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.

Identifying Impaired Waters

305(b) and 303(d) WATER QUALITY

REPORTS

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

• Fecal Coliform

• 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

1165

455

132

362

36 7 9

0

200

400

600

800

1000

1200

1400

FE

CA

L

BE

NT

HIC

VD

H

CO

MB

DO

TO

XIC pH

1998 Impairment Causes in MilesTotal Impaired Miles = 2166

RiverMiles

1534

104

528

0

400

800

1200

1600

ALL NPS POINT/CSO UNKNOWN

1998 Impairment Sources Nonpoint Source, Point Source, and

Unknown

ALL NPS

POINT/CSO

UNKNOWN

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)

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.

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

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!

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

Standards Technical Issues:

Issues Related to 305/303/TMDL/ Permit Concerns:

Bacterial IndicatorsWildlife Background Bacteria Recreational UsesDissolved OxygenShellfish 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

Control Meas.Mgmt. Strat.

Water Quality Monitoring

Assessments (Point, NPS)

TMDLs

Watershed Plans303(e), etc.

WaterWater QualityQuality StandardsStandards

303(d)Waters

EPA

305 (b) Report (Point, NPS)

Public Participation

Public Participation

Public Participation

EPA

EPA

CONTINUING PLANNING PROCESS