en 3 e Regional the schedule for State water quality spruvai. Subse- management plan preparation, may cunung pian- indicate that the planning process by Solon. Towever, which such plan or plans were devel. 5 start of the oped was deficient and shall be reLim: 3 ursuant to vised. Failure to accomplish necessary es revisions of the State planning process whale . Le secompiished may result in withdrawal of approval Feyzona) Adminis of part or all of the process. $ 130.43 Review and revision of State vovernor notify process. muniserscor of (a) The State shall review annually its continuing planning process and e queurs or disap shall revise the process as may be nec essary to assure the development and Administrator maintenance of a State strategy and s.la euy approve, State program for preventing and cone planning trolling water pollution, based on curmitced pursu rent State and areawide water quality a dys after the management plans which will accom plish national water quality objectives sustrator de in conformity with the requirements Sanning proc of the Act. rements of (b) In addition to any other necesasil approve sary revisions identified by the State the Gover or the Regional Administrator, the Governor shall submit, within 150 wustrator de days after these regulations become ning proc- effective, whatever revisions to the esa e require planning process description are necess part, he sary to insure conformity with this is *Prove or part. *** notify (c) Subsequent revisions to the plan3#22 An all state: ning process description shall be submetessary mitted by the State as a part of the M and State program submittal pursuant to Yomission $ 35.555 of this chapter. de la portions $ 130.44 Separability. Dari Anistrator If any provision of this part, or the application of any provision of this part to any person or circumstance, is bas de dituzte water held invalid, the application of such provision to other person or circumciw she chapter stance, and the remainder of this part, shall not be affected thereby. lat that conWaldenuirements Subpart A-Scope and Purpose; Definitions Sec. Subpart BPlan Content Requiroments an effective management program to alleviate those those problems problems and to Sec. achieve and preserve water quality for 131.10 General requirements. all intended uses. The value of the 131.11 Plan content. water quality management plan lies in Subpart C-Plan Adoption, Approval, and its utility in providing a basis for Revision Procedures; Separability making sound water quality manage ment decisions and in establishing and 131.20 Adoption, certification, and submis- implementing effective control prosion of plans. grams. To achieve this objective, the 131.21 Review and approval or disapproval detail of the water quality manageof plans. ment plan(s) should provide the neces131.22 Review and revision of plans. sary analysis and information for 131.23 Separability. management decisions. Moreover, AUTHORITY: Secs. 106, 208, 303(d), 303(e), there must be a flexible revision mech305(b), 314, 501, 516(b) of the Federal Water anism to reflect changing conditions in Pollution Control Act, as amended; Pub. L. the area of consideration. A water 92-500, 86 Stat. 816 (1972); (33 U.S.C. 1251 quality management plan should be a et seq.). dynamic management tool, rather SOURCE: 40 FR 55344, Nov. 28, 1975, unless than a rigid, static compilation of data otherwise noted. and material. In addition, the plan should be as concise as possible, thereSubpart A-Scope and Purpose; by minimizing unnecessary paperwork. Definitions (d) A water quality management plan will provide for orderly water $ 131.1 Scope and purpose. quality management by: (a) This part establishes regulations (1) Identifying Problems: Assessing specifying procedural and other re existing water quality, applicable quirements for the preparation of water quality standards, point and water quality management plans and nonpoint sources of pollution, and the establishment of regulatory pro identifying constraints on the plan. grams designed to achieve the goal (2) Assessing Needs/Establishing specified in Section 101(a)(2) of the Priorities: Assessing water quality and Act. The water quality management abatement needs, including coordinaplans and implementing programs are tion with ongoing construction grant to be prepared and established by award and NPDES programs, and esState Planning agencies pursuant to tablishing priorities, including considSections 208 and 303(e) of the Act and eration of existing construction grant by designated areawide planning agen and NPDES requirements. cies pursuant to Section 208 of the (3) Scheduling Actions: Setting forth Act. compliance schedules considering all (b) These regulations describe the existing schedules issued pursuant to requirements for State and designated construction grant awards and NPDES areawide planning agency planning permits, and target abatement dates and implementation under Section 208 indicating necessary Federal, State, of the Act; water quality management and local actions. plans developed by State and designat- (4) Defining Regulatory Programs: ed areawide planning agencies pursu- Describing existing State/local regulaant to this part and the implementa- tory programs and defining necessary tion of these plans must comply fully additional regulatory programs dewith the requirements of Section 208 signed to achieve water quality standof the Act. ards and goals. (c) A water quality management (5) Definining Management Agency plan is a management document Responsibilities: Identifying managewhich