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Action Please By: March 18, 1998
To:Members & Affiliates
From: National Office
Date: March 5, 1998
Reference: RA 98-4

TMDL FACA Committee Report - Public Review Draft

Attached is the a copy of the EPA Total Maximum Daily Load (TMDL) Advisory Committee first draft report, dated March 2, 1998. The draft Committee report is a result of 15 months of Committee deliberation on key policy issues related to the TMDL program. At this time, the Committee is requesting comment from the public on key issues contained within the report. AMSA is planning to participate in this comment period, however, will also be directing its comments through Cheryl Creson, AMSA's representative on the Committee. The Committee plans to finalize their recommendations in May 1998. EPA will use these recommendations to assist in its development of proposed revisions to its TMDL program regulations and accompanying guidance in November 1998.

If you would like to comment on the key issues contained within this report, please fax or e-mail them to AMSA's National Office c/o Mark Hoeke (202/833-9106 or mark@amsa-cleanwater.org) no later than March 18, 1998. Public comments are due back to EPA on March 20.

Some of the major recommendations in the draft report which may concern AMSA members include:

  • "Implications of Being Listed - Until a TMDL is completed, States are required to implement the current prohibition in the NPDES regulations against new or additional point source discharges that would contribute to the impairment; however, State/stakeholder-developed stabilization plans may serve as an alternative if net progress toward attaining standards would result." (Page ii - Executive Summary - see also Page 18, recommendation #1)
  • "Allocations - EPA should encourage States to allocate pollution reduction responsibilities equitably within a watershed framework. States may consider such factors as cost-effectiveness, enforceability, technical and programmatic feasibility, and relative source contributions." (Page iii - Executive Summary - see also Page 43, recommendation #1)
  • "Identifying Impaired Waters: List Comprehensiveness - The possibility of future standards revisions not delay TMDL development. EPA should encourage States to quickly review and strengthen or modify (e.g., by developing additional criteria or natural conditions clause) water quality standards suspected of being deficient or inappropriate. If, however, States modify existing standards, they should not wait until the next listing cycle to deteremine whether the water does not meet the newly adopted standard." (Page 16)
  • "Threatened Waters: The Committee was not able to agree on whether threatened waters should be listed under §303(d)(1) or under §303(d)(3). Under §303(d)(1), State lists and TMDLs would be submitted to EPA for approval, and, upon disapproval, could be promulgated by EPA. Under §303(d)(3), States would prepare informational TMDLs, but no federal review would be required." (Page 23)
  • "TMDL Development: Modeling issues/data needs/uncertainty: EPA particularly support the development and/or appropriate application of models to assist in TMDL development for waters where wet weather flow conditions are likely to influence the cause and nature of impairments, and potential solutions to the impairment." (Page 36)
  • "TMDL Development: Criteria for Approval: Whenever necessary, EPA and the States use 'best professional judgement' in developing TMDLs, although some minimum amount of data and information should be required...." (Page 41)
  • "TMDL Development: Criteria for Approval: In some instances, EPA and the States use surrogate measures in TMDL development. Surrogate measures may include numeric environmental indicators other than numeric criteria for targets and quantified measures other than daily pollution loads for allocations."
  • "TMDL Development: The Implementation Plan: (see discussion of "Reasonable Assurances", page 48).
  • "Impairments due to Legacy Problems: Reasonable reductions be required of existing sources in light of the relative contribution of legacy sources. During the time a TMDL is being developed for water impaired by a legacy source, States may need to make permitting decisions for existing point sources of the pollutant whose contributions of the problem pollutant may be minor in relation to the legacy source. In deciding on control actions for existing point sources during that time, States should apply a principle of requiring reasonable reductions, but should not impose extensive burdens on these sources where the reductions accomplished will not significantly contribute to attainment of the water quality standard." (Pages 54-55)
  • "Impairments due to Atmospheric Deposition: (see discussion on Pages 55-57)
  • "Impairment due to Flow Modification: (see discussion on Pages 58-59)

ATTACHMENTS: TMDL FACA Committee Report - Public Review Draft (Please contact AMSA's National Office at 202/833-AMSA for a copy of this report).