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The U.S. District Court for Maryland has decided in favor of the U.S. Environmental Protection Agency (EPA) in a lawsuit that challenged the adequacy of Maryland’s management of the state’s Total Maximum Daily Load (TMDL) program.
In December 2004, four non-profit environmental groups filed suit against the EPA in an attempt to force the federal agency to take over the current state program administered by the Maryland Department of the Environment (MDE). MDE participated in this process and filed briefs as amicus curiae (literally “friend of the court,” but not a party to the case), while Maryland Association of Municipal Wastewater Agencies intervened as a defendant. The plaintiff environmental groups were: Potomac Riverkeeper, Inc., Assateague Coastal Trust. Inc., Chester River Association, Inc., and South River Federation, Inc
Plaintiffs’ Challenges
As grounds for the lawsuit, the plaintiffs challenged EPA approvals of: 1) the 2004 EPA/MDE Memorandum of Understanding; 2) MDE’s 2004 Workplan; 3) MDE’s 2002 Workplan; 4) MDE’s 2002 Integrated List; 5) MDE’s 2001 Continuous Planning Process (CPP) document; 6) MDE’s 2004 Integrated List; 7) MDE’s Individual TMDLs, Water Quality Analyses, and De-Listings. The plaintiffs further argued that Maryland’s pace of TMDL development was too slow and that the State’s completion of certain lower priority TMDLs before addressing higher priority TMDLs violated the law.
Judge’s Ruling
On March 31, U.S. District Court Judge Richard Bennett dismissed the first six of the listed allegations and ruled in EPA’s favor on the seventh. The counts were dismissed largely because they were not “final decisions” on which the court could rule. It was also noted that “the extensive administrative record in this case does not present facts supporting Plaintiffs’ priority claim.”
On the contrary, the court found the record “reveals that a rational basis exists for EPA’s decision in light of Maryland’s past conduct, Maryland and EPA’s partnership and plans for future compliance with the Clean Water Act, and EPA’s reasonable assessment of the state of Maryland’s program.”
Total Maximum Daily Load
A Total Maximum Daily Load is the amount of a pollutant that a waterbody can assimilate without violating water quality standards. When the water quality standards are not met, the waterbody is considered “impaired.” For each impairment, the state needs to either develop a Water Quality Analysis (WQA) demonstrating that water quality standards are being met or establish a TMDL addressing the specific pollutant.
TMDLs are not only a regulatory requirement but are also valuable tools for protecting state waters. Based on information provided in the TMDL documents, water quality managers can better understand what controls should be applied to meet water quality needs. WQAs are developed when the new data demonstrates that the water quality standards are met.
MDE-EPA Partnership
In EPA Region III, Maryland is the only state that does not have to abide by a Consent Decree – a legal, enforceable agreement that requires completion of TMDLs within a specified timeframe. Instead, Maryland has taken a more flexible, cooperative and effective approach utilizing a Memorandum of Understanding (MOU) between MDE and EPA. As part of the MOU, MDE is partnering with EPA in developing TMDLs on a rapid schedule, but also in a manner that ensures application of good science and adequate public involvement.
Current TMDL Status
As of September 2005, Maryland had completed a total of 176 TMDLs and WQAs. Currently, the TMDL program continues to develop or adapt new methodologies to assist with TMDL development for impairments such as bacteria and sediment. The TMDL program is also working closely with the Chesapeake Bay Program to address impairments within Maryland’s tidal waters that are affected by the Bay’s influence. By September, the TMDL program is scheduled to submit an additional 46 TMDLs/WQAs.
Click here for additional information on MDE's TMDL Program.
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