[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: 40CFR130.36]

[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. 130.36  What public participation requirements apply to your lists and TMDLs?

    (a) You must provide public notice and allow the public no less than 
30 days to review and comment on your list of impaired waterbodies and 
TMDLs prior to submission to EPA. You should notify directly those who 
submit a written request for notification.
    (b) At the time you make your submission to EPA, you must provide 
EPA with a summary of all public comments received on your list and 
TMDLs and your response to all significant comments, indicating how the 
comments were considered in your final decision.
    (c) Prior to your submission to EPA, and at the time that you 
provide the public the opportunity to review and comment on your list 
and TMDLs:
    (1) You must provide a copy of each of these documents to EPA, the 
U.S. Fish and Wildlife Service, and to the National Marine Fisheries 
Service where appropriate (e.g., coastal areas), unless you request EPA 
to provide these documents to the Services, in which case EPA will do 
so.
    (2) You are encouraged to establish processes with both the U.S. 
Fish and Wildlife Service and the National Marine Fisheries Service that 
will provide for the early identification and resolution of threatened 
and endangered species concerns as they relate to your list and TMDLs. 
To facilitate consideration of endangered and threatened species in the 
listing and TMDL process, EPA will ask the U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service, where appropriate, to 
provide you and EPA with any comments that they may have on your lists 
and TMDLs.
    (3) You must consider any comments from EPA, the U.S. Fish and 
Wildlife Service, or the National Marine Fisheries Service in 
establishing your list and TMDLs and document your consideration of 
these comments in accordance with paragraph (b) of this section.
    (d) EPA will review any comments submitted by the U.S. Fish and 
Wildlife Service or the National Marine Fisheries Service and consider 
how you addressed these and EPA's comments prior to EPA's approval or 
disapproval of your submission.

                 TMDLs Established During the Transition