[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.10]

[Page 359-362]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130_WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
Sec. 130.10  State submittals to EPA.

    (a) The following must be submitted regularly by the States to EPA:
    (1) The section 305(b) report, in FY 84 and every two years 
thereafter, and the annual section 205(j) certification or update of the 
305(b) water quality report; (Approved by OMB under the control number 
2040-0071)
    (2) The annual State work program(s) under sections 106 and 205(j) 
of the Act; and (Approved by OMB under the control number 2010-0004)
    (3) Revisions or additions to water quality standards (WQS) 
(303(c)). (Approved by OMB under 2040-0049)
    (b) The Act also requires that each State initially submit to EPA 
and revise as necessary the following:
    (1) Continuing planning process (CPP) (303(e));
    (2) Identification of water quality-limited waters still requiring 
TMDLs (section 303(d)), pollutants, and the priority ranking including 
waters targeted for TMDL development within the next two years as 
required under Sec. 130.7(b) in accordance with the schedule set for in 
Sec. 130.7(d)(1).

(Approved by the Office of Management and Budget under control number 
2040-0071)
    (3) Total maximum daily loads (TMDLs) (303(d)); and
    (4) Water quality management (WQM) plan and certified and approved 
WQM plan updates (208, 303(e)). (Paragraph (b)(1), (4) approved by OMB 
under the control number 2010-0004).
    (c) The form and content of required State submittals to EPA may be 
tailored to reflect the organization and needs of the State, as long as 
the requirements and purposes of the Act, this part and, where 
applicable, 40 CFR parts 29, 30, 33 and 35, subparts A and J are met. 
The need for revision and schedule of submittals shall be agreed to 
annually with EPA as the States annual work program is developed.
    (d) Not later than February 4, 1989, each State shall submit to EPA 
for review, approval, and implementation--
    (1) A list of those waters within the State which after the 
application of effluent limitations required under section 301(b)(2) of 
the CWA cannot reasonably be anticipated to attain or maintain (i) water 
quality standards for such waters reviewed, revised, or adopted in 
accordance with section 303(c)(2)(B) of the CWA, due to toxic 
pollutants, or (ii) that water quality which shall assure protection of 
public health, public water supplies, agricultural and industrial uses, 
and the protection and propagation of a balanced population of 
shellfish, fish and wildlife, and allow recreational activities in and 
on the water;
    (2) A list of all navigable waters in such State for which the State 
does not expect the applicable standard under section 303 of the CWA 
will be achieved after the requirements of sections 301(b), 306, and 
307(b) are met, due entirely or substantially to discharges from point 
sources of any toxic pollutants listed pursuant to section 307(a);
    (3) For each segment of navigable waters included on such lists, a 
determination of the specific point source discharging any such toxic 
pollutant

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which is believed to be preventing or impairing such water quality and 
the amount of each such toxic pollutant discharged by each such source.

