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Friday April 4, 1997
Draft Agency TMDL Policy Targets Nonpoint Sources
AMSA this week received a copy of draft U.S. Environmental Protection Agency (EPA) policy that would establish the "pace and implementation" of total maximum daily loads (TMDLs), and targets nonpoint source pollution for control under implementation of TMDLs. A March 24 memorandum accompanying the draft stresses that the proposed policy "will not preclude" the work being conducted by the agency's TMDL stakeholder advisory committee, and that the draft "may be modified based on" recommendations developed by the group. AMSA is a participant on the advisory committee and is represented by Cheryl Creson, district manager of the Sacramento Regional County Sanitation District, Calif.
The draft policy lays out an eight to 13 year time frame for the completion of TMDLs in each state, with each EPA region charged with securing a specific written agreement with each of its states "establishing an expeditious schedule for the completion of TMDLs." Noting that state listings of all impaired waters as required by Section 303(d) of the Clean Water Act have been completed, EPA headquarters is requesting draft schedules from the regions by Oct. 1, 1997, with final schedules due April 1, 1998. Calling the establishment of a TMDL the beginning of the process -- "A TMDL improves water quality when the pollutant allocations are implemented, not when TMDLs are approved" -- the draft policy urges rapid implementation of pollutant allocations through the national discharge permitting program, state nonpoint source management programs, state and local water quality requirements, grassroots watershed improvement efforts, and programs conducted by other federal agencies.
Much of the draft policy addresses implementation of pollutant allocations for nonpoint source dominated water quality impairments, because previous agency guidance failed to address the TMDL process regarding water quality impairments resulting entirely or predominantly from nonpoint sources. The draft points to state Section 319 nonpoint source management programs as the primary implementation mechanism. The draft policy adds that the implementation measures contained in State water quality management plans required by 40 CFR Part 130.6 must "provide a reasonable assurance that the load allocations for nonpoint sources identified in the TMDLs will be achieved."
The draft also lists a number of steps that can be taken to ensure state implementation of necessary nonpoint source controls. These steps include:
require the incorporation of additional implementation measures in water quality management plans;
initiate source-by-source reviews and objections where necessary of discharge permits in the watershed and in upstream and downstream watersheds;
launch a permitting and enforcement initiative for unpermitted small point sources that are often managed as nonpoint sources;
reduce or deny grant dollars; and,
deny or revoke enhanced benefits status under new Section 319 nonpoint source guidance.
Reminder: Persons planning to attend AMSA's National Environmental Policy Forum & 27th Annual Meeting are advised that the deadline for receiving the Association's group rate at the ANA Hotel is next Friday, April 11.