Rick Parrish, SELC

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Rick Parrish, SELC rparrish_at_selcva.org
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Rivanna Conservation Society Rivanna River
TMDLsApril 19, 2007
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What is a Total Maximum Daily Load (TMDL)?A
calculation of the maximum amount of a pollutant
that a healthy waterbody can accomodate, orA
cleanup plan for a polluted river, lake or
estuary.
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Clean Water Act 303(d)

• essential component of original 1972 Act
• requires states to identify impaired or polluted
  waters, place them on a public list, and develop
  cleanup plans based upon a calculated Total
  Maximum Daily Load of pollutants
• requires EPA to back up states, fill in for those
  that dont do adequate job

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Clean Water Act Overview

• point source discharges regulated by NPDES
  permits
• nonpoint sources controlled by educational,
  voluntary, cost-sharing programs
• watershed approach takes holistic perspective
  through TMDLs

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303(d) List

• required every two years by EPA regulations
• now combined with 305(b) report on state water
  quality into Integrated Report
• public participation opportunities

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TMDL Plan Components

• waste load allocations (WLA) for point sources
• load allocations (LA) for nonpoint sources
• natural background
• allotment for growth (optional)
• margin of safety
  
• TMDL
• WLA LA MOS growth TMDL

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TMDL Plan Concepts

• identify cause of pollution
• identify source of pollution
• determine reduction necessary and allocate among
  sources
• adaptive management approach
• (phased TMDLs monitor progress and
• revise as necessary)

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Development of TMDL Program

• role of citizen litigation
• 1985 regulations
• Federal Advisory Committee (1998-1999)
• new regulations adopted July 2000
• new regulations withdrawn March 2003
• program developed through EPA guidance

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Virginia TMDL Litigation

• American Canoe Association and American Littoral
  Society vs. US EPA
• filed 1998, settled 1999
• 12 year schedule for backlog of TMDLs

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Water Quality Monitoring, Information and
Restoration Act (WQMRA)

• passed by Virginia legislature in 1997
• requires development of implementation plans for
  approved TMDLs

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2006 TMDL Oversight Act

• Chesapeake Bay and Virginia Waters Clean-up and
  Oversight Act
• First semi-annual status report available online
• www.naturalresources.virginia.gov/Initiatives/wate
  r cleanup plan/WCP
• www.deq.virginia.gov/tmdl

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Use Attainability Analyses

• provided for in EPA regulations at 40
  C.F.R. 131.10(g)
• private party UAAs authorized in Virginia via
  2006 legislation
• Straight Creek UAA currently under development by
  coal industry State Water Control Board must
  approve

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Federal TMDL Program Summary

• about 40,000 waters listed as impaired
• about 65,000 TMDLs currently required
• about 25,000 TMDLs currently approved
• mere handful successful in restoring water
  quality

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Virginia TMDL Program Summary

• slow but steady progress
• 1700 waters listed as impaired in 2006
• over 600 TMDLs developed since 1998, 350 by DEQ
• bacteria primary source of impairment, followed
  by sediment
• implementation planning lags behind

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References

• EPA website www.epa.gov/OWOW/tmdl
• DEQ website www.deq.virginia.gov/tmdl
• CWN handbook The Ripple Effect
• NWF handbook Saving Our Watersheds
• other materials

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• www.SouthernEnvironment.org