identifies the water quality ment agency(ies), including impleproblems of a particular approved menting, regulatory and operational State planning area or designated agencies, and setting forth specific reareawide planning area and sets forth sponsibilities to carry out required ac tions within the approved planning area and to assure that water quality objectives are made a part of the land management process. (6) Coordinating Planning and Management: Coordinating developmental planning and management related to water quality in order to attain the objectives of the Act. 8 131.2 Definitions. The definitions set forth in 130.2 of this chapter shall apply to this part 131. Subpart B-Plan Content Requirements tween the State and the Regional Administrator (see § 130.11 of this chapter) or in the work plan developed by the designated areawide agencies (see $ 35.220 of this chapter). (c) The water quality management plans shall contain the information and analyses necessary for making sound water quality management decisions and for establishing and implementing effective control programs. Supportive data and calculations need not be included in the plans, but shall be made available to the Regional Administrator and the public upon request. (d) Initial water quality management plans, or portions thereof, and subsequent refinements shall be prepared pursuant to the approved continuing planning process and submitted to the Regional Administrator in accordance with the State/EPA agreement described in § 130.11 of this chapter or the work plan for designated areawide planning areas described in g 35.220 of this chapter. (e) Each water quality management plan shall incorporate appropriate information concerning other local, State and Federal planning as required under $ 130.34 of this chapter. (f) Each water quality management plan shall include, where appropriate, a delineation of the relative priority of actions to be taken toward prevention and control of water pollution problems. Such priorities shall reflect the coordination of water quality management plans with other related planning programs including those identified in 88 130.33 and 130.34 of this chapter. (g) Water quality management planning elements shall include, but are not limited to: (1) Planning boundaries (§ 131.11(a)). (2) Water quality assessment and segment classification (8 131.11(b)). (3) Inventories and projections (8 131.11(c)). (4) Nonpoint source assessment (8 131.11(d)). (5) Water quality standards (8 131.11(e)). $ 131.10 General requirements. (a) This subpart describes the required content of water quality management plans to be prepared for each approved State planning area included in the State Planning process submitted and approved pursuant to 130.41 of this chapter and for each area designated pursuant to section 208(a)(2), (3), or (4) of the Act. The primary objective of the water quality management plans shall be to define the programs necessary to achieve the 1983 national water quality goal established in section 101(a)(2) pursuant to section 208(a)(2), (3), or of the Act. The plans shall identify the controls, regulatory programs, and management agencies necessary to attain the water quality goals and the established State water quality standards. (b) Water quality management plans shall be prepared for all areas and waters of the State. Generally, water quality management planning elements will be the same throughout each State and designated areawide planning area. However, the level of detail required will vary according to the water quality problems (ranging from intensive planning in areas designated pursuant to section 208(a)(2), (3), or (4) of the Act and in other areas with similar water quality problems, to essentially no planning in those areas where the State certifies that certain types of planning and implementation will not be undertaken pursuant to $ 130.11(b) of this chapter) and shall be established in the agreement be (6) Total maximum daily loads (8 131.11(f)). (7) Point source load allocations (131.11(g)).' (8) Municipal waste treatment systems needs ($ 131.11(h)). (9) Industrial waste treatment systems needs (8 131.11(i)). (10) Nonpoint source control needs (§ 131.11(j)). (11) Residual waste control needs; land disposal needs (8 131.11(k)). (12) Urban and industrial stormwater needs (8 131.11(1)). (13) Target abatement dates (§ 131.11 (m)). (14) Regulatory programs (§ 131.11 (n)). (15) Management agencies (§ 131.11 (o)). (16) Environmental, social, economic impact (§ 131.11(p)). Except otherwise provided in $ 131.11. as $ 131.11 Plan content. Recognizing that the level of detail may vary according to the water quality problems, the following elements shall be included in each water quality management plan unless a certification pursuant to 130.11(b) of this chapter provides otherwise: (a) Planning boundaries. A delineation, on a map of appropriate scale, of the following: (1) The approved State planning areas included in the State planning process submitted and approved pursuant to $ 130.41 of this chapter and areawide planning areas designated pursuant to g 130.13 of this chapter. (2) Those areas in which facilities planning has been deemed necessary by the State pursuant to g 35.917-2 of this chapter. (3) The location of each water quality and effluent limitation segment identified in § 131.11(b)(2). (4) The location of each significant discharger identified in § 131.11(c). (5) The location of fixed monitoring stations. (NOTE: Such monitoring station locations may be omitted if such locations are availa