[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: 40CFR130.34]

[Page 366]
 
                   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. 130.34  What actions must EPA take on TMDLs that are submitted for review?

    (a) EPA must:
    (1) Review each TMDL you submit to determine if it meets the 
requirements of Secs. 130.31, 130.32 and 130.33 and issue an order 
approving or disapproving each TMDL you submit within 30 days after you 
submit it.
    (2) Disapprove the TMDL if it does not meet all those requirements.
    (3) Issue an order establishing a new TMDL for a waterbody and 
pollutant within 30 days of EPA's disapproval or determination of the 
need for revision, if EPA disapproves a TMDL you submit or determines 
that an existing TMDL needs to be revised.
    (4) Publish this order in the Federal Register and a general 
circulation newspaper and request public comment for at least 30 days.
    (5) Issue a subsequent order revising the TMDL after the close of 
the public comment period, as appropriate, if EPA revises its initial 
order based on public comment.
    (6) Send you the final TMDL EPA establishes. You must incorporate 
any EPA-established or EPA approved TMDL into your water quality 
management plan.
    (b) When EPA establishes a TMDL it must provide reasonable 
assurance. It may satisfy the adequate funding requirement of reasonable 
assurance by conditioning Clean Water Act grants to the fullest extent 
practicable and in a manner consistent with effective operation of other 
Clean Water Act programs.
    (c) EPA may also use any of its statutory or regulatory authorities 
and voluntary, incentive-based programs, as it determines appropriate, 
to supplement conditioning Clean Water Act grants in demonstrating 
reasonable assurance.

[[Page 367]]