(add%20your%20state)%20Department%20of%20%20%20Environmental%20Quality:

1
(add your state)Department of Environmental
Quality
(add logo here)

• The Clean Water Act
• The EPA TMDL Lawsuit
• The TMDL Rule

2
The Clean Water Act

• Originated as the Water Pollution Control Act
  (WPCA) of 1948
• WPCA amendments in 1970 created the EPA
• WPCA Amendments of 1972 became what is commonly
  known as the Clean Water Act (CWA) today

3
So what exactly is the Clean Water Act?
4
Basic CWA Premise

• It is the national goal of water quality which
  provides for the protection and propagation of
  fish, shellfish, and wildlife and provides for
  recreation in and on the water
• It sets fishable, swimmable goals

5
Water Quality Standards

• Authorizes the regulatory requirements governing
  the Water Quality Standards program

6
Important Sections of the Clean Water Act

• 303(d) - requires all states to develop a list of
  their states impaired waterbodies that do not
  meet state regulatory water quality standards.
• States must establish priority rankings for these
  waters and develop TMDLs based on their priority
  rankings.

7
Important Sections of the Clean
Water Act

• 305(b) - provides EPA with

• a description of the water quality of all
  navigable waters in the state
• an assessment of the status of waters of the
  state with regard to their support of
  recreational activities and fish and wildlife
  propagation
• an assessment of the state's water pollution
  control activities toward achieving the CWA
• an estimate of the costs and benefits of
  implementing the CWA
• a description of the nature and extent of
  nonpoint sources of pollution and recommendations
  for programs to address nonpoint source
  pollution.

8
The CWA Its more than just the water quality
standards

• Establishes Grants for Pollution Control Programs
• Establishes Nonpoint Source Management Program
• Establishes National Estuary Program (including
  Barataria-Terrebonne National Estuary Program)
• National Pollutant Discharge Elimination System
  (NPDES) - mainly point source permitting

9
If TMDLs have been a provision of federal law
since 1972, why the sudden focus?

• Concept ahead of technology science
• 1996 TMDL LAWSUIT

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1996 TMDL Lawsuit

• Environmental groups sued the EPA and Regulatory
  Agencies in 38 states claiming TMDLs were not
  being completed in a timely manner
• THE ENVIRONMENTAL GROUPS WON!!!

11
Impacts of 99 Court Order on (your state if it
was affected)
Before Order 1999 Order
Impaired Waters (add numbers here) (add numbers here)
TMDLs Required
Allowed Time
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Continuing Legal Action

• EPA Appealed Judges Ruling
• July 2001 Fifth Circuit Court of Appeals sent
  case back for rehearing
• April 2002 Settlement Reached and Consent
  Decree Signed

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Impacts of 1999 Court Order, Consent Decree, and
Beyond
Before Order 1999 Order 2002 Decree 2004 303(d) list
Impaired Waters (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
TMDLs Required (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
Allowed Time (add your states numbers here) (add your states numbers here) (add your states numbers here) (add your states numbers here)
14
Consent Decree Schedule(start year - completion
year)
Basin Timeline
(add your states basins here) (add timeline for TMDLs here)





15
Other Factors in TMDL ImplementationThe
Federal TMDL Rule

• A Federal Rule is a set of regulations as to how
  a law will be implemented
• The highly criticized TMDL Rule was published
  July 13, 2000

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The Federal TMDL Rule(Continued)

• Some two dozen parties challenged the rule in
  court in August 2000
• Because of the controversy, Congress prohibited
  EPA from putting the rule into effect by denying
  funds for that purpose

17
The Federal TMDL Rule(Continued)

• On December 26, 2002, the EPA announced its
  intention to withdraw the rule because of the
  unworkable nature of the regulations
• Since then, the rule has been revised but never
  published for public review

18
How Will Withdrawal of the TMDL Rule Affect
(your state)?

• (add results of TMDL rule for your state here if
  it will affect it or not)

19
Total Maximum Daily Loads (TMDLs)
Video

• Surface Water Quality Standards Assessment
• TMDLs
• Nonpoint Source Programs

20
Water Quality Standards

• Where did those water quality standards come
  from? The facts of life
• In its basic form, a standard is a use and
  criteria to protect that use.

