[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.0]

[Page 386-387]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130_WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
Sec.  130.0  Program summary and purpose.




Sec.
130.0 Program summary and purpose.
130.1 Applicability.
130.2 Definitions.
130.3 Water quality standards.
130.4 Water quality monitoring.
130.5 Continuing planning process.
130.6 Water quality management plans.
130.7 Total maximum daily loads (TMDL) and individual water quality-
          based effluent limitations.
130.8 Water quality report.
130.9 Designation and de-designation.
130.10 State submittals to EPA.
130.11 Program management.
130.12 Coordination with other programs.
130.15 Processing application for Indian tribes.

    Authority: 33 U.S.C. 1251 et seq.

    Source: 50 FR 1779, Jan. 11, 1985, unless otherwise noted.


    (a) This subpart establishes policies and program requirements for 
water quality planning, management and implementation under sections 
106, 205(j), non-construction management 205(g), 208, 303 and 305 of the 
Clean Water Act. The Water Quality Management (WQM) process described in 
the Act and in this regulation provides the authority for a consistent 
national approach for maintaining, improving and protecting water 
quality while allowing States to implement the most effective individual 
programs. The process is implemented jointly by EPA, the States, 
interstate agencies, and areawide, local and regional planning 
organizations.

[[Page 387]]

This regulation explains the requirements of the Act, describes the 
relationships between the several components of the WQM process and 
outlines the roles of the major participants in the process. The 
components of the WQM process are discussed below.
    (b) Water quality standards (WQS) are the State's goals for 
individual water bodies and provide the legal basis for control 
decisions under the Act. Water quality monitoring activities provide the 
chemical, physical and biological data needed to determine the present 
quality of a State's waters and to identify the sources of pollutants in 
those waters. The primary assessment of the quality of a State's water 
is contained in its biennial Report to Congress required by section 
305(b) of the Act.
    (c) This report and other assessments of water quality are used in 
the State's WQM plans to identify priority water quality problems. These 
plans also contain the results of the State's analyses and management 
decisions which are necessary to control specific sources of pollution. 
The plans recommend control measures and designated management agencies 
(DMAs) to attain the goals established in the State's water quality 
standards.
    (d) These control measures are implemented by issuing permits, 
building publicly-owned treatment works (POTWs), instituting best 
management practices for nonpoint sources of pollution and other means. 
After control measures are in place, the State evaluates the extent of 
the resulting improvements in water quality, conducts additional data 
gathering and planning to determine needed modifications in control 
measures and again institutes control measures.
    (e) This process is a dynamic one, in which requirements and 
emphases vary over time. At present, States have completed WQM plans 
which are generally comprehensive in geographic and programmatic scope. 
Technology based controls are being implemented for most point sources 
of pollution. However, WQS have not been attained in many water bodies 
and are threatened in others.
    (f) Present continuing planning requirements serve to identify these 
critical water bodies, develop plans for achieving higher levels of 
abatement and specify additional control measures. Consequently, this 
regulation reflects a programmatic emphasis on concentrating planning 
and abatement activities on priority water quality issues and geographic 
areas. EPA will focus its grant funds on activities designed to address 
these priorities. Annual work programs negotiated between EPA and State 
and interstate agencies will reflect this emphasis.