WSP00764 - Laserfiche WebLink

Home Browse Search

.- . 142.~O ,~ . . , . ENVIRONMENTAL PROTECTION AGENCY [ 40 eFR Part 126 ] . AREAWIDE WASTE TREATMENT MANAGE- MENT PLANNING ARE.~S AND RESPON- SIBLE PLANNING AGENCIES Proposed Designation Notice Is herebY g!\ren that the regula- tlons .set forth below are proposed by the EnvLranmentat Protection Agency. The proposed regulatIons nore designed to serve as guides tor the Governors of the States and elected local officia.ls 1D iden- Ufl1ng areas which. as.a result or w-ban- industrIal concentrations or factors. have substantial water quality control prob- lems which require an areawide approach in planning {or and 1mplement.lng cor- rective action. and in designating agen- cies capable of developing waste treat- ment manngement plans :or such areas. Sect10n 208 (a) of the Federal Water Pollution Control Act. as amended 86 Stat. 816. 33 U.S.C. 1288 (1972), requires the Governor of each State to identify each intrastate area. (Governors in inter- state areas), v.rueh as a result of urban- industrial concentrations or other fac- tors, has substa.n.tlal water Quality control problems. In addition. the Gov- emor(s) . after consultatIon with appro- priate elected and other officials of local governments ha'ling juI1sdlction in such areas, shn.l1 designate (A) the area. in- cluding Its boundaries, and (B) a single representatIve orc-nntzation, inclUding -local elected officials or their desibTIees, capable ot de\'eloplng e:f!ect1ve a.reawide treatment plans for such area.. The Act further pr0\1des that the Gov- . emor(s) may from' time to time, and for good reason, modify previQusly desig- nated boundaries. or designate addit.lonnl areas s.nd planning agencies for such &.reas. In the event that a Governor remains aUent regardtng deslgnat30n of an other- th hi r I d Subpart S-Pr<<:edures for Designation of 208 wise eligible area, e c e e ecte Om- Planning Areas and Aaencies Responsible tor cials of ge:ieral :>urpose local yovern-. Planning ment may by agreemt:::..t desIgnate both 126.10 cn~rta. for determination of 208 the area and the agency responsible for planning areas. the planning. 126.11 crlt.erl.& for deslgna.tlon ot a.g~nde~ The emphasis of this sectlon ot the responslble tor plannmg. le~"lnt1on is to pro\':ide a mechantsm for 126.12 Procedure for deslgna.tlon of Intra- 1!IOl"3 6tate 2GB pts.nnlng t!.n&S e.nd a.gen- effective jotnt. areawide implementation ctes respon.s1ble tor plnnnlng. of the planned actions In complex situa- 126.13' PrOCedure tor designation 01 Intet_ tions involving numerous llmn1c1paJ. and 6t8.te 208 planning l\teas a.nd agen_ JndustriaI . point source and nonpolnt ctes responstble for plannIng. . source control problems. Analysts per. 12~.l"'- Non<1ee!gna.t1on of 200 pla.nn1ng formed In the basin plans developed pur. ..., e.reM Bond/or agendes b'Y Gover- notes). suant to section 303(e) of the Act is used 12615 subm1s8lons Of 208 plann.l.ng areas In pa.rt tn developing the need and use . 6nd agencIes responsIble for plan- . of these areawide plans. Ding. In view of the tntention of the leg1sla.. 126.18 Procedure for desIgnation of 208 tion. the Env1ronmental Protection plann1ng &nM lUld agencies re- II h t wid 5pOIU;Ible tor Planning by the chIef Agency be eves t a an area e water elected omclals of general purpose qual1ty management program should be 1~e.1. Kov~mm.~nt. carried out to gain the following objec. 126.17 Review of Bubmlsslons. t1ves: 12Cl.l8 Rev1s1on. Provide cost effective, point source treatment and control for areas of urban- 1nd~trtaI concentrations ha.vlng sub. 126..20 stantial water quality control problems. . 1- " PROPOSED RULES SubpOlrt D--Public Participallon 126.30 Public participation reqUlrements In designation ot 206 plannIng areas and designatton or agencies re- apon.slble for pla.nnJng. Subpart E--Assistance to Designated Agencies 1:l6.40 DetermInation or ellglb1llty. Subp~rt F-Grants [Reserved] AUTBOIUTY.