Watershed Management
Proposed TMDL Revisions to be Proposed in Summer 1999
Background: Under CWA Section 303(d), states are required to identify waters in which technology-based effluent limitations are not sufficient to meet water quality-based standards, and requires states to develop TMDLs for these waters which will ensure that applicable water quality standards are met. Under Section 303, EPA must develop TMDLs when states fail to do so. In November 1996, EPA convened a federal advisory committee of stakeholder interests to develop recommendations concerning needed changes to the agency's TMDL program implementation strategy, as well as TMDL-related policies, guidance, regulations and priorities. AMSA has participated in the advisory committee and has provided input to EPA regarding potential impacts of regulatory and policy changes to POTWs.
Status: EPA plans to propose revisions to its TMDL program regulations and accompanying guidance in the summer of 1999. EPA has indicated that it will provide a 90-day comment review period. EPA describes the package as “aggressive,” requiring states to implement reasonable assurance that nonpoint source controls will be implemented, requiring the listing of threatened waters, and requiring the 303(d) list to serve as a basis for listing all impaired waters. EPA proposes that the 303(d) list be “segmented” into four separate lists: 1) waters impaired by pollutants requiring TMDLs; 2) waters where TMDLs have been completed, but where water quality is still impaired; 3) waters impaired by pollution that do not require the development of a TMDL; and 4) waters where best practicable technology will result in the attainment of the waterbody and where no TMDL is required. EPA also will propose modification of the listing cycle, and will solicit comments on two, four, and five year time frames. EPA expects to move the forthcoming listing cycle from the currently scheduled April 1, 2000 to October 1, 2000 at the earliest, providing at least six months from final regulation and guidance promulgation for states to develop new 303(d) lists. AMSA plans to meet with EPA in April 1999 to discuss details of the proposal. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Don Brady, EPA 202/260-5368.