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SWM-PS 991006TMDL Program Page 1 of 1 19** UnHed Stater, Vii% EnvIto iliPtoWton Alawy lftrlershed C "'ce of Water PPW "PrOvokin * *EPA will be extending the comment period on the proposed TMDL Rules and Guidance by 60 days to Dec. 22, 1999. ** Click on your state for info on your state TMDL Program OWOW Front Page I Watershed Approach Front Page EPA Home I Search I Browse I What's New I Comments ] http: / /www.epa.gov /OWOW /tmdl/ This page last updated September 30, 1999 http: / /www.epa.gov /owow /tmdl/ 10/6/99 TMDL Program All► United Stites %Ace of WVV 0-ter #k i. Texas TMDL Program Click on your watershed for more detailed information on section 303(d) waters (list of watershed names in your state) Map of 1998 State 303d) Impaired/Threatened Waters 1998 State 303(d) TMDL Priorities 1998 State 303(d) fact sheet Table Listing 1998 Impaired Waters in the State Percent of Impaired Waters - 1998 Region 6 (1998 National Map and Fact Sheet) State of Texas Government Information Page 1 of 2 Texas Natural Resource Conservation Commission These maps and data are EPA's best representation of information submitted by the states. For more precise information, please contact Todd Dabolt at http: / /www.epa.gov /owow /tmdl /states /tx.html 10/6/99 TMDL Program (202) 260 -3697 or email OWOW - Comments. Back to TMDL Homepaae OWOW Front Page I Watershed Approach Front Page LA Home I Search I Browse I What's New I Comments ] http://www.epa.gov/OWOW/tmdl/states/tx.html This page last updated July 28, 1999 http://www.epa.gov/owow/tmdl/states,/tx.html Page 2 of 2 10/6/99 303(d) Listed Waters -- East Fork Trinity -- 12030106 Ln �G LU a Page 1 of 1 303(d) I Watershed Information: 12030106 located in the states) of TX LU .East Fork Trinity There is not a 303(d) image for this HUC. Legend CWA Section 303 8-digit USGS (d) J`'t�f RF3 Hydrography � CU Impaired Waters City Highway /Primary /"\,/ "\, Road F--] Listing �; Parameter of Priority for Is the Waterbody Targeted for Potential state ID Waterbody Concern TMDL development LOW IT=M � TMDL development before the year April, 2000? No No sources of Impairment NONPOINT SOURCE, POINT SOURCE, N NP INT SOURCE, TX TX- 0819- 1998 21- 1998 EAST FORK TRINITY RIVER LAVON PATH GENS L � ATRAZINE J� 7--LAKE View or add additional State /Tribal information about this watershed. These maps and data are EPA's best representation of information submitted by the states. For more precise information, please contact Todd Dabolt at (202) 260 -3697 or email OWOW- EPA HOME I CONTACTS I DISCLAIMER I ABOUT I HELP I COMMENTS TEXT VERSION I SURF HOME Last Revised: // URL: http://www.epa.gov/surf2/303d/12030106-305b.tml http:// www. epa. gov /iwi /303d/12030106_303d.html 10/6/99 TMDL Program http://www.epa-gov/owow/tmdl/cleanfsl.html Unim states VY EnvitonmMM Ptat®ctlan PawY Watershed . MOM %-,Offfjce of Water United States Office of Water EPA841- F- 99 -003A Environmental Protection (4503F) August 1999 Agency Cleaner Waters Across America: Identifying and Restoring Our Polluted Waters Cleaner Waters Across America: Improving the TMbL Program EPA is taking steps to achieve Cleaner Waters Across America by revising the Total Maximum Daily Load - or TMDL -- program. Established by section 303(d) of the Clean Water Act, the primary mission of the TMDL program is to protect public health and ensure healthy watersheds. The program identifies polluted waters, determines how much pollutants must be reduced to meet water quality standards, and ensures that on- the - ground actions occur to reduce the pollutants. Identifying Polluted Waters Over 20,000 waterbodies across America have been identified by states, territories, and authorized tribes as polluted. These polluted waters include o What is a TMOL? A TMDL or Total Maximum Daily Load is a framework for restoring polluted waters. It is developed in 2 steps: . a calculation of the maximum amount of a pollutant that a waterbody can take in and still meet water quality standards, and a distribution of that amount to the pollutant's sources. Using this framework, states develop tailored restoration plans for each individual polluted waterbody identified by the state. 