The New Face of the Clean Water Act: A Critical Review of the EPA's Proposed TMDL Rules

Abstract:     
The paper analyzes the EPA's proposed 'total maximum daily load' (TMDL) rules for water quality regulation. The benefits of movement to a system that drives pollutant reductions from ambient water conditions are described. The paper argues that while TMDLs are a highly desirable form of regulation, progress will be tempered by the serious scientific and technical challenges the approach presents. Also, because TMDLs target many polluters who were not previously regulated, the proposed regulations will alter the politics, economics, and law of water quality regulation. Several state TMDL programs are analyzed to illustrate these benefits and challenges. The paper gives particular attention to the role of water quality trading among point and nonpoint sources under a TMDL program.

Number of Pages in PDF File: 37

JEL Classification: Q25,K32,Q28

working papers series