Restoring Impaired Waters

Why am I hearing about TMDLs for the first time?

Until the late 1990s, the TMDL provision of the CWA went largely unused as most states concentrated their efforts on reducing pollution from large municipal and industrial sources.

Because the focus on these sources has proved insufficient for securing healthy waters in many watersheds, several environmental groups across the country have taken legal action to force the EPA and states into commitments for completing TMDLs.

How do I put TMDLs into action?

To find out, just follow the steps:

1. Identify all impaired and threatened waters
2. Prioritize waterbody for clean-up plan
3. Determine the amount of the pollutant that the river or lake can safely absorb
4. Identify all contributing sources
5. Divide up the allowable pollutant "load" among all point and nonpoint sources
6. Take into account background sources, seasonal variations, future growth and a margin of safety to account for uncertainty
7. Develop an implementation plan
8. Send draft out for public comment and/or public hearing.
9. Monitor progress toward goal
10. Revise as necessary

How are priorities for TMDL development set?

States base priorities for developing TMDLs
on several factors, including severity of the pollution and uses of the waters.

The EPA's guidance document lists the following criteria for setting priorities:

• level of risk to human health and aquatic life;
• degree of public interest and support;
• aquatic habitat's vulnerability to pollution; and
• importance of recreational, aesthetic, or economic uses.

Can I influence state priorities for developing TMDLs?

Possibly. EPA suggests criteria for states to use when setting priorities for developing TMDLs. Many states organize their 303(d) lists by watershed, and set priorities among them on the basis of the types and severity of impairment. However, some states base priorities on factors unrelated to the severity of the pollution or the uses to be made of the waters.

For example, a state might give a higher priority to watersheds where it has more data, where it is under pressure to reauthorize discharge permits (or approve new permits), or where it is most convenient.

If you feel that the criteria your state is using to set priorities are incomplete or simply wrong, propose some additional ones for your state agency to consider. You may wish to inform the EPA, elected officials, public interest groups, and the media about your suggestions as well.

What happens after the TMDL is developed?

After a TMDL is developed, implementation must begin. Critical first steps include reducing permitted discharges and securing better control of other sources of pollution through whatever means available. These usually include a combination of education and voluntary measures (best management practices), financial assistance or cost sharing programs, and regulations.

Some agencies have begun to require monitoring to see if TMDL implementation has been successful.

If monitoring continues to show water quality problems after implementation, the agency must go back and fine-tune its TMDL. In addition, current EPA policy allows states to remove waters from the 303(d) list once the TMDL is developed. There is much debate about whether this is appropriate, or whether waters should be removed only when water quality standards have been met.

How can I get involved in the TMDL process?

The Clean Water Act requires public involvement in developing TMDLs. The level of citizen involvement in the TMDL process varies by state.

Theoretically, you can provide comments on every aspect of the process. However, as a practical matter, the earlier and more substantively you are involved, and the more public interest you generate, the better your chances of making a difference will be.

Be sure that you are on the public notice mailing lists for the water bodies about which you care most.

You do not need to wait for the public notice to make your interest in the TMDL process clear to the agency. New information can improve the quality of the TMDLs that are developed and ultimately speed cleanup of impaired waters. In many states, you can take the initiative to contribute to TMDL development.

				Next: Nonpoint Source Pollution Control