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Home > Issues > Environmental > Other Environmental Issues > TMDLs |
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TMDLsEPA Administrator Carol Browner, on July 11, 2000, signed the final rule for revising the Total Maximum Daily Load (TMDL) program under the Clean Water Act. The rule was published in the Federal Register on July 13, 2000. However, Congress delayed implementation of the rule until fiscal year 2002 (October 2001). In June 2001, the National Research Council of the National Academy of Sciences (NAS) released a TMDL Study, required by Congress, entitled "Assessing the TMDL Approach to Water Quality Management." The NAS said there is sufficient science to support the regulation of impaired waters, including impairment from nonpoint sources, but NAS suggested changes to improve implementation of the program. Farm groups, industry, and environmental groups sued EPA over the rule, for several reasons. EPA began holding settlement discussions with stakeholders, and the agency suggested that the TMDL rule be re-opened for revisions. On July 16, 2001, EPA petitioned the U.S. Court of Appeals for the District of Columbia for an 18-month stay of litigation over the TMDL rule, in order for the agency to find a way to make the rule more acceptable to the various stakeholders. On October 18, 2001, EPA formally delayed the effective date of the TMDL rule until April 30, 2003. The delay was justified on the basis of allowing EPA time to incorporate recommendations of the National Research Council of the National Academy of Sciences. The October 18 rule also allowed states more time (until October 1, 2002) to submit lists of impaired waters. On March 19, 2003, EPA officially withdrew the July 2000 TMDL Rule, and is operating under the 1992 TMDL regulations. EPA is proposing a market-based approach to improving water quality in waters of the U.S. On May 15, 2002, the agency introduced a proposed water quality trading program which would allow trading in water quality credits in order to meet TMDL requirements. EPA has prepared Guidance to the states to assist them in the implementation of TMDLs. The Guidance is called the Consolidated Assessment and Listing Methodology (CALM). Additional information on this issue for NPRA members can be found at |