Total Maximum Daily Loads in MS4 Storm Water Programs

When a lake or stream does not meet Water Quality Standards (WQS) a study must be completed to determine the amount of a pollutant that is allowed to be put into that water body, yet still meet WQS. Understanding TMDLs Total Phosphorus E. coli bacteria Dissolved Oxygen Solids/ Sediment Biota/ Flow

Once a TMDL is developed it is sent to the Environmental Protection Agency for approval. Understanding TMDLs

After it is approved, the state is required to implement the TMDL so the water body will eventually meet WQS. Implementation is achieved through such programs as permits and nonpoint source controls. TMDL Implementation

TMDL Implementation & The MS4 Permit 1.Both the Watershed and the Jurisdictional permits require municipalities to “identify” and “prioritize” actions that will address the TMDLs in their jurisdictions. 2.In addition, municipalities have a monitoring obligation if they have a Total Phosphorus or E. coli TMDL. 3.However, any permittee may select an “alternative” approach over monitoring, if eligible. So, what does all that mean?

Identify & Prioritize Actions Progress toward meeting WQS will be long-term. But, over the course of this permit cycle, permittees need to: 1.Continue implementing current, ongoing, activities; 2.Continue identifying sources, 3.Begin prioritizing, and 4.Eliminate known sources. These are discussed in detail later.

Monitoring Requirements Permittees with an E. coli or Total Phosphorus TMDL must begin monitoring wet weather discharges.

For details, see the specific document Storm Water Sampling Guidance for Total Phosphorus & E. coli. Monitoring Requirements Basics: one representative sample of a storm water discharge from at least 50% of the major discharge points (≥36” at widest cross-section) discharging directly to surface waters of the state.

Alternative Approach Both permittees may choose the “alternative” approach instead, (if they are eligible).

Alternative Approach Permittees must already have information and a plan for prioritizing and controlling Total Phosphorus and/or E. coli consistent with the TMDL.

Alternative Approach Permittees must also submit their plan for approval. Refer to the compliance document Alternative Submittals.

Watershed permittees also have a choice to do an “elective” option instead of the specified monitoring. Monitoring Requirements

Elective Option This option was designed for permittees to work collaboratively with their partners and allows more flexibility for overall program success with the watershed management plan.

Elective Option Although it does not require Department approval, the plan must be detailed in the SWPPI and may be reviewed for deficiencies. For details, see the specific document Municipal Separate Storm Sewer System (MS4) Elective Option -- Watershed Permit

Monitoring Results Monitoring results, combined with other findings, shall be used to identify further actions targeted in the next permit cycle (2013) and shall be included in the Second Progress Report.

Achieving Permit Compliance Four Steps to identify and prioritize actions: 1.Review TMDL related documents, 2.Identify potential sources of the pollutants and/or problems, 3.Identify actions to address those sources, and 4.Prioritize those actions.

Step 1. Review TMDL documents Three important documents include: 1. Total Maximum Daily Load Reports 2. Watershed Management Plans 3. TMDL Implementation Plans

Most TMDL Reports identify contributing land areas and potential sources of pollutants. And, if available, WMPs may also contain important information on sources

Step 2. Identify potential sources While this will not be discussed in detail, having an understanding of land use, flow, or specific areas of concern may help identify potential sources. For more information, see the specific guidance on Addressing Total Maximum Daily Loads in MS4 Urban Storm Water Programs

The Storm Water Sampling Guidance for Total Phosphorus and E. coli outlines the process of identifying sources for E. coli and Phosphorus, while the permit outlines priority areas in the IDEP section. Step 2. Identify potential sources

Step 3. Identify Actions Addressing Total Maximum Daily Loads in MS4 Urban Storm Water Programs lists actions that typically address sources of problems. The list may help permittees choose relevant actions.

Step 3. Identify Actions Some actions may require collaboration. In those instances, identify roles and responsibilities for each jurisdiction. Permittees should implement actions that are relevant and in areas that make sense.

Once a list of actions has been identified, prioritize it for implementation and include those that are ongoing. Step 4. Prioritize Actions

Permittees should prioritize actions based on known sources and “low hanging fruit”. These actions will need to be included in the SWPPI/SWMP with implementation this permit cycle. Step 4. Prioritize Actions

Once monitoring is complete, a second prioritization process will be necessary. The monitoring results can be used to identify and prioritize additional actions where necessary. Step 4. Prioritize Actions

Remember, permittees must continue to evaluate the cause and implement what is practicable for all regulated areas and all potential problems.

It does not make sense to completely start over when you are implementing something that makes sense, nor does it make sense to continue implementing something that does not work. Achieving Permit Compliance

New prioritized actions shall be specified in the Second Progress Report (due 2013), with implementation targeted in the next permit cycle in The Saga Continues…

Specific TMDL guidance documents are divided up by: E. Coli Total Phosphorus Dissolved Oxygen & Biota All compliance assistance documents can be found at

Some Details on the Federal Regulations for TMDLs Section 303 of the Clean Water Act (Water Quality Standards and Implementation Plans) & Section 314 of the Clean Water Act (Clean Lakes)

Section 314(a)  The Clean Water Act, under 314(a), requires states to submit a biennial report on the quality of their water.  The (Integrated) Reports are sent to, and approved by, EPA and sent to the US Congress

Michigan’s Integrated Reports can be found at: Go to water, then water quality monitoring, then assessment of Michigan waters. Under information, download the Integrated Report.

Section 303(d)  Section 303(d) is a list of water bodies not attaining WQS and requires development of a TMDL for each.  The list is updated every 2 years and public noticed.

 The list must identify the year the TMDL will be developed  A TMDL must be produced for each impaired water body Section 303(d)

 Water bodies may be “de-listed” (from the 303(d) list) based on new information that show WQS attainment.  Restoration actions may preclude the need for TMDL development, and “de-list” the water body.  However, once a TMDL is developed, it never goes away.  TMDLs must be developed within 13 years of listing. Section 303(d)

Approved TMDLs Approved TMDLs can be found at: go to water, then water quality monitoring, then assessment of Michigan waters. Under information, go to Total Maximum Daily Loads

Remember: TMDLs NEVER go Away  The best way to not have a TMDL added to the permit is to get it “de-listed” from the 303(d) list BEFORE the TMDL is written.  That means start working on achieving WQS in the areas that are on the 303(d) list. Don’t wait.  Post-Construction controls in ALL areas of your jurisdiction is just a start (but probably not enough).

Remember: TMDLs NEVER go Away  Permits may be modified after the water body is no longer impaired.  However, the water body will not be assessed to prove this until a significant amount of corrective actions have taken place where it is reasonable to perform a follow-up investigation.

Ultimate Goal = Meet Water Quality Standards

Questions on 303(d) Listings or Federal TMDL Requirements? Christine Alexander Surface Water Assessment

Questions on MS4 Permit Compliance? contact the appropriate Department staff for your permit.