4 Vt. J. Envtl. L. 1 (2002-2003)

handle is hein.journals/vermenl4 and id is 1 raw text is: TMDLs: WHITE KNIGHT OR BUREAUCRATIC
NIGHTMARE?
Eric E. Huber*
TABLE OF CONTENTS
Intro du ctio n  ................................................................................................... 1
I.  Statem ent  of  the  Problem   ......................................................................... 1
II. TMDL Implementation and Non-Point Source Pollution Control .......... 3
A. Existing Law and Possible Future Regulations .............................. 3
B. EPA Guidance and Policy on Implementation ............................... 4
C.  CW  A  Section  303(e) .....................................................................   5
D .  CW A   Section  319  ..........................................................................   6
C onclu sion  ............................................................................................ . .   8
INTRODUCTION
Will the total maximum daily load (TMDL) process bring non-point
source water pollution under control? Or is it just another level of planning
that will not result in cleaner water? Unless the state and federal water
pollution control agencies change their positions and embrace the TMDL
process, the latter seems a more likely scenario. It is therefore incumbent
upon these agencies and on environmentalists to ensure that the TMDLs are
actually implemented, that is, to see real improvement in the water
results.
I. STATEMENT OF THE PROBLEM
The Clean Water Act (CWA) section 303(d), 33 U.S.C section 1313(d),
requires the States (or Environmental Protection Agency (EPA) in their
stead) to: (1) identify all waterbodies and the corresponding pollutants that
* The author is an attorney with Earthjustice, a nationwide non-profit environmental law
firm. He has practiced Clean Water Act litigation for 16 years, and represented the Sierra Club and
others in several successful statewide TMDL lawsuits, including on-going litigation over TMDL
implementation.

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