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Code of Federal Regulations Title 40
130.7 Total maximum daily loads (TMDL) and individual
water quality-based effluent limitations.
(a) General. The process for identifying water quality limited segments
still requiring wasteload allocations, load allocations and total maximum
daily loads (WLAs/LAs and TMDLs), setting priorities for developing these
loads; establishing these loads for segments identified, including water
quality monitoring, modeling, data analysis, calculation methods, and
list of pollutants to be regulated; submitting the State's list of segments
identified, priority ranking, and loads established (WLAs/LAs/TMDLs) to
EPA for approval; incorporating the approved loads into the State's WQM
plans and NPDES permits; and involving the public, affected dischargers,
designated areawide agencies, and local governments in this process shall
be clearly described in the State Continuing Planning Process (CPP).
(b) Identification and priority setting for water quality-limited segments
still requiring TMDLs. (1) Each State shall identify those water quality-limited
segments still requiring TMDLs within its boundaries for which: (i) Technology-based
effluent limitations required by sections 301 (b), 306, 307, or other
sections of the Act; (ii) More stringent effluent limitations (including
prohibitions) required by either State or local authority preserved by
section 510 of the Act, or Federal authority (law, regulation, or treaty);
and (iii) Other pollution control requirements (e.g., best management
practices) required by local, State, or Federal authority are not stringent
enough to implement any water quality standards (WQS) applicable to such
waters. (2) Each State shall also identify on the same list developed
under paragraph (b)(1) of this section those water quality-limited segments
still requiring TMDLs or parts thereof within its boundaries for which
controls on thermal discharges under section 301 or State or local requirements
are not stringent enough to assure protection and propagation of a balanced
indigenous population of shellfish, fish and wildlife. (3) For the purposes
of listing waters under 130.7 (b), the term "water quality standard
applicable to such waters" and "applicable water quality standards"
refer to those water quality standards established under section 303 of
the Act, including numeric criteria, narrative criteria, waterbody uses,
and antidegradation requirements. (4) The list required under 130.7 (b)(1)
and 130.7 (b)(2) of this section shall include a priority ranking for
all listed water quality-limited segments still requiring TMDLs, taking
into account the severity of the pollution and the uses to be made of
such waters and shall identify the pollutants causing or expected to cause
violations of the applicable water quality standards. The priority ranking
shall specifically include the identification of waters targeted for TMDL
development in the next two years. (5) Each State shall assemble and evaluate
all existing and readily available water quality-related data and information
to develop the list required by 130.7 (b)(1) and 130.7 (b)(2). At a minimum
"all existing and readily available water quality-related data and
information" includes
but is not limited to all of the existing and readily available data and
information about the following categories of waters:
(i) Waters identified by the State in its most recent section 305 (b)
report as "partially meeting" or "not meeting" designated
uses or as "threatened";
(ii) Waters for which dilution calculations or predictive models indicate
nonattainment of applicable water quality standards;
(iii) Waters for which water quality problems have been reported by local,
state, or federal agencies; members of the public; or academic institutions.
These organizations and groups should be actively solicited for research
they may be conducting or reporting. For example, university researchers,
the United States Department of Agriculture, the National Oceanic and
Atmospheric Administration, the United States Geological Survey, and the
United States Fish and Wildlife Service are good sources of field data;
and
(iv) Waters identified by the State as impaired or threatened in a nonpoint
assessment submitted to EPA under section 319 of the CWA or in any updates
of the assessment. (6) Each State shall provide documentation to the Regional
Administrator to support the State's determination to list or not to list
its waters as required by 130.7 (b)(1) and 130.7 (b)(2). This documentation
shall be submitted to the Regional Administrator together with the list
required by 130.7 (b)(1) and 130.7 (b)(2) and shall include at a minimum:
(i) A description of the methodology used to develop the list; and
(ii) A description of the data and information used to identify waters,
including a description of the data and information used by the State
as required by 130.7 (b)(5); and
(iii) A rationale for any decision to not use any existing and readily
available data and information for any one of the categories of waters
as described in 130.7 (b)(5); and
(iv) Any other reasonable information requested by the Regional Administrator.
