Watershed Management
Revisions to TMDL Regulations and Guidance
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.Status: At an August 5 meeting, Geoff Grubbs, director of EPA's Assessment and Watershed Protection Division, briefed AMSA representatives on the Agency's plans to put aside all existing policy and guidance on the Total Maximum Daily Load (TMDL) program, and develop a new 90-100 page revised TMDL guidance. Grubbs also described plans to restructure 40 CFR Part 130 into three subparts to clarify regulatory requirements for TMDL development and state implementation programs. Grubbs indicated that the planned regulatory and guidance changes would be bundled into one proposal for public notice and comment this winter, with a goal of finalizing the changes in time for the next TMDL listing cycle. One of the major potential changes is modification of the TMDL listing cycles from the current 2-years to 3, 4, or 5-year cycles. During the discussions, AMSA highlighted some of its major concerns on TMDL allocation methods, minimum data requirements for listing and TMDL development, and new source constraints during listing and TMDL development. Grubbs solicited AMSA to suggest both regulatory and guidance language that may alleviate some of AMSA concerns. Representatives from AMSA's Water Quality Committee are currently developing a response to the solicitation. EPA plans to propose revisions to its TMDL program regulations and accompanying guidance in November 1998 and will finalize these revisions in October 1999. CONTACT: Mark Hoeke, AMSA 202/833-9106 or Don Brady, EPA 202/260-5368.