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." . PROPOSED RULES '. ... ~,I'" .I . and which are contiguous to the urban- -Jndustrial area. of concentration within the SMSA(s); (b) The area must have a substantial water quality control problem. A sub- stantial water quality control problem shall be considered to exist only where the complexity and nature of the water Quality control problem requires an area- v.i.de waste treatment manag~ment plan. and where; (1) A substantial portion of the major receiving ~...aters availnble for waste dis- charge fl'Orn the area has been classified by the St:lte as 3. water quality segment. after adequate an.alysis demonstrating this ClAssification. under the requIre- ments of 40 CPR 130; or (2) A substantial and e~tensive groundwater pollution problem exists. (c) The affected general purpose units of local government WIthin the bounda- ries of the problem area (208 planning area) must: (1) Have in operation a coordinated waste treatment management system. or (2) Show their Intent, through for- mally adopted resolutions. to join to- gether in the planning process to develop and implement a phn which will result in a coordinated waste treatment man- agement system for the area. Cd) The area must be located within a Sta.te or States each of ~"hich has legis- lation which authorizes units of local govern men t to enter into agreements for coordinated wastev."3.ter management as .set forth in section 208 of the Act. -.. (1) The general and specific authori- ties and prohibitions of the agency with regard to water quality management . planning. including but not limIted to coordination with or participation in comprehensive planning. land use plan- ning, water sewer planning, coastal zone planning and other related plarming and development activities and cont.rols. (it) The relationshi'p of the agency (both formal and informal> with plan- ning agencies of different le....els of go....~ Clnment including but not limited to Federal. State. interstate and Federal~ . State agencies as well as local govern- ment agencies. (iiD The relationship of the agency (both formal and informal) with man- agement and regulatory agencies such as those that possess zoning and subdivi- sion controls, and those tha.t construct and operate wastewater facilitles. <iv) 'Vhere an existing agenc~. is deslgna too: (n) The a;ency's past record in water Quality management planning with .5pe~ cial regard to plan Quality, technical. fiscal, political and economic fenslbility. and environmental soundness. (bl The agency's expertise, either in- house or readily availahle, v..ith particu- lar regard to water quality and compre- hensive planning. (c) The agency's fiscal. manpower, data, and other resources In ligbt ot existing and prop<",sed 3 year commit. ments in other areas. ~ 126.12 Proct'durc Cor d('~ign:!rion or g ]26.11 Crilcri:! for dc.;;i:::notion of inlrosllllc 20& plannin~ arc:!! nnd ag<"ncics respon..ibl.... (or planning. agcncie~ rcspon,..illle (or planning. Ca.) The agency shall be a representa- The Governor of the Slate shall. after tlve organization whose membership proper consultation ,...ith appropriate shall Include but need not be limited elected Bnd other officials -of local gov- to elected oflicials of local governments. emments having jurisdiction in such or their designees. haYing jurisdiction Brea, nnd such State agencies as he may In the designated planning area. The desire, and having complied with the a.gency shall establish procedures for :requi:rements for public participation as plan adoption md resolution of major set forth in section 126.30 of this regu- 1ssues. The agency shall have. as a mini- lation, desicnate the 208 planning area, mum, waste ,treatment planning juris- including its boundaries. and a single diction in the entire nesign:::l.Led dr~'J.. representative agency to be responsible Existing, capable regional agencies may for the planning. In designating such be designated consistent with the poll- planning areas and agencies, the Gov- des In title IV of the Intergo\'en1mental ernor shall consider the criterIa set COoperation Act of 19GB. as implemented forth in ~~ 126.10 and 126.11. by part IV ot 01\.1B Circular A-95. A ~ 126.]3 Procc(lure for dC!iignalion or r;ingle Qualified agency may be deslg- inlerslolC 208 planning areD!'