Upon request by the Regional Administrator, each State must demonstrate
good cause for not including a water or waters on the list. Good cause
includes, but is not limited to, more recent or accurate data; more sophisticated
water quality modeling; flaws in the original analysis that led to the
water being listed in the categories in 130.7 (b)(5); or changes in conditions,
e.g., new control equipment, or elimination of discharges.
(c) Development of TMDLs and individual water quality based effluent limitations.
(1) Each State shall establish TMDLs for the water quality limited segments
identified in paragraph (b)(1) of this section, and in accordance with
the priority ranking. For pollutants other than heat, TMDLs shall be established
at levels necessary to attain and maintain the applicable narrative and
numerical WQS with seasonal variations and a margin of safety which takes
into account any lack of knowledge concerning the relationship between
effluent limitations and water quality. Determinations of TMDLs shall
take into account critical conditions for stream flow, loading, and water
quality parameters. (i) TMDLs may be established using a pollutant-by-pollutant
or biomonitoring approach. In many cases both techniques may be needed.
Site-specific information should be sued wherever possible.
(ii) TMDLs shall be established for all pollutants preventing or expected
to prevent attainment of water quality standards as identified pursuant
to paragraph (b)(1) of this section. Calculations to establish TMDLs shall
be subject to public review as defined in the State CPP. (2) Each State
shall estimate for the water quality limited segments still requiring
TMDLs identified in paragraph (b)(2) of this section, the total maximum
daily thermal load which cannot be exceeded in order to assure protection
and propagation of a balanced, indigenous population of shellfish, fish
and wildlife. Such estimates shall take into account the normal water
temperatures, flow rates, seasonal variations, existing sources of heat
input, and the dissipative capacity of the identified waters or parts
thereof. Such estimates shall include a calculation of the maximum heat
input that can be made into each such part and shall include a margin
of safety which takes into account any lack of knowledge concerning the
development of thermal water quality criteria for protection and propagation
of a balanced, indigenous population of shellfish, fish and wildlife in
the identified waters or parts thereof.
(d) Submission and EPA approval.
(1) Each State shall submit biennially to the Regional Administrator beginning
in 1992 the list of waters, pollutants causing impairment, and the priority
ranking including waters targeted for TMDL development within the next
two years as required under paragraph (b) of this section. For the 1992
biennial submission, these lists are due no later than October 22, 1992.
Thereafter, each State shall submit to EPA lists required under paragraph
(b) of this section on April 1 of every even-numbered year. The list of
waters may be submitted as part of the State's biennial water quality
report required by 130.8 of this part and section 305 (b) of the CWA or
submitted under separate cover. All TMDLs established under paragraph
(c) for water quality limited segments shall continue to be submitted
to EPA for review and approval. Schedules for submission of TMDLs shall
be determined by the Regional Administrator and the State. (2) The Regional
Administrator shall either approve or disapprove such listing and loadings
not later than 30 days after the date of submission. The Regional Administrator
shall approve a list developed under 130.7 (b) that is submitted after
the effective date of this rule only if it meets the requirements of 130.7
(b). If the Regional Administrator approves such listing and loadings,
the State shall incorporate them into its current WQM plan. If the Regional
Administrator disapproves such listing and loadings, he shall, not later
than 30 days after the date of such disapproval, identify such waters
in such State and establish such loads for such waters as determined necessary
to implement applicable WQS. The Regional Administrator shall promptly
issue a public notice seeking comment on such listing and loadings. After
considering public comment and making any revisions he deems appropriate,
the Regional Administrator shall transmit the listing and loads to the
State, which shall incorporate them into its current WQM plan.
(e) For the specific purpose of developing information and as resources
allow, each State shall identify all segments within its boundaries which
it has not identified under paragraph (b) of this section and estimate
for such waters the TMDLs with seasonal variations and margins of safety,
for those pollutants which the Regional Administrator identifies under
section 304(a)(2) as suitable for such calculation and for thermal discharges,
at a level that would assure protection and propagation of a balanced
indigenous population of fish, shellfish and wildlife. However, there
is no requirement for such loads to be submitted to EPA for approval,
and establishing TMDLs for those waters identified in paragraph (b) of
this section shall be given higher priority.
[As amended at 57 FR 33040, July 24, 1992]
