Abstract |
Section 303(d) of the federal Clean Water Act (CWA) and the U.S. Environmental Protection Agency's (EPA) implementing regulations direct each state to identify and list waters, known as water quality limited segments (WQLSs), in which current required controls of a specified substance are inadequate to achieve water quality standards. For each WQLS, the State is to either establish a Total Maximum Daily Load (TMDL) of the specified substance that the waterbody can receive without violating water quality standards, or demonstrate that water quality standards are being met. A segment identified as a WQLS may not require the development and implementation of a TMDL if current information contradicts the previous finding of an impairment. The most common factual scenarios obviating the need for a TMDL are as follows: 1) more recent data indicating that the impairment no longer exists (i.e., water quality criteria are being met); 2) more recent and updated water quality modeling demonstrates that the segment is now attaining criteria; 3) water quality criteria (or the interpretation of the water quality standards) have been refined, resulting in standards being met; or 4) errors made in the initial listing have been corrected. |