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a sample(s) or calculation(s) representing any working day.

(4) The standards set forth in this paragraph (c) shall apply to the total combined concentrations of benzidine, excluding any associated element or compound. (42 FR 2620, Jan. 12, 1977)

a

$ 129.105 Polychlorinated Biphenyls

(PCBs). (a) Specialized definitions. (1) "PCB Manufacturer" means a manufacturer who produces polychlorinated biphenyls.

(2) "Electrical capacitor manufacturer" means à manufacturer who produces or assembles electrical capacitors in which PCB or PCB-containing compounds are part of the dielectric.

(3) "Electrical transformer manufacturer” means a manufacturer who produces or assembles electrical transformers in which PCB or PCB-containing compounds are part of the dielectric.

(4) The ambient water criterion for PCBs in navigable waters is 0.001 ug/1.

(b) PCB Manufacturer--(1) Applicability. (i) These standards or prohibitions apply to:

(A) All discharges of process wastes;

(B) All discharges from the manufacturing or incinerator areas, loading and unloading areas, storage areas, and other areas which are subject to direct contamination by PCBs as a result of the manufacturing process, including but not limited to:

(1) Stormwater and other runoff except as hereinafter provided in subparagraph (ii); and

(2) Water used for routine cleanup or cleanup of spills.

(ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of

Bs; or to stormwater runoff that exceeds that from the ten-year 24hour rainfall event.

(2) Analytical Method AcceptableEnvironmental Protection Agency method specified in 40 CFR Part 136 except that a 1-liter sample size is required to increase analytical sensitivity.

(3) Effluent Standards: (i) Existing Sources. PCBs are prohibited in any discharge from any PCB manufacturer; (ii) New Sources. PCBs are prohibited in any discharge from any PCB manufacturer.

(c) Electrical Capacitor Manufacturer—(1) Applicability. (i) These standards or prohibitions apply to:

(A) All discharges of process wastes; and

(B) All discharges from the manufacturing or incineration areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by PCBs as result of the manufacturing process, including but not limited to:

(1) Stormwater and other runoff except as hereinafter provided in subparagraph (ii); and

(2) Water used for routine cleanup or cleanup of spills.

(ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24hour rainfall event.

(2) Analytical Method Acceptable. Environmental Protection Agency method specified in 40 CFR Part 136, except that a 1-liter sample size is required to increase analytical sensitivity.

(3) Effluent Standards—(i) Existing Sources. PCBs are prohibited in any discharge from any electrical capacitor manufacturer; (ii) New Sources. PCBs are prohibited in any discharge from any electrical capacitor manufacturer.

(d) Electrical Transformer Manufacturer-(1) Applicability. (i) These standards or prohibitions apply to:

(A) All discharges of process wastes; and

(B) All discharges from the manufacturing or incineration areas, loading and unloading areas, storage areas, and other areas which are subject to direct contamination by PCBs as a result of the manufacturing process, including but not limited to: (1) Stormwater and other runoff except as hereinafter provided in subparagraph (ii); and (2) Water used for routine cleanup or cleanup of spills.

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(ii) These standards do not apply to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24hour rainfall event.

(2) Analytical Method Acceptable. Environmental Protection Agency method specified in 40 CFR Part 136, except that a 1-liter sample size is required to increase analytical sensitivity.

(3) Effluent Standards—(i) Existing Sources. PCBs are prohibited in any discharge from any electrical transformer manufacturer; (ii) New Sources. PCBs are prohibited in any discharge from any electrical transformer manufacturer.

(e) Adjustment of effluent standard for presence of PCBs in intake water. Whenever a facility which is subject to these standards has PCBs in its effluent which result from the presence of PCBs in its intake waters, the owner may apply to the Regional Administrator (or State Director, if appropriate), for a credit pursuant to the provisions of $ 129.6, where the source of the water supply is the same body of water into which the discharge is made. The requirement of subparagraph (1) of $ 129.6(a), relating to the source of the water supply, shall be waived, and such facility shall be eligible to apply for a credit under $ 129.6, upon a showing by the owner or operator of such facility to the Regional Administrator (or State Director, if appropriate) that the concentration of PCBs in the intake water supply of such facility does not exceed the concentration of PCBs in the receiving water body to which the plant discharges its effluent. (42 FR 6555, Feb. 2, 1977)

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PART 130— POLICIES AND PROCE

DURES FOR CONTINUING PLANNING PROCESS

130.44 Separability.

AUTHORITY: Secs. 106, 208, 303(d), 303(e), 305(b), 314, 501, 516(b) of the Federal Water Pollution Control Act, as amended; Pub. L. 92-500, 86 Stat. 816 (1972); (33 U.S.C. 1251 et. seq.).

