WVDEP TMDL Development Nutrient Management Training December 16, 2009 Dave Montali, WVDEP

TMDL “Total Maximum Daily Load” – How much pollutant a stream can receive and meet water quality standards (pollution budget) “Total Maximum Daily Load” – How much pollutant a stream can receive and meet water quality standards (pollution budget) TMDL development required by Clean Water Act for all impaired streams TMDL development required by Clean Water Act for all impaired streams

TMDL Definition TMDL =  WLA +  LA+ MOS TMDLs include pollutant allocations to point sources (called “wasteload allocations”) and nonpoint sources (called “load allocations”), and a margin of safety

TMDL Components Point sources - pollutant discharges that enter a receiving water at a distinct location; Have NPDES permit Point sources - pollutant discharges that enter a receiving water at a distinct location; Have NPDES permit Nonpoint source - discharges result from precipitation and runoff and enter a receiving water at diffuse locations; No discharge permit required Nonpoint source - discharges result from precipitation and runoff and enter a receiving water at diffuse locations; No discharge permit required Some stormwater sources are now point sources ex. CAFO, MS4, Construction SGP Some stormwater sources are now point sources ex. CAFO, MS4, Construction SGP

What’s an impaired stream? Stream that doesn’t meet water quality standards Stream that doesn’t meet water quality standards West Virginia Water Quality Standards are codified at 47 CSR 2 West Virginia Water Quality Standards are codified at 47 CSR 2 Standards include designated uses for WV waters,water quality criteria to protect those uses, and an antidegradation policy Standards include designated uses for WV waters,water quality criteria to protect those uses, and an antidegradation policy

Navigate to: d=11&ss1id=747 Warning – not all “approved for Clean Water Act purposes” Need EPA approval

Water Quality Criteria Numeric (Appendix E) Narrative (Section 3)

Criteria Examples Numeric - Iron Numeric - Iron –Warmwater Aquatic Life use - 4-day average concentration not to exceed 1.5 mg/l more than once every three years –Troutwater Aquatic Life use - 4-day average concentration not to exceed 0.5 mg/l more than once every three years Narrative – Biological Impairment Narrative – Biological Impairment –Conditions Not Allowable in State Waters –(46 CSR 1-3.2i) “.....no significant adverse impact to the chemical, physical, hydrologic or biological components of aquatic ecosystems shall be allowed.”

Water Contact Recreation Public Water Supply Warmwater fishery Troutwater

Biological Impairment Benthic Macroinvertebrate Assessment Benthic Macroinvertebrate Assessment West Virginia Stream Condition Index (WVSCI) West Virginia Stream Condition Index (WVSCI) Streams with WVSCI scores < 60.6 are considered biologically impaired Streams with WVSCI scores < 60.6 are considered biologically impaired TMDL process includes a “Stressor ID” preliminary step to identify the pollutant(s) causing impairment TMDL process includes a “Stressor ID” preliminary step to identify the pollutant(s) causing impairment TMDL then developed for causative stressor TMDL then developed for causative stressor

West Virginia 2008 Integrated Report Impaired waters are placed 303(d) list Navigate to:

West Virginia TMDL History TMDL development required by Clean Water Act for all impaired streams TMDL development required by Clean Water Act for all impaired streams If State doesn’t develop TMDLs, EPA must If State doesn’t develop TMDLs, EPA must WV couldn’t (resources), EPA didn’t WV couldn’t (resources), EPA didn’t EPA was sued in 1995, settled suit by entering into consent decree with plaintiffs, and began developing WV TMDLs EPA was sued in 1995, settled suit by entering into consent decree with plaintiffs, and began developing WV TMDLs

West Virginia TMDL History TMDL Stakeholder Committee ( ) TMDL Stakeholder Committee ( ) –22 members; balanced membership between extractive and manufacturing industry, environmental advocates, agriculture, forestry, state and federal government, sportsmen associations, municipalities –Recommended WVDEP development of TMDLs –37 specific recommendations for 303(d) list and TMDL development –Supported General Revenue funding for WVDEP DEP became funded to develop TMDLs DEP became funded to develop TMDLs

WVDEP Process Highlights Synchronized with WV Watershed Management Framework Synchronized with WV Watershed Management Framework 48 month process (Stream selection– EPA approval) 48 month process (Stream selection– EPA approval) Multiple opportunities for public outreach/stakeholder input Multiple opportunities for public outreach/stakeholder input Pre-TMDL wq monitoring Pre-TMDL wq monitoring Source id and characterization Source id and characterization

Watershed Management Framework 32 watersheds (8-digit HUC) 32 watersheds (8-digit HUC) 5 Hydrologic Groups (A – E) 5 Hydrologic Groups (A – E) 5 YR Cycle 5 YR Cycle Water Quality monitoring, NPDES Permit reissuance and nonpoint source project funding synchronized Water Quality monitoring, NPDES Permit reissuance and nonpoint source project funding synchronized TMDL development synchronized TMDL development synchronized

WVDEP TMDL Process Stream Selection Stream Selection Pre-TMDL monitoring, source identification and characterization Pre-TMDL monitoring, source identification and characterization Contract to model water quality and hydrology Contract to model water quality and hydrology Report development Report development Finalization Finalization

Stream Selection Considerations 303(d) waters; other potentially impaired waters 303(d) waters; other potentially impaired waters Budget Budget EPA consent decree EPA consent decree Efficiency - focus geographically and address all impairments Efficiency - focus geographically and address all impairments Statewide distribution of TMDLs Statewide distribution of TMDLs

Pre-TMDL Monitoring Plan Goal – to generate robust/recent data to: Goal – to generate robust/recent data to: –Make accurate impairment assessments –Calibrate watershed models –Quantify the impacts of significant pollutant sources $ k /yr analytical costs $ k /yr analytical costs monitoring stations/yr monitoring stations/yr

Source Tracking Abandoned Mine Lands Abandoned Mine Lands Limits of POTW collection systems Limits of POTW collection systems AFOs, Livestock counts AFOs, Livestock counts Riparian zone condition Riparian zone condition Unmapped road density Unmapped road density Qualitative assessment of sediment sources Qualitative assessment of sediment sources Active Mining Point Source Info Active Mining Point Source Info

AMD Work Summary Upper Kanawha Lower Kanawha CoalGauley NB Potomac Totals Mine Seeps & Discharges Total Q (mgd) T. Fe Load (lbs/day) 2, ,184 T. Al Load (lbs/day) 1, ,632

Modeling Configure and calibrate water quality model Configure and calibrate water quality model Model water quality at “base condition” Model water quality at “base condition” –Design precipitation period –Nonpoint sources as existing –Point sources at permit limits Reduce pollutant loadings from sources, iteratively, until model predicts standards are met Reduce pollutant loadings from sources, iteratively, until model predicts standards are met

Public Input Opportunities Draft TMDL Public Notice, Meeting, Comment Allocation Philosophy TMDL 101 & Monitoring Plan Stream Selection PN

2007 TMDLs New, Greenbrier, James, L.Kan 2006 TMDLs Gauley, Potomac Direct Drains 2005 TMDLs Coal, NB Potomac, Lower Kanawha 2004 TMDLs Upper Kanawha, Upper Ohio North 2008 TMDLs Dunkard, Twelvepole, Yough, Upper Ohio South WVDEP TMDLs (2004 – 2008)

WVDEP TMDLs (2009 – 2012) 2009 (A2) “Cheat Redo” - mainstem and tribs minus Shavers and Dry Fork watersheds 2009 (A2) “Cheat Redo” - mainstem and tribs minus Shavers and Dry Fork watersheds 2010 (B2) - Elk tribs Sutton to mouth, Lower Kanawha tribs Elk to mouth, Patterson and New Creeks and tribs 2010 (B2) - Elk tribs Sutton to mouth, Lower Kanawha tribs Elk to mouth, Patterson and New Creeks and tribs 2011 (C2) – Mid Ohio North and South watersheds (not the Ohio River) 2011 (C2) – Mid Ohio North and South watersheds (not the Ohio River) 2012 (D2) – Mon tribs Fairmont to wv/pa line 2012 (D2) – Mon tribs Fairmont to wv/pa line

TMDL presentation Main Report - all waters / all impairments Main Report - all waters / all impairments Subwatershed Appendices – more detail Subwatershed Appendices – more detail Filterable allocation spreadsheets Filterable allocation spreadsheets ArcExplorer software and project ArcExplorer software and project Arcview shapefiles Arcview shapefiles Technical Report Technical Report EPA approval EPA approval All on CD All on CD