mental, social, and economic impact of carrying out the plan.

Subpart C-Plan Adoption, Approval, and Revision Procedures; Separability

§ 131.20 Adoption, certification, and submission of plans.

(a) During development and prior to formal adoption, the State and designated areawide water quality management plans or portions thereof, shall be the subject of appropriate public participation in accordance with Section 101(e) of the Act and with Part 105 of this chapter requiring public participation in all phases of the water quality management plan development.

(1) The goal of the public participation is to involve the public in the formulation of the plan, including the determination of the planning goals, and to develop public support that will ultimately lead to acceptance and implementation of the plan.

(NOTE: Beyond continuing participation in the development of the plan, a more structured opportunity for public meetings or hearings should be provided at key points in the process.)

(2) State and designated areawide planning agencies may delegate public participation activities to appropriate governmental units within the planning area.

(b) Designated areawide planning agencies shall submit areawide water quality management plans, for review and recommendations to the Governor, or his designee, and to chief elected officials of local units of government that have responsibility for or are directly affected by the plan prior to formal submission of the plan for the Governor's certifications pursuant to § 131.120(f).

(1) The Governor, or his designee, shall provide for timely review and comment in order to minimize potential objections once the plan is formally submitted to the Governor for the certifications. Concurrence with a designated areawide water quality management plan at the time of the review by the Governor, or his designee, will

not substitute for formal certifications by the Governor pursuant to § 131.20(f) after the plan has been the subject of further public participation.

(2) In the event that a local unit of government fails to provide a recommendation within 30 days of receipt of the plan for review and comment prior to formal submission to the Governor, or his designee, a favorable recommendation on adoption of the plan shall be assumed.

(c) The State planning agency shall submit State water quality management plans for review and recommendations, to appropriate chief elected officials of local units of government that have responsibility for or are directly affected by the plan prior to formal adoption of the plan by the State pursuant to § 131.20(h).

(d) The State is encouraged (although not required) to submit the water quality management plan(s) for State and designated areawide planning areas to the Regional Administrator for review prior to formally adopting the plan(s). The Regional Administrator shall provide for timely review and comment in order to minimize potential objections once the plan is formally adopted by the State pursuant to § 131.20(h). Concurrence with a water quality management plan at the time of any pre-adoption review will not substitute for approval by the Regional Administrator pursuant to § 131.21 after the plan has been the subject of further public participation and formally adopted by the State.

(e) After comments and recommendations are received from the Governor, or his designee, and from chief elected officials of local units of government pursuant to § 131.20(b), designated areawide planning agencies shall submit the areawide water quality management plans, or portions thereof, to the Governor, or his designee for final review and formal adoption and certification.

(f) The Governor, or his designee, shall review areawide water quality management plans, or portions thereof, submitted by designated areawide planning agencies.

(1) The Governor shall certify that the State has reviewed the plan and:

(i) Has found the plan to be in conformance with the provisions of the approved planning process for the State, including State water quality management plans prepared pursuant to the process, and that the plan will be accepted as a detailed portion of the water quality management plans of the State;

(ii) Has found the plan to be consistent with the water quality management needs of the area;

(iii) Has found the plan to be in conformance with all State and local legislation, regulations, or other requirements or plans regarding land use and protection of the environment, except for those cases where the plan specifically recommends changing such legislation, regulations, or other appropriate requirements;

(iv) Has found that the plan provides adequate basis for selection of management agencies to be designated pursuant to 130.15(a) of this chapter and Section 208(c) of the Act; and

(v) Has adopted the plan as the State's official water quality management plan for the designated areawide planning area pursuant to 131.20(h).

(2) The procedures set forth in § 131.20(f)(1) shall be followed by intrastate and interstate designated areawide planning agencies, except where the plan has been developed by an interstate agency, the plan shall be submitted to the Governor, or his designee, of the State which includes the largest portion of the designated area's population. The Governor, or his designee, shall coordinate the plan review and certification process with all other affected States.