21
Does (your state) have its own set of Water
Quality Rules?

• Yes- WQS are provisions of (your state) State Law
• Authorized by the (your state) Water Control Law
• Goal is to preserve, protect and enhance
• The natural resources of (your states) aquatic
  ecosystems
• Public health and welfare
• The quality of waters for their designated uses

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What are Louisianas Designated Uses?

• (your state) WQS define 8 uses for surface waters
• Primary Contact Recreation (PCR)
• Secondary Contact Recreation (SCR)
• Fish Wildlife Propagation (FWP)
• Drinking Water Supply (DWS)
• Shellfish Propagation (SFP)
• Agriculture (AGR)
• Outstanding Natural Resource (ONR)
• Limited Aquatic/Wildlife Use (LAW)

23
Does EPA have a Role in (your states) Water
Quality Standards?

• Yes - EPA reviews States water quality standards
• Yes - EPA approves or disapproves States water
  quality standards
• Yes - EPA Administrator may promulgate States
  standards if
• New standards not consistent with applicable
  requirements of the CWA
• A new or revised standard is necessary to meet
  CWA requirements

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Role of WQS in Water Quality Management A Big
Framework

• Set and revise water quality standards in State
  waters
• Determine use attainment with Water Quality
  Inventory, 305(b) report and 303(d) list of
  impaired waters
• Establishes endpoints for Total Maximum Daily
  Loads (TMDLs), Waste Load Allocations (WLAs) and
  Load Allocations (LAs)
• Establish permit limits

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Are Standards Developed for Point Sources?

• Yes Point Sources are required to have National
  Pollution Discharge Elimination System (NPDES)
  permits issued by DEQ
• Permit limits are set based on water quality
  standards or available technology

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Surface Water Quality Monitoring Program
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Surface Water Quality Monitoring Program

• (your state) has had a surface water quality
  monitoring program since the (year)
• (Add your state information regarding sampling)
• EX Prior to 1998, sampled about 185 sites each
  month on 70-80 waterbodies

28
Add your state map with waterbodies
The Problem? (your state) has over ? named
waterbodies
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Surface Water Quality Monitoring Program

• All monitored subsegments in the targeted basins
  are sampled monthly
• The new rotating basin system increased the
  number of sites monitored from (add your state
  numbers here) across the state
• Approximately ? sites are sampled each month
• In addition, ? long-term sites on ? waterbodies
  are sampled monthly, not subject to rotation

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Surface Water Quality Monitoring Program

• The samples are analyzed for 29 different items,
  plus a number of chemicals

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Impairment Status of Water Body Subsegments
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Most Frequently Cited Louisiana (your state)
Impairments

• Pathogens 207
• Sediment related 291
• Low DO 309
• Nutrients 335
• Oil Grease 7
• Mercury 173
• Pesticides 76
• 39 different suspected impairments in total

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Louisiana Impairments (Fecal Coliform/Pathogens)
Add your states impairments and descriptions here

• Term used to describe bacteria found in the
  intestinal tract of warm-blooded animals
• If fecal material is present in excessive
  concentrations, the potential for pathogens, such
  as E. Coli can be present.
• Fecal material also contains nitrogen and
  phosphorous and can result in nutrient
  over-enrichment of water bodies causing algae
  blooms and oxygen depletion

37
Louisiana Impairments (Sedimentation)

• Comes from agricultural sources, construction
  sites and other soil disturbing activities in
  urban settings
• Increases the turbidity of water
• Reduces light penetration, altering the oxygen
  relationships for certain aquatic organisms
• Nutrients such as nitrogen and phosphorous and
  certain pesticides may enter streams with
  sediment
• Harmful effects may include rapid algae growth
  and fish kills from oxygen depletion

