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Region 1: EPA New England

About this Document: Regional Guidance on Submittal Requirements for Lake and Reservoir Nutrient TMDLs

Acknowledgments

The Office of Ecosystem Protection in the New England Region of the U.S. EPA would like to thank the following individuals for their review and input to this document: William W. Walker (Environmental Consultant), Kenneth J. Wagner (ENSR Consulting and Engineering), Ann Williams (U.S. EPA New England - Office of Regional Counsel), James F. Pendergast (U.S. EPA Headquarters - Office of Water), Hazel A. Groman (U.S. EPA Headquarters - Office of Water), and Myra Price (U.S. EPA Headquarters - Office of Water). We would also like to thank the U.S. EPA Office of Water in Washington, D.C. for providing funding for this project.

The guidance is designed to implement national policy on these issues. The document does not, however, substitute for section 303(d) of the Clean Water Act or EPA's regulations; nor is it a regulation itself. Thus, it cannot impose legally-binding requirements on EPA, States, Territories, authorized Tribes or the regulated community, and may not apply to a particular situation based upon the circumstances. EPA and State, Territory and authorized Tribe decision-makers retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate. EPA may change this guidance in the future.

This guidance is based on existing federal and state requirements in effect in 1999 and does not address proposed changes in federal TMDL requirements. The guidance also does not address the process through which waters are identified as needing TMDLs (the so-called Section 303(d) list), nor discuss TMDL implementation requirements in detail since TMDL implementation plans are currently governed by regulatory provisions which are separate from TMDL development requirements.

On August 23, 1999, EPA published proposed changes to the current TMDL rules at 40 C.F.R. § 130.2, 130.7, and 130.10. These changes would significantly strengthen the Nation's ability to achieve clean water goals by ensuring that the public has more and better information about the health of their watersheds, States have clearer direction and greater consistency as they identify impaired waters and set priorities, and new tools are used to make sure that TMDL implementation occurs.

References

U.S. Environmental Protection Agency. April 1991. Guidance for Water Quality-Based Decisions: The TMDL Process, EPA 440/4-91-001.

Office of Federal Register. 1995. 40 C.F.R. Protection of the Environment, Part 130 Water Quality Planning and Management. U.S. Printing Office Washington, DC.

U.S. Environmental Protection Agency. August 8, 1997. New Policies for Establishing and Implementing Total Maximum Daily Loads (TMDLs). Memorandum from Robert Perciasepe, Assistant Administrator for Water to Regional Administrators and Regional Water Division Directors. US EPA, Washington, DC.

U.S. Environmental Protection Agency. August 9, 1999. EPA Actions to Support High Quality TMDLs. Memorandum from Robert H. Wayland III, Director, Office Wetlands, Oceans, and Watershed, Office of Water, EPA Headquarters to Regional Administrators and Regional Water Division Directors. US EPA Washington, DC.

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