--SeC. 208 and. 5()1. 86::; Sta.t. 818, ___~ (1972). Subpart A-Scope and Purpose; Definitions fi 126.1 ScDpe nnd purpose. This part establishes regulations spec1. tying procedural and other elements and criteria lor the use of State Governors and chief elected offic1als of general pur.. pose local government in the designation of the areas, Including their bOW1daries, reo.u1ring areawide plnnnlng for waste treatment management pursuant to sec. tioD 208 of the Act and designation. of agencies resixmsible for such planning. This part provIdes that each state should comply with the requirements 01 the reg- ulation not later than 180 days after the date or publication of this regulatJon. g 126.2 Definilions. As used In this part. the following terms shall have tlle meanings set forth below: (a) The term "Act" means the Fed- eral Water Pollution Control Act, as amended. 33 U.S.C. -, et seQ. (b) The. term "EPA" means the U.S. Environmentai Protection Agency. (c) The term "AdmJnistrator" means the AdIIllnJstrator or the u.s. Environ- mental Protection Agency. Cd) The term "208 planning areas" means the mea. desIgnated under section 208(a) (2), (3), or (4) of the Act. Subpart B-Procedures for Designation of 208 Planning Areas end Agencies Re. sponsible for Planning ~ 126.10 wilen. for del{'rminalion of 208 planning area.!!. A 208 planning area. must meet all the foll()';J,'lngcriteria: (So) A preference will be given by the Ad.m1n1strator. in approving designa- tiorus, to areas of urban-industrial con- centrations, because of the Act's legIsla.. .tive history and in view of the Instltutional nature or urban-Industrial concentrations. For this pui"pose an urban-industrial concentra.tion Ls tJut portion or a standard metropolitan sta- tistical "rea (SMSA) , or those portlons of Sl\.ISA's, having substantial concen- trations of population and manufactur- ing production. or other factors which result in substantial 9.-ater control prob- lems. The enUre SMSA(s) may be desig- nated as the planning area. Such areas may be increased to include areas out~ side the SMSA(s) which have substantial water Quality control problems resulting from concentrations of popula.tion and manufacturing acthity or other factors \ 0552 Provide procedures and methods for control of non. point sources in urban- tndust.r:1al and other a.reas where such controls are required, including preven- tion of water quality problems in the future. Provide :for a coordinated waste treat- ment .management in such areas. These regulations therefore set forth: Procedures to be used by State Gov- ernors or the chief elected otficials ot general purpose local government In the designation of the areas requiring an areawIde waste treatment management approach. Procedures for the designation of the agency responsible for planning in each such area. The method of submission and EPA B.PP'I'oval of (A) the 208 planning a.reas, nnd (B) the agencies responsible for planning. Many or the planning requirements of 208 caa effectively be performed on a. statewide basis. The section 303(e) planning process funded under sectlon 106 may be utlllzed by the State to con- duct the applicable planning. Prior to the adoption ot the proposed reguIations. consideration will be given to comments, suggestIons, or objections wh1ch may be submitted in wrlting to: Chief. Planning and Standards Branch. Office of Air and Water Programs. En~ vironmental Protection Agency. Wash- ington. D.C. 20460. All commentS. sug- gestions, or objections rece1 ved on or before July 16, .1973, wID be considered. RoSERT W. FRI. Acting Administrator. MAy 24, 1913. RzCULATION SECTION 208{a) Subpirt .\-Scope .nd Purpose; DefiniUons Bee. 128.1 SCope and Purpose. 12t1JJ .I)efln.1t:Lona. Subpart c-s...te P!ennina: In Nondesisnated ~eas Dt'terzrun....tloD or planning agencies 10. nonl ~slsna.ted aTeM. FEDERAL REGI5TER, VOL. 38, NO.. 103-WEONE5DAY, MAY 30, 1973