What is a Total Daily Maximum Load (TMDL)?
A TMDL specifies the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and allocates pollutant loadings among point and nonpoint pollutant sources. By law, the Environmental Protection Agency (EPA) must approve or disapprove lists of impaired waters and TMDLs established by states, territories, and authorized tribes. If a state, territory, or authorized tribe submission is inadequate, EPA must establish the list or the TMDL. EPA issued regulations in 1985 and 1992 that implement section 303(d) of the Clean Water Act the TMDL provisions. Litigation While TMDLs have been required by the Clean Water Act since 1972, until recently states, territories, authorized tribes, and the EPA have not developed many. Several years ago citizen organizations began bringing legal actions against the EPA, seeking the listing of waters and development of TMDLs. To date, there have been about 40 legal actions in 38 states. The EPA is under court order or con
