Water Protection Program

Impaired Waters and Total Maximum Daily Loads (TMDL) Litigation Status

Lawsuits were filed against the Environmental Protection Agency regarding Missouri's TMDL program in 1998. The basic premise of the litigation was to ensure Missouri developed scientifically based 303(d) lists and TMDL documents. If the state does not fulfill its obligation, EPA is required to develop the impaired waters list and to complete the associated TMDLs.  Iin Missouri, all TMDLs and related products are developed by the department and approved by EPA.

The following documents were generated in response to lawsuit issues. The Memorandum of Understanding was agreed to by EPA and the department and this document also guides the overall TMDL process.

• Consent Decree
• Settlement Agreement
• Memorandum of Understanding
  • (Exhibit A)
    • Section 303(d), 1998 Missouri's impaired waters list
  • (Exhibit B)
    • Missouri 2000 303(d) Strategy Document
      • I.
        • Development of 2000 Section 303(d) list 
      • II.
        • Strategies and Schedules for TMDL Development and Implementation
      • III.
        • Implementation of Federal Permit Rules related to Section 303(d) waters 
      • Appendix A:
        • Federal Clean Water Act, Section 303(d) 
      • Appendix B:
        • Drinking Water Supply Reservoirs and Algae 
      • Appendix C:
        • Drinking Water Supply Source Waters and Herbicides 
      • Appendix C-1:
        • Methodology for Calculating Mean Herbicide Concentrations 
      • Appendix D:
        • Monitoring Plans 
      • Appendix E:
        • Nonpoint Sources, TMDLs and the 303(d) list 
      • Appendix F:
        • Waste Load Allocation and TMDL Studies in Missouri and Present Use Attainment Status of those waters 
      • Appendix G:
        • Water Quality Data Collection, Analysis and Management 
  • (Exhibit C)
    • Modified Schedule for TMDL Development
      This list assigns specific dates to some of the waters that appear on Missouri's impaired waters list, Exhibit A.
  • (Exhibit D)
    • Interim Monitoring Plan for 26 Waters 
      This is a list of specific waters for which water quality concerns have been raised
• Annual Reports from EPA to the litigants, documenting that year's progress toward fulfilling the Consent Decree requirements.
  • 2000
  • 2001
  • 2002