[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.5]

[Page 344]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130--WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
Sec. 130.5  Continuing planning process.

    (a) General. Each State shall establish and maintain a continuing 
planning process (CPP) as described under section 303(e)(3)(A)--(H) of 
the Act. Each State is responsible for managing its water quality 
program to implement the processes specified in the continuing planning 
process. EPA is responsible for periodically reviewing the adequacy of 
the State's CPP.
    (b) Content. The State may determine the format of its CPP as long 
as the mininum requirements of the CWA and this regulation are met. The 
following processes must be described in each State CPP, and the State 
may include other processes at its discretion.
    (1) The process for developing effluent limitations and schedules of 
compliance at least as stringent as those required by sections 301(b) 
(1) and (2), 306 and 307, and at least stringent as any requirements 
contained in applicable water quality standards in effect under 
authority of section 303 of the Act.
    (2) The process for incorporating elements of any applicable 
areawide waste treatment plans under section 208, and applicable basin 
plans under section 209 of the Act.
    (3) The process for developing total maximum daily loads (TMDLs) and 
individual water quality based effluent limitations for pollutants in 
accordance with section 303(d) of the Act and Sec. 130.7(a) of this 
regulation.
    (4) The process for updating and maintaining Water Quality 
Management (WQM) plans, including schedules for revision.
    (5) The process for assuring adequate authority for 
intergovernmental cooperation in the implementation of the State WQM 
program.
    (6) The process for establishing and assuring adequate 
implementation of new or revised water quality standards, including 
schedules of compliance, under section 303(c) of the Act.
    (7) The process for assuring adequate controls over the disposition 
of all residual waste from any water treatment processing.
    (8) The process for developing an inventory and ranking, in order of 
priority of needs for construction of waste treatment works required to 
meet the applicable requirements of sections 301 and 302 of the Act.
    (9) The process for determining the priority of permit issuance.
    (c) Regional Administrator review. The Regional Administrator shall 
review approved State CPPs from time to time to ensure that the planning 
processes are consistent with the Act and this regulation. The Regional 
Administrator shall not approve any permit program under Title IV of the 
Act for any State which does not have an approved continuing planning 
process.

    Effective Date Note: At 65 FR 43662, July 13, 2000, Sec. 130.5 was 
redesignated as Sec. 130.50, and at 65 FR 43670, July 13, 2000, newly 
redesignated Sec. 130.50 was amended by revising paragraph (b) 
introductory text and (b)(3), effective 30 days after the date that 
Congress allows EPA to implement this regulation. At 66 FR 53048, Oct. 
18, 2001 these amendments were made effective April 30, 2003. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 130.50  Continuing planning process

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    (b) Content. The State may determine the format of its CPP as long 
as the minimum requirements of the CWA and this regulation are met. A 
State CPP need not be a single document, provided the State identifies 
in one document (i.e., an index) the other documents, statutes, rules, 
policies and guidance that comprise its CPP. The following processes 
must be described in each State CPP and the State may include other 
processes, including watershed-based planning and implementation, at its 
discretion.

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    (3) The process for developing total maximum daily loads (TMDLs) and 
individual water quality based effluent limitations for pollutants in 
accordance with section 303(d) of the Act and Secs. 130.31 through 
130.36 of this part.

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