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Title: (add%20your%20state)%20Department%20of%20%20%20Environmental%20Quality:


1
(add your state)Department of Environmental
Quality
(add logo here)
  • The Clean Water Act
  • The EPA TMDL Lawsuit
  • The TMDL Rule

2
The Clean Water Act
  • Originated as the Water Pollution Control Act
    (WPCA) of 1948
  • WPCA amendments in 1970 created the EPA
  • WPCA Amendments of 1972 became what is commonly
    known as the Clean Water Act (CWA) today

3
So what exactly is the Clean Water Act?
4
Basic CWA Premise
  • It is the national goal of water quality which
    provides for the protection and propagation of
    fish, shellfish, and wildlife and provides for
    recreation in and on the water
  • It sets fishable, swimmable goals

5
Water Quality Standards
  • Authorizes the regulatory requirements governing
    the Water Quality Standards program

6
Important Sections of the Clean Water Act
  • 303(d) - requires all states to develop a list of
    their states impaired waterbodies that do not
    meet state regulatory water quality standards.
  • States must establish priority rankings for these
    waters and develop TMDLs based on their priority
    rankings.

7
Important Sections of the Clean
Water Act
  • 305(b) - provides EPA with
  • a description of the water quality of all
    navigable waters in the state
  • an assessment of the status of waters of the
    state with regard to their support of
    recreational activities and fish and wildlife
    propagation
  • an assessment of the state's water pollution
    control activities toward achieving the CWA
  • an estimate of the costs and benefits of
    implementing the CWA
  • a description of the nature and extent of
    nonpoint sources of pollution and recommendations
    for programs to address nonpoint source
    pollution.

8
The CWA Its more than just the water quality
standards
  • Establishes Grants for Pollution Control Programs
  • Establishes Nonpoint Source Management Program
  • Establishes National Estuary Program (including
    Barataria-Terrebonne National Estuary Program)
  • National Pollutant Discharge Elimination System
    (NPDES) - mainly point source permitting

9
If TMDLs have been a provision of federal law
since 1972, why the sudden focus?
  • Concept ahead of technology science
  • 1996 TMDL LAWSUIT

10
1996 TMDL Lawsuit
  • Environmental groups sued the EPA and Regulatory
    Agencies in 38 states claiming TMDLs were not
    being completed in a timely manner
  • THE ENVIRONMENTAL GROUPS WON!!!

11
Impacts of 99 Court Order on (your state if it
was affected)
Before Order 1999 Order
Impaired Waters (add numbers here) (add numbers here)
TMDLs Required
Allowed Time
12
Continuing Legal Action
  • EPA Appealed Judges Ruling
  • July 2001 Fifth Circuit Court of Appeals sent
    case back for rehearing
  • April 2002 Settlement Reached and Consent
    Decree Signed

13
Impacts of 1999 Court Order, Consent Decree, and
Beyond
Before Order 1999 Order 2002 Decree 2004 303(d) list
Impaired Waters (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
TMDLs Required (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
Allowed Time (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
14
Consent Decree Schedule(start year - completion
year)
Basin Timeline
(add your states basins here) (add timeline for TMDLs here)





15
Other Factors in TMDL ImplementationThe
Federal TMDL Rule
  • A Federal Rule is a set of regulations as to how
    a law will be implemented
  • The highly criticized TMDL Rule was published
    July 13, 2000

16
The Federal TMDL Rule(Continued)
  • Some two dozen parties challenged the rule in
    court in August 2000
  • Because of the controversy, Congress prohibited
    EPA from putting the rule into effect by denying
    funds for that purpose

17
The Federal TMDL Rule(Continued)
  • On December 26, 2002, the EPA announced its
    intention to withdraw the rule because of the
    unworkable nature of the regulations
  • Since then, the rule has been revised but never
    published for public review

18
How Will Withdrawal of the TMDL Rule Affect
(your state)?
  • (add results of TMDL rule for your state here if
    it will affect it or not)

19
Total Maximum Daily Loads (TMDLs)
Video
  • Surface Water Quality Standards Assessment
  • TMDLs
  • Nonpoint Source Programs

20
Water Quality Standards
  • Where did those water quality standards come
    from? The facts of life
  • In its basic form, a standard is a use and
    criteria to protect that use.

