Clean Water Act and Pollutant Total Maximum Daily Loads (TMDLs).


Book Description

This report discusses the total maximum daily load (TMDL) program which regulates pollutants to ensure that water quality standards can be attained; section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. The report focuses on new challenges facing the TMDL program, including more complex TMDLs, larger scale impairments, and nonpoint sources.




TMDLs


Book Description

TMDLs (Total Maximum Daily Loading) define how much of a pollutant a water body can tolerate on a daily basis & still meet the relevant water quality standards. All of the sources of the pollutant in the watershed combined, including non-point sources, are limited to discharging no more than that total limit. EPA is suing states to force them to produce TMDLs. A growing number of California's water bodies are either subject to consent decrees to develop TMDLs, or are the subject of notices of intent to file lawsuits that may have that outcome. This report addresses California's many problems in establishing TMDLs for its impaired water bodies.




Pollutant Load Reductions for Total Maximum Daily Loads for Highways


Book Description

"The intent of this synthesis is to collect information on the types of best management practices (BMPs) currently being used by state departments of transportation (DOTs) for meeting total maximum daily load (TMDL) water quality goals for stormwater runoff. The study approach includes two major components: interviews with 12 state DOTs to identify the existing state of the practice as it relates to TMDL implementation, and a review of selected literature sources based on the criteria of highways, TMDLs, BMP performance, and BMP cost to stay consistent with the goals of this synthesis. In particular, detailed quantitative BMP performance and cost data, including life-cycle costs, are presented, which builds significantly on previous studies of this nature. The impetus for this study was to help fill in a significant information gap on what types of BMPs are cost-effective for specific use in linear highway applications for TMDL implementation purposes. Even with the advent of new low-impact development/green infrastructure practices, there remain a lack of effective BMP technologies and nonstructural controls (e.g., source control and water quality credit trading) for DOTs to implement for National Pollutant Discharge Elimination System permit compliance. This problem will only grow larger as new TMDLs are continually being developed, and many DOTs are unprepared both technically and economically to cope with the additional requirements (some states already have 60+ TMDLs in which they are a named stakeholder). In an effort to help state DOTs with TMDL implementation, a simple user-friendly BMP matrix/toolbox with quantitative performance and, where available, life-cycle cost data for various structural and nonstructural BMPs is presented. Some of the more common TMDL pollutants of concern (sediment, nutrients, fecal coliform, and metals) are focused to maximize applicability for state DOTs. The performance and cost data were derived from numerous literature sources including the International Stormwater BMP Database, which currently consists of more than 400 studies. This study is designed to help promote information exchange and technology transfer among DOTs for the mutual benefit of all highway managers faced with TMDL implementation. Conclusions from this synthesis are briefly highlighted here by general topic area, with more details provided in chapters four and five. Performance for structural BMPs varied by pollutant and BMP type; however, certain trends did emerge from the literature review. In general, total suspended solids (TSS) appear to be relatively easy to treat with a broad range of BMPs, including infiltration basins, sand filters, and bioretention. Nutrients (especially total nitrogen) can be more challenging to remove; nonetheless, some BMPs (e.g., Austin sand filters for total nitrogen and infiltration basins for total phosphorus) showed some promise. Fecal coliform data were limited; however, several BMPs were documented as being effective, including infiltration basins, and infiltration trenches, among others. Additional BMP performance data from the International Stormwater BMP Database support the view that media filters and retention ponds are consistently effective for a wide variety of TMDL pollutants, including TSS, nutrients, fecal coliform, and total metals. This conclusion is based on statistics that show that median concentrations of these pollutants were statistically lower in effluent concentrations compared with influent concentrations based on a large number of studies from around the country (although not all highway related). Overall, while these BMPs may be generally effective across a range of environmental conditions, obtaining local site-specific BMP monitoring data would be preferable for developing individual state DOT TMDL programs. Performance data are also presented for nonstructural practices such as street sweeping, catch basin cleaning, and tree planting. Quantitative performance data are generally lacking in the literature for these types of BMPs. The limited information found suggests that street sweeping and catch basin cleaning may potentially be effective strategies for reducing TSS, nutrients, and metals provided they are performed frequently enough and the right technology is used (in the case of sweeping). Tree planting and stream restoration were documented as having some water quality benefits for nutrients. Notably, anti-icing management has been successfully demonstrated in New Hampshire, where a 20% reduction in chlorides was achieved by upgrading the technology on snow plows in response to a chloride TMDL. In addition to performance, life-cycle cost data are presented where available. However, the cost information could not be adequately synthesized owing to differences in cost estimating approaches, reporting units, variability in costs among states and regions, and inconsistencies in BMP naming conventions. This also prevented a true cost-benefit analysis. However, numerous sources of life-cycle cost data, as well as sources for individual cost elements such as design, construction, and operation and maintenance, are provided where the interested reader may obtain more detailed information. Given the differences in cost from one region to another, the reader is encouraged to obtain cost data that are most relevant to their state. Hyperlinks are provided in the BMP matrix/toolbox where one may access examples of reports with detailed life-cycle cost data, and numerous additional cost sources are cited throughout the section on Highway Best Management Practices in chapter three. There appear to be several common elements to developing an effective TMDL implementation program, all of which have the potential to benefit DOTs by helping them receive a more equitable waste load allocation and developing a more manageable TMDL program. The key elements are listed here (although not all may apply to every DOT): Increase awareness and training within the DOT on TMDL issues, especially in cases where the DOT is named a stakeholder in only a few TMDLs (or none). Develop off-site watershed partnerships and collaborate with other stakeholders to ensure cost-effective approaches based on economies of scale and to promote information sharing and technology transfer among stakeholders. Collaborate with the state regulatory agency during the TMDL development process, especially early in the process. Estimate pollutant loads generated within the DOT right-of-way (either through water quality monitoring or modeling) and predict potential load reductions from various BMP implementation scenarios. Although some DOTs had relatively successful TMDL programs, others clearly faced a number of challenges. The primary challenges were limited financial resources, a lack of effective BMP technologies for linear highway applications, and difficulties in navigating complex regulatory environments where TMDL-related requirements were either inconsistently enforced or restricted the flexibility of the DOT in implementing BMPs of their choice. Further research is suggested on the following topics: long-term adverse environmental and cultural aspects of BMP implementation; new and innovative BMP technologies suitable for the highway environment; more studies on BMP longevity, life-cycle costs, and maintenance costs and standards; and alternative and creative solutions to addressing emerging TMDLs for less traditional pollutants such as biological integrity, sediment toxicity, and organic compounds (e.g., vehicle source control, water quality trading)"--Pages 1-2.