(g) If the Governor determines that the water quality management plan for the designated areawide planning area fails to conform with the requirements of the Act, this part, or the approved work plan of the designated areawide planning agency is not consistent with contiguous water quality management plans including those of neighboring States, he shall either conditionally certify or not certify the plan and so notify the Regional Administrator and the designated areawide planning agency by letter and shall state:

(1) The specific revisions necessary to obtain full certification of the water quality management plan; and

(2) The time period for submission of necessary revisions to the water quality management plan or portions thereof.

(h) Each State and areawide water quality management plan, or portion thereof, shall be adopted as the official water quality management plan(s) of the State. Each adopted water quality management plan shall include assurances and a certification by the Governor that the plan is the official water quality management plan for the area covered by such plan, that the plan will be implemented and used for establishing permit conditions, nonpoint source controls, schedules of compliance and priorities for awarding grants for construction of municipal treatment works pursuant to section 201(g) of the Act, and that the plan meets all applicable requirements of the Act, this part, and Part 130 of this chapter.

(i) The Governor shall submit adopted water quality management plans to the Regional Administrator, together with a summary of public participation in the development and adoption of the plan (required by Section 101(e) of the Act and Part 105 of this chapter) and a letter from the Governor notifying the Regional Administrator of such action. Such plans shall be submitted in accordance with the following schedule:

(1) Water quality management plans for the entire State shall be submitted to the Regional Administrator no later than November 1, 1978.

(2) Water quality management plans for designated areawide planning areas shall be submitted no later than two years from the date that the planning process is in operation (pursuant to $ 35.222-1 of this Chapter) and no later than November 1, 1978.

(j) Portions of the plan (interim outputs), developed in accordance with the requirements of Parts 130 and 131 may be adopted, certified, and submitted during the development of the plan and approved in the manner as a plan under $ 131.21.

(k) At the time of submission, the Governor shall identify those modifications, if any, that need to be made, as a result of the plan, to the agreement between EPA and a State under Part 124 of this chapter.

§ 131.21 Review and approval or disapproval of plans.

The Regional Administrator shall approve, conditionally approve or disapprove the water quality management plan, or portion thereof, submitted pursuant to § 131.20(i) or (j) within 120 days after the date of receipt, as follows:

(a) If the Regional Administrator determines that the water quality management plan conforms with the requirements of the Act, this part, and the approved continuing planning process (including compliance with any State/EPA agreement or designated areawide planning agency work plans) and is consistent with contiguous water quality management plans, including those of neighboring States, he shall approve the plan and so notify the Governor or his designee by letter.

(b) If the Regional Administrator determines that the water quality management plan fails to conform with the requirements of the Act, this part, or the approved continuing planning process (including compliance with any State/EPA agreements or designated areawide planning agency work plans) or is not consistent with contiguous water quality management plans including those of neighboring States, he shall either conditionally approve or disapprove the plan and so notify the Governor or his designee by letter and shall state:

(1) The specific revisions necessary to obtain full approval of the water quality management plan; and

(2) The time period for submission of necessary revisions to the water quality management plan or portions thereof.

(c) Where water quality management plans involving interstate waters are found to be inconsistent, the Regional Administrator shall notify the Governor of each concerned State of the specific areas of inconsistency and

part to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this part, shall not be affected thereby.

RT 133—SECONDARY TREATMENT

INFORMATION

Sec.
133.100 Purpose.
133.101 Authority.
133.102 Secondary treatment.
133.103 Special considerations.
133.104 Sampling and test procedures.

AUTHORITY: Secs. 304(d)(1), 301(b)(1)(B), Federal Water Pollution Control

Act Amendments, 1972, Pub. L. 92-500.

SOURCE: 38 FR 22298, Aug. 17, 1973, unless otherwise noted.

tic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal).

(b) Suspended solids. (1) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 milligrams per liter.

