EPA/OW header
Total Maximum Daily Load

United States
Environmental Protection
Agency
Office of Water
4101
www.epa.gov/water/
EPA 800-F-99-002
August 1999

Proposed Regulatory Revisions to the Total Maximum Daily Load Program and Associated Proposed Regulatory Revisions to the National Pollutant Discharge Elimination System and the Water Quality Standards Programs

The U.S. Environmental Protection Agency (EPA) is proposing revisions to the Total Maximum Daily Load (TMDL) regulations (40 CFR Part 130) for implementing state, territorial, authorized tribal, and EPA responsibilities under Section 303(d) of the Clean Water Act. This action also includes revisions to the National Pollutant Discharge Elimination System (NPDES) and Water Quality Standards regulations to facilitate implementation of TMDLs.

States and territories have identified over 20,000 individual river segments, lakes, and estuaries across America as polluted. These polluted waters include approximately 300,000 miles of river and shoreline and approximately 5 million acres of lakes -- polluted mostly by sedimentation, nutrients, and harmful microorganisms. With the overwhelming majority of the population living within 10 miles of these polluted waters, these proposed regulatory revisions will have a profound impact on the environment and health of communities across the country.

These proposed regulatory revisions address issues of fundamental importance to cleaning up our Nation's polluted waters. Listing impaired and threatened waters and establishing TMDLs are fundamental tools for identifying remaining sources of water pollution and achieving water quality goals. Clean-up plans developed under this regulatory proposal will help to restore the health of thousands of miles of river and shoreline and make millions of lake acres safe for fishing, swimming and other activities.

Overview

Under Section 303(d), states, territories, and authorized tribes (collectively referred to as "states") are required to develop lists of impaired waters. These are waters that do not meet water quality standards, even after point sources of pollution have installed the minimum required levels of pollution control technology. States must establish priority rankings for waters on the lists and develop TMDLs for listed waters. A TMDL specifies the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and allocates pollutant loadings among point and nonpoint pollutant sources. EPA must approve or disapprove state lists and TMDLs. If a state submission is inadequate, EPA must establish the list or the TMDL.

In 1996, the Office of Water determined that there was a need for a comprehensive evaluation of EPA's and the states' implementation of their Section 303(d) responsibilities. EPA convened a committee under the Federal Advisory Committee Act (TMDL FACA committee) to undertake such an evaluation and make recommendations for improving such implementation, including recommended changes to the TMDL regulations and guidance. The TMDL FACA committee was comprised of 20 individuals with diverse backgrounds, including agriculture, forestry, environmental advocacy, industry, and State, local, and Tribal governments. On July 28, 1998, the committee submitted its final report to EPA containing more than 100 consensus recommendations, a subset of which would require regulatory changes. The TMDL FACA committee recommendations helped to guide the development of the proposed revisions to the TMDL, NPDES and water quality standards regulations.

Proposed Revisions to the TMDL Regulations

The purpose of the proposed revisions to the TMDL regulations is to provide states with clear, consistent, and balanced direction for listing waters and developing TMDLs, resulting in restoration of waterbodies not meeting water quality standards. The proposed regulations would accomplish this goal by clarifying and revising the existing regulations to:

Proposed Revisions to the NPDES and Water Quality Standards Regulations

The purpose of the proposed revisions to the NPDES and water quality standards regulations is to achieve reasonable further progress toward attainment of water quality standards in impaired waterbodies after listing and pending TMDL establishment, and to provide reasonable assurance that TMDLs, once completed, will be adequately implemented. EPA may also, in the future, promulgate federal water quality standards for states, pursuant to section 303(c)(2)(B), to ensure consistent, nationwide application of the new requirements in the period between listing and TMDL establishment.

The proposed regulations would accomplish this goal by clarifying and revising the existing regulations to:

Opportunities for Public Comment on the Proposal

The proposed regulatory revisions will be published in the Federal Register for a 60 day comment period. A copy of the proposal will also be available at: http://www.epa.gov/owow/tmdl/ on the Internet.

Written comments on the proposed regulatory revisions to the TMDL program should be sent to:

Written comments on the proposed regulatory revisions to the NPDES and water quality standards programs should be sent to:

Comments will also be accepted electronically at the following Internet address: <ow-docket@epa.gov>.

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This page last updated August 13, 1999