The Clean Water Act TMDL Program


Book Description

The definitive guide to all there is to know about the TMDL requirements of clean water legislation.




Assessing the TMDL Approach to Water Quality Management


Book Description

Over the last 30 years, water quality management in the United States has been driven by the control of point sources of pollution and the use of effluent-based water quality standards. Under this paradigm, the quality of the nation's lakes, rivers, reservoirs, groundwater, and coastal waters has generally improved as wastewater treatment plants and industrial dischargers (point sources) have responded to regulations promulgated under authority of the 1972 Clean Water Act. These regulations have required dischargers to comply with effluent-based standards for criteria pollutants, as specified in National Pollutant Discharge Elimination System (NPDES) permits issued by the states and approved by the U.S. Environmental Protection Agency (EPA). Although successful, the NPDES program has not achieved the nation's water quality goals of "fishable and swimmable" waters largely because discharges from other unregulated nonpoint sources of pollution have not been as successfully controlled. Today, pollutants such as nutrients and sediment, which are often associated with nonpoint sources and were not considered criteria pollutants in the Clean Water Act, are jeopardizing water quality, as are habitat destruction, changes in flow regimes, and introduction of exotic species. This array of challenges has shifted the focus of water quality management from effluent-based to ambient- based water quality standards. Given the most recent lists of impaired waters submitted to EPA, there are about 21,000 polluted river segments, lakes, and estuaries making up over 300,000 river and shore miles and 5 million lake acres. The number of TMDLs required for these impaired waters is greater than 40,000. Under the 1992 EPA guidance or the terms of lawsuit settlements, most states are required to meet an 8- to 13-year deadline for completion of TMDLs. Budget requirements for the program are staggering as well, with most states claiming that they do not have the personnel and financial resources necessary to assess the condition of their waters, to list waters on 303d, and to develop TMDLs. A March 2000 report of the General Accounting Office (GAO) highlighted the pervasive lack of data at the state level available to set water quality standards, to determine what waters are impaired, and to develop TMDLs. This report represents the consensus opinion of the eight-member NRC committee assembled to complete this task. The committee met three times during a three-month period and heard the testimony of over 40 interested organizations and stakeholder groups. The NRC committee feels that the data and science have progressed sufficiently over the past 35 years to support the nation's return to ambient-based water quality management. Given reasonable expectations for data availability and the inevitable limits on our conceptual understanding of complex systems, statements about the science behind water quality management must be made with acknowledgment of uncertainties. This report explains that there are creative ways to accommodate this uncertainty while moving forward in addressing the nation's water quality challenges.







Total Maximum Daily Loads (TMDLs): A Perspective


Book Description

A recent regulatory program that will provide unique challenges and opportunities for the Corps of Engineers over the next 15 years or more is the Total Maximum Daily Load (TMDL) Program. According to the U.S. Environmental Protection Agency (USEPA 1999b), establishing a TMDL is part of a process whereby impaired or threatened water bodies and the pollutant(s) causing the impairment are systematically identified and a scientifically based strategy a TMDL-is established to correct the impairment or eliminate the threat and restore the water body. While the TMDL Program itself as administered by the EPA is relatively recent, the requirement for the program lies in the Clean Water Act (CWA) of 1972. The CWA contained a provision Section 303(d) requiring all states to develop and implement TMDLs for their impaired water bodies (those failing to meet water quality standards) and water bodies threatened to become impaired. This requirement has not been aggressively enforced until recently, largely because of the difficulties involved in that enforcement. While in the past regulatory control has focused on individual water bodies and point sources, under the TMDL process all sources (point and non-point) must be considered (USEPA 1991, 1999a, 1999b, 1999f), which poses unique scientific and regulatory challenges. The TMDL process is essentially driving the watershed approach to water quality management (YSI 1999).