Rick Parrish, SELC rparrish@selcva.org

1. Rick Parrish, SELC rparrish@selcva.org

2. Rivanna Conservation Society Rivanna River TMDLsApril 19, 2007

3. 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.

4. 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 don’t do adequate job

5. 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

6. 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

7. 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

8. 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)

9. 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• 1985 regulations • Federal Advisory Committee (1998-1999) • new regulations adopted July 2000 • new regulations withdrawn March 2003 • program developed through EPA guidance

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

11. Water Quality Monitoring, Information and Restoration Act (WQMRA) • passed by Virginia legislature in 1997 • requires development of implementation plans for approved TMDLs

12. 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/water cleanup plan/WCP • www.deq.virginia.gov/tmdl

13. 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

14. 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

15. 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

16. 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

17. www.SouthernEnvironment.org