Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 40 - Protection of Environment |
Chapter I - Environmental Protection Agency |
SubChapter D - Water Programs |
Part 130 - Water Quality Planning and Management |
Subpart C - Identifying Impaired Waterbodies And Establishing Total Maximum Daily Loads (TMDLs) |
What This Subpart Covers |
§ 130.21 - What is the purpose of this subpart?
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(a) This subpart explains how to identify and list impaired waterbodies and establish TMDLs in accordance with section 303(d) of the Clean Water Act. The subpart also explains how EPA reviews and approves or disapproves your lists and TMDLs. Specifically, the subpart explains how to:
(1) Assemble all existing and readily available water quality-related data and information;
(2) Document your methodology for considering and evaluating all existing and readily available water quality-related data and information to make decisions on your list and provide the methodology to EPA and the public;
(3) Identify impaired waterbodies to be included on the list and decide which of those waterbodies will have TMDLs established for them;
(4) Identify the pollutant or pollutants causing the impairment for all waterbodies on Part 1 of your list;
(5) Develop a prioritized schedule for establishing TMDLs for waterbodies on Part 1 of your list;
(6) Establish TMDLs for waterbodies on Part 1 of your list and submit them to EPA for review;
(7) Provide public notice and an opportunity for public comment on your methodology, your list, and TMDLs prior to final submission to EPA.
(b) It also explains how EPA must:
(1) Review and approve or disapprove your list of impaired waterbodies;
(2) Develop a list where you fail to do so or if EPA disapproves your list;
(3) Review and approve or disapprove your TMDLs;
(4) Establish TMDLs if you have not made substantial progress in establishing TMDLs in accordance with your approved schedule, or if EPA disapproves your TMDLs .