United States
Environmental Protection
Agency
Office of Water (4503F)
Washington, DC 20460
http://www.epa.gov/water
EPA841-F-00-008
July 2000
&EPA Final TMDL Rule:
Fulfilling the Goals of the Clean Water Act
The U.S. Environmental Protection Agency (EPA) issued a final rule to improve the national
program for identifying polluted waters, determining the sources of pollution, and designing clean-
up plans. This program, known as the Total Maximum Daily Load (TMDL) program, is the
framework for working cooperatively with the States to finish the job of cleaning up America's
polluted waterways and delivering on the promise of the landmark 1972 Clean Water Act. This
new rule will provide a cost-effective, common-sense process for cleaning up America's polluted
waters.
Background
Over 20,000 waterbodies across America have
been identified as polluted by States, Territories,
and authorized Tribes. These waters include
over 300,000 river and shoreline miles and 5
million acres of lakes. The overwhelming
majority of people in the U.S. live within 10
miles of one of these polluted waters.
The Clean Water Act provides special authority
for restoring polluted waters. The Act calls on
States to work with interested parties to develop
Total Maximum Daily Loads or TMDLs for
polluted waters. A TMDL is essentially a
"pollution budget" designed to restore the health
of the polluted body of water.
In August 1999, EPA proposed changes to its
existing regulations to clarify and strengthen the
authorities of EPA, States, Territories, and
authorized Tribes (hereinafter referred to as
"States") to implement the TMDL program.
EPA considered over 34,000 comments on this
proposed rulemaking and talked with hundreds
of people in public outreach and information-
sharing sessions.
Goals of the Final Rule
This final rule will make thousands more rivers,
lakes, and coastal waters safe for swimming,
fishing, and healthy populations offish and
shellfish.
The final TMDL rule will:
>• Strengthen States' ability to clean up
polluted waters by identifying pollution
reductions needed to meet clean water goals;
>• Provide for a comprehensive listing of all the
Nation's polluted waters;
>• Encourage cost-effective clean-up by
ensuring all sources of pollution are con-
sidered in the development of cleanup plans;
>• Assure that TMDLs include implementation
plans that define specific actions and
schedules for meeting clean water goals.
Components of the Final Rule
Identification of Polluted Waters:
>• States develop more comprehensive lists of
all polluted waterbodies so that the public
will have a clear picture of which waters are
polluted and when they will be cleaned up.
>• States are required to develop their lists
every 4 years instead of the current 2 years.
>• Threatened waters may be included on the
list at the State's discretion.
Prioritized Schedule:
>• States will establish a schedule for clean-up
plans for polluted waters within 10 years or
be given an additional five years if needed.
>• EPA is requesting that higher priority be
given to polluted waters that are sources of
drinking water or support endangered
species. States can explain why a higher
priority is not appropriate.
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Elements of a TMDL:
TMDLs will contain key elements:
• waterbody name and location; identification
of the pollutant and the water quality
standard for the waterbody;
• amount of pollutant allowable to meet
standards; load reduction needed to meet
standards; sources of the pollutant;
wasteload allocation for point sources; load
allocation for runoff and other sources of
pollution; and an implementation plan.
• margin of safety; consideration of seasonal
variation; and allowance for reasonably
foreseeable increases in pollutant loads.
• There is a transitional period so states can
phase in new TMDL elements over time.
• The public will have the opportunity to
comment on the methodology, lists,
prioritized schedules, and TMDLs prior to
submission to EPA.
• EPA will back-stop state efforts to develop
TMDLs.
Implementation Plan:
The implementation plan should reflect both
point sources, nonpoint sources, and other
sources of pollution, including:
• A list of actions needed to reduce
pollutant loadings and a time-line for
implementation;
• Reasonable assurances that
implementation will occur;
• A monitoring or modeling plan and
milestones for measuring progress;
• Plans for revising the TMDL if progress
toward cleaning up the waters is not
made; and
• The date by which water quality
standards will be met-generally within
10 years.
>• Runoff controls should be put in place 5
years after the implementation plan is
developed, if practicable.
The final TMDL rule is available at
http://www.access.gpo.gov/su_docs/aces/acesl 40.html
Reasonable Assurance:
>• For point sources, reasonable assurance is to
be provided through National Pollutant
Discharge and Elimination System (NPDES)
permits.
>• For nonpoint and other sources, load
allocations in each TMDL must meet a four-
part test:
• they apply to the pollutant;
• they will be implemented expeditiously;
• they will be accomplished through
effective programs;
• they will be supported by adequate water
quality funding.
State Flexibility
States have maximum flexibility to make their
own choices about which sources of pollution to
clean up, and in what manner, and to produce
their own plans for local cleanups to ensure the
full protection of public health.
• States set the water quality standards that
waters need to meet.
• States develop the TMDLs to decide how
to clean up their polluted waters.
• States will have more time to learn the
problems, tailor implementation to local
conditions, and give full credit to
voluntary or incentive-based programs.
Key Improvements in Final Rule:
>• The rule has been upgraded to "major rule"
status under the Congressional Review Act,
allowing Congress ample time to review it if
they choose.
>• The proposed public petition process for
review of lists or TMDL implementation has
been dropped.
>• States are not required to list "threatened
waters."
>• The proposal to require "offsets" before new
pollution can be discharged to impaired
waters prior to TMDL establishment has
been dropped.
>• The final rule does not include specific
permit requirements for forestry, and EPA
withdraws its proposed provisions for
expanded authority for permitting
aquaculture and animal feeding operations.
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