Search

To: Members & Subscribers
From:National Office
Date:August 15, 1997
Re:RA 97-20

New Policies For Establishing And Implementing TMDLs

On August 8, 1997, EPA issued the attached policy statement on Total Maximum Daily Loads (TMDLs) which provides direction to EPA Regions and States regarding TMDL schedule development and implementation. Highlights of the policy include: (1) allowing states 8 to 13 years to develop TMDLs for impaired and threatened waters; and (2) directing states to develop implementation plans which ensure achievement of nonpoint source load allocations in waters impaired solely or primarily by nonpoint sources. The policy is intended to establish a nationally consistent approach for establishing and implementing TMDLs, and to supplement existing regulations and guidance.

Members should note one particular provision in the policy where a State does not develop a plan for achieving TMDL load allocations for nonpoint sources (page 7). In these cases, the policy directs EPA Regions to take additional steps, including: (1) require the state to update its state water quality management plan under 40 CFR 130.6, (2) focus grant money toward states that are providing reasonable assurances that nonpoint source load allocations established in TMDLs will be achieved; (3) initiate source-by-source reviews of, and where necessary object to, NPDES permits in the watershed and in upstream and downstream watersheds, where the permit regulates the same pollutant covered by the TMDL and further reductions at the point source will speed progress towards achieving water quality standards; and, (4) Deny or revoke a state's enhanced benefits status under the new section 319 nonpoint source guidance.

Despite such statements, AMSA is continuing to urge EPA to adopt policies (e.g., "Watershed Alternative for the Management of Wet Weather Flows") which support the goal of "proportionate share" responsibility (i.e., that all sources of impairment will be proportionately responsible for further reductions in loadings), rather than tightening controls on point sources, when efforts to control nonpoint sources fail. If you have any questions, please contact Mark Hoeke, AMSA at 202/833-9106 or mhoeke@amsa-cleanwater.org.

Attachment:

  • EPA Memorandum on TMDLs
    (Please contact AMSA's National Office at 202/833-AMSA for a copy of this document)