VIRGINIA’S TMDL PROCESS

Water Quality Standards Standards are regulations based on federal and state law that set: numeric and narrative limits on pollutants. Purpose of standards: protection of 5 designated uses: aquatic life, fishing, shellfish, swimming, & drinking water restoration of state waters - TMDLs Listing of impaired waters and TMDL development are based on WQ standards.

305(b) and 303(d) WATER QUALITY REPORTS Identifying Impaired Waters 305(b) and 303(d) WATER QUALITY REPORTS Every two years the States conduct an assessment of their waters - 305b report Based upon that assessment the States develop their 303d list of impaired waters. The 1998 Reports are the most recent editions. DEQ submitted its year 2000 305b report to EPA April 1, 2000. We were not required to submit a 303d list this year. Next cycle is 2002.

THUMB RUN IMPAIRMENT 1998 303(d) List: 7 violations -15 samples 2000 Assessment: 6 violations -15 samples Preliminary results for 2002 Assessment: 4 violations -16 samples

FECAL COLIFORM BACTERIA STANDARD bacteria is an Indicator of human or animal waste - not a pathogen But there is a higher probability of pathogens existing in waters that violate the standard

FECAL COLIFORM STANDARD 1000 count per 100 milliliters of water Applicable for data sets - monthly samples Listed as impaired if violation rate is greater than 10% TMDL requires 0% violation rate Geometric mean - 200 count per 100 milliliters Applicable for data sets with 2 or more samples in 30 days TMDLs expressed in terms of geometric mean

This graph shows impairment causes in river miles This graph shows impairment causes in river miles. Note that the vast majority of impairments are from Fecal Coliform violations, followed by Benthic impairments.

This graph illustrates the predominance of NPS impairments relative to point source and unknowns.

What is a TMDL ? A Special Study to: Identify all sources of pollution contributing to violation of water quality standards. Calculate the amount of pollutants entering the stream from each source. Calculate the reductions in pollutants, by source, needed to attain/maintain water quality standards. (Must include MOS) What, then, is a TMDL? It is a study designed to: 1) identify all sources of pollution contributing to violation of WQS 2) it calculates the amount of pollutants from each source. 3) And calculates the reductions, by source, necessary to attain and maintain WQS 4) And finally, the allocation scenario must contain a MOS.

8 Required Elements of a TMDL 1. Be developed for critical stream conditions; 2. Be developed to meet water quality standards; 3. Consider seasonal variations; 4. Include wasteload and load allocations; 5. Include a margin of safety; 6. Consider impacts of background contributions; 7. Be subjected to public participation. 8. Reasonable assurance. 7 REQUIRED ELEMENTS OF A TMDL It must be developed for: critical stream conditions; must meet WQS; must consider seasonal variations; must include point source and Non point source allocations; must include a Margin of Safety; must consider background contributions; and must include public participation.

TMDL Public Participation Process Public Notices and Public Meetings during TMDL development Submit to EPA for approval. SWCB adoption of TMDL as regulation. Include TMDL in WQMPs The process includes: Public notice and Public Meeting of the initial TMDL development; may include Public notices and meetings during development; public notice and final public meeting for the draft TMDL; Submittal to EPA for approval; SWCB adoption as regulation; and finally, be included in the WQMPs

TMDL Implementation DEQ is required by state legislation to develop implementation plans DCR has lead for NPS TMDL implementation plans DEQ, DCR, VDH, and other state agencies will coordinate IP development with LOCAL STAKEHOLDERS! DEQ is required to develop implementation plans of completed TMDLs by state regulation. At this time EPA does not require implementation Plans. DCR has the lead for NPS TMDL implementation Plans, and will coordinate with local stakeholders, DEQ, VDH, and other state agencies. I can’t emphasize strongly enough that: Local stakeholders need to be actively involved in developing implementation strategies

OPPORTUNITY KNOCKS!! We can make nonpoint BMPs Work without regulation! Funding available for implementation! Local shareholder help make the choices - OR “the hard way” TMDLs may impact Point Source Permits

FUTURE OF TMDL PROGRAM Expect Changes - EPA Regulation Changes Resource needs at all levels -2000 Study for General Assembly & up-coming budget cycle -Federal Funds Anticipate changes in WQS We need to expect changes-EPA is revising the TMDL regulation. We need additional resources at all levels from the General Assembly- and a report is due to the Assembly this fall, detailing current and future needs to fulfill our TMDL requirements. We also need continued coordination throughout the Water Quality Management Program. The court order requires forward movement and completion of TMDLs

Standards Technical Issues: Issues Related to 305/303/TMDL/ Permit Concerns: Bacterial Indicators Wildlife Background Bacteria Recreational Uses Dissolved Oxygen Shellfish Prohibitions

Process for Changing Current Water Quality Standards Tri-annual Review The public participation process for changes in Virginia’s water quality standards has begin. DEQ is exploring “reasonable” changes for application of bacteria standard that will not compromise human health.

IMPACTS: UAA-wildlife issue Adopted TMDLs may be re-opened! Revised Stds. may impact Implementation Plans! - STAGED APPROACH

CONTINUING PLANNING PROCESS Water Quality Monitoring Control Meas. Mgmt. Strat. EPA Assessments (Point, NPS) Public Participation Water Quality Standards 305 (b) Report (Point, NPS) Watershed Plans 303(e), etc. EPA I hope that this brief overview of the Comonwealth’s Continuing Planning Process helps clarify where we are with TMDLs, and what lays ahead. Again, I cannot stress strongly enough, the importance of stakeholder involvement - Please participate! THANK YOU Public Participation 303(d) Waters TMDLs Public Participation EPA CONTINUING PLANNING PROCESS