TMDL Laws and Rules

Federal Law and Regulations: The section of the federal Clean Water Act that describes the 303(d) TMDL program can be found at 33 USC 1313.; Title 40, Section 130.7 of the Code of Federal Regulations contains the regulations currently governing the federal TMDL program.

Montana Law: 75-5-101 MCA and 75-5-701 MCA of the Montana Water Quality Act describe the TMDL process in Montana.

2000 Federal Judicial Order: In 1997 the legislature required DEQ to use "sufficient, credible data" in making beneficial use determinations. As a result of the new definition of sufficient, credible data, 486 water bodies were removed from the 2000 303(d) list pending reassessment. However, a federal judicial order requires EPA and DEQ to complete "all necessary TMDLs" for all water bodies on the 1996 303(d) list by December, 2012. DEQ and EPA have signed a cooperative agreement describing each agency's role and resonsibility in TMDL development.

DEPARTMENT OF ENVIRONMENTAL QUALITY