21
Does (your state) have its own set of Water
Quality Rules?
  • Yes- WQS are provisions of (your state) State Law
  • Authorized by the (your state) Water Control Law
  • Goal is to preserve, protect and enhance
  • The natural resources of (your states) aquatic
    ecosystems
  • Public health and welfare
  • The quality of waters for their designated uses

22
What are Louisianas Designated Uses?
  • (your state) WQS define 8 uses for surface waters
  • Primary Contact Recreation (PCR)
  • Secondary Contact Recreation (SCR)
  • Fish Wildlife Propagation (FWP)
  • Drinking Water Supply (DWS)
  • Shellfish Propagation (SFP)
  • Agriculture (AGR)
  • Outstanding Natural Resource (ONR)
  • Limited Aquatic/Wildlife Use (LAW)

23
Does EPA have a Role in (your states) Water
Quality Standards?
  • Yes - EPA reviews States water quality standards
  • Yes - EPA approves or disapproves States water
    quality standards
  • Yes - EPA Administrator may promulgate States
    standards if
  • New standards not consistent with applicable
    requirements of the CWA
  • A new or revised standard is necessary to meet
    CWA requirements

24
Role of WQS in Water Quality Management A Big
Framework
  • Set and revise water quality standards in State
    waters
  • Determine use attainment with Water Quality
    Inventory, 305(b) report and 303(d) list of
    impaired waters
  • Establishes endpoints for Total Maximum Daily
    Loads (TMDLs), Waste Load Allocations (WLAs) and
    Load Allocations (LAs)
  • Establish permit limits

25
Are Standards Developed for Point Sources?
  • Yes Point Sources are required to have National
    Pollution Discharge Elimination System (NPDES)
    permits issued by DEQ
  • Permit limits are set based on water quality
    standards or available technology

26
Surface Water Quality Monitoring Program
27
Surface Water Quality Monitoring Program
  • (your state) has had a surface water quality
    monitoring program since the (year)
  • (Add your state information regarding sampling)
  • EX Prior to 1998, sampled about 185 sites each
    month on 70-80 waterbodies

28
Add your state map with waterbodies
The Problem? (your state) has over ? named
waterbodies
29
Surface Water Quality Monitoring Program
  • All monitored subsegments in the targeted basins
    are sampled monthly
  • The new rotating basin system increased the
    number of sites monitored from (add your state
    numbers here) across the state
  • Approximately ? sites are sampled each month
  • In addition, ? long-term sites on ? waterbodies
    are sampled monthly, not subject to rotation

30
Surface Water Quality Monitoring Program
  • The samples are analyzed for 29 different items,
    plus a number of chemicals

31
Impairment Status of Water Body Subsegments
32
(No Transcript)
33
(No Transcript)
34
(No Transcript)
35
Most Frequently Cited Louisiana (your state)
Impairments
  • Pathogens 207
  • Sediment related 291
  • Low DO 309
  • Nutrients 335
  • Oil Grease 7
  • Mercury 173
  • Pesticides 76
  • 39 different suspected impairments in total

36
Louisiana Impairments (Fecal Coliform/Pathogens)
Add your states impairments and descriptions here
  • Term used to describe bacteria found in the
    intestinal tract of warm-blooded animals
  • If fecal material is present in excessive
    concentrations, the potential for pathogens, such
    as E. Coli can be present.
  • Fecal material also contains nitrogen and
    phosphorous and can result in nutrient
    over-enrichment of water bodies causing algae
    blooms and oxygen depletion

37
Louisiana Impairments (Sedimentation)
  • Comes from agricultural sources, construction
    sites and other soil disturbing activities in
    urban settings
  • Increases the turbidity of water
  • Reduces light penetration, altering the oxygen
    relationships for certain aquatic organisms
  • Nutrients such as nitrogen and phosphorous and
    certain pesticides may enter streams with
    sediment
  • Harmful effects may include rapid algae growth
    and fish kills from oxygen depletion