(Approved by the Office of Management and Budget under control number 
2040-0152)
    (4) For the purposes of listing waters under Sec. 130.10(d)(2), 
applicable standard means a numeric criterion for a priority pollutant 
promulgated as part of a state water quality standard. Where a state 
numeric criterion for a priority pollutant is not promulgated as part of 
a state water quality standard, for the purposes of listing waters 
``applicable standard'' means the state narrative water quality 
criterion to control a priority pollutant (e.g., no toxics in toxic 
amounts) interpreted on a chemical-by-chemical basis by applying a 
proposed state cirterion, an explicit state policy or regulation, or an 
EPA national water quality criterion, supplemented with other relevant 
information.
    (5) If a water meets either of the two conditions listed below the 
water must be listed under Sec. 130.10(d)(2) on the grounds that the 
applicable standard is not achieved or expected to be achieved due 
entirely or substantially to discharges from point sources.
    (i) Existing or additional water quality-based limits on one or more 
point sources would result in the achievement of an applicable water 
quality standard for a toxic pollutant; or
    (ii) The discharge of a toxic pollutant from one or more point 
sources, regardless of any nonpoint source contribution of the same 
pollutant, is sufficient to cause or is expected to cause an excursion 
above the applicable water quality standard for the toxic pollutant.
    (6) Each state shall assemble and evaluate all existing and readily 
available water quality-related data and information and each state 
shall develop the lists required by paragraphs (d)(1), (2), and (3) of 
this section based upon this data and information. At a minimum, all 
existing and readily available water quality-related data and 
information includes, but is not limited to, all of the existing and 
readily available data about the following categories of waters in the 
state:
    (i) Waters where fishing or shellfish bans and/or advisories are 
currently in effect or are anticipated.
    (ii) Waters where there have been repeated fishkills or where 
abnormalities (cancers, lesions, tumors, etc.) have been observed in 
fish or other aquatic life during the last ten years.
    (iii) Waters where there are restrictions on water sports or 
recreational contact.
    (iv) Waters identified by the state in its most recent state section 
305(b) report as either ``partially achieving'' or ``not achieving'' 
designated uses.
    (v) Waters identified by the states under section 303(d) of the CWA 
as waters needing water quality-based controls.
    (vi) Waters identified by the state as priority waterbodies. (State 
Water Quality Management plans often include priority waterbody lists 
which are those waters that most need water pollution control decisions 
to achieve water quality standards or goals.)
    (vii) Waters where ambient data indicate potential or actual 
exceedances of water quality criteria due to toxic pollutants from an 
industry classified as a primary industry in appendix A of 40 CFR part 
122.
    (viii) Waters for which effluent toxicity test results indicate 
possible or actual exceedances of state water quality standards, 
including narrative ``free from'' water quality criteria or EPA water 
quality criteria where state criteria are not available.
    (ix) Waters with primary industrial major dischargers where dilution 
analyses indicate exceedances of state narrative or numeric water 
quality criteria (or EPA water quality criteria where state standards 
are not available) for toxic pollutants, ammonia, or chlorine. These 
dilution analyses must be based on estimates of discharge levels derived 
from effluent guidelines development documents, NPDES permits or permit 
application data (e.g., Form 2C), Discharge Monitoring Reports (DMRs), 
or other available information.
    (x) Waters with POTW dischargers requiring local pretreatment 
programs where dilution analyses indicate exceedances of state water 
quality criteria (or EPA water quality criteria

[[Page 361]]

where state water quality criteria are not available) for toxic 
pollutants, ammonia, or chlorine. These dilution analyses must be based 
upon data from NPDES permits or permit applications (e.g., Form 2C), 
Discharge Monitoring Reports (DMRs), or other available information.
    (xi) Waters with facilities not included in the previous two 
categories such as major POTWs, and industrial minor dischargers where 
dilution analyses indicate exceedances of numeric or narrative state 
water quality criteria (or EPA water quality criteria where state water 
quality criteria are not available) for toxic pollutants, ammonia, or 
chlorine. These dilution analyses must be based upon estimates of 
discharge levels derived from effluent guideline development documents, 
NPDES permits or permit application data, Discharge Monitoring Reports 
(DMRs), or other available information.
    (xii) Waters classified for uses that will not support the 
``fishable/swimmable'' goals of the Clean Water Act.
    (xiii) Waters where ambient toxicity or adverse water quality 
conditions have been reported by local, state, EPA or other Federal 
Agencies, the private sector, public interest groups, or universities. 
These organizations and groups should be actively solicited for research 
they may be conducting or reporting. For example, university 
researchers, the United States Department of Agriculture, the National 
Oceanic and Atmospheric Administration, the United States Geological 
Survey, and the United States Fish and Wildlife Service are good sources 
of field data and research.
    (xiv) Waters identified by the state as impaired in its most recent 
Clean Lake Assessments conducted under section 314 of the Clean Water 
Act.
    (xv) Waters identified as impaired by nonpoint sources in the 
America's Clean Water: The States' Nonpoint Source Assessments 1985 
(Association of State and Interstate Water Pollution Control 
Administrators (ASIWPCA)) or waters identified as impaired or threatened 
in a nonpoint source assessment submitted by the state to EPA under 
section 319 of the Clean Water Act.
    (xvi) Surface waters impaired by pollutants from hazardous waste 
sites on the National Priority List prepared under section 105(8)(A) of 
CERCLA.
    (7) Each state shall provide documentation to the Regional 
Administrator to support the state's determination to list or not to 
list waters as required by paragraphs (d)(1), (d)(2) and (d)(3) of this 
section. This documentation shall be submitted to the Regional 
Administrator together with the lists required by paragraphs (d)(1), 
(d)(2), and (d)(3) of this section and shall include as a minimum:
    (i) A description of the methodology used to develop each list;
    (ii) A description of the data and information used to identify 
waters and sources including a description of the data and information 
used by the state as required by paragraph (d)(6) of this section;
    (iii) A rationale for any decision not to use any one of the 
categories of existing and readily available data required by paragraph 
(d)(6) of this section; and
    (iv) Any other information requested by the Regional Administrator 
that is reasonable or necessary to determine the adequacy of a state's 
lists. Upon request by the Regional Administrator, each state must 
demonstrate good cause for not including a water or waters on one or 
more lists. Good cause includes, but is not limited to, more recent or 
accurate data; more accurate water quality modeling; flaws in the 
original analysis that led to the water being identified in a category 
in Sec. 130.10(d)(6); or changes in conditions, e.g., new control 
equipment, or elimination of discharges.
    (8) The Regional Administrator shall approve or disapprove each list 
required by paragraphs (d)(1), (d)(2), and (d)(3) of this section no 
later than June 4, 1989. The Regional Administrator shall approve each 
list required under paragraphs (d)(1), (d)(2), and (d)(3) of this 
section only if it meets the regulatory requirements for listing under 
paragraphs (d)(1), (d)(2), and (d)(3) of this section and if the state 
has met all the requirements of paragraphs (d)(6) and (d)(7) of this 
section.
    (9) If a state fails to submit lists in accordance with paragraph 
(d) of this

