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Summary:
Section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation was dormant until states and EPA were prodded by lawsuits. The TMDL program has become controversial, in part because of requirements and costs now facing states to implement this 30-year-old provision of the law, as well as industries, cities, farmers, and others who may be required to use new pollution controls to meet TMDL requirements. In July 2000, EPA issued rules to revise and strengthen the program. The rules were widely criticized, and congressional interest has been high. The Bush Administration delayed the effective date of the rules until May 2003, to allow for additional review. In December 2002, EPA proposed to withdraw the 2000 rules while it considers initiating an entirely new rule or other options; no timetable was announced. This report will be updated.
