[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.9]

[Page 362]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130--WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
Sec. 130.9  Designation and de-designation.

    (a) Designation. Areawide planning agencies may be designated by the 
Governor in accordance with section 208(a) (2) and (3) of the Act or may 
self-designate in accordance with section 208(a)(4) of the Act. Such 
designations shall subject to EPA approval in accordance with section 
208(a)(7) of the Act.
    (b) De-designation. The Governor may modify or withdraw the planning 
designation of a designated planning agency other than an Indian tribal 
organization self-designated Sec. 130.6(c)(2) if:
    (1) The areawide agency requests such cancellation; or
    (2) The areawide agency fails to meet its planning requirements as 
specified in grant agreements, contracts or memoranda of understanding; 
or
    (3) The areawide agency no longer has the resources or the 
commitment to continue water quality planning activities within the 
designated boundaries.
    (c) Impact of de-designation. Once an areawide planning agency's 
designation has been withdrawn the State agency shall assume direct 
responsibility for continued water quality planning and oversight of 
implementation within the area.
    (d) Designated management agencies (DMA). In accordance with section 
208(c)(1) of the Act, management agencies shall be designated by the 
Governor in consultation with the designated planning agency. EPA shall 
approve such designations unless the DMA lacks the legal, financial and 
managerial authority required under section 208(c)(2) of the Act. 
Designated management agencies shall carry out responsibilities 
specified in Water Quality Management (WQM) plans. Areawide planning 
agencies shall monitor DMA activities in their area and recommend 
necessary plan changes during the WQM plan update. Where there is no 
designated areawide planning agency, States shall monitor DMA activities 
and make any necessary changes during the WQM plan update.