SOURCE: 40 FR 55336, Nov. 28, 1975, unless otherwise noted.

Subpart A-Scope and Purpose; Definitions

Sec. 130.1 Scope and purpose. 130.2 Definitions.

Subpart A-Scope and Purpose;

Definitions

$ 130.1 Scope and purpose.

(a) This part establishes regulations specifying policies, procedures, and other requirements for the continuing planning process for the State pursuant to sections 208 and 303(e) of the Act and for designated areawide agencies pursuant to section 208(b) of the Act. The regulations established in this part and in Part 131 of this chapter define and implement the requirements for State and areawide planning and implementation pursuant to section 208 of the Act and for carrying out other provisions of the Act. These regulations apply to State and designated areawide planning agencies that are responsible for planning pursuant to section 208 and 303(e) of the Act.

(b) The intent of this part is to unify and integrate the State and areawide water quality management planning and implementation requirements of section 208 and other provisions of the Act.

(c) The broad goals of the continuing planning process are to assure that necessary institutional arrangements and management programs are established to make and implement coordinated decisions designed to achieve water quality goals and standards; to develop Statewide (State and areawide) water quality assessment, and to establish water quality goals and State water quality standards which take into account overall State and local policies and programs, including those for management of land and other natural resources; and to develop the strategic guidance for preparing the annual State program plan required under section 106 of the Act.

(d) The "continuing planning process" is a time-phased process by which the State, working cooperatively with designated areawide planning agencies:

(1) Develops a water quality management decision-making process involving elected officials of State and local units of government and representatives of State and local executive departments that conduct activities related to water quality management.

(2) Establishes an intergovernmental process which provides for water quality management decisions to be made on an areawide or local basis and for the incorporation of such decisions into a comprehensive and cohesive Statewide program. Through this process, State regulatory programs and activities will be incorporated into the areawide water quality management decision process.

(3) Develops a broad based public participation aimed at both informing and involving the public in the water quality management program.

(4) Prepares and implements water quality management plans, which identify water quillity goals and established State water quality standards, define specific programs, priorities and targets for preventing and controlling water pollution in individual approved planning areas and establish policies which guide decision-making over at least a twenty-year span of time (in increments of five years).

(5) Based on the results of the Statewide (State and areawide) planning process, develops the State strategy, to be updated annually, which sets the State's major objectives, approach, and priorities for preventing and controlling pollution over a fiveyear period.

(6) Translates the State strategy into the annual State program plan (required under section 106 of the Act), which establishes the program objectives, identifies the resources committed for the State program each year, and provides a mechanism for reporting progress toward achievement of program objectives.

(7) Periodically reviews and revises water quality standards as required under section 303(c) of the Act.

a

$ 130.2 Definitions.

As used in this part, the following terms shall have the meanings set forth below.

(a) The term “Act” means the Federal Water Pollution Control Act, as amended; Pub. L. 92-500, 86 Stat. 816 (1972); (33 U.S.C. 1251 et seq.).

(b) The term "EPA" means the United States Environmental Protection Agency.

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

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

(e) The term "continuing planning process" means the continuing planning process, including any revision thereto, required by sections 208 and 303(e) of the Act for State agencies and section 208(b) of the Act for designated areawide agencies.

(f) The term "water quality management plan" means the plan for managing the water quality, including consideration of the relationship of water quality to land and water resources and uses, on an areawide basis,, for each EPA/State approved planning area and for those areas designated pursuant to section 208a(2), (3), or (4) of the Act within a State. Preparation, adoption, and implementation of water quality management plans in accordance with regulations under this part and Part 131 of this Chapter shall constitute compliance with State responsibilities under sections 208 and 303(e) of the Act and areawide responsibilities under section 208 of the Act.

