The Accotink Creek is a 25-mile long tributary of the Potomac River. After the Commonwealth of Virginia violated the CWA by failing to set TMDLs that would enable the Creek to meet water quality standards, EPA established its own set of TMDLs.The Creek was unhealthy because it had too much sediment from stormwater run-off. Sediment is a pollutant and, therefore, regulated by the CWA. However, it is difficult for scientists to measure and set daily pollution standards for sediment because its content varies and it is not always clear which components cause what problems and how the various ingredients react with each other. Stormwater run-off is easy to assess and measure but it is not technically classified as a pollutant. The EPA established TDMLs for the flow rate of stormwater into the Creek, but Virginia sued, alleging that the EPA had no right to regulate stormwater because it is not a pollutant.

Questions:

1. Does the EPA have the right to limit stormwater run-off (which is not a pollutant) because it carries pollutants?

2. Would the pollutants in this case be classified as a point source or non-point sources?