Water: Total Maximum Daily Loads (303d)
Laws, Regulations, Treaties
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Impaired Waters and TMDL Regulations
Part 130 of Title 40 of the Code of Federal Regulations, section 130.7, contains the regulations currently governing the Total Maximum Daily Load program, which were issued in 1992.
Tribal Consultation: Rulemaking to Provide More Opportunities for Tribes to Engage in the Clean Water Act Impaired Water Listing and TMDL Program
EPA is initiating consultation and coordination with federally recognized Indian tribes on a proposed rulemaking to provide more opportunities to fully engage tribes in the Clean Water Act (CWA) Section 303(d) Impaired Water Listing and TMDL Program. This action will provide such opportunities by clarifying the process for tribes to obtain Treatment in a Similar Manner as a State (TAS) authority for the Program. According to CWA section 518(e), EPA shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes shall be treated as states for purposes of this Act.
The proposed rule will provide a process for eligible tribes to assume the CWA section 303(d) and TMDL portion of their water pollution control program and more fully engage in restoring, maintaining, and protecting tribal waters. Tribes that apply and are found eligible for administering section 303(d) would be responsible for analyzing their monitoring data to assess tribal waters to develop impaired waters lists, for developing TMDLs for EPA review, and for overseeing implementation of the EPA-approved TMDL cleanup plans.
Update: The Time Frame for Tribal Consultation is Extended Until June 6, 2014.
- Tribal Consultation Letter and Consultation and Coordination Plan (PDF) (5 pp, 51K)
- Archived version of April 29, 2014 “Tribes-Only” Tribal Consultation Webinar: Consultation with Tribes on Proposed Rulemaking re: CWA Sec. 303(d) Listing and TMDL Program (Quicktime) (35MB)
- PowerPoint Presentation for April 29, 2014 Webinar (PDF) (12 pp, 569K)
- Transcript of Webinar (PDF) (12 pp, 159K)
Great Lakes TMDL Regulations
Federal Register notice of the Final Water Quality Guidance for the Great Lakes System | PDF Version (148 pp, 286K), which includes requirements for TMDLs in the Great Lakes basin, March 23, 1995
- Fact Sheet for Final Water Quality Guidance for the Great Lakes System
- Water Quality Guidance for the Great Lakes System: Supplementary Information Document (SID) (PDF) (49 pp, 116K), EPA-820-B-95-001, March 1995, Section VIII. C., Total Maximum Daily Loads
Federal Register notice of the Final Rule To Amend the Final Water Quality Guidance for the Great Lakes System To Prohibit Mixing Zones for Bioaccumulative Chemicals of Concern, which includes requirements for TMDLs in the Great Lakes basin (published Nov. 13, 2000)