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Statement of Need: Due to the significant controversy, pending litigation and lack of stakeholder consensus on key aspects of the July 2000 rule, it has become apparent to EPA that, as promulgated, the July 2000 rule cannot function as the blueprint for an efficient and effective TMDL program without significant revisions. Moreover, the existence of the approaching April 30, 2003, effective date for the July 2000 rule - a mere eight months away - is beginning to act as an unnecessary and artificial distraction from an orderly completion of the Agency?s efforts now underway to chart the future direction and scope of the TMDL program. Consequently, EPA is proposing to withdraw the July 2000 TMDL rule so that the Agency can proceed in an orderly process to revise the TMDL rules without concern that those efforts will be adversely affected by the July 2000 rule?s effective date.

Summary of the Legal Basis: These revisions to EPA?s TMDL rules are authorized by, among others, sections 303(d) and (e) of the CWA that: (1) require States to identify impaired waters within their boundaries and establish TMDLs for those waters at levels necessary to implement water quality standards, and (2) require States to have a continuing planning process resulting in a plan for all navigable waters that EPA reviews from time to time. If the July 2000 TMDL regulations are not withdrawn, they will become effective on April 30, 2003.

Alternatives: Whether the July 2000 rule should be withdrawn or not.