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Listing Waters Impaired by Atmospheric Mercury Under Clean Water Act Section 303(d)
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EPA is providing information to states, territories, and tribes regarding a voluntary approach for listing waters impaired by mercury mainly from atmospheric sources. The approach uses Clean Water Act tools to encourage comprehensive state and regional mercury control programs. EPA is recommending the voluntary approach for states that have in place a comprehensive mercury reduction program with elements recommended by EPA. These states may separate their waters impaired by mercury primarily from atmospheric sources in a specific subcategory ("5m") of their Clean Water Act section 303(d) lists. States using this approach may also defer development of Total Maximum Daily Loads (TMDLs) for mercury-impaired waters as a result of having implemented mercury reduction programs. Rather than deferring action, the 5m approach recognizes states that are already taking action in advance of TMDLs to address their mercury sources and achieve environmental results earlier.