[[Page 362]]

section or the Regional Administrator does not approve the lists 
submitted by such state in accordance with this paragraph, then not 
later than June 4, 1990, the Regional Administrator, in cooperation with 
such state, shall implement the requirements of CWA section 304(l) (1) 
and (2) in such state.
    (10) If the Regional Administrator disapproves a state's decision 
with respect to one or more of the waters required under paragraph (d) 
(1), (2), or (3) of this section, or one or more of the individual 
control strategies required pursuant to section 304(l)(1)(D), then not 
later than June 4, 1989, the Regional Administrator shall distribute the 
notice of approval or disapproval given under this paragraph to the 
appropriate state Director. The Re gional Administrator shall also 
publish a notice of availability, in a daily or weekly newspaper with 
state-wide cir culation or in the Federal Register, for the notice of 
approval or disap proval. The Regional Administrator shall also provide 
written notice to each discharger identified under sec tion 
304(l)(1)(C), that EPA has listed the discharger under section 
304(l)(1)(C). The notice of approval and disap proval shall include the 
following:
    (i) The name and address of the EPA office that reviews the state's 
submittals.
    (ii) A brief description of the section 304(l) process.
    (iii) A list of waters, point sources and pollutants disapproved 
under this paragraph.
    (iv) If the Regional Administrator determines that a state did not 
provide adequate public notice and an opportunity to comment on the 
lists prepared under this section, or if the Regional Administrator 
chooses to exercise his or her discretion, a list of waters, point 
sources, or pollutants approved under this paragraph.
    (v) The name, address, and telephone number of the person at the 
Regional Office from whom interested persons may obtain more 
information.
    (vi) Notice that written petitions or comments are due within 120 
days.
    (11) As soon as practicable, but not later than June 4, 1990, the 
Regional Office shall issue a response to petitions or comments received 
under paragraph (d)(10) of this section. Notice shall be given in the 
same manner as notice described in paragraph (d)(10) of this section, 
except for the following changes to the notice of approvals and 
disapprovals:
    (i) The lists of waters, point sources and pollutants must reflect 
any changes made pursuant to comments or petitions received.
    (ii) A brief description of the subsequent steps in the section 
304(l) process shall be included.

[50 FR 1779, Jan. 11, 1985, as amended at 54 FR 258, Jan. 4, 1989; 54 FR 
23897, June 2, 1989; 57 FR 33050, July 24, 1992]