1. Pathogen and Turbidity TMDLs and OKR04 Richard Smith, INCOG Oklahoma MS4 Conference Oklahoma City Zoo Education Center November 7-8, 2012

2. 303(d) List and TMDL Basics 2 303(d) WQ studies 303(d) WQ studies: formal, lengthy, mostly OWRB & OCC, Part 136 and USAP procedures. TMDL TMDL (Total Maximum Daily Load) is usual outcome. Stormwater permittees Stormwater permittees must address 303(d) and TMDLs in their SWMPs. 2010 303(d) list 2010 303(d) list – is latest EPA approved. Fecal coliform Fecal coliform – no longer in WQS = no more FC TMDLs. Models Models: Load Duration Curve mostly, some QUAL models. BMPs & Monitoring BMPs & Monitoring – preferred by ODEQ over numeric limits.

3. 3 National 303(d) Statistics Top 15 Causes of 303(d) Impairment Nationally = Top 5 in Oklahoma Created from data on EPA website: http://iaspub.epa.gov/waters10/attains_nation_cy.control?p_report_type=Thttp://iaspub.epa.gov/waters10/attains_nation_cy.control?p_report_type=T

6. TMDLs & WLA_MS4 Calculations TMDL = Σ WLA + Σ LA + MOS + WLA_MS4 Amount of Pollution A Waterbody Can Receive Without Violating Water Quality Standards Point Sources = Wasteload Allocations Point Sources = Wasteload Allocations Nonpoint Sources & Natural Background = Load Allocations Nonpoint Sources & Natural Background = Load Allocations “WLA” “LA” 6 Photos by Richard Smith, INCOG

7. 7 What is a Wasteload Allocation ? NPDES / OPDES permit limits Sets NPDES / OPDES permit limits. Municipal WWTP discharges (WLA) For Municipal WWTP discharges (WLA): – Flow (MGD) – BOD & Ammonia – Bacteria – Toxics (metals, ammonia) – Both concentrations (as mg/L) and mass (as lbs/day). – Seasonal limits (summer, spring, winter). Stormwater discharges (WLA_MS4) For Stormwater discharges (WLA_MS4): – TMDL may or may not have numeric mass limits. – TMDL report specifies compliance strategy = BMPs and monitoring. – WLA_MS4 is either aggregate or individual.

8. 8 Latest TMDL Efforts in Oklahoma Managed by ODEQ, with contracts to Parsons Engineering. Some done by ODEQ, a few by INCOG and ACOG. Bacteria (many hundreds) began ~2005, continue through 2015. Mostly Parsons. LDC Method. Total MS4_WLA. Turbidity (hundreds) began 2009, continue through 2015. Mostly Parsons. LDC Method. No MS4_WLA. Metals and Dissolved Solids – just starting new TMDLs. No methods yet for pesticides or other parameters. DO-based TMDLs only when 303(d), all others are WLA. No TMDL Implementation Plans. Few Watershed Base Plans.

9. Complex TMDL Implementation 9 Non-Permitted Sources: Agriculture Agriculture no enforcement, voluntary only; 319(h) programs. Rural Lands Rural Lands no enforcement, voluntary only; 319(h) programs. Non-permitted MS4s Non-permitted MS4s no enforcement, no requirements. Permitted Sources: WWTPs WWTPs must disinfect effluents + added treatment. MS4s (Phase 1 & 2) MS4s (Phase 1 & 2) must implement BMPs and monitor. CAFOs CAFOs develop a “water quality-based reduction plan” if needed and comply with the ELG and EPA’s NPDES permit for CAFOs.

10. Typical Urban Bacteria Sources 10 Uncontrollable Regrowth Partly ControllableControllable

11. EPA’s Bacteria Study 2007-2012 11 human illness and exposures Correlation between human illness and exposures to: WWTP (treated) effluent discharges. Untreated (raw) sewage in water. Animal feces in water. laboratory Improving laboratory test methods. better parameters Selection of better parameters for use as WQS. numerical criteria More accurate numerical criteria. children & adults Differences in susceptibility between children & adults. Sampling / preservation Sampling / preservation methods. Surrogate parameters Surrogate parameters (e.g., pharmaceuticals). Bacteria Source Tracking Bacteria Source Tracking & other differentiating tests.

12. “Pathogens” vs. Indicator Organisms 12 indicator organisms 303(d) testing is for “indicator organisms”. feces Indicators are in feces of all warm-blooded mammals. pathogenic strains No direct 303(d) testing for pathogenic strains. potential Presence of “indicators” = potential for pathogens. bacteria, viruses, protozoans Pathogens can be bacteria, viruses, protozoans, etc. Positive indicator tests Positive indicator tests: May not be from human sources. May have no pathogens present.

13. Difficulties Controlling Bacteria 13 animals Most urban bacteria studies show animals as the primary sources: – Pets (dogs and cats) – Wildlife (small birds and critters) – Migratory, non-migratory large birds (geese, ducks) – Livestock in urban areas WWTP Most WWTP discharges are disinfected or soon will be. sewage Human sewage (bypasses). Regrowth Regrowth in stream beds and MS4 pipes.

