Explaining state efforts to create Total Maximum Daily Load (TMDL) agreements

Objectives With the rejuvenated emphasis on nonpoint pollution under the Water Quality Act (WQA) of 1987, Environmental Protection Agency (EPA) began to face an onslaught of lawsuits designed to pressure the EPA to enforce the requirements of Section 319 of the WQA to address nonpoint pollution. Known as Total Maximum Daily Load (TMDL) agreements, the purpose of these plans was to limit the amount of polluted runoff reaching a state's waterways. While some states took a proactive stance on these plans, other states resisted the implementation of Section 319. This article seeks to understand state choices in the development and implementation of TMDL agreements. Methods Utilizing a data set spanning state‐level data from 2000 to 2020, we test a novel cross‐sectional time series model employing the number agreements entered into by a state as the dependent variable. Results We find that both political and need explanations are generally supported, while policy need explanations are somewhat more promising. Conclusions Taken together, the models offer several insights into state choices around TMDL creation. The political model is the weakest, suggesting that TMDLs are not overtly political. Policy needs seem to play a more critical role in the preponderance of TMDL agreements than partisan politics.