38
Louisiana Impairments (Organic Enrichment/Low DO)

• Dissolved oxygen comes from several sources
  including natural sources such as algae
• Dissolved oxygen is also generated from water
  that flows at high velocities over rocks and
  other terrain
• There are also substances such as organic matter,
  dead plant and fecal material which reduce oxygen
  concentrations (also known as oxygen demanding
  substances)
• Water quality criteria establish DO levels of 3-5
  ppm to support the propagation of fish
• Many Louisiana (your state) streams have low flow
  conditions and high water temperatures during the
  summer months

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In Louisiana, many water bodies do not meet
nationally derived water quality standards due to
naturally occurring physical, chemical, and
biological factors. This is especially true for
dissolved oxygen
Middle Fork DArbonne Photo DEQ
(Add an example of a primary cause of impairment
from your state.)
40
Louisiana Impairments (Nutrients)

• Generally refers to nitrogen and phosphorus, but
  would include any element or compound essential
  for the operation of a living system
• Impairment levels for nutrients are not
  established in the Louisiana water regulations
  for Louisiana water bodies
• Louisiana, like most states, has narrative, but
  not numeric, criteria for nutrients (LAC
  33IX.1113.B.8)

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Nutrient Criteria are currently being developed
for regions in Louisiana (not just watersheds)

• Will be water body-type specific
• Lakes and reservoirs
• Rivers and streams
• Estuaries
• Coastal marine waters
• Tidally influenced waters
• Wetlands

42
EPA has published some default national numeric
criteria recommendations for N, P, chlorophyll a,
and turbidity

• EPA and USGS are statistically deriving default
  numeric criteria using data from 14 ecoregions
  across the US
• EPA encourages states to develop their own
  methods (following EPAs guidance or other
  defensible methods) in formulating numeric
  nutrient criteria.

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LDEQs Nutrient Criteria Development Plan for
Louisiana

• LDEQ is committed to using its
  own ecoregional framework to develop
  water body-specific, ecoregional nutrient
  criteria for Louisianas water bodies
• LDEQ is drafting an updated plan to be submitted
  to EPA Region 6 for the end of 2004

44
Louisiana Impairments (Metals)

• Enter the environment through human activity and
  natural occurrences
• Sources include industrial activities, combustion
  of fossil fuels, and atmospheric deposition
  (evaporating into the atmosphere and returning to
  the ground as a result of gravity or rainfall
• Metals of concern include

• Arsenic
• Copper

• Mercury
• Cadmium

• Lead

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Most Prominent Suspected Sources of Impairment

• Unknown sources (largely metals, chlorides, and
  sulfates)
• Natural sources (largely related to low DO,
  chlorides and sulfates)
• Municipal sewage treatment, septic tanks and
  other fecal coliform sources
• Agriculture

46
(Your states) Efforts TowardCompletion of TMDLs
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Louisianas TMDLs are developed by both EPA
Region 6 and LDEQ
More than 140 TMDLs have been developed for
Louisiana Waters to date
Add information about TMDL development and
completion in your state here.
48
How Is the Current Workload Split Between EPA and
LDEQ?

