shall provide that each plan will establish controls over the disposition of all residual waste from any municipal, industrial, or other water or waste water treatment processing, as prescribed in § 131.203 (e) of this chapter.

§ 130.26 Schedules of compliance.

The process shall provide that each plan will develop schedules of compliance or target dates of abatement as prescribed in § 131.207 of this chapter.

§ 130.27 Inventory of individual dischargers.

(a) The process shall provide that each plan will include an inventory of significant dischargers and categorization of these dischargers by segment. Such inventory and categorization shall be used:

(1) In determining projects for construction, with Federal financial assistance, of publicly owned waste water facilities required to meet the applicable requirements of the Act.

(2) For the issuance of permits to municipal, industrial, and other point source discharges.

of pollutants, as prescribed in § 131.211 of this chapter.

§ 130.30 Monitoring and surveillance.

(a) The process shall provide for a monitoring and surveillance program which is designed to assure collection of data necessary to establish and review water quality goals, determine maximum daily loads, load allocations and effluent limitations, as described in §§ 130.24 and 130.25; establish the relationship between water quality and individual discharges and identify non-point sources of pollutants.

(b) Each monitoring and surveillance program shall include a program for producing the annual reports required under section 305(b), beginning with the report required by January 1, 1975. (See § 130.55.)

§ 130.31 Intergovernmental cooperation.

(a) The process shall provide that in the preparation of basin plans, areawide and local planning inputs will be reviewed and will be included in the basin plan as appropriate. (See § 130.22.)

(b) The process shall provide that local governments within the State will be encouraged to utilize existing or carry out appropriate institutional or other arrangements with other local governments, in the same State, for cooperation in the development and implementation of plans.

(c) The process shall provide for interstate cooperation whenever a plan involves the interests of more than one State. Such provision shall include the following assurances:

(1) That when a plan is under development in the State for an area affecting or affected by waters of one or more other States, the planning agency will cooperate with each such other State in the analyses and planning pertinent to such area including but not limited to problem assessment and priorities and schedule for plan preparation. §§ 130.41 and 130.42.)

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(2) That when a plan is under development in another State for an area affecting or affected by waters of the State, the State will cooperate with such other State in the analyses and planning pertinent to such area.

(d) The use of interstate agencies in all phases of interstate cooperation in water quality management planning is encouraged.

(e) The process shall describe the mechanism for approval of water quality management plans involving interstate waters.

§ 130.32 Adoption of plans.

The process shall provide that the plans will be officially adopted, after appropriate public hearings, as the official water quality management plans of the State and that the plans may be revised, after public hearings, as appropriate. Hearings will be held on the plan except for those portions of the plan where hearings were previously held; for example, on segments where public hearings were held in conjunction with the issuance of permits. (See §§ 131.401 and 131.404 of this chapter.)

Subpart D-Preparation of Annual Strategy § 130.40 State strategy.

(a) The planning process shall provide for the preparation of an annual State strategy. The Governor or his designee(s) shall be provided with the opportunity for involvement in the identification and resolution of significant issues in the formulation of the State strategy. The strategy shall contain:

(1) A statewide assessment of water quality problems and the causes of these problems;

(2) A listing of the geographical or discharger priorities of these problems;

(3) A listing of the priorities and scheduling of permits, construction grants, basin plans, and other appropriate program actions;

(b) The strategy should be based upon information derived from completed plans when available and from available information in areas where plans are not complete.

(c) The strategy shall be submitted as part of the section 106 State program submittal as required pursuant to