(4) National priorities as determined by the Administrator.

(b) Segments of the same basin need not be listed together; however, their ranking in the State list shall be consistent with their ranking in any approved plan.

(c) This ranking shall generally govern the development of plans, construction of publicly owned treatment works, issuance of permits, and other program activities.

§ 130.42 Schedule for plan preparation.

(a) The process shall establish a schedule for plan preparation. The schedule shall provide a sequence for phasing the completion of plans to assure the orderly implementation of the planning process, consistent with existing planning efforts and needs and the expanding capabilities for planning in the State. Such schedule shall determine the State's priorities for the development of plans pursuant to the process during the period covered by the schedule. It shall provide for an initial number of plans to be completed not later than June 30, 1973; an additional number of plans to be completed not later than June 30, 1974; and for remaining plans to be completed by June 30, 1975.

(b) The schedule of basin plans shall be determined following consideration of:

(1) The ranking of segments pursuant to § 130.41 and the number of water quality segments in the basin; and

(2) Any other factors that the State may deem appropriate in developing and scheduling plans for sound water quality management.

§ 130.43 State municipal discharge inventory.

(a) Each State shall establish not later than June 30, 1973, and shall thereafter maintain, a State Municipal Discharge Inventory. Such an inventory shall set forth for the State a ranking of significant muncipal dischargers. The State Municipal Discharge Inventory shall be used in establishing priorities and output estimates for municipal facilities construction and in issuing municipal permits to be developed as part of the State program submittal required under section 106 of the Act. This list shall become the list of municipalities required in § 35.915 (b) of this chapter for award of construction grants.

(b) The State Muncipal Discharge Inventory shall be revised and submitted

Each State shall establish not later than June 30, 1973, and shall thereafter maintain, a State Industrial Discharge Inventory. The procedures used in § 130.43 for constructing and submitting the municipal inventory shall be used in developing the industrial discharge inventory. The State Industrial Discharge Inventory shall be used in establishing priorities and output estimates for issuing industrial permits to be developed as part of the State program submittal required under section 106 of the Act. Subpart E-Requirements for Approval of Planning Process; Reports

§ 130.50 Submission of process.

(a) The Governor of each State shall submit to the Regional Administrator the continuing planning process pursuant to section 303 (e) of the Act.

(b) Submission shall be accomplished by delivering five copies of the planning process to the Regional Administrator and a letter from the Governor notifying him of such action.

§ 130.51

Contents of process submittal. (a) The submittal shall at a minimum contain the following:

(1) A map of the State showing basins and segments.

(2) A listing of the classifications of segments.

(3) A description of the planning method employed to formulate plans.

(4) A listing of the planning agency or agencies that will perform the planning. (5) A schedule for plan preparation.

(6) A description of participation of the public in the development of the process, including participation of local governments.

(7) A specification that legal authorities required to prepare and adopt plans

required by the planning process exist or will be obtained.

(8) A description of reports including the State strategy that will be submitted under section 106 of the Act.

§ 130.52

Planning process review; approval or disapproval.

The Regional Administrator shall approve or disapprove the planning process submitted pursuant to § 130.50 within 30 days after the date of submission, as follows:

(a) If the Regional Administrator determines that the planning process conforms with the requirements of the Act and this Part 130, he shall notify the Governor by letter.

(b) If the Regional Administrator determines that the process fails to conform with the requirements of the Act and this Part 130, he shall so notify the Governor by letter and shall state:

(1) The specific revisions necessary to obtain approval of the process; and

(2) The time period for resubmission of the revised process or portions thereof. § 130.53 Prohibition of approval of cer

tain planning processes.

The Regional Administrator shall not approve any continuing planning process which will not result in timely plans, for all navigable waters within the State, that conform with the requirements of section 303 (e) of the Act and Part 131 of this chapter, relating to such plans. Substantial failure of any plan or plans prepared pursuant to the process to conform with such applicable requirements may indicate that the planning process by which such plan or plans were developed was deficient and should be revised. Failure to accomplish necessary revisions of the planning process may result in withdrawal of approval of part or all of the process. The approval of the State participation in the National Pollutant Discharge Elimination System will be withheld or withdrawn if the process is not approved. (See § 130.60.) § 130.54 Revisions.

(a) The State shall annually review its continuing planning process and shall revise the process as may be necessary to assure the development and maintenance of current plans which will accomplish national water quality objectives in conformity with the requirements of the Act.

(b) (1) The Regional Administrator shall from time to time review each State's approved planning process for the purpose of insuring that such planning process is at all times adequate to assure the goal of paragraph (a) of this section.

(2) The State shall revise its process as necessary upon a finding by the Regional Administrator and notification by him to the State that the process is substantially inadequate to assure the goal of paragraph (a) of this section.

(3) The State shall revise its process within 60 days following notification by the Regional Administrator pursuant to subparagraph (2) of this paragraph or by such later date as may be prescribed by the Regional Administrator after consultation with the State.

