United States Office of Water (4503F) EPA 841-F-00-008

Environmental Protection Washington, DC 20460 July 2000

Agency http://www.epa.gov/water

Final TMDL Rule: 

Fulfilling the Goals of the Clean Water Act

The U.S. Environmental Protection Agency (EPA) issued a final rule to improve the national

program for identifying polluted waters, determining the sources of pollution, and designing cleanup plans. This program, known as the Total Maximum Daily Load (TMDL) program, is the

framework for working cooperatively with the States to finish the job of cleaning up America’s

polluted waterways and delivering on the promise of the landmark 1972 Clean Water Act. This

new rule will provide a cost-effective, common-sense process for cleaning up America’s polluted

waters. 

Background

Over 20,000 waterbodies across America have

been identified as polluted by States, Territories,

and authorized Tribes. These waters include

over 300,000 river and shoreline miles and 5

million acres of lakes. The overwhelming

majority of people in the U.S. live within 10

miles of one of these polluted waters. 

The Clean Water Act provides special authority

for restoring polluted waters. The Act calls on

States to work with interested parties to develop

Total Maximum Daily Loads or TMDLs for

polluted waters. A TMDL is essentially a

“pollution budget” designed to restore the health

of the polluted body of water.

In August 1999, EPA proposed changes to its

existing regulations to clarify and strengthen the

authorities of EPA, States, Territories, and

authorized Tribes (hereinafter referred to as

“States”) to implement the TMDL program. 

EPA considered over 34,000 comments on this

proposed rulemaking and talked with hundreds

of people in public outreach and informationsharing sessions.

Goals of the Final Rule

This final rule will make thousands more rivers,

lakes, and coastal waters safe for swimming, 

fishing, and healthy populations of fish and

shellfish.

The final TMDL rule will:

< Strengthen States’ ability to clean up

polluted waters by identifying pollution

reductions needed to meet clean water goals;

< Provide for a comprehensive listing of all the

Nation’s polluted waters;

< Encourage cost-effective clean-up by

ensuring all sources of pollution are considered in the development of cleanup plans;

< Assure that TMDLs include implementation

plans that define specific actions and

schedules for meeting clean water goals.

Components of the Final Rule

Identification of Polluted Waters:

< States develop more comprehensive lists of

all polluted waterbodies so that the public

will have a clear picture of which waters are

polluted and when they will be cleaned up.

< States are required to develop their lists

every 4 years instead of the current 2 years.

< Threatened waters may be included on the

list at the State’s discretion.

Prioritized Schedule:

< States will establish a schedule for clean-up

plans for polluted waters within 10 years or

be given an additional five years if needed.

< EPA is requesting that higher priority be

given to polluted waters that are sources of

drinking water or support endangered

species. States can explain why a higher

priority is not appropriate.
Elements of a TMDL:

TMDLs will contain key elements:

• waterbody name and location; identification

of the pollutant and the water quality

standard for the waterbody; 

• amount of pollutant allowable to meet

standards; load reduction needed to meet

standards; sources of the pollutant;

wasteload allocation for point sources; load

allocation for runoff and other sources of

pollution; and an implementation plan.

• margin of safety; consideration of seasonal

variation; and allowance for reasonably

foreseeable increases in pollutant loads.

• There is a transitional period so states can

phase in new TMDL elements over time.

• The public will have the opportunity to

comment on the methodology, lists,

prioritized schedules, and TMDLs prior to

submission to EPA.

• EPA will back-stop state efforts to develop

TMDLs.

Implementation Plan:

The implementation plan should reflect both

point sources, nonpoint sources, and other

sources of pollution, including:

• A list of actions needed to reduce

pollutant loadings and a time-line for

implementation;

• Reasonable assurances that

implementation will occur;

• A monitoring or modeling plan and

milestones for measuring progress;

• Plans for revising the TMDL if progress

toward cleaning up the waters is not

made; and

• The date by which water quality

standards will be met–generally within

10 years.

< Runoff controls should be put in place 5

years after the implementation plan is

developed, if practicable.

The final TMDL rule is available at

http://www.access.gpo.gov/su_docs/aces/aces140.html

Reasonable Assurance:

< For point sources, reasonable assurance is to

be provided through National Pollutant

Discharge and Elimination System (NPDES)

permits.

< For nonpoint and other sources, load

allocations in each TMDL must meet a fourpart test:

• they apply to the pollutant;

• they will be implemented expeditiously;

• they will be accomplished through

effective programs;

• they will be supported by adequate water

quality funding.

State Flexibility

States have maximum flexibility to make their

own choices about which sources of pollution to

clean up, and in what manner, and to produce

their own plans for local cleanups to ensure the

full protection of public health.

• States set the water quality standards that

waters need to meet.

• States develop the TMDLs to decide how

to clean up their polluted waters.

• States will have more time to learn the

problems, tailor implementation to local

conditions, and give full credit to

voluntary or incentive-based programs.

Key Improvements in Final Rule:

< The rule has been upgraded to "major rule"

status under the Congressional Review Act,

allowing Congress ample time to review it if

they choose.

< The proposed public petition process for

review of lists or TMDL implementation has

been dropped.

< States are not required to list “threatened

waters.”

< The proposal to require “offsets” before new

pollution can be discharged to impaired

waters prior to TMDL establishment has

been dropped.

< The final rule does not include specific

permit requirements for forestry, and EPA

withdraws its proposed provisions for

expanded authority for permitting

aquaculture and animal feeding operations.