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(add your state) Department of Environmental Quality: The Clean Water Act The EPA TMDL Lawsuit The TMDL Rule (add logo here)

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Presentation on theme: "(add your state) Department of Environmental Quality: The Clean Water Act The EPA TMDL Lawsuit The TMDL Rule (add logo here)"— Presentation transcript:

1 (add your state) Department of Environmental Quality: The Clean Water Act The EPA TMDL Lawsuit The TMDL Rule (add logo here)

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 state’s 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:  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.  305(b) - provides EPA with:

8 The CWA – It’s 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 TMDL’s have been a provision of federal law since 1972, why the sudden focus?  Concept ahead of technology & science  1996 TMDL LAWSUIT

10 1996 TMDL Lawsuit  Environmental groups sued the EPA and Regulatory Agencies in 38 states claiming TMDL’s 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) BeforeOrder1999Order ImpairedWaters (add numbers here) TMDL’sRequired AllowedTime

12 Continuing Legal Action  EPA Appealed Judge’s Ruling  July 2001 – Fifth Circuit Court of Appeals sent case back for rehearing  April 2002 – Settlement Reached and Consent Decree Signed

13 Impacts of 1999 Court Order, Consent Decree, and Beyond BeforeOrder1999Order2002Decree 2004 303(d) list ImpairedWaters (add your state’s numbers here) TMDL’sRequired AllowedTime

14 Consent Decree Schedule (start year - completion year) BasinTimeline (add your state’s basins here) (add timeline for TMDLs here)

15 Other Factors in TMDL Implementation: The 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

16 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) Surface Water Quality Standards Assessment TMDLs Nonpoint Source Programs Video

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 it’s 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 state’s) aquatic ecosystems –Public health and welfare –The quality of waters for their designated uses

22 What are Louisiana’s 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 state’s) Water Quality Standards? – Yes - EPA reviews State’s water quality standards – Yes - EPA approves or disapproves State’s water quality standards – Yes - EPA Administrator may promulgate State’s standards if:  New standards not consistent with applicable requirements of the CWA  A new or revised standard is necessary to meet CWA requirements

24 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

25 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

26 Surface Water Quality Monitoring Program

27  (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 The Problem? (your state) has over ? named waterbodies Add your state map with waterbodies

29 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

30 Surface Water Quality Monitoring Program  The samples are analyzed for 29 different items, plus a number of chemicals

31 Impairment Status of Water Body Subsegments




35  Pathogens : 207  Sediment related : 291  Low DO : 309  Nutrients : 335  Oil & Grease : 7  Mercury : 173  Pesticides : 76  39 different suspected impairments in total Most Frequently Cited Louisiana (your state) Impairments :

36 Louisiana Impairments (Fecal Coliform/Pathogens):  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 Add your state’s impairments and descriptions here

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

39 Middle Fork D’Arbonne Photo: DEQ 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… (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 33:IX.1113.B.8)

41 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 EPA’s guidance or other defensible methods) in formulating numeric nutrient criteria.

43 LDEQ’s Nutrient Criteria Development Plan for Louisiana  LDEQ is committed to using its own ecoregional framework to develop water body-specific, ecoregional nutrient criteria for Louisiana’s 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

45 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 state’s) Efforts Toward Completion of TMDLs

47 Louisiana’s 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 TMDL’s 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.

50 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 TMDL’s Completed in the Mermentau Basin  Bayou Plaquemine Brule  Bayou Nezpique  Bayou Queue de Tortue  Bayou des Cannes  Mermentau River

53 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)

54 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 TMDL’s 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 D’Inde  Bayou Choupique  Indian Bayou  Calcasieu River

56 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)

57 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 TMDL’s Completed in the Ouachita Basin  Boeuf River  Castor Creek  Flat Creek  Bayou Chauvin  Bayou D’Arbonne  Middle Fork Bayou D’Arbonne  Corney Bayou  Ouachita River  Crew Lake  Big Creek  Bayou Chauvin  Bayou Desiard

59 Ouachita Basin – Boeuf River  90% reduction in manmade nonpoint source (summer)  20% reduction in manmade nonpoint source (winter)

60 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 TMDL’s 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

62 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

64 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

65 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

66 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

67 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

68 Removing a designated use or “lowering” the criteria requires a Use Attainability Analysis (UAA)

69 What Is a UAA?  Scientific assessment of the chemical, physical, biological, and economic factors affecting the attainment of designated uses in a water body

70 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

71 UAAs Approved by EPA  Beaucoup Creek (2.5 mg/L July-Sept) (2.5 mg/L July-Sept)  Middle Fork Bayou D’Arbonne (3 mg/L) (3 mg/L)  Bayou Cocodrie (3.5 mg/L April-Oct) (3.5 mg/L April-Oct)  Cocodrie Lake (3.5 mg/L April-Oct) (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.

72 Effect of TMDL’s 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 state’s) Nonpoint Source Program

74 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 state’s) nonpoint source pollution  Annual Reporting on progress made in implementation and water quality improvement

75 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

76 Example of Statewide Education Program: Master Farmer

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

78 Connections? Assessment TMDLs Monitoring Data Implementation Improved Water Quality?

79 Thank You

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