(g) The term "State planning area" means that area of the State that is not designated pursuant to section 208(a) (2), (3), or (4) of the Act. State planning areas are to be identified in the planning process description that is submitted by the State for approval by the Regional Administrator. Depending upon the requirement being considered, the State planning area may be subdivided into "approved planning areas" that may include the entire State or portions of the State defined by hydrologic, political, or other boundaries.

(h) The term "designated areawide planning area" means all areas designated pursuant to section 208(a)(2), (3), or (4) of the Act and § 130.13.

(i) The term "State planning agency" means that State agency designated pursuant to section 208(a)(6) of the Act and § 130.12(a).

(j) The term "designated areawide planning agency" means that agency designated in accordance with section 208(a)(2), (3), or (4) of the Act.

(k) 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 water, waters of the contiguous zone, or the oceans.

(1) The term "schedule of compliance" means in reference to point and nonpoint sources of pollutants, a sequence of actions or operations leading to compliance with applicable effluent limitations, other limitations, prohibitions, practices, or standards which are contained in a National Pollutant Discharge Elimination System permit or in a State permit or other regulatory program which is legally binding on the owner or operator of the source.

(m) The term "target abatement dates" means:

(1) For point sources, a sequence of actions or control measures which have not yet been formally adopted through the permit process.

(2) For nonpoint sources, a sequence of remedial measures, actions, or operations which have not been formally adopted through implementation of management or regulatory programs established pursuant to approved State water quality management plans, or portions thereof.

(n) The term "National Pollutant Discharge Elimination System" means the national permitting system authorized under section 402 of the Act, including any State permit program which has been approved by the Administrator pursuant to section 402 of the Act.

(0) The term "segment" means a portion of an approved planning area, the surface waters of which have common hydrologic characteristics (or flow regulation patterns); common natural physical, chemical and biological characteristics and processes; and common reactions to external stresses, such as the discharge of pollutants. Segments will be classified as either a water quality segment or an effluent limitation segment as follows:

(1) Water quality segment. Any segment where it is known that water

Subpart B-General Requirements

quality does not meet applicable water quality standards and/or is not expected to meet applicable water quality standards even after the application of the effluent limitations required by sections 301(b)(1)(B) and 301(b)(2)(A) of the Act.

(2) Effluent limitation segment. Any segment where it is known that 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)(B) and 301(b)(2)(A) of the Act.

(p) The term “significant discharge" means any point source discharge for which timely management action must be taken in order to meet the water quality objectives within the period of the operative water quality management plan. The significant nature of the discharge is to be determined by the State, but must include any discharge which is causing or will cause water quality problems.

(q) The term “Best Management Practices" (BMP) means a practice, or combination of practices, that is determined by a State (or designated areawide planning agency) after problem assessment, examination of alternative practices, and appropriate public participation to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. (r)

The term "residual wastes" means those solid, liquid, or sludge substances from man's activities in the urban, agricultural, mining and industrial environment remaining after collection and necessary treatment.

(s) The definitions of the terms contained in Section 502 of the Act shall be applicable to such terms as used in this part unless the context otherwise requires.

$ 130.10 Planning process requirements.

(a) The State and designated areawide planning agencies shall establish a planning process which provides for the establishment of necessary institutional arrangements and management programs to make and implement coordinated decisions designed to achieve water quality goals and standards. The planning process shall include:

(1) Public participation during plan development, review, and adoption in accordance with section 101(e) of the Act and in accordance with Part 105 of this chapter;

(2) Adequate intergovernmental input in the development and implementation of water quality management plans as described in § 130.17;

(3) The coordination and integration of the water quality management planning in State planning areas and in designated areawide planning areas as described in § 130.33, and coordination of water quality management planning with related Federal, State, interstate, and local comprehensive, functional, and other developmental planning activities, including land use and other natural resources planning activities, as described in § 130.34;

(4) The preparation, adoption, and revision, of water quality management plans for the appropriate areas and waters within the State that fulfill the requirements contained in Part 131 of this chapter;

(5) The establishment and implementation of regulatory programs identified in approved water quality management plans prepared pursuant to Part 131 of this chapter;

(b) In addition to the requirements of $ 130.10(a), the State agency planning process shall provide for the following:

(1) The development, review and adoption of water quality standards in accordance with $ 130.17(a) and with section 303(c)(1) and (2) of the Act;

(2) The development, adoption and implementation of a Statewide policy on antidegradation, consistent with the criteria identified in § 130.17(d);

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