[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: 40CFR130.35]

[Page 367]
 
                   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. 130.35  How will EPA assure that TMDLs are established?

    (a) EPA must assure that TMDLs for waterbodies and pollutants 
identified on Part 1 of your list are established. EPA must do this by:
    (1) Working with you to assure that TMDLs are established in 
accordance with your schedule; and
    (2) Establishing a TMDL if you have not made substantial progress in 
establishing the TMDL in accordance with your approved schedule. 
Substantial progress means that you have established a TMDL not later 
than the end of the one-year period during which it was scheduled to be 
established. EPA must establish the TMDL within two years of the date on 
which you fail to make substantial progress. The Administrator may 
extend this period for no more than two years on a case-by-case basis if 
there is a compelling need for additional time. Notice of such extension 
shall be published in the Federal Register.
    (b) EPA may establish TMDLs under other circumstances including:
    (1) You request that EPA do so; or
    (2) EPA determines it is necessary to establish a TMDL for an 
interstate or boundary waterbody or to implement Federal water quality 
standards.
    (c) In establishing any TMDL pursuant to this section, EPA shall 
provide notice and an opportunity for public comment on such order.

                          Public Participation