38
Louisiana Impairments (Organic Enrichment/Low DO)
  • Dissolved oxygen comes from several sources
    including natural sources such as algae
  • Dissolved oxygen is also generated from water
    that flows at high velocities over rocks and
    other terrain
  • There are also substances such as organic matter,
    dead plant and fecal material which reduce oxygen
    concentrations (also known as oxygen demanding
    substances)
  • Water quality criteria establish DO levels of 3-5
    ppm to support the propagation of fish
  • Many Louisiana (your state) streams have low flow
    conditions and high water temperatures during the
    summer months

39
In Louisiana, many water bodies do not meet
nationally derived water quality standards due to
naturally occurring physical, chemical, and
biological factors. This is especially true for
dissolved oxygen
Middle Fork DArbonne Photo DEQ
(Add an example of a primary cause of impairment
from your state.)
40
Louisiana Impairments (Nutrients)
  • Generally refers to nitrogen and phosphorus, but
    would include any element or compound essential
    for the operation of a living system
  • Impairment levels for nutrients are not
    established in the Louisiana water regulations
    for Louisiana water bodies
  • Louisiana, like most states, has narrative, but
    not numeric, criteria for nutrients (LAC
    33IX.1113.B.8)

41
Nutrient Criteria are currently being developed
for regions in Louisiana (not just watersheds)
  • Will be water body-type specific
  • Lakes and reservoirs
  • Rivers and streams
  • Estuaries
  • Coastal marine waters
  • Tidally influenced waters
  • Wetlands

42
EPA has published some default national numeric
criteria recommendations for N, P, chlorophyll a,
and turbidity
  • EPA and USGS are statistically deriving default
    numeric criteria using data from 14 ecoregions
    across the US
  • EPA encourages states to develop their own
    methods (following EPAs guidance or other
    defensible methods) in formulating numeric
    nutrient criteria.

43
LDEQs Nutrient Criteria Development Plan for
Louisiana
  • LDEQ is committed to using its
    own ecoregional framework to develop
    water body-specific, ecoregional nutrient
    criteria for Louisianas water bodies
  • LDEQ is drafting an updated plan to be submitted
    to EPA Region 6 for the end of 2004

44
Louisiana Impairments (Metals)
  • Enter the environment through human activity and
    natural occurrences
  • Sources include industrial activities, combustion
    of fossil fuels, and atmospheric deposition
    (evaporating into the atmosphere and returning to
    the ground as a result of gravity or rainfall
  • Metals of concern include
  • Arsenic
  • Copper
  • Mercury
  • Cadmium
  • Lead

45
Most Prominent Suspected Sources of Impairment
  • Unknown sources (largely metals, chlorides, and
    sulfates)
  • Natural sources (largely related to low DO,
    chlorides and sulfates)
  • Municipal sewage treatment, septic tanks and
    other fecal coliform sources
  • Agriculture

46
(Your states) Efforts TowardCompletion of TMDLs
47
Louisianas TMDLs are developed by both EPA
Region 6 and LDEQ
More than 140 TMDLs have been developed for
Louisiana Waters to date
Add information about TMDL development and
completion in your state here.
48
How Is the Current Workload Split Between EPA and
LDEQ?
  • LDEQ (your state agency name here)
  • Oxygen-demand pollutants
  • Nutrients
  • Metals
  • USEPA
  • Fecal Coliform (bacteria)
  • Turbidity / Suspended Solids
  • TDS
  • Sulfates
  • Mercury (Fish Contamination)

49
TMDLs Completed in the Vermilion Teche Basin
  • Bayou Boeuf
  • Vermilion River
  • Bayou Teche
  • Bayou Courtableau
  • Bayou Cocodrie