ble in the EPA water quality information system). (b) Water quality assessment and segment classifications. (1) An assessment of existing and potential water quality problems within the approved planning area or designated areawide planning area, including an identification of the types and degree of problems and the sources of pollutants (both point and nonpoint sources) contributing to the problems. The results of this assessment should be reflected in the State's report required under section 305(b) of the Act. (2) The classification of each seg. ment as either water quality or effluent limitation as defined in g 130.2(0) of this chapter. (i) Segments shall include the surrounding land areas that contribute or may contribute to alterations in the physical, chemical, or biological characteristics of the surface waters. (ii) Water quality problems generally shall be described in terms of existing or potential violations of water quality standards. (iii) Each water quality segment classification shall include the specific water quality parameters requiring consideration in the total maximum daily load allocation process. (iv) In the segment classification process, upstream sources that contribute or may contribute to such alterations should be considered when identifying boundaries of each segment. (v) The classification of segments shall be based on measurements of instream water quality, where available. (c) Inventories and projections. (1) An inventory of municipal and industrial sources of pollutants and a ranking of municipal sources which shall be used by the State in the development of the annual State strategy described in § 130.20 of this chapter and the “project priority list” described in § 35.915(c) of this chapter. The inventory shall include a description, by parameter, of the major waste discharge characteristics of each significant discharger of pollutants based on data from the National Pollutant Discharge Elimination System and the associated 'Not necessary in effluent limitation segments. compliance monitoring systems, whenever available. (2) A summary of existing land use patterns. (3) Demographic and economic growth projections for at least a 20year planning period disaggregated to the level of detail necessary to identify potential water quality problems. (4) Projected municipal and industrial wasteloads based on § 131.11(c) (1) and (3). (5) Projected land use patterns based on § 131.11(c) (2) and (3). (d) Nonpoint source assessment. An assessment of water quality problems caused by nonpoint sources of pollutants. (1) The assessment shall include a description of the type of problem, an identification of the waters affected (by segment or other appropriate planning area), an evaluation of the seriousness of the effects on those waters, and an identification of nonpoint sources (by category as defined in § 131.11(j)) contributing to the problem. (2) Any nonpoint sources of pollutants originating outside a segment which materially affect water quality within the segment shall be considered. (3) The results of this assessment should be reflected in the States' report required under Section 305(b) of the Act. (e) Water quality standards. The applicable water quality standards, including the Statewide antidegradation policy, established pursuant to Section 303(a), (b), and (c) of the Act and any plans for the revision of such water quality standards. (0) Total marimum daily loads. (1) For each water quality segment, or appropriate portion thereof, the total allowable maximum daily load of relevant pollutants during critical flow conditions for each specific water quality criterion being violated or expeetai tv de violated. in such tutal maximum daily loads sto je slavished at levels necessary Verteves compliance with applicable valur yurity standards : Suit Paus shall take into ac (A) Provision for seasonal variation; and (B) Provision of a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality. (2) For each water quality segment where thermal water quality criteria are being violated or expected to be violated, the total daily thermal load during critical flow conditions allowable in each segment. (i) Such loads shall be established at a level necessary to assure the protection and propagation of a balanced, in a digenous population of fish, shellfish, and wildlife. (ii) Such loans shall take into account: (A) Normal water temperature; (D) Existing sources of heat input; and (E) The dissipative capacity of the waters within the identified segment. (iii) Each estimate shall include an estimate of the maximum heat input that can be made into the waters of each segment where temperature is one of the criteria being violated or expected to be violated and shall include a margin of safety which takes into account lack of knowledge concerning the development of thermal water quality criteria for protection and propagation of fish, shellfish and wildlife in the waters of the identified segments. (3) For each water quality segment, a total allocation for point sources of pollutants and a gross allotment for nonpoint sources of pollutants. (i) A specific allowance for growth shall be included in the allocation for point sources and the gross allotment for nonpoint sources. (ii) The total of the allocation for point sources and the gross allotment for nonpoint sources shall not exceed the total maximum daily load. (4) Where predictive mathematical models are used in the determination of total maximum daily loads, an identification and brief description of the model, and the specific use of the model. |