1. 1 Sandra Spence EPA Region 8 TMDL Program EPA Region 8 TMDL Program Integrating Watershed Plans and TMDLs to Help Answer Watershed Planning Questions November 19, 2008 DRAFT

2. EPA Contacts for Watershed Planning and TMDL Questions James Ruppel, TMDL Program Coordinator & Wyoming point of contact – 303-312-6846 James Ruppel, TMDL Program Coordinator & Wyoming point of contact – 303-312-6846 Peter Monahan, Watershed/Nonpoint Source Program Coordinator & Wyoming point of contact – 303-312-6948 Peter Monahan, Watershed/Nonpoint Source Program Coordinator & Wyoming point of contact – 303-312-6948 Sandra Spence, TMDL Coordinator for Utah/Colorado – 303-312-6947 Sandra Spence, TMDL Coordinator for Utah/Colorado – 303-312-6947

3. Agenda  CWA Overview  What is an impaired water – 303(d) listing  Approaches for de-listing waters  What is a TMDL  What is a Watershed Plan  Steps in the Watershed Planning Process  Relationship between Watershed Plans and TMDLs 3

4. Components of the Clean Water Act (CWA)  Water Quality Standards  Water Quality Monitoring  Determination of WQS attainment – impaired waters and 303(d) listing  Restoration Planning – Watershed Plans and TMDLs  Restoration - Approaches to restoration and protection under CWA 4

5. Clean Water Act (CWA) Federal law promulgated in 1972. Applies to surface water – lakes, rivers, streams, coastal areas Uses regulatory and non-regulatory tools to protect and restore the nation’s waters Goals: reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff restore and maintain the chemical, physical, and biological integrity of the nation's waters so that they can support "the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water."

6. Monitor and Assess waters based on WQ standards Identify impaired/threatened waters (303(d) List) Develop Watershed Plans and TMDLs Implement water quality controls – point sources and nonpoint sources Water Quality-Based Approach 6 Establish Water Quality Standards

7. What is An Impaired Water EPA defines an impaired waterbody as one that does not meet water quality criteria that support its designated use. The criteria might be numeric and specify concentration, duration, and recurrence intervals for various parameters, or they might be narrative and describe required conditions such as the absence of scum, sludge, odors, or toxic substances. If the waterbody is impaired it is placed on the section 303(d) list. For each pollutant listed, the state or tribe must develop a restoration target called a Total Maximum Daily Load (TMDL).

8. States Provide a List of Impaired Waters to EPA Every Two Years – 303(d) list 8 Excerpt from Wyoming’s Draft 2008 303(d) list of Waters Requiring TMDLs Waterbody NameClassUsesUse SupportCause(s)List Date Bear River2AB Aquatic Life, Cold Water Fish Not SupportingSediment2002 Bridger Creek3BAquatic LifeThreatenedHabitat1998 Belle Fourche River2ABwwRecreationNot SupportingE. coli1996 Belle Fourche River2ABww Aquatic Life, Warm Water Fish Not Supporting Ammonia, Chloride 2008 Donkey Creek3BRecreationNot SupportingE. coli2000 Gillette Fishing Lake 2AB Aquatic Life, Cold Water Fish Not Supporting Phosphate Sediment 1996 Stonepile Creek3BRecreationNot SupportingE. coli2002 Popo Agie River, Middle Fork 2ABRecreationNot SupportingE. coli2002 Ocean Lake 2ABww Aquatic Life, Warm Water Fish Not SupportingSediment1996

9. What Can Happen to a 303(d) listed Waterbody The waterbody has a TMDL submitted and approved within 8 to 13 years and is delisted. The waterbody has a TMDL submitted and approved within 8 to 13 years and is delisted. The waterbody is restored and meets WQSs and is delisted. The waterbody is restored and meets WQSs and is delisted. The waterbody is reassessed and is found to be meeting WQSs and is delisted. The waterbody is reassessed and is found to be meeting WQSs and is delisted. WQSs are changed, the waterbody is reassessed and is found to be meeting WQSs and is delisted. WQSs are changed, the waterbody is reassessed and is found to be meeting WQSs and is delisted.

10. What is a TMDL – Total Maximum Daily Load? A calculation of the amount of a specific pollutant that a waterbody can receive and still meet water quality standards.

11. Basic Provisions for TMDLs TMDLs are designed to attain and maintain applicable water quality standards TMDLs are designed to attain and maintain applicable water quality standards TMDLs apply to all sources TMDLs apply to all sources TMDLs apply to all pollutants TMDLs apply to all pollutants TMDLs are pollutant and waterbody specific TMDLs are pollutant and waterbody specific A waterbody will often have several TMDLs (one for each pollutant of concern) A waterbody will often have several TMDLs (one for each pollutant of concern)

12.  WLA +  LA + {MOS} = TMDL Point source loads + nonpoint source loads + MOS = TMDL TMDL Definition continued WLA = wasteload allocation (point source loads) LA = load allocation (nonpoint source and background loads) MOS = margin of safety (explicit or implicit) TMDL = total maximum daily load Sum of Loads = Assimilative Capacity

13. Wasteload Allocation Components diffuse runoff nonpoint source stormwater point source non-stormwater point sources Load Allocation Components atmospheric deposition groundwater inflow irrigated ag return flow & ag stormwater background 13 I’M FULL! I can’t eat another bite of that pollutant!

