[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: 40CFR130.6]

[Page 344-347]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130--WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
Sec. 130.6  Water quality management plans.

    (a) Water quality management (WQM) plans. WQM plans consist of 
initial

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plans produced in accordance with sections 208 and 303(e) of the Act and 
certified and approved updates to those plans. Continuing water quality 
planning shall be based upon WQM plans and water quality problems 
identified in the latest 305(b) reports. State water quality planning 
should focus annually on priority issues and geographic areas and on the 
development of water quality controls leading to implementation 
measures. Water quality planning directed at the removal of conditions 
placed on previously certified and approved WQM plans should focus on 
removal of conditions which will lead to control decisions.
    (b) Use of WQM plans. WQM plans are used to direct implementation. 
WQM plans draw upon the water quality assessments to identify priority 
point and nonpoint water quality problems, consider alternative 
solutions and recommend control measures, including the financial and 
institutional measures necessary for implementing recommended solutions. 
State annual work programs shall be based upon the priority issues 
identified in the State WQM plan.
    (c) WQM plan elements. Sections 205(j), 208 and 303 of the Act 
specify water quality planning requirements. The following plan elements 
shall be included in the WQM plan or referenced as part of the WQM plan 
if contained in separate documents when they are needed to address water 
quality problems.
    (1) Total maximum daily loads. TMDLs in accordance with sections 
303(d) and (e)(3)(C) of the Act and Sec. 130.7 of this part.
    (2) Effluent limitations. Effluent limitations including water 
quality based effluent limitations and schedules of compliance in 
accordance with section 303(e)(3)(A) of the Act and Sec. 130.5 of this 
part.
    (3) Municipal and industrial waste treatment. Identification of 
anticipated municipal and industrial waste treatment works, including 
facilities for treatment of stormwater-induced combined sewer overflows; 
programs to provide necessary financial arrangements for such works; 
establishment of construction priorities and schedules for initiation 
and completion of such treatment works including an identification of 
open space and recreation opportunities from improved water quality in 
accordance with section 208(b)(2) (A) and (B) of the Act.
    (4) Nonpoint source management and control. (i) The plan shall 
describe the regulatory and non-regulatory programs, activities and Best 
Management Practices (BMPs) which the agency has selected as the means 
to control nonpoint source pollution where necessary to protect or 
achieve approved water uses. Economic, institutional, and technical 
factors shall be considered in a continuing process of identifying 
control needs and evaluating and modifying the BMPs as necessary to 
achieve water quality goals.
    (ii) Regulatory programs shall be identified where they are 
determined to be necessary by the State to attain or maintain an 
approved water use or where non-regulatory approaches are inappropriate 
in accomplishing that objective.
    (iii) BMPs shall be identified for the nonpoint sources identified 
in section 208(b)(2)(F)-(K) of the Act and other nonpoint sources as 
follows:
    (A) Residual waste. Identification of a process to control the 
disposition of all residual waste in the area which could affect water 
quality in accordance with section 208(b)(2)(J) of the Act.
    (B) Land disposal. Identification of a process to control the 
disposal of pollutants on land or in subsurface excavations to protect 
ground and surface water quality in accordance with section 208(b)(2)(K) 
of the Act.
    (C) Agricultural and silvicultural. Identification of procedures to 
control agricultural and silvicultural sources of pollution in 
accordance with section 208(b)(2)(F) of the Act.
    (D) Mines. Identification of procedures to control mine-related 
sources of pollution in accordance with section 208(b)(2)(G) of the Act.
    (E) Construction. Identification of procedures to control 
construction related sources of pollution in accordance with section 
208(b)(2)(H) of the Act.
    (F) Saltwater intrusion. Identification of procedures to control 
saltwater intrusion in accordance with section 208(b)(2)(I) of the Act.

