[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: 40CFR130.28]

[Page 361-362]
 
                   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. 130.28  What must your prioritized schedule for submitting TMDLs to EPA contain?

    (a) Your list must include a prioritized schedule for establishing 
TMDLs for all waterbodies and pollutant combinations on Part 1 of your 
list.
    (b) You must schedule establishment of TMDLs:
    (1) as expeditiously as practicable, evenly paced over the duration 
of the schedule;
    (2) no later than 10 years from July 10, 2000, if the waterbody and 
pollutant was listed on any part of the list before that date or 10 
years from the due date of the first subsequent list after July 10, 
2000, on which the waterbody and pollutant is initially included. You 
may extend the schedule for one or more TMDLs by no more than five years 
if you explain to EPA as part of your list submission that, despite 
expeditious actions, establishment of all TMDLs on Part 1 of your list 
within 10 years is not practicable.
    (c) You must identify each specific TMDL you intend to establish and 
the one year period during which it is scheduled to be established. Your 
schedule should provide for the coordinated establishment of TMDLs 
within a watershed to the fullest extent practicable.
    (d) You must:
    (1) explain how you considered the severity of the impairment and 
the designated use of the waterbody in prioritizing waterbodies for TMDL 
establishment on your schedule.
    (2) Identify waterbodies:
    (i) That are designated in water quality standards as a public 
drinking water supply, or are used as a source of drinking water, and 
are impaired by a pollutant that is contributing to a violation of a 
national primary drinking water regulation (NPDWR) by a public water 
system or causes a public water system to be vulnerable to a violation 
of a NPDWR; or
    (ii) Where species listed as threatened or endangered under section 
4 of the Endangered Species Act are present in the waterbody.

[[Page 362]]

    (3) Waterbodies identified in this subsection must be given a higher 
priority unless you explain why a different priority is appropriate.
    (e) When identifying and scheduling your waterbodies for TMDL 
establishment, you may also consider the presence of sensitive aquatic 
species and other factors such as the historical, cultural, economic and 
aesthetic uses of the waterbody. You may consider other factors in 
prioritizing your schedule, including the value and vulnerability of 
particular waterbodies; the recreational, economic, and aesthetic 
importance of particular waterbodies; TMDL complexity; the degree of 
public interest and support; State, Territorial and authorized Tribal 
policies and priorities; national policies and priorities; or the 
efficiencies that might result from coordinating the establishment of 
TMDLs for multiple waterbodies located in the same watershed. If you are 
using a rotating basin approach, you may take that approach into account 
when prioritizing waterbodies on your schedule because of the inherent 
efficiencies of such an approach.
    (f) If you consider other factors, you should identify each factor 
and explain how you used each factor in prioritizing your schedule.