14. National and Regional Perspective Listings 39,910 impaired/threatened waters nationally in 2006 39,910 impaired/threatened waters nationally in 2006 1190 impaired/threatened waters in Region 8 1190 impaired/threatened waters in Region 8 ~25,000 TMDLs completed nationally, ~2,000 TMDLs completed in Region 8 ~25,000 TMDLs completed nationally, ~2,000 TMDLs completed in Region 8

15. Comparison of Region 8 States to Major Causes of Impairment Nationally

16. Major Causes of Impairment in Wyoming

17. Pollution Controls in the Clean Water Act Technology based effluent limits – point source permit Technology based effluent limits – point source permit Water quality based effluent limits – point source permit Water quality based effluent limits – point source permit TMDL Waste Load Allocation based effluent limits – point source permit TMDL Waste Load Allocation based effluent limits – point source permit TMDL Load Allocations – nonpoint sources without permits – voluntary/incentive based approaches TMDL Load Allocations – nonpoint sources without permits – voluntary/incentive based approaches

18. What is a Watershed Plan A watershed plan is a document used to resolve and prevent water quality problems that result from both point source and nonpoint source contributors. These plans are intended both to provide an analytical framework to restore water quality in impaired waters and to protect water quality in other waters adversely affected or threatened by pollutant sources.

19. Why Watershed Plans Fail to Achieve Desired Goals  Planning activities conducted at too great of a scale.  Plan was a one-time study rather than long-term management process.  Lack of stakeholder involvement and ownership.  Skirting of real land use/management issues.  Plan was too long or complex.  Recommendations were too general.  Failure to identify and address conflicts. Source: Center for Watershed Protection

20. 20 Steps In Watershed Planning

21. 21 Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach 21

22. 22 Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach STEP 2 CHARACTERIZE WATERSHED Gather existing data Gather existing data Create data inventory Create data inventory ID data gaps ID data gaps Collect additional data, if needed Collect additional data, if needed Analyze data Analyze data ID causes and sources ID causes and sources Estimate pollutant loads Estimate pollutant loads 22

23. 23 Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach STEP 2 CHARACTERIZE WATERSHED Gather existing data Gather existing data Create data inventory Create data inventory ID data gaps ID data gaps Collect additional data, if needed Collect additional data, if needed Analyze data Analyze data ID causes and sources ID causes and sources Estimate pollutant loads Estimate pollutant loads STEP 3 FINALIZE GOALS AND IDENTIFY SOLUTIONS Set goals and management objectives Set goals and management objectives Develop indicators/targets Develop indicators/targets Determine load reductions needed Determine load reductions needed ID critical areas ID critical areas ID management measures needed ID management measures needed 23

24. 24 k Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach STEP 2 CHARACTERIZE WATERSHED Gather existing data Gather existing data Create data inventory Create data inventory ID data gaps ID data gaps Collect additional data, if needed Collect additional data, if needed Analyze data Analyze data ID causes and sources ID causes and sources Estimate pollutant loads Estimate pollutant loads STEP 3 FINALIZE GOALS AND ID SOLUTIONS Set goals and management objectives Set goals and management objectives Develop indicators/targets Develop indicators/targets Determine load reductions needed Determine load reductions needed ID critical areas ID critical areas ID management measures needed ID management measures needed STEP 4 DESIGN IMPLEMENTATION PROGRAM Develop Implementation schedule Develop Implementation schedule Set Interim milestones Set Interim milestones Determine how you will measure success Determine how you will measure success Develop monitoring component Develop monitoring component Develop evaluation process Develop evaluation process ID technical and financial assistance needed ID technical and financial assistance needed Assign responsibility Assign responsibility 24

25. 25 k Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach STEP 2 CHARACTERIZE WATERSHED Gather existing data Gather existing data Create data inventory Create data inventory ID data gaps ID data gaps Collect additional data, if needed Collect additional data, if needed Analyze data Analyze data ID causes and sources ID causes and sources Estimate pollutant loads Estimate pollutant loads STEP 3 FINALIZE GOALS AND ID SOLUTIONS Set goals and management objectives Set goals and management objectives Develop indicators/targets Develop indicators/targets Determine load reductions needed Determine load reductions needed ID critical areas ID critical areas ID management measures needed ID management measures needed STEP 4 DESIGN IMPLEMENTATION PROGRAM Develop Implementation schedule Develop Implementation schedule Set Interim milestones Set Interim milestones Determine how you will measure success Determine how you will measure success Develop monitoring component Develop monitoring component Develop evaluation process Develop evaluation process ID technical and financial assistance needed ID technical and financial assistance needed Assign responsibility Assign responsibility STEP 5 IMPLEMENT WATERSHED PLAN Implement management strategies Implement management strategies Conduct monitoring Conduct monitoring Conduct outreach activities Conduct outreach activities 25

