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May 8, 1998

Key Issues Discussed at Final TMDL FACA Meeting

At the last of six meetings of EPA's TMDL Advisory Committee held this week in Atlanta, Ga., unresolved issues from the Committee's April 24 draft final report were discussed. These issues included:

  1. TMDL allocation considerations;
  2. whether TMDLs must be developed for impacts from "flow" or temperature and the debate on the use of the terms "pollutant" versus "pollution" for these impacts;
  3. the definition of legacy problems;
  4. deadlines for water quality attainment; and
  5. source constraints during TMDL development.

Language for TMDL allocations was developed encouraging states to determine a proportionate allocation of pollution control responsibilities that considers several factors, including technical and programmatic feasibility, cost-effectiveness, relative source contributions, and the degree of certainty of implementation, past experience with similar approaches, and enforceability of point and nonpoint source controls. Municipal and industry groups, including AMSA, however, oppose references to enforceability in the allocation process and will be filing a minority report on the issue, to be included with the final Committee report.

The Committee discussed whether the Clean Water Act requires TMDLs for all waterbodies impaired by "pollution," or only for those waterbodies impaired by "pollutants." Several Committee members expressed concern that the draft report uses the terms interchangeably, and that there are significant implications if impairments due to flow or habitat-related issues (pollution) are included in the TMDL development process.
No consensus on this issue or alternative language was reached.

Most Committee members supported the draft report's recommendation that a longer time frame for water quality standards attainment be given for waters for which legacy problems are a major source of impairment, and that reasonable reductions be required of existing sources in light of the relative contribution of legacy sources. While options were discussed on the definition of legacy sources, consensus was not reached.

Some Committee members were concerned with the report's lack of a specific recommended time frame for water quality standards attainment once a TMDL has been developed. A 7-10 year time frame was suggested, but states and both point and nonpoint source groups were uncomfortable with specific deadlines due to the iterative nature of TMDLs. The final report will include a discussion of opposing views on whether states should be required to include deadlines for attainment in their TMDLs.

The April 24 report also revised previous drafts that called for EPA and states to implement the current regulatory prohibition on new and expanded discharges for impaired waters while a TMDL was being developed. The report recognizes that the prohibition only applies to new dischargers and modified the language. The Committee also recommends, however, that exceptions to these restrictions be offered where state/stakeholder-developed stabilization plans result in net progress toward attaining standards.

Other key recommendations in the report include:

  1. EPA regulations should provide that all TMDLs must be completed expeditiously, but not later than 8-15 years after listing;
  2. in developing TMDLs, states and EPA must use the highest degree of quantitative analytical rigor available. A reasonable minimum amount of reliable data is always needed; and
  3. TMDLs may include surrogate measures and measures other than daily loads where daily loads are not feasible to guide implementation and/or demonstrate water quality standards attainment.
A copy of the April 24 can be obtained at http://www.epa.gov/owow/tri. AMSA's National Office also has a limited number of copies; contact Mark Hoeke at 202/833-9106.


Ø Members not attending the May Policy Forum and 28th Annual Meeting should complete the attached proxy for important votes to be held on new Board members and revised AMSA Position Statements. Please see Member Update 98-10 for a complete set of membership meeting materials.