A recent study released by the Government Accountability Office (GAO), recommends changes to the Clean Water Act (CWA) and, in particular, total maximum daily load (TMDL) development and enforcement processes used to combat source water quality issues. GAO found that existing TMDLs constructs are particularly ineffective in protecting against nonpoint source pollution. Causes for the shortfalls in protection afforded by TMDLs centered around the vagueness of information in many of the TMDLs reviewed as well as the general lack of enforcement authority associated with TMDL implementation.
To remedy the issues detailed in the study, GAO recommends that EPA develop new regulations to address TMDL deficiencies. Other recommendations to EPA include “more consistent application of existing TMDL elements,” placing additional conditions on grants used to address nonpoint source pollution and enhancing data collection efforts. To assist EPA and other regulators in achieving goals to reduce nonpoint source pollution, GAO also recommends that Congress “consider revising the [CWA’s] largely voluntary approach to restoring waters impaired by such pollution.” In its initial response to the GAO report, EPA agreed with the need for TMDL revisions, but stopped short of agreeing that new regulations are needed.