26. 26 k Watershed Planning Steps STEP 1 BUILD PARTNERSHIPS ID stakeholders ID stakeholders ID issues of concern ID issues of concern Set preliminary goals Set preliminary goals Develop indicators Develop indicators Conduct outreach Conduct outreach STEP 2 CHARACTERIZE WATERSHED Gather existing data Gather existing data Create data inventory Create data inventory ID data gaps ID data gaps Collect additional data, if needed Collect additional data, if needed Analyze data Analyze data ID causes and sources ID causes and sources Estimate pollutant loads Estimate pollutant loads STEP 3 FINALIZE GOALS AND ID SOLUTIONS Set goals and management objectives Set goals and management objectives Develop indicators/targets Develop indicators/targets Determine load reductions needed Determine load reductions needed ID critical areas ID critical areas ID management measures needed ID management measures needed STEP 4 DESIGN IMPLEMENTATION PROGRAM Develop Implementation schedule Develop Implementation schedule Set Interim milestones Set Interim milestones Determine how you will measure success Determine how you will measure success Develop monitoring component Develop monitoring component Develop evaluation process Develop evaluation process ID technical and financial assistance needed ID technical and financial assistance needed Assign responsibility Assign responsibility STEP 5 IMPLEMENT WATERSHED PLAN Implement management strategies Implement management strategies Conduct monitoring Conduct monitoring Conduct outreach activities Conduct outreach activities STEP 6 MEASURE PROGRESS AND MAKE ADJUSTMENTS Review and evaluate Review and evaluate Share results Share results Prepare annual plans Prepare annual plans Make adjustments Make adjustments 26

27. 27

28. 28 The Nine Elements that Must Be Included in a 319 Watershed Plan 1. Identify causes & sources of pollution – TMDL feature 2. Estimate load reductions expected – TMDL feature 3. Describe mgmt measures & targeted critical areas – TMDL feature 4. Estimate technical and financial assistance needed 5. Develop education component 6. Develop schedule – TMDL option 7. Describe interim, measurable milestones – TMDL option 8. Identify indicators to measure progress 9. Develop a monitoring component – TMDL option

29. 29 Incorporation of the nine minimum elements

30. How are TMDLs and Watershed Plans Related?

31. Minimum Components of TMDL Submitted for EPA Approval 1. Problem Description – Watershed Plan Feature Submittal letter Submittal letter Identification of waterbody, impairments, study boundaries Identification of waterbody, impairments, study boundaries Identification of applicable water quality standards Identification of applicable water quality standards 2. Discussion of Water Quality Targets - Watershed Plan Feature 3. Pollutant Source Analysis - Watershed Plan Feature 4. TMDL Technical Analysis Data set description - Watershed Plan Feature Data set description - Watershed Plan Feature WLAs – point sources WLAs – point sources LAs – nonpoint sources LAs – nonpoint sources Margin of Safety Margin of Safety Critical conditions and seasonality - Watershed Plan Feature Critical conditions and seasonality - Watershed Plan Feature Daily load expression Daily load expression 5. Public Participation - Watershed Plan Feature 6. Monitoring Strategy - Watershed Plan Feature 7. Restoration Strategy - Watershed Plan Feature

32. Comparison of Watershed Plans and TMDL Components Watershed Plan Components 1. Build partnerships 2. Characterize the watershed Id waterbody, impairments, study boundaries Id waterbody, impairments, study boundaries Gather and analyze data Gather and analyze data Id causes and sources Id causes and sources Estimate loads Estimate loads TMDL Components 1. Provide opportunity for public involvement 2. Identify the problem Id waterbody, impairments, study boundaries Present data analysis Id causes and sources Estimate loads

33. Comparison of Watershed Plans and TMDL Components continued Watershed Plan Components 3. Sets goals and Id solutions Develop indicators/targets Develop indicators/targets Determine load reductions Determine load reductions Id critical areas Id critical areas Develop management measures to achieve goals Develop management measures to achieve goals TMDL Components 3. Identify water quality targets and goals and allocate loads Id applicable WQS/targets Id critical areas and seasonality Describe technical analysis used in load estimation, load reduction, modeling, etc. Allocate acceptable loads between point and nonpoint sources (WLAs, LAs) Provide for a margin of safety (MOS)

34. Comparison of Watershed Plans and TMDL Components continued Watershed Plan Components 4. Design an implementation program Develop an implementation schedule Develop an implementation schedule Develop interim milestones Develop interim milestones Develop criteria to measure progress Develop criteria to measure progress Develop monitoring component Develop monitoring component Develop educational component Develop educational component Id technical /financial assistance Id technical /financial assistance Assign responsibility Assign responsibility TMDL Components 4. Provide a monitoring and restoration strategy – Optional except for phased- TMDLs WLAs implemented through NPDES permits LAs implemented through voluntary and incentive based programs Monitoring and restoration information encouraged but not required unless the TMDL is phased

35. 35 www.epa.gov/owow/nps/watershed_handbook/ Questions? Links to additional resources Links to additional resources