1. VIRGINIA’S TMDL
PROCESS

2. 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.

3. 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 b report to EPA April 1, We were not required to submit a 303d list this year. Next cycle is 2002.

4. 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

5. 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

6. 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 count per 100 milliliters
Applicable for data sets with 2 or more samples in 30 days
TMDLs expressed in terms of geometric mean

7. 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.

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

9. 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.

10. 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.

11. 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

12. 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

13. 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

14. 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

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

16. 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.

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

18. 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