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$ 130.10 )

(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

$ 130.11 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 classifi. single State.

cation of each segment, so that the time (m) The term "segment" means 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 efiuent 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) Effluent 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 8 130.10 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 Effluent 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

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that are utilized in other state programs. $ 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

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ity segments and/or one or more effluent 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 th 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. $ 130.24 Total maximum daily loads.

The process shall provide that for each water quality segment the plan will establish total maximum permissible daily loads, including consideration of nonpoint source contributions, required to meet the applicable violated water quality standard as provided in § 131.205(a) of this chapter.

$ 130.25 Individual point source dis

charge 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 dis

chargers. (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. $ 130.28 Assessment of municipal needs

for publicly owned water treatment

works. The process shall provide that each plan will assess the needs for publicly owned waste treatment works in the basin, as prescribed in § 131.210 of this chapter. $ 130.29 Nonpoint sources of pollutants.

The process shall provide that in water quality segments each plan will identify, evaluate, and, to the extent possible, establish controls over nonpoint sources

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 effiuent 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. (See $$ 130.41 and 130.42.)

(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 required pursuant to $ 130.55. $ 130.41 Problem assessment and prior

ities. (a) Based on the annual statewide assessm

the water quality problems and causes of these problems developed pursuant to $ 130.40(a) (1), the State shall rank each segment in priority order. taking into account:

(1) Severity of pollution problems.
(2) Population affected.

(3) Need for preservation of high quality waters.

as

a

(4) National priorities as determined at least once each year as required purby the Administrator.

suant to $ 130.55. (b) Segments of the same basin need (c) The State Municipal Discharge In. not be listed together; however, their ventory shall be prepared as follows: ranking in the State list shall be con- (1) The State shall rank and catesistent with their ranking in any ap- gorize significant municipal dischargers proved plan.

consistent with the segment rankings (c) This ranking shall generally gov- contained in $ 130.41. ern the development of plans, construc- (2) Dischargers of the same basin tion of publicly owned treatment works, need not be listed together; however, issuance of permits, and other program their ranking and categorization in the activities.

State list shall be in accordance with

their ranking and categorization in any $ 130.42 Schedule for plan preparation.

approved plan. (a) The process shall establish

$ 130.44 State industrial discharge inschedule for plan preparation. The schedule shall provide a sequence for phasing

ventory. the completion of plans to assure the Each State shall establish not later orderly implementation of the planning than June 30, 1973, and shall thereafter process, consistent with existing plan- maintain, a State Industrial Discharge ning efforts and needs and the expand- Inventory. The procedures used in $ 130.ing capabilities for planning in the State. 43 for constructing and submitting the Such schedule shall determine the State's municipal inventory shall be used in depriorities for the development of plans veloping the industrial discharge invenpursuant to the process during the pe- tory. The State Industrial Discharge Inriod covered by the schedule. It shall pro- ventory shall be used in establishing vide for an initial number of plans to be priorities and output estimates for issucompleted not later than June 30, 1973; ing industrial permits to be developed as an additional number of plans to be com- part of the State program submittal repleted not later than June 30, 1974; and quired under section 106 of the Act. for remaining plans to be completed by

Subpart E-Requirements for Approval of June 30, 1975.

Planning Process; Reports (b) The schedule of basin plans shall be determined following consideration

& 130.50 Submission of process. of:

(a) The Governor of each State shall (1) The ranking of segments pursuant submit to the Regional Administrator the to $ 130.41 and the number of water continuing planning process pursuant to quality segments in the basin; and

section 303(e) of the Act. (2) Any other factors that the State

(b) Submission shall be accomplished may deem appropriate in developing and

by delivering five copies of the planning scheduling plans for sound water quality

process to the Regional Administrator management.

and a letter from the Governor notifying $ 130.43 State municipal discharge in

him of such action. ventory.

$ 130.51 Contents of process submittal. (a) Each State shall establish not

(a) The submittal shall at a minimum later than June 30, 1973, and shall there

contain the following: after maintain, a State Municipal Dis

(1) A map of the State showing basins charge Inventory. Such an inventory

and segments. shall set forth for the State a ranking

(2) A listing of the classifications of of significant muncipal dischargers. The

segments. State Municipal Discharge Inventory

(3) A description of the planning shall be used in establishing priorities

method employed to formulate plans. and output estimates for municipal facilities construction and in issuing mu

(4) A listing of the planning agency or nicipal permits to be developed as part of

agencies that will perform the planning. the State program submittal required

(5) A schedule for plan preparation. under section 106 of the Act. This list (6) A description of participation of shall become the list of municipalities re

the public in the development of the quired in § 35.915(b) of this chapter for process, including participation of local award of construction grants.

governments. (b) The State Muncipal Discharge In- (7) A specification that legal authoriventory shall be revised and submitted ties required to prepare and adopt plans

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