1. Impaired and TMDL Waterbody Listings Impacts on DoD Facilities Bill Melville, Regional TMDL Coordinator melville.william@epa.gov

2. Objectives Watershed Protection and Restoration DoD Facilities Potentially Impacting Impaired Waters Pollutant Sources Which Could be Addressed by a TMDL Permitted Discharges Causing or Contributing to a Water Quality Standards Violation Take Home Messages

3. Watershed Protection and Restoration Goal of the Clean Water Act- to restore and maintain the physical chemical, and biological integrity of the nation’s waters. Section 303(d) Impaired waterbody list identifies those waters with significant violations of water quality standards. Total Maximum Daily Load analyses document the allowable pollutant load under critical flow conditions and estimate the pollutant load reduction necessary to achieve water quality standards.

4. Identify Impaired Waterbodies Develop TMDLs Monitoring Network Implementation Plans Demonstrations Water Quality Targets Watershed Management Strategy Adaptive Implementation Concept

5. DoD Facilities Corps of Engineers Reservoirs 28 lakes and reservoirs Several interstate waterbodies Nutrients, PCBs, DO Military Installations 36 facilities Pathogens, sediment, DO, nutrients, mercury, metals

7. Five States Have Court Ordered Schedules: Georgia- Completed TMDL schedule requirements. 1560 TMDLs completed. Contact- Elizabeth_booth@dnr.state.ga.usElizabeth_booth@dnr.state.ga.us Alabama- Anticipate TMDL schedule completion in 2008. 225 TMDLs completed. Contact- Daphne Smart dsmart@adem.state.al.us State TMDL Program Status

8. Tennessee- On track to complete TMDL schedule requirements before 2011 deadline. 698 TMDLs completed. Contact – sherry.wang@state.tn.ussherry.wang@state.tn.us Mississippi- On track to complete TMDL schedule by 2011. 828 TMDLs completed. Contact – Greg_Jackson@deq.state.ms.usGreg_Jackson@deq.state.ms.us

9. State TMDL Program Status Florida- On track to complete TMDL schedule by 2012. EPA has produced most of the 505 TMDLs. Contacts: eason.jennifer@epa.goveason.jennifer@epa.gov jan.mandrup-poulsen@dep.state.fl.us Kentucky- Working with State program to enhance production. 61 TMDLs completed. Contact- Andrea.Fredenburg@ky.govAndrea.Fredenburg@ky.gov

10. State TMDL Program Status North Carolina- Working with State program to enhance TMDL production. 117 TMDLs completed. Contact: alan.clark@ncmail.netalan.clark@ncmail.net South Carolina- Early focus on pathogen TMDLs, now addressing other pollutants. 317 TMDLs completed. Contact- (Matt Carswell) CARSWEME@dhec.sc.gov

12. Potential Sources Addressed by TMDLs Total Maximum Daily Load Equation TMDL = WLA + LA +MOS TMDL- Allowable pollutant load under critical conditions WLA – Waste Load Allocation sources covered by Clean Water Act NPDES regulations (Point sources, MS4 stormwater, general stormwater permits) LA- Load Allocation sources include unregulated nonpoint sources, loads from RCRA, CERCLA, air deposition impacting the surface waterbody.

13. Lake Weiss Alabama and Coosa River Georgia PCB TMDLs Coosa River predominant source of PCBs in Lake Weiss. Both TMDLs designed to meet fish consumption advisory criteria. Predominant source of PCBs from a RCRA permitted facility in Georgia. TMDL required more stringent PCB removal. High Volume Sampler enabled direct measure of PCB instream concentrations and documented effluent and ground water contributions. RCRA permit revised to reflect TMDL target.

14. Impaired Water Listing and TMDL Impacts on NPDES Discharges All NPDES dischargers must ensure that they do not cause or contribute to a water quality standards violation. 40 CFR 122.44(d) Existing wasteload allocations may be reliant on inappropriate water quality model assumptions. Stormwater permits, MS4s, and general permits presume appropriate best management practices will protect the receiving waterbody. 40 CFR 122.26(k) Permits lack robust monitoring requirements to document that they are not causing or contributing to a water quality standards violation.

15. Facility Discharging Pollutant(s) of Concern to an Impaired Waterbody PRE - TMDL Facilities allowed to continue discharging under current NPDES permit conditions. States typically administratively continue permits. No net addition of pollutant(s) of concern is allowed from new or expanded NPDES facilities. An increase in discharge volume with treatment upgrades have been approved. A new discharge that can demonstrate that it does not cause or contribute to the degradation of the waterbody.

16. Facility Discharging Pollutant(s) of Concern to an Impaired Waterbody Post TMDL for Point NPDES Facilities  The Wasteload Allocation (WLA) is defined. State regulations vary on when NPDES permit is reopened to conform to the TMDL.  New NPDES permit limits and a compliance schedule typical result.  If the WLA requires stringent load reductions which are technically or economically unachievable, facility can apply for a variance.  TMDL analysis may identify a need for a site-specific water quality standard revision.

17. Facility Discharging Pollutant(s) of Concern to an Impaired Waterbody Post TMDL Stormwater NPDES Permit TMDLs typically express stormwater wasteload allocations as a percent reduction from estimated baseline conditions and “daily load” values. Status-quo is a no go. The existing MS4 permits, by analysis are not sufficient to achieve the water quality standards. Enhanced best management practices and revised stormwater implementation plans should be incorporated into the permit requirements. EPA will be working with States to ensure TMDL requirements are more clearly addressed in stormwater permits.

18. Future Considerations Impaired Waterbody Lists updated every two years New pollutants of concern can be identified Change in water quality standards changes impairment status TMDLs are “living” documents TMDL load allocations can change based upon: new analyses, data; change to water quality standards. TMDLs typically allocate 100 percent of allowable load. Additional load has to come from other existing sources.

19. Take Home Messages Impaired Waterbody Lists are dynamic. TMDL allocations can be revised. TMDLs can impact facility RCRA permits and CERCLA records of decision. There are NPDES permit regulations that apply to impaired waterbodies in the absence of a TMDL. Stormwater permits need to address TMDL WLA. A facility wasteload allocation under a TMDL may be difficult to change to accommodate future growth.

20. Questions? Fire Away