14. How Stormwater Fits Into a TMDL Urban runoff is “nonpoint”. EPA put stormwater into its NPDES point source permit program. This turned “nonpoint” into “point source” for enforcement. WLA_MS4 TMDLs therefore treat stormwater permittees as “point sources” = WLA_MS4 Photo by INCOG 14

15. Effectiveness Monitoring “Output-Based” “Outcome-Based” = monitoring EPA is considering requiring sampling for several purposes: Demonstrate BMP effectiveness. Compliance with TMDL implementation plans. Demonstrate attainment of WQS. Document overall program effectiveness. 15 Image by Richard Smith, INCOG

16. 16 How OKR04 Addresses 303(d) PART II.B CONTENTS OF THE NOTICE OF INTENT 2. Information on the Municipal Separate Storm Sewer System The name of the major receiving water(s) and an indication of whether any of your receiving waters are on the latest CWA §303(d) list of impaired waters. If you have discharges to 303(d) waters, a certification that your Storm Water Management Program complies with the requirements of PART III. A. Part III.A COMPLIANCE WITH WATER QUALITY STANDARDS Operators seeking coverage under this permit shall not be causing or have the reasonable potential to cause or contribute to a violation of a water quality standard. If you have discharges to receiving waters included on the latest CWA § 303(d) list of impaired waters, you must document in your SWMP how you will comply with this requirement.

17. 17 How OKR04 Addresses 303(d) CONSTRUCTION ACTIVITIES [7 th MCM] PART VIII.B REQUIREMENTS FOR SMALL MS4s THAT ELECT TO ADOPT THE OPTIONAL PERMIT REQUIREMENTS FOR MUNICIPAL CONSTRUCTION ACTIVITIES [7 th MCM] 8. Storm Water Pollution Prevention Plans b. If your construction site discharges into a receiving water which has been listed on the Clean Water Act 303(d) list of impaired waters, and your discharges contain the pollutant(s) for which the water body is impaired, you must document in your SWP3 how the BMPs and other controls selected for your site will control the discharge of the pollutant(s) of concern.

18. 18 PART I.C LIMITATIONS ON COVERAGE 6. Discharges not consistent with a Total Maximum Daily Load (TMDL) Discharge of a pollutant into any water for which a Total Maximum Daily Load (TMDL) for that pollutant has been either established or approved by the DEQ or EPA is prohibited, unless your discharge is consistent with that TMDL. You must incorporate into your SWMP any conditions necessary to ensure discharges are consistent with the assumptions and requirements of any such TMDL. This eligibility condition applies at the time you submit a Notice of Intent for coverage. TMDL Requirements in OKR04

19. 19 PART III.B ESTABLISHED TOTAL MAXIMUM DAILY LOAD ALLOCATIONS 1.If a TMDL is established…, your discharges must meet the requirements of the TMDL and/or its associated implementation plan within any timeframes established in the TMDL. Monitoring and reporting of the discharges may also be required as appropriate to ensure compliance with the TMDL. 2.…you must incorporate any limitations, conditions, and requirements applicable to your discharges into your SWMP to ensure that the waste load allocation, load allocation and/or the TMDL’s associated implementation plan will be met within any timeframes established in the TMDL. Monitoring and reporting of the discharges may also be required as appropriate to ensure compliance with the TMDL. TMDL Requirements in OKR04

20. 20 TMDL Report’s Appendix F for MS4s “Compliance with the following provisions will constitute compliance with the requirements of this TMDL”. 1. Bacteria Reduction Plan (submit plan within 12 months of notification). 2. Bacteria Monitoring Program (submit monitoring schedule or regional commitment within 18 months and fully implement within 3 years of notification). 3. TMDL Implementation Report (submit annually with Phase II Annual Report). ODEQ has not yet sent out any TMDL Notifications to start the “Appendix F clock” ticking.

21. What’s Driving the New EPA ? Historically: regulations 1990 & 1999 – Phase I & II regulations. guidance EPA guidance, memorandums, etc. Permits General Permits for each State.Now: ELG Construction ELG’s = rulemaking. Lawsuits Lawsuits = court mandates. pollution303(d) Continued urban pollution & 303(d) problems. TMDL lawsuits Fear of more TMDL lawsuits. types of TMDLs New types of TMDLs that address urban NPS. report National Research Council’s stinging report. Political climate Political climate in Washington. 21

22. EPA 2002 Memorandum From EPA Memorandum, November 22, 2002, “Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations (WLAs) for Storm Water Sources and NPDES Permit Requirements Based on Those WLAs” BMPsnumeric limits used only in rare instances “EPA expects that most [water quality-based effluent limits] … will be in the form of BMPs, and that numeric limits will be used only in rare instances.” not easily characterizedonly in rare cases will it be feasible or appropriate to establish numeric limits “EPA’s policy recognizes that …storm water discharges are … not easily characterized, only in rare cases will it be feasible or appropriate to establish numeric limits for municipal and small construction storm water discharges.” 22

23. EPA 2010 Memorandum experience in developing TMDLs and WLAs capacity to monitor “Since 2002, States and EPA have obtained considerable experience in developing TMDLs and WLAs …. The technical capacity to monitor stormwater and its impacts …has increased.” permits should contain numeric effluent limitations Where discharges have the reasonable potential to cause water quality problems, permits should contain numeric effluent limitations. enforceable provisions Measurable Goals should be enforceable provisions. BMP numeric benchmarks and monitoring PAs should consider BMP numeric benchmarks and monitoring for estimating BMP effectiveness. The 2010 EPA Memorandum was pulled for further consideration due to nationwide concerns. 23

24. 24 Graph by Richard Smith, INCOG

25. 25 Data from 2010 EPA PowerPoint

26. Reduce flow by: 1. Removing impervious cover, 2. Disconnecting impervious cover, 3. Increase use of porous surfaces, 4. Attenuate impervious cover using flow-based LID. TMDL goal: Avoids individual pollutant TMDL goals. Already being done in several EPA Regions. Multi-Pollutant TMDLs & One Target New EPA strategy: Reducing flow reduces all pollutant loads. 26

27. Are there any Questions ? 27 Photo by Richard Smith, INCOG