Add listings of completed TMDLs by watershed and
waterbody.
50
Vermilion/Teche Basin Vermilion River
  • 50 reduction in man-made nonpoint source (both
    summer and winter)
  • Reductions in point source loads from
  • Cargill Salt
  • Bruce Foods
  • Dixie Canning
  • Riviana Foods
  • Seacoast Products

51
Vermilion Teche Basin Bayou Courtableau
  • Compliance with current DO criteria of (5.0 ppm)
    will require a 30 reduction of man-made nonpoint
    loading year-round.
  • Compliance with the proposed DO criteria of (4.0
    ppm) will require a 15 reduction of man-made
    nonpoint loading year-round (dependant on UAA
    approval)

52
TMDLs Completed in the Mermentau Basin
  • Bayou Plaquemine Brule
  • Bayou Nezpique
  • Bayou Queue de Tortue
  • Bayou des Cannes
  • Mermentau River

53
Mermentau Basin - Bayou Plaquemine Brule
  • 50 reduction in man-made nonpoint source loading
    (both summer and winter)
  • More stringent effluent limitations for three
    point source dischargers
  • Crowley High School (from 30 BOD to 10/5/5)
  • Atwood Acres STP (from 20 BOD to 10/5/5)
  • Rayne POTW (from 10 BOD to 10/5/5)

54
Mermentau Basin - Bayou Nezpique
  • 90 reduction of man-made nonpoint source loading
    in winter
  • 85 reduction of man-made nonpoint source loading
    in summer
  • More stringent permit limitations for towns of
    Oakdale, Pine Prairie, Reddell, Evangeline,
    Oberlin, Elton, Basile, Jennings
  • Tertiary treatment (5 BOD/2 NH3/6 DO) for
    Reddell, Oberlin, Elton, Basile, Jennings

55
TMDLs Completed in the Calcasieu Basin
  • Houston River
  • Bear Head Creek
  • Little River
  • Barnes Creek
  • Bayou Serpent
  • Marsh Bayou
  • Calcasieu Estuary
  • Contraband Bayou
  • West Fork Calcasieu River
  • Bayou DInde
  • Bayou Choupique
  • Indian Bayou
  • Calcasieu River

56
Calcasieu Basin Houston River
  • 67 reduction in manmade nonpoint source at DO
    standard of 3.0 ppm (summer)
  • 46 reduction in manmade nonpoint source at DO
    standard of 5.0 ppm (winter)

57
Calcasieu Basin Bayou Serpent
  • 90 reduction in nonpoint source with DO standard
    of 5.0 ppm (summer).
  • 50 reduction in nonpoint source with DO standard
    of 5.0 ppm (winter).

58
TMDLs Completed in the Ouachita Basin
  • Corney Bayou
  • Ouachita River
  • Crew Lake
  • Big Creek
  • Bayou Chauvin
  • Bayou Desiard
  • Boeuf River
  • Castor Creek
  • Flat Creek
  • Bayou Chauvin
  • Bayou DArbonne
  • Middle Fork Bayou DArbonne

59
Ouachita Basin Boeuf River
  • 90 reduction in manmade nonpoint source
    (summer)
  • 20 reduction in manmade nonpoint source (winter)

60
Ouachita Basin Castor Creek
  • 75 reduction of total non-point loading with
    current water quality standard for dissolved
    oxygen of 5.0 ppm (year round).
  • 55 reduction of total nonpoint loading with
    proposed DO of 3.0 ppm (year round).

61
TMDLs Completed in the
Barataria Basin
  • Bayou Boeuf, Lake Boeuf, Halpin Canal, Theriot
    Canal
  • Bayous Verret, Citamon, Chevreuil, and Grand
    Bayou
  • Bayou des Allemands
  • Bayou Segnette
  • Main Canal and others in New Orleans area
  • Bayou Lafourche

62
Barataria Basin Bayou Boeuf, Lake Boeuf, Halpin
Canal, Theriot Canal
  • Requires 100 reduction in man-made nonpoint
    source loading in summer, 92 in winter to meet
    DO criterion of 5 mg/L
  • Land use in this subsegment is 73 wetlands and
    20 agricultural lands