5 million lake acres. Direct pollution discharges are the sole cause in only about 10 percent of polluted waters. The remainder are polluted by runoff from agricultural lands, city streets, suburban lawns, or by a combination of sources. The overwhelming majority of people in the U.S. live within 10 miles of one of these polluted water. What this tells us is that, despite significant progress, much work remains to be done in cleaning up our Nation's waters. A New Clean -up Framework EPA is proposing to establish a new framework for identifying and cleaning up our Nation's polluted rivers, lakes, and estuaries. Locally - developed, comprehensive clean-up plans will be tailored to each individual waterbody or 1 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tmdl/cleanfsl.html group of waterbodies in a shared watershed. Through this new framework, we will have over thousands more river and shore miles of healthy aquatic ecosystems, and millions more lake acres for safer swimming and fishing. Bringing all partners to the table: In creating these new watershed -based clean -up plans, all pollution sources will participate in the restoration effort - from factories to farms, sewer systems to city streets. Pollution reduction will be shared among point and nonpoint sources alike, taking a truly comprehensive, watershed -based and locally -driven approach to cleaning up our Nation's waters. Implementing on - -the- ground solutions: The regulations being proposed require detailed implementation plans. They also clarify the authority of the states and EPA to regulate sources of polluted runoff where necessary to restore clean water. In addition, they allow EPA to step in when reasonable further progress toward meeting water quality standards is not being achieved. Using innovative approaches: The proposed regulations create opportunities for water pollutant trading that also result in cleaner water. An innovative, new option would allow for large new and significantly expanding dischargers to a polluted water only when the dischargers commit to reducing; pollution from other sources by 1.5 pounds for every pound added by the new pollution source. Improving the TMDL Program In 1996, EPA set up a Federal Advisory Committee, composed of members from a broad spectrum of interests, to recommend ways to improve the effectiveness and efficiency of state, tribal, and EPA TMDL programs. The committee's report was issued in July, 1998, and has been used to guide the proposed revisions to the TMDL regulations. Why the Watershed Approach? Clean Water is the product of a healthy watershed — where urban, agricultural, rangelands, forest lands, and all parts of the landscape are well- maintained to prevent pollution. Looking at the whole watershed helps strike the best balance among efforts to control point source pollution and polluted runoff, and protect drinking water sources and sensitive natural resources such as wetlands. A watershed focus helps bring together the "residents" of the watershed to examine problems and find solutions. It also helps identify the most cost - effective pollution control techniques to meet clean water goals. EPA is also proposing changes to the National Permit Discharge Elimination System (NPDES permits) and Water Quality Standards regulations. These changes will help achieve reasonable further progress in attaining water quality standards prior to the establishment of a TMDL, as well as ensure that, once they are established, TMDLs will be implemented. 2 of 3 10/6/99 12:37 PM TMDL Program The proposed regulatory changes can be found in the August 23, 1999 Federal Register, and on EPA's TMDL website. After public review and comment, final regulations will be published in 2000. For More Information including state lists and maps; & proposed regulations, see EPA's TMDL homepage - http://www.epa.gov lowow/tmdl/ http://www.epa-gov/owow/tmdl/cleanfsl.html Why TMDLs are Important • Critical for achieving water quality standards • Analytic underpinning for watershed decisions • Way to promote integrated solutions to water quality • Opportunity for innovations, trading Back to TMDL Homepage OW01Y Front Page Watershed Approach Front Page Fiome I Search Browse I What's New I Comments ] Ott www.epa.goo —vTO OW-7t­m­dTrTe—anfsFtml- This page last updated August 25, 1999 3 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tmdl/cleanfs2.html AN Untied stairs Entronowaat Prai4odjon A y lVater°Shed profection %.Ormce Of Water United States Office of Water EPA841- F- 99 -003B Environmental Protection (4503F) August 1999 Agency Cleaner Waters Across America: Identification of Polluted Waters Cleaner Waters Across America: Improving the TMDL Program EPA is taking steps to achieve Cleaner Waters Across America by revising the Total Maximum Daily Load - or TMDL -- program. Established by section 303(d) of the