! nnd nated as being responsible for planning ugencie-s re5pomible for plannins;. In more than one planning area. (b) In the selection of the areawide The Governors of the States ~hall,.in planning agency, the Govemor(s) must intersta~e areas, after consultatlOn With id th t uch agency by Federal/appropriate elected and other officials cons er n s '. . of all local governments having juris- . la.w. shall have" thE: water quality man- diction and '\\ith such State and inter- agement plannl11g process fully under . th . It tl n 1 year after its desig- state agencies as ey may deSire, or may wa.y no a er 1a be required by State legisl:1tion and hav- naUon. Fu:~her, the agency must. have ing complied with the reqUirements for the capabll1ty: ~ complete. and" Sha~ public participation as set forth in sec- complete. the mItlal water ~ual1ty man tion 126.30, mutually design-ate each 208- agement p.lan no Inter "th~n 2 yeo.r~ aft~~ planning area inclUding its boWldaries, the pla~ll1g process 1S m operlltlon and for each area. a single representative INch earl1.er date as. the State may re- agency to be responsible for the plan- quire for mCOI"POra.tlOn into state plans Ding. In designating such planning areas required under section 3Q3(e) of the Ac~. nnd agencIes the Governors shall con~ The Go\"ernor or. i!1 interstate cases. the" "' . . ~ 'l Go....cmors. shall in the designation SIder the criteria. set forth 1.::1 -d 1..6.10 process. consider: and 126.11. . 14231 / fi 126..14 Nonde~i,:::nlllion of 208-pl:ln. nmg areas nnd/or agencil'.! b~: Co,:- ernor(s). In certain intrastate areas the Gov- ernor may determine not to designate a 208-planning area even though the cri- teria" set forth in ~~ 126.10 and 126.11 may be met. Specific non designation of a :W8.planning area does not preclude later deslgnation by the GoveInor. NOTE.-Attentlnn is called to the fact that. the -Governor has three specific choices of action. He may deslg-nate: remain silent: or Olay nontleslgna.t~ speCific nre.:lS. If the Gov- ernor remains silent the chief elected of. ficll'lls of genera.. purpose local government in the area may make such deslsnatlons if they so choose. Upon approval by the Admin. Istrlltor, deSignation by local elected officials Is binding upon the Go\'ernOr. ~ 126.15 Suhnlission!'! of 208 p1nnning arell8 Ellul agencies rc:!opon~iblc ror planning:. 'Vi thin 180 days after issuance of the regulations the Governor shall notify the. Administrator of his nctIons regard- in; designation of 208 planning areas and agencies responsible for the plan- ning" This notificntion shall be in writing and shall include: (a) Identification and supporting an<llysis of each water Quality segment included in each area, set forth in regu- lation parts 130 and 131 of this chapter, (b) An exact description of the bound- aries of each area Including: (1) A statement of whether in the case of urban-lndus~rial concentrations the boundaries of the area conform with the boundaries of the SMSA (s) as clcflned by the Office of Management and BUdget, and if in nonconformance the reasC':\3 for any departure from the recognized boun. daries of the SivISACs) ; or C~) If the area is not loc:1ied within nn SMSA and where other factors are re~ sponsiblc for deSignation. a statement in- dicating: 0) Population of the area, (it) Nature of the concentration and distribution of industrial activity in the area. tiiU Degree to which it Is anticipated that the area could Improve its ab1l1ty to control water quality problems were it designated as a section 208 area. 0.....) Factors responsibile for destgna,- tion. (c) For each area a copy of the charter of existing regional waste treatment management, agencies or fonnally adopted resolutions which demonstrate U1at the general purpose units or local government involved will join together In the planning process to de\"elop and 1m- plement a plan which wl11 result in a coordinated waste treatment manage~ ment system for the area. (d) For each area the name, address. a.nd omcial contact of the agency dcsig~ nated to carry out the planning. (e) A list of all eligible areas which the Gm.ernor ':...ishes to nondesi::;natc at this time. \ FEDERAL REGISTER. VOL. 3S, ~o. 103--WEDNESDAY", MAY 30, 1973 ()'551