ACWA
Briefing Sheet:
Proposed TMDL Regulations
Why
is USEPA Proposing to Revise the TMDL (Total Maximum Daily Load)
Process?
- To "clarify
and strengthen" and provide "consistent, and balanced
direction" for this part of the Clean Water Act (read:
respond to lawsuits)
- EPA: "TMDLs
are fundamental tools for identifying remaining sources of water
pollution and achieving water quality goals"
- Comments
due January 20, 2000
- EPA to
adopt final rules sometime in mid-2000
Three
Components of This Rulemaking
- TMDL process
regulations (303(d) listing, TMDL adoption, implementation,
etc.)
- National
Pollution Discharge Elimination System Permit (NPDES) regulations
- Guidance/"how
to" manual
How
Will This Affect Member Agencies?
- Irrigation
Districts: TMDL implementation is likely to mean more regulatory
controls over pollutants associated with agricultural drainage
discharges and changes to practices that contribute other nonpoint
source pollutants
- Publicly
Owned Treatment Works (POTWs): new (and potentially more stringent)
waste discharge requirements via NPDES changes
- Drinking
Water Agencies: TMDL implementation could result in possible
improvements in surface water quality and source water protection
leading to potentially lower treatment costs
- Regional
Water Quality Control Boards are responsible for TMDLs, but
member agencies should expect to:
-participate on technical advisory committees
-collect and provide monitoring data
-help implement TMDLs
What
is Proposed in the TMDL Process Rule?
- Redefining
key terms (including the definition of TMDL)
- Specific
listing methodology subject to public and EPA review and a new
4-part "comprehensive" format for state 303(d) lists
of water quality limited waterbodies
- Binding
schedules for TMDL preparation and a 15-year timeframe
- High priority
TMDLs to be done first
- High priority
to include public drinking water supplies with violations of
maximum contaminant levels and/or threat for ESA species
- Standardizing
10 required elements for TMDLs
- Implementation
plan subject to EPA approval (including "reasonable assurances")
- Although
defined as "daily" load in CWA, TMDL can be daily,
monthly, seasonal or annual averages
- Public
and wildlife agency review requirements
- Appeal
procedures
What
About the NPDES Changes?
- Offset
of loads for listed pollutants required for new discharges (1.5:1
proposed)
- Applies
also to significant expansions (20% or more above loading)
- EPA authority
to reissue expired/administratively-continued NPDES permits
ACWA
TMDL Work Group
- Producing
general ACWA comment letter on
the proposed TMDL process rule
- Producing
working paper and providing support for member agencies to prepare
individual comment letters on the TMDL rule, the NPDES rule,
and the Guidance
What
Should You Do?
- Review
the Overview prepared by ACWA
- Download
the proposed rules and review them
- Consider
ACWA TMDL Work Group comment letter and working papers (to be
posted to the ACWA web site)
- Consider
positions of other industry/interest groups
- Prepare
and submit to EPA your agency comment letter(s) by January 20,
2000
For
more information contact:
- Melissa
Thorme, Chair, ACWA TMDL Work Group at (916) 553-4533 or
Dave Bolland in ACWA's Regulatory Department at (916) 441-4545.
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