[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: 40CFR130.29]

[Page 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. 130.29  Can you modify your list?

    (a) You may modify your list at times other than those required by 
Sec. 130.30, in accordance with this section. If you modify your list 
and prioritized schedule, you must submit your list to EPA as a 
modification to your list under this section and follow the public 
participation requirements of Sec. 130.36, except that such requirements 
shall apply only to waterbodies and issues addressed by the 
modification. The requirements of subsections (b), (c), (d), and (e) of 
this section apply to lists submitted under Sec. 130.30(a) or at any 
other time.
    (b) You must keep each impaired waterbody on your list for a 
particular pollutant until it is attaining and maintaining applicable 
water quality standards for that pollutant.
    (c) You may remove a listed waterbody for a particular pollutant if 
new data or information indicate that the waterbody is attaining and 
maintaining the applicable water quality standards for that pollutant.
    (d) You may add a waterbody to your list if you have data or 
information indicating that it is impaired.
    (e) You may modify your prioritized schedule for establishing TMDLs 
in accordance with Sec. 130.28 based on new information provided that 
the modification does not reduce the number of TMDLs scheduled for 
completion during the first four years of the current approved schedule.
    (f) EPA must issue an order approving or disapproving the 
modification of your list or prioritized schedule in accordance with 
Sec. 130.30(b).
    (g) EPA may also issue an order modifying a list consistent with the 
provisions of paragraphs (c), (d) and (e) of this section, after 
providing notice and an opportunity for public comment.