A TMDL is a scientific, conservative, and quantitative analysis of the total amount of pollution a river can handle, with responsibility to make reductions allocated to all the polluters. Citizens groups have filed lawsuits in over 30 states to force EPA and the states to identify impaired waters and to establish TMDLs to restore them because, in the absence of a TMDL, sources are allowed to pollute more than allowed by law. Once a TMDL is in place, however, pollution reductions must be both certain and sufficient to restore waters to standards. Oregon used its antidegradation policy to stop a new source of dioxin from discharging into the Columbia River. This policy prohibits new pollution into already-impaired streams and protects clean water from becoming impaired.
Most states fail to apply the antidegradation policy to either clean or dirty waters.
When antidegradation calls for a prohibition on new sources, industries and municipalities see TMDLs that will clean up streams as an business advantage. The Clean Water Act requires permits for pollution that is discharged to water through a discrete conveyance. The terms are required by law to prevent dischargers from causing or contributing to the violation of water quality standards, however states and EPA often fail to meet legal requirements. The terms of permits can be enforced through citizens' lawsuits. Establish water quality standards.