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    (G) Urban stormwater. Identification of BMPs for urban stormwater 
control to achieve water quality goals and fiscal analysis of the 
necessary capital and operations and maintenance expenditures in 
accordance with section 208(b)(2)(A) of the Act.
    (iv) The nonpoint source plan elements outlined in Sec. 130.6(c) 
(4)(iii)(A)(G) of this regulation shall be the basis of water quality 
activities implemented through agreements or memoranda of understanding 
between EPA and other departments, agencies or instrumentalities of the 
United States in accordance with section 304(k) of the Act.
    (5) Management agencies. Identification of agencies necessary to 
carry out the plan and provision for adequate authority for 
intergovernmental cooperation in accordance with sections 208(b)(2)(D) 
and 303(e)(3)(E) of the Act. Management agencies must demonstrate the 
legal, institutional, managerial and financial capability and specific 
activities necessary to carry out their responsibilities in accordance 
with section 208(c)(2)(A) through (I) of the Act.
    (6) Implementation measures. Identification of implementation 
measures necessary to carry out the plan, including financing, the time 
needed to carry out the plan, and the economic, social and environmental 
impact of carrying out the plan in accordance with section 208(b)(2)(E).
    (7) Dredge or fill program. Identification and development of 
programs for the control of dredge or fill material in accordance with 
section 208(b)(4)(B) of the Act.
    (8) Basin plans. Identification of any relationship to applicable 
basin plans developed under section 209 of the Act.
    (9) Ground water. Identification and development of programs for 
control of ground-water pollution including the provisions of section 
208(b)(2)(K) of the Act. States are not required to develop ground-water 
WQM plan elements beyond the requirements of section 208(b)(2)(K) of the 
Act, but may develop a ground-water plan element if they determine it is 
necessary to address a ground-water quality problem. If a State chooses 
to develop a ground-water plan element, it should describe the 
essentials of a State program and should include, but is not limited to:
    (i) Overall goals, policies and legislative authorities for 
protection of ground-water.
    (ii) Monitoring and resource assessment programs in accordance with 
section 106(e)(1) of the Act.
    (iii) Programs to control sources of contamination of ground-water 
including Federal programs delegated to the State and additional 
programs authorized in State statutes.
    (iv) Procedures for coordination of ground-water protection programs 
among State agencies and with local and Federal agencies.
    (v) Procedures for program management and administration including 
provision of program financing, training and technical assistance, 
public participation, and emergency management.
    (d) Indian Tribes. An Indian Tribe is eligible for the purposes of 
this rule and the Clean Water Act assistance programs under 40 CFR part 
35, subparts A and H if:
    (1) The Indian Tribe has a governing body carrying out substantial 
governmental duties and powers;
    (2) The functions to be exercised by the Indian Tribe pertain to the 
management and protection of water resources which are held by an Indian 
Tribe, held by the United States in trust for Indians, held by a member 
of an Indian Tribe if such property interest is subject to a trust 
restriction on alienation, or otherwise within the borders of an Indian 
reservation; and
    (3) The Indian Tribe is reasonably expected to be capable, in the 
Regional Administrator's judgment, of carrying out the functions to be 
exercised in a manner consistent with the terms and purposes of the 
Clean Water Act and applicable regulations.
    (e) Update and certification. State and/or areawide agency WQM plans 
shall be updated as needed to reflect changing water quality conditions, 
results of implementation actions, new requirements or to remove 
conditions in prior conditional or partial plan approvals. Regional 
Administrators may require that State WQM plans be updated as needed. 
State Continuing Planning Processes (CPPs) shall specify the

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process and schedule used to revise WQM plans. The State shall ensure 
that State and areawide WQM plans together include all necessary plan 
elements and that such plans are consistent with one another. The 
Governor or the Governor's designee shall certify by letter to the 
Regional Administrator for EPA approval that WQM plan updates are 
consistent with all other parts of the plan. The certification may be 
contained in the annual State work program.
    (f) Consistency. Construction grant and permit decisions must be 
made in accordance with certified and approved WQM plans as described in 
Secs. 130.12(a) and 130.12(b).

[50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14360, Apr. 11, 1989; 59 
FR 13818, Mar. 23, 1994]

    Effective Date Note: At 65 FR 43662, July 13, 2000, Sec. 130.6 was 
redesignated as Sec. 130.51, and at 65 FR 43670, July 13, 2000, newly 
redesignated Sec. 130.51 was amended by revising paragraphs (a), (c)(1), 
and (f), 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. 130.51  Water quality management plans

    (a) Water quality management plans. You must base continuing water 
quality planning on initial water quality management plans produced in 
accordance with sections 208 and 303(e) of the Clean Water Act and 
certified and approved updates to those plans. Your annual water quality 
planning should focus on priority issues and geographic areas identified 
in your latest section 305(b) reports and have a watershed focus. Water 
quality planning should be directed at the removal of conditions placed 
on previously certified and approved water quality management plans and 
updates to support the implementation of wasteload allocations and load 
allocations contained in TMDLs.

                                * * * * *

    (c) * * *
    (1) Total Maximum Daily Loads. TMDLs in accordance with section 
303(d) and (e)(3)(C) of the Act and Secs. 130.2 and 130.31 through 
130.36; also lists of impaired waters in accordance with Secs. 130.2 and 
130.22 through 130.30.

                                * * * * *

    (f) Consistency. Construction grant and permit decisions must be 
made in accordance with certified and approved WQM plans as described in 
Secs. 130.63(a) and (b). Likewise, financial assistance under the State 
water pollution control revolving funds may be made only to projects 
which are in conformity with such plans as specified in section 603(f) 
of the Act.

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