(c) Revisions of the process shall be submitted in accordance with § 130.50.

(d) Review and approval or disapproval of revisions of the process shall be carried out in accordance with § 130.52.

§ 130.55 Reports.

The annual State strategy including the State Problem Assessment and Priorities described in § 130.41, the State Municipal Discharge Inventory described in § 130.43, and the State Industrial Discharge Inventory described in § 130.44, as well as any other program progress: report which may be required, shall be submitted as part of the State program submission under section 106 of the Act. 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 Elimination System.

(a) State participation in the National Pollutant Discharge Elimination System, other than the interim participation provided in section 402(a) (5) of the Act, shall not be approved for any State which does not have an approved continuing planning process.

(b) Approval of State participation in the National Pollutant Discharge Elimination System may be withdrawn from any State if approval of the continuing planning process is withdrawn following approval, including withdrawal of process approval based on gross failure to comply with the schedule for plan preparation (§§ 130.40 and 130.41) or on fail

ure of plans to conform with the process (§ 130.52).

(c) In connection with any permit issued to a significant discharger in a cluster where water quality violations occur, or are suspected to occur, and for which no plan has been approved by the Regional Administrator, the water quality impact of the discharges of all members, municipal and industrial, of the cluster to which such major discharger belongs, must be considered in connection with the issuance of such discharger's permit.

§ 130.61

Relationship of

continuing planning process with construction grants.

(a) Before approving a grant for any project for any treatment works under section 201 (g) of the Act after June 30, 1973, the Regional Administrator shall determine, pursuant to 40 CFR 35.925-2, that such works are in conformity with any applicable plan approved in accordance with this part and Part 131 of this chapter. Disapproval by the Regional Administrator of a plan, or relevant portion thereof, for the area where a project is to be located may constitute grounds for not approving a grant for such project.

(b) The Regional Administrator may suspend or terminate a grant for any project for any treatment works in accordance with § 35.950 of this chapter if he determines that such grant is inconsistent with a plan, for the area of the project, approved subsequent to approval of the grant.

to the Act. The purpose of this part is to prescribe procedures governing the giving of notice required by subsection 505(b) of the Act as a prerequisite to the commencement of such actions.

§ 135.2 Service of notice.

(a) Notice of intent to file suit pursuant to section 505(a)(1) of the Act shall be served upon an alleged violator of an effluent standard or limitation under the Act, or an order issued by the Administrator or a State with respect to such a standard or limitation, in the following manner:

(1) If the alleged violator is an individual or corporation, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, vessel, facility, or activity alleged to be in violation. A copy of the notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, and the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred. If the alleged violator is a corporation, a copy of such notice also shall be mailed to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(2) If the alleged violator is a State or local agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred, the Administrator of the Environmental Protection Agency, and the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred.

(3) If the alleged violator is a Federal agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, the Attorney General of the United States, and the Chief administrative officer of the water pollution con

trol agency for the State in which the violation is alleged to have occurred.

(b) Service of notice of intent to file suit pursuant to section 505 (a) (2) of the Act shall be accomplished by certified mail addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, D.C. 20460. A copy of such notice shall be mailed to the Attorney General of the United States.

(c) Notice given in accordance with the provisions of this part shall be deemed to have been served on the postmark date if mailed, or on the date of receipt if served personally. § 135.3 Contents of notice.

(a) Violation of standard, limitation or order.-Notice regarding an alleged violation of an effluent standard or limitation or of an order with respect thereto, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order alleged to have been violated, the activity alleged to constitute a violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name, address, and telephone number of the person giving notice.

(b) Failure to act.-Notice regarding an alleged failure of the Administrator to perform any act or duty under the Act which is not discretionary with the Administrator shall identify the provision of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is alleged to constitute a failure to perform such act or duty, and shall state the full name, address and telephone number of the person giving the notice.

For the purpose of these standards the following definitions shall apply:

(a) "Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes;

(b) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping;

(c) "Marine sanitation device" includes any equipment for installation on board a vessel and which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage;

(d) "Vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States;

(e) "New vessel" refers to any vessel on which construction was initiated on or after the date of promulgation of the standards and regulations;

(f) "Existing vessel" refers to any vessel on which construction was initiated prior to the date of promulgation of the standards and regulations;

(g) "Fecal coliform bacteria" are those organisms associated with the intestine of warm blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing disease in man.

§ 140.2 Scope of standard.

The standard adopted herein applies only to vessels on which a marine toilet facility has been installed. The standard does not require the installation of a toilet facility on any vessel that is not so equipped. The standard applies to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. § 140.3 Standard.

(a) Marine sanitation devices installed on vessels covered by these regulations shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage, into the navigable waters of the United States.

(b) This standard shall be effective for new vessels 2 years after initial promul

(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