Restoring impaired waters four

Get involved in the process

The Clean Water Act requires public involvement in developing TMDLs. The level of citizen involvement in the TMDL process varies by state. Typically, the state will circulate a draft threatened and impaired waters (303(d)) list and draft TMDLs and allow 30 to 60 days for public comment. In some cases, hearings will be held as well.

Be sure that you are on the public notice mailing lists for the water bodies you care about most. You do not need to wait for the public notice to make your interest in the TMDL process clear to the agency. As a practical matter, the earlier and more substantively you are involved, and the more public interest you generate, the better your chances of making a difference will be. Citizen information can improve the quality of TMDLs that are developed and can ultimately speed cleanup of impaired waters or secure protection of threatened waters. In many states, you can take the initiative to contribute to TMDL development.

Inadequate TMDLs and your role

The EPA must review and approve or disapprove all TMDLs within 30 days. If 30 days have not passed and EPA has yet to act, you can contact your regional EPA office and explain your concerns. Follow any such call with a letter summarizing your points.

If 30 days have passed, and EPA has not acted, you can initiate the process for a citizen suit to force EPA to act (CWA, Section 505. See Lesson 9: Enforcing the Act). If EPA has approved a bad TMDL, you may also be able to initiate a citizen suit process.

TMDL-required changes to permits

Once a TMDL is approved by EPA, the cap for the pollutant addressed in the TMDL effectively acts as a site specific water quality criterion. In order for the TMDL to work, the pollution allocations for point sources and the changes to nonpoint source pollution control practices must be implemented in a timely fashion. Changes to the permit limits consistent with the TMDL must occur when a permit is up for renewal after the TMDL has been approved, if not sooner. If the agency has not adjusted permits with respect to the approved or anticipated TMDLs, it is important to raise concerns in comments, hearings and permit appeal procedures.