63
Barataria Basin Bayous Verret, Chevreuil,
Citamon, and Grand Bayou
  • Requires 100 reduction in man-made nonpoint
    source loading in summer, 98 in winter to meet
    DO criterion of 5 mg/L
  • Land use in this subsegment is 55 wetlands and
    37 agricultural lands

64
Barataria Basin Bayou des Allemands
  • Requires 86 reduction in man-made nonpoint
    source loading in summer, 0 in winter to meet DO
    criterion of 5 mg/L
  • Land use in this subsegment is 74 wetlands and
    11 agricultural lands

65
Barataria Basin Bayou Segnette
  • Requires 100 reduction in man-made nonpoint
    source loading in summer, 71 in winter to meet
    DO criterion of 5 mg/L
  • Land use in this subsegment is 79 wetlands and
    2 agricultural lands

66
Barataria Basin Main Canal and Other Canals
  • Requires 100 reduction in man-made nonpoint
    source loading in summer and winter to meet DO
    criterion of 5 mg/L
  • Land use in this subsegment is 59 wetlands, 19
    urban, and 16 agricultural lands

67
Barataria Basin Bayou Lafourche
  • Draft TMDL developed by EPA resulted in TMDL 0
  • Requires 100 reduction in man-made point and
    nonpoint source loading to meet DO criterion of 5
    mg/L
  • Presents issue for coastal restoration diversion
    project

68
Removing a designated use or lowering the
criteria requires a Use Attainability Analysis
(UAA)
69
What Is a UAA?
  • Scientific assessment of the chemical, physical,
    biological, and economic factors affecting the
    attainment of designated uses in a water body

70
Biological Factors for UAAs
  • Fish and macroinvertebrates (aquatic insects,
    snails, etc) are collected from streams
  • Samples are sorted and counted to determine
    number of different species and population size
  • Results are compared to reference or Ecoregion
    streams to determine support of UAA needs

71
UAAs Approved by EPA
  • Beaucoup Creek
  • (2.5 mg/L July-Sept)
  • Middle Fork Bayou DArbonne
  • (3 mg/L)
  • Bayou Cocodrie
  • (3.5 mg/L April-Oct)
  • Cocodrie Lake
  • (3.5 mg/L April-Oct)
  • New Iberia Southern Drainage Canal System-Man
    Made Water body (2 mg/L May-Oct 3 mg/L
    Nov-April)

Insert any UAAs that have been approved here.
72
Effect of TMDLs on Existing Sources
  • Dischargers will have to upgrade their WWTPs to
    advanced secondary or tertiary treatment.
  • New sources may not be allowed to discharge or
    may be forced to locate in other watersheds.
  • Nonpoint source loadings must be reduced 30 -
    90 to meet D.O. criterion.

73
(Your states)Nonpoint Source Program
74
NPS Management Strategy
  • A balanced approach to management combining
    statewide education and watershed implementation
  • An interagency committee of federal, state and
    local entities working collectively to solve
    (your states) nonpoint source pollution
  • Annual Reporting on progress made in
    implementation and water quality improvement

75
Goal of Programs
  • Increase the Level of BMP Implementation within
    the Watershed
  • Measure the Effectiveness of BMPs in Reducing
    Pollutant Loads at the Field Level and the
    Sub-Watershed Level
  • Monitor Water Quality on the 4-year Rotating
    Basin Cycle in order to Determine if Water
    Quality is Improving

76
Example of Statewide Education Program
  • Master Farmer

77
Connections between Water Quality Data, Reports,
Permits, and Water Quality Improvement
Water Quality Network Ambient Data
No impairment- water body not placed on 303(d)
list
5
4
Yes
305(b) Water Quality Assessments
3
1
Uses Supported?
Water Quality Uses and Criteria (Standards)
2
8
No
4
6
5
Uses impaired- water body placed on 303(d) list
Modeling Group Develops TMDLs
TMDL Implementation through permits and NPS BMPs
7
6
Additional data is collected for use in the model
78
Connections?
79
Thank You
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