THE CLEAN WATER ACT AND TOTAL MAXIMUM DAILY LOADS (TMDL)

The Clean Water Act requires states to establish ambient water quality standards for water bodies based on protection of the designated use or uses of a water body. States or the Environmental Protection Agency (EPA) enforce wastewater discharge limits though permits issued to industrial and municipal facilities to ensure that water quality standards are attained.

However, the Clean Water Act provided for additional requirements should pollution controls implemented by industry or cities be insufficient. Total Maximum Daily Loads (TMDLs) are required under Section 303(d) of the Clean Water Act and supported by EPA regulations in 1985 and 1992 for all 'impaired' water bodies that are and will remain polluted after the application of technology standards

TMDLs are the maximum amount of pollution from any source and of any kind that a water body can have without violating water quality standards. States must identify pollutants causing the impairment to the water bodies, prioritize those waters, and establish TMDLs to meet water quality standards.

Until recently, most states have lacked the resources to comprehensively assess their waters. As such, there was limited implementation of this provision of the CWA. During the 1990s, citizen and environmental groups filed numerous lawsuits against EPA and the states for failing to implement this program. Court-ordered action and increased public awareness raised the profile of this issue.

In 1999, EPA proposed extensive regulatory changes to strengthen the program. The proposal was highly controversial due to the potential burden on states, industries, cities, and agricultural and forest land. In response to the criticism, EPA rewrote the proposal and issued a final revised rule in July 2000. The revised proposal was still controversial as it built on the original proposal and would have added specific requirements and deadlines for states to implement plans to address polluted waters.

In August 2000, NCGA filed a lawsuit against the Environmental Protection Agency (EPA), challenging its proposed TMDL regulation. Due to several other lawsuits, the threat of court action, congressional opposition, EPA delayed release of the regulation until October 2001. In October 2001, the Bush administration announced another 18-month delay (until May 2003) to allow EPA additional time to review the rule.

On December 27, 2002, EPA proposed to formally withdraw the July 2000 TMDL rule and did so on March 13, 2003. The agency is expected to propose a new revised rule in the near future. Until then, the existing TMDL rules as amended in 1992 remain in effect.

In December 2003, NCGA and the American Soybean Association received a grant from EPA to develop a grower specific TMDL desk reference guide as well as a producer-friendly TMDL training seminar. The desk reference guide was released at the 2007 Commodity Classic and services as a useful and effective product for our grower leaders.

NCGA Water Quality Policy Positions
NCGA TMDL Desk Reference Guide

Other Links on TMDLs:
* America’s Clean Water Foundation and the Association of State and Interstate Water Pollution Control Administrators’ comprehensive site on TMDLs
* National Association of Conservation District TMDL information