• LDEQ (your state agency name here)
• Oxygen-demand pollutants
• Nutrients
• Metals
• USEPA
• Fecal Coliform (bacteria)
• Turbidity / Suspended Solids
• TDS
• Sulfates
• Mercury (Fish Contamination)

49
TMDLs Completed in the Vermilion Teche Basin

• Bayou Boeuf
• Vermilion River
• Bayou Teche
• Bayou Courtableau
• Bayou Cocodrie

Add listings of completed TMDLs by watershed and
waterbody.
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Vermilion/Teche Basin Vermilion River

• 50 reduction in man-made nonpoint source (both
  summer and winter)
• Reductions in point source loads from
• Cargill Salt
• Bruce Foods
• Dixie Canning
• Riviana Foods
• Seacoast Products

51
Vermilion Teche Basin Bayou Courtableau

• Compliance with current DO criteria of (5.0 ppm)
  will require a 30 reduction of man-made nonpoint
  loading year-round.
• Compliance with the proposed DO criteria of (4.0
  ppm) will require a 15 reduction of man-made
  nonpoint loading year-round (dependant on UAA
  approval)

52
TMDLs Completed in the Mermentau Basin

• Bayou Plaquemine Brule
• Bayou Nezpique
• Bayou Queue de Tortue
• Bayou des Cannes
• Mermentau River

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Mermentau Basin - Bayou Plaquemine Brule

• 50 reduction in man-made nonpoint source loading
  (both summer and winter)
• More stringent effluent limitations for three
  point source dischargers
• Crowley High School (from 30 BOD to 10/5/5)
• Atwood Acres STP (from 20 BOD to 10/5/5)
• Rayne POTW (from 10 BOD to 10/5/5)

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Mermentau Basin - Bayou Nezpique

• 90 reduction of man-made nonpoint source loading
  in winter
• 85 reduction of man-made nonpoint source loading
  in summer
• More stringent permit limitations for towns of
  Oakdale, Pine Prairie, Reddell, Evangeline,
  Oberlin, Elton, Basile, Jennings
• Tertiary treatment (5 BOD/2 NH3/6 DO) for
  Reddell, Oberlin, Elton, Basile, Jennings

55
TMDLs Completed in the Calcasieu Basin

• Houston River
• Bear Head Creek
• Little River
• Barnes Creek
• Bayou Serpent
• Marsh Bayou
• Calcasieu Estuary

• Contraband Bayou
• West Fork Calcasieu River
• Bayou DInde
• Bayou Choupique
• Indian Bayou
• Calcasieu River

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Calcasieu Basin Houston River

• 67 reduction in manmade nonpoint source at DO
  standard of 3.0 ppm (summer)
• 46 reduction in manmade nonpoint source at DO
  standard of 5.0 ppm (winter)

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Calcasieu Basin Bayou Serpent

• 90 reduction in nonpoint source with DO standard
  of 5.0 ppm (summer).
• 50 reduction in nonpoint source with DO standard
  of 5.0 ppm (winter).

58
TMDLs Completed in the Ouachita Basin

• Corney Bayou
• Ouachita River
• Crew Lake
• Big Creek
• Bayou Chauvin
• Bayou Desiard

• Boeuf River
• Castor Creek
• Flat Creek
• Bayou Chauvin
• Bayou DArbonne
• Middle Fork Bayou DArbonne

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Ouachita Basin Boeuf River

• 90 reduction in manmade nonpoint source
  (summer)
• 20 reduction in manmade nonpoint source (winter)

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Ouachita Basin Castor Creek

• 75 reduction of total non-point loading with
  current water quality standard for dissolved
  oxygen of 5.0 ppm (year round).
• 55 reduction of total nonpoint loading with
  proposed DO of 3.0 ppm (year round).

61
TMDLs Completed in the
Barataria Basin

• Bayou Boeuf, Lake Boeuf, Halpin Canal, Theriot
  Canal
• Bayous Verret, Citamon, Chevreuil, and Grand
  Bayou
• Bayou des Allemands
• Bayou Segnette
• Main Canal and others in New Orleans area
• Bayou Lafourche

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Barataria Basin Bayou Boeuf, Lake Boeuf, Halpin
Canal, Theriot Canal

• Requires 100 reduction in man-made nonpoint
  source loading in summer, 92 in winter to meet
  DO criterion of 5 mg/L
• Land use in this subsegment is 73 wetlands and
  20 agricultural lands

