Controversial Water Rule Withdrawn

The Environmental Protection Agency (EPA) recently withdrew a controversial rule that would have significantly altered the Total Maximum Daily Loads (TMDL) program, targeting clean up of polluted waters. The TMDL program regulates the maximum amount of a pollutant that a body of water can receive and then allocates that amount among pollution sources. The recently withdrawn rule, finalized by the Clinton administration in July of 2000, was met with objections from the start, including federal legislation preventing its implementation and numerous court challenges from manufacturers, farm groups and others who argued the rule would impose a dire financial burden. Some environmental groups felt the rule would strengthen the TMDL program by targeting nonspecific pollution sources (such as runoff); others criticized it for allowing states up to 15 years to develop their own TMDLs. EPA formally announced an 18-month delay of the rule in October of 2001. The rule would have taken effect next month had EPA not withdrawn the July 2000 action. While environmental groups have been divided over the July 2000 rule, virtually all have recognized that its controversial nature prevented the rule from achieving its mission. Most groups now suggest that rather than making further changes to the TMDL program, EPA should instead focus on enforcing the current program, which operates under 1992 rules.
back to Blog