[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR130.23]

[Page 358-359]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 130--WATER QUALITY PLANNING AND MANAGEMENT--Table of Contents
 
   Subpart C--Identifying Impaired Waterbodies And Establishing Total 
                       Maximum Daily Loads (TMDLs)
 
Sec. 130.23  How do you develop and document your methodology for considering and evaluating all existing and readily available data and information to develop 
          your list?

    (a) Your methodology needs to explain how you will consider and 
evaluate all existing and readily available

[[Page 359]]

water quality-related data and information to determine which 
waterbodies you will include on Parts 1, 2, 3, and 4 of your list, and 
to determine how you will prioritize your schedule for establishing 
TMDLs for waterbodies on Part 1 of your list. You must develop a draft 
methodology and notify the public of the availability of the draft 
methodology for review and comment. You should notify directly those who 
submit a written request for notification. You must provide the public 
an opportunity to submit comments on the draft methodology for no less 
than 60 days. You must provide a summary of all comments received and 
your responses to significant comments when you provide a copy of the 
final methodology to EPA, as required by Sec. 130.24 of this subpart. 
You must make your final methodology available to the public when you 
provide a copy to EPA.
    (b) The methodology should explain how you will consider and 
evaluate the following types of data and information when you make 
listing decisions and develop your prioritized schedule for TMDL 
establishment:
    (1) Physical data and information;
    (2) Chemical data and information;
    (3) Biological data and information;
    (4) Aquatic and riparian habitat data and information; and
    (5) Other data and information about waterbody impairments, 
including drinking water susceptibility analyses.
    (c) Your methodology should, at a minimum, identify those types of 
data and information that you will treat as ``existing and readily 
available'' and explain how you consider the following factors in making 
listing decisions and in developing your prioritized schedule for TMDL 
establishment:
    (1) Data quality and age;
    (2) Degree of confidence you have in the information you use to 
determine whether waterbodies are impaired, including a description of 
the quality assurance/quality control factors you will apply to data and 
information; and
    (3) Number and degree of exceedances of numeric or narrative 
criteria and periods of nonattainment of designated uses or other 
factors used to determine whether waterbodies are impaired.
    (d) Your methodology should describe the procedures and methods you 
will use to collect ambient water quality information.
    (e) Your methodology should, at a minimum, also include the 
following:
    (1) A description of the selection factors you will use to include 
and remove waterbodies from your list;
    (2) A process for resolving disagreements with other jurisdictions 
involving waterbodies crossed by State, Territorial, Tribal or 
international boundaries; and
    (3) A description of the method and factors you will use to develop 
your prioritized schedule for establishing TMDLs.