63
Barataria Basin Bayous Verret, Chevreuil,
Citamon, and Grand Bayou

• Requires 100 reduction in man-made nonpoint
  source loading in summer, 98 in winter to meet
  DO criterion of 5 mg/L
• Land use in this subsegment is 55 wetlands and
  37 agricultural lands

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Barataria Basin Bayou des Allemands

• Requires 86 reduction in man-made nonpoint
  source loading in summer, 0 in winter to meet DO
  criterion of 5 mg/L
• Land use in this subsegment is 74 wetlands and
  11 agricultural lands

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Barataria Basin Bayou Segnette

• Requires 100 reduction in man-made nonpoint
  source loading in summer, 71 in winter to meet
  DO criterion of 5 mg/L
• Land use in this subsegment is 79 wetlands and
  2 agricultural lands

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Barataria Basin Main Canal and Other Canals

• Requires 100 reduction in man-made nonpoint
  source loading in summer and winter to meet DO
  criterion of 5 mg/L
• Land use in this subsegment is 59 wetlands, 19
  urban, and 16 agricultural lands

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Barataria Basin Bayou Lafourche

• Draft TMDL developed by EPA resulted in TMDL 0
• Requires 100 reduction in man-made point and
  nonpoint source loading to meet DO criterion of 5
  mg/L
• Presents issue for coastal restoration diversion
  project

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Removing a designated use or lowering the
criteria requires a Use Attainability Analysis
(UAA)
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What Is a UAA?

• Scientific assessment of the chemical, physical,
  biological, and economic factors affecting the
  attainment of designated uses in a water body

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Biological Factors for UAAs

• Fish and macroinvertebrates (aquatic insects,
  snails, etc) are collected from streams
• Samples are sorted and counted to determine
  number of different species and population size
• Results are compared to reference or Ecoregion
  streams to determine support of UAA needs

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UAAs Approved by EPA

• Beaucoup Creek
• (2.5 mg/L July-Sept)
• Middle Fork Bayou DArbonne
• (3 mg/L)
• Bayou Cocodrie
• (3.5 mg/L April-Oct)
• Cocodrie Lake
• (3.5 mg/L April-Oct)
• New Iberia Southern Drainage Canal System-Man
  Made Water body (2 mg/L May-Oct 3 mg/L
  Nov-April)

Insert any UAAs that have been approved here.
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Effect of TMDLs on Existing Sources

• Dischargers will have to upgrade their WWTPs to
  advanced secondary or tertiary treatment.
• New sources may not be allowed to discharge or
  may be forced to locate in other watersheds.
• Nonpoint source loadings must be reduced 30 -
  90 to meet D.O. criterion.

73
(Your states)Nonpoint Source Program
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NPS Management Strategy

• A balanced approach to management combining
  statewide education and watershed implementation
• An interagency committee of federal, state and
  local entities working collectively to solve
  (your states) nonpoint source pollution
• Annual Reporting on progress made in
  implementation and water quality improvement

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Goal of Programs

• Increase the Level of BMP Implementation within
  the Watershed
• Measure the Effectiveness of BMPs in Reducing
  Pollutant Loads at the Field Level and the
  Sub-Watershed Level
• Monitor Water Quality on the 4-year Rotating
  Basin Cycle in order to Determine if Water
  Quality is Improving

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Example of Statewide Education Program

• Master Farmer

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Connections between Water Quality Data, Reports,
Permits, and Water Quality Improvement
Water Quality Network Ambient Data
No impairment- water body not placed on 303(d)
list
5
4
Yes
305(b) Water Quality Assessments
3
1
Uses Supported?
Water Quality Uses and Criteria (Standards)
2
8
No
4
6
5
Uses impaired- water body placed on 303(d) list
Modeling Group Develops TMDLs
TMDL Implementation through permits and NPS BMPs
7
6
Additional data is collected for use in the model
78
Connections?
79
Thank You