Clean Water Act, the primary mission of the TMDL program is to protect public health and ensure healthy watersheds. The program identifies polluted waters, determines how much pollutants must be reduced to meet water quality standards, and ensures that on- the - ground actions occur to reduce the pollutants. The proposed regulatory changes can be found in the August 23, 1999 Federal Register, and on EPA's TMDL website. After public review and comment, final regulations will be published in 2000. What is a 303(d) List? What Do the 1998 303(d) Lists Tell Us? Over 20,000 waterbodies across America have been identified as polluted • Over 300,000 river and shore miles • Over 5 million lakes acres Many of these waters cannot be used for fishing, swimming, boating, or drinking Leading pollutants are sediments, pathogens, and nutrients The overwhelming majority of Americans live within 10 miles of a polluted waterbody Every two years, states, territories, and authorized tribes identify their impaired or threatened waterbodies -- those not meeting water quality standards. States provide an opportunity for the public to participate as they develop their lists. These lists, also called the "303(d) lists," are submitted to EPA for approval. 1 of 3 10/6/99 12:37 PM TMDL Program State Lists of Impaired Waters: Major Changes Proposed EPA's proposed regulatory changes would significantly revise the list development and submission process. If adopted, these revisions would: Provide the public with more information about the health of their watersheds through a comprehensive accounting of impaired or threatened waterbodies. Ensure public participation and enhanced clarity in the development of the lists and the selection of priorities. G' 1 d' t; d http://www.epa.gov/owow/tindl/cleanfs2.htrnl Pollutants vs. Pollution Section 303(d) of the Clean Water Act mentions both pollutants and pollution • Pollutants are residues, chemical wastes, heat, and may include metals, sediments, excess nutrients. • Pollution is the man-made alteration of the water's integrity, such as changes in habitat and water flows. rve c Barer irec ron an promote consistency among states, territories, and authorized tribes in the development of schedules and priorities. Providing the Public with Better Information: More Comprehensive Lists Lists would provide a comprehensive identification of all waterbodies impaired or threatened by pollution and pollutants. Lists must include waterbodies impaired by all sources: point and nonpoint sources, air deposition, and natural background conditions. Lists would be composed of four parts, with TMDLs being developed for part 1 only: • Part 1 - waterbodies impaired or threatened by one or more pollutants or by an unknown cause; • Part 2 - waterbodies impaired or threatened by pollution; • Part 3 - waterbodies with EPA approved or established TMDLs and water quality standards not attained; and • Part 4 - waterbodies expected to reach water quality standards by next listing cycle. Promoting Consistency: Clear Listing Methodology States would list waterbodies according to a methodology that explains to the public and EPA how existing and readily available data is used to identify impaired waterbodies. Public participation would be required in developing this methodology EPA approval of the methodology would not be required, but EPA approval of the list would still be required. Schedules and Priorities Lists would be divided into high, medium, and low priority waterbodies, based on severity of the pollution and the uses of the waterbody. Some impaired waters that are drinking water sources or have endangered or threatened species would receive high priority. Lists would contain schedules for establishing TMDLs for each individual waterbody, phased over a 15 year period with high priority waters first. 2 of 3 10/6/99 12:37 PM TMDL Program http: / /www.epa.gov /owow /tmdl/cleanfs2.htm1 . Waterbodies would remain on the state, territory, or tribal lists until water quality standards have been achieved. For More Information including state lists and maps & proposed regulations, see EPA's TMOL homepage - http:://www.epa.gov/owow/tmdl/ Back to TMDL Homepage OWOW Front Page Watershed Approach Front Page EPA Home I Search Browse I What's New I Comments ] ttl)-77www.epa.go-v7OWoWTtm-JlTc Tan sf�I- This page last updated August 25, 1999 3 of 3 10/6/99 12:37 PM 9998 Impaired River and Shoreline Niles cl Sedimentation 200.000- y % F ■ Nutrie nts 180,000 Y 160.000 ri pPathogens 140,000- y v j qp 120,000-- /' o ