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.