Of current prominence in public debate and regulatory urgency is the issue
of Total Maximum Daily Loads (TMDLs), or pollutant loading levels, which ar
e to be established under section 303(d) of the Clean Water Act (CWA). This
section mandates that states and tribes identify waterbodies that do not m
eet water quality standards, prioritize these waterbodies according to the
severity of impairment, and establish TMDLs at levels necessary to meet wat
er quality standards. There are presently over 30 lawsuits regarding TMDL e
stablishment nationwide.
States within Region 8 include Colorado, Montana, South Dakota, North Dakot
a, Utah and Wyoming, of which only Utah and North Dakota have not engaged i
n litigation. All Region 8 member states have at least begun monitoring str
eams within their respective boundaries, however, in some cases Beneficial
Use Reconnaissance protocols for large rivers and lakes need to be develope
d. Wyoming is in the process of developing such protocols, and has solicite
d input from other Region 8 states. Presented is a brief update on how U.S.
Environmental Protection Agency (EPA) Region 8 members are addressing TMDL
issues for large rivers and lakes.