(2) The arithmetic mean of the values for effluent samples collected in a period of 7 consecutive days shall not exceed 45 milligrams per liter.

(3) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal).

(c) pH. The effluent values for pH shall be maintained within the limits of 6.0 to 9.0 unless the publicly owned treatment works demonstrates that:

(1) Inorganic chemicals are not added to the waste stream as part of the treatment process; and

(2) Contributions from industrial sources do not cause the pH of the effluent to be less than 6.0 or greater than 9.0.

§ 133.100 Purpose.

This part provides information on the level of effluent quality attainable through the application of secondary treatment.

§ 133.101 Authority.

The information contained in this part is provided pursuant to sections 304(d)(1) and 301(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 (the Act).

(41 FR 30788, July 26, 1976)

$ 133.102 Secondary treatment.

The following paragraphs describe the minimum level of effluent quality attainable by secondary treatment in terms of the parameters—biochemical oxygen demand, suspended solids and pH. All requirements for each parameter shall be achieved except as provided for in § 133.103.

(a) Biochemical Orygen Demand (five-day). (1) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 milligrams per liter.

(2) The arithmetic mean of the values for effluent samples collected in a period of 7 consecutive days shall not exceed 45 milligrams per liter.

(3) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithme

$ 133.103 Special considerations.

(a) Combined sewers. Secondary treatment may not be capable of meeting the percentage removal requirements of paragraphs (a)(3) and (b)(3) of $ 133.102 during wet weather in treatment works which receive flows from combined sewers (sewers which are designed to transport both storm water and sanitary sewage). For such treatment works, the decision must be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what that level should be.

(b) Industrial wastes. For certain industrial categories, the discharge to navigable waters of biochemical oxygen demand and suspended solids permitted

under

sections 301(b)(1)(A)(i) or 306 of the Act may be less stringent than the values given in paragraphs (a)(1) and (b)(1) of $ 133.102. In cases when wastes would

be introduced from such an industrial category into a publicly owned treatment works, the values for biochemical oxygen demand and suspended solids in paragraphs (a)(1) and (b)(1) of 9 133.102 may be adjusted upwards provided that: (1) the permitted discharge of such pollutants, attributable to the industrial category, would not be greater than that which would be permitted under section 301(b)(1) (a)(i) or 306 of the Act if such industri. al category were to discharge directly into the navigable waters, and (2) the flow or loading of such pollutants introduced by the industrial category exceeds 10 percent of the design flow or loading of the publicly owned treatment works. When such an adjustment is made, the values for biochemical oxygen demand or suspended solids in paragraphs (a)(2) and (b)(2) of 8 133.102 should be adjusted proportionally.

(c) The Regional Administrator (or, if appropriate, the State subject to EPA approval) is authorized to adjust the minimum levels of effluent quality set forth in paragraphs (b)(1), (b)(2), and (b)(3) of g 133.102 for treatment works subject to this part, to conform to the suspended solids concentrations achievable with best waste stabilization pond technology, provided that: (1) waste stabilization ponds are the sole process used for secondary treatment; (2) the maximum facility design capacity is two million gallons per day or less; and (3) operation and maintenance data indicate that the requirements of paragraphs (b)(1), (b)(2), and (b)(3) of g 133.102 cannot be achieved. The term “best waste stabilization pond technology” means a suspended solids value, determined by the Regional Administrator (or, if appropriate, the State Director subject to EPA approval), which is equal to the effluent concentration achieved 90 percent of the time within a State or appropriate contiguous geographical area by waste stabilization ponds that are achieving the levels of effluent quality established for biochemical oxygen demand in 8 133.102(a). (38 FR 22298, Aug. 17, 1973, as amended at 42 FR 5665, Oct. 7, 1977)

$ 135.1 Purpose.

Section 505 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter the Act) authorizes any person or persons having an interest which is or may be adversely af. fected to commence a civil action on his own behalf to enforce the Act or to enforce certain requirements promul. gated pursuant 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.

8 135.2 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