(a) The Act. The Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) Indian Tribe. Any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.
(c) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(d) Water quality standards (WQS). Provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the Act.
(e) Load or loading. An amount of matter or thermal energy that is introduced into a receiving water; to introduce matter or thermal energy into a receiving water. Loading may be either man-caused (pollutant loading) or natural (natural background loading).
(f) Loading capacity. The greatest amount of loading that a water can receive without violating water quality standards.
(g) Load allocation (LA). The portion of a receiving water's loading capacity that is attributed either to one of its existing or future nonpoint sources of pollution or to natural background sources. Load allocations are best estimates of the loading, which may range from reasonably accurate estimates to gross allotments, depending on the availability of data and appropriate techniques for predicting the loading. Wherever possible, natural and nonpoint source loads should be distinguished.
(h) Wasteload allocation (WLA). The portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality-based effluent limitation.
(i) Total maximum daily load (TMDL). The sum of the individual WLAs for point sources and LAs for nonpoint sources and natural background. If a receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. If Best Management Practices (BMPs) or other nonpoint source pollution controls make more stringent load allocations practicable, then wasteload allocations can be made less stringent. Thus, the TMDL process provides for nonpoint source control tradeoffs.
(j) Water quality limited segment. Any segment where it is known that water quality does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards, even after the application of the technology-based effluent limitations required by sections 301(b) and 306 of the Act.
(k) Water quality management (WQM) plan. A State or areawide waste treatment management plan developed and updated in accordance with the provisions of sections 205(j), 208 and 303 of the Act and this regulation.
(l) Areawide agency. An agency designated under section 208 of the Act, which has responsibilities for WQM planning within a specified area of a State.
(m) Best Management Practice (BMP). Methods, measures or practices selected by an agency to meet its nonpoint source control needs. BMPs include but are not limited to structural and nonstructural controls and operation and maintenance procedures. BMPs can be applied before, during and after pollution-producing activities to reduce or eliminate the introduction of pollutants into receiving waters.
(n) Designated management agency (DMA). An agency identified by a WQM plan and designated by the Governor to implement specific control recommendations.
[50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14359, Apr. 11, 1989]
Notes of Decisions
Maryland Dep't of Env't v. Anacostia Riverkeeper, 134 A.3d 892 (Md. 2016).
· cites it 6× “Each state must set water quality standards by assigning a “use” to a water, such as recreation or fishing, then developing criteria to protect those uses, as well as ensuring that higher quality waters do not degrade to the minimally accepted standard (also known as an…”
Sierra Club v. John Hankinson, 296 F.3d 1021 (11th Cir. 2002).
· cites it 5× “) Each body of water on the list is known as a “water quality limited segment” (or “limited segment” for short), see 40 C.F.R. § 130.2 (j), and the state must set a TMDL for every pollutant in each limited segment.”
Dept. of Env. v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023).
· cites it 5× “See 40 C.F.R. § 130.2 (e) (defining “load” as “[a]n amount of matter or thermal energy that is introduced into a receiving water”).”
Nat. Res. Def. Council, Inc. v. Envtl. Prot. Agency, 301 F. Supp. 3d 133 (D.C. Cir. 2018).
· cites it 6× “" 40 C.F.R. § 130.2 (e)-(f). The regulations then distinguish between "wasteload allocation[s]," which represent "[t]he portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources," ibr.”
Sierra Club Inc. v. Michael O. Leavitt, 488 F.3d 904 (11th Cir. 2007).
· cites it 3× “§ 1313 (a)-(e); see also 40 C.F.R. §§ 130.2 (d), 131.4(a). To do this, a state must first designate the use (or uses) to be made of a waterbody, such as water supply, fishing, or swimming.”
Anacostia Riverkeeper, Inc. v. Jackson, 798 F. Supp. 2d 210 (D.D.C. 2011).
· cites it 5× “§ 1313 (c)(2)(A); see also 40 C.F.R. § 130.2 (d) (defining water quality standard as “a designated use or uses for the waters .”
Ohio Valley Env't Coalition, Inc. v. McCarthy, 313 F.R.D. 10 (S.D.W. Va 2015).
· cites it 4× “§ 1313 (c)(2)(A); 40 C.F.R. §§ 130.2 (d), 131.10-12. When existing pollution controls in a water body are not stringent enough to meet applicable water quality standards, that water body must be classified by the state as “impaired.”
Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).
· cites it 4× “” 40 CFR 130.2(g). The wasteload allocations (WLA’s) represent the “portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution.”
40 C.F.R. § 130.2(d): 1 case
40 C.F.R. § 130.2(g): 3 cases
Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).
“” 40 CFR 130.2(g). The wasteload allocations (WLA’s) represent the “portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution.”
40 C.F.R. § 130.2(h): 3 cases
Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).
“” 40 CFR 130.2(g). The wasteload allocations (WLA’s) represent the “portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution.”
Longview Fibre Co., James River Ii, Inc., Boise Cascade Corp., & Weyerhaeuser Co., & Columbia River United & Dioxin/organochlorine Ctr., Petitioner-Intervenor v. Dana A. Rasmussen, Reg'l Adm'r, & the United States Env't Prot. Agency, Columbia River United & Dioxin/organochlorine Ctr. v. Dana A. Rasmussen, Reg'l Adm'r, & the United States Env't Prot. Agency, 980 F.2d 1307 (9th Cir. 1992).
40 C.F.R. § 130.2(i): 3 cases
Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).
“” 40 CFR 130.2(g). The wasteload allocations (WLA’s) represent the “portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution.”
40 C.F.R. § 130.2(j): 1 case
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