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:

(1) 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 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 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.

§ 130.24 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 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, § 130.55.)

1975. (See

§ 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.)

(See

(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

(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.

a

§ 130.42 Schedule for plan preparation. (a) The process shall establish 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 ventory.

State municipal discharge in

(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 certain 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.

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