TMDLs and the NACD TMDL Task Force TMDLs NACD TMDL Task Force TMDL Draft Policy Trading and TMDLs

Regulations (40 CFR 130.7) Each State shall identify those water quality- limited segments still requiring TMDLs within its boundaries for which: Technology based effluent limitations More stringent effluent limitations Other pollution control requirements Are not stringent enough to implement any water quality standards applicable to such waters

TMDLs not self implementing under 303(d) Point Sources: Permit limits consistent with WLA are enforceable under CWA through National Pollutant Discharge Elimination System (NPDES) Issued by EPA or States w/ delegated authority Nonpoint Sources: No federal regulatory enforcement program Primarily implemented through State/Tribal/local NPS management programs (few w/ regulatory enforcement)

TMDL Task Force Chair- Lee McDaniel, Maryland Ryan Anderson, Washington John W. Peterson, Virginia Tim Reich, South Dakota Joe Schneider, Oklahoma Mark Zabel, Minnesota Advisors George Boggs Angela Ehlers Rich Duesterhaus Staff: Tamara Daniels

Conservation Districts Locally Led :“Boots on the ground” for soil and water conservation long before Clean Water Act of 1972 Total Maximum Daily Loads 1. State Conservation agencies and conservation districts, with assistance from initiatives such as Section 319 and NRCS’s conservation technical assistance program, should have the lead in addressing nonpoint source pollution issues, primarily through voluntary, incentive based programs.

TMDLs and Conservation Districts Technical Support- Conservation districts have the potential/existing capacity to provide technical support either through an individual conservation district or through shared resources such as state agencies Science Based- Efforts to assess waters and to evaluate programs or practices should be science based defined as scientifically verifiable and publically acceptable. Monitoring over modeling Standards should not be initially set below natural conditions Baseline Assessments Needed Monitoring should be ongoing

Conservation Districts and TMDLs Equitable- Practices should address the problems, with priority given to the main sources... Ensure the most benefits for the dollars spent Collaborative- Nested- Impairments should be addressed at the lowest level feasible. Boundaries must be clear and locally understood. Large scale TMDLs –Chesapeake and Mississippi hard to relate to Accessible Resources- funding for practices, technical assistance, locally led monitoring Certainty- the use of certainty/safe harbor approaches will help get more conservation accomplished and prevent the uncertainty of a moving target for landowners.

Water Quality Trading existing NACD Policy... achieve water quality and environmental benefits greater than would otherwise be achieved... Sooner Reduces cost of achieving water quality standards Provides incentives Achieves additional environmental benefits, like habitat, Is specific to a watershed/TMDL area