Total Maximum Daily Load (TDML)

Details on TMDL
The EPA's Total Maximum Daily Load (TMDL) process was established by Section 303(d) of the Clean Water Act to protect public health and water quality on a watershed basis.

States list polluted waters (so called 303(d) lists) and then determine the maximum daily load of pollutants (including nutrients) that those waters can receive and still meet water quality standards. These loads are then allocated to point and nonpoint sources of pollution and a margin of safety is built in. An action plan is then established to reduce pollutants to this level, using existing enforcement mechanisms (such as NPDES permits).

EPA came under fire from environmental groups for not enforcing the TMDL Program in certain states. As a result, in August 1999, EPA proposed changes to its existing regulations to clarify and strengthen the authorities of EPA and States to implement the TMDL program. This proposed TMDL Rule was the subject of much political debate, including several Congressional bills.

The Final TMDL Rule was published in the Federal Register on July 13, 2000 but a Congressional rider in a FY 2000 military construction/supplemental appropriations bill prohibits EPA from implementing this rule in FY 2000 and 2001. This means that the Final Rule cannot go into effect until October 2001.

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; Ensure all sources of pollution are considered in the development of cleanup plans;
  • Assure that TMDLs include implementation plans that define specific actions and schedules for meeting clean water goals.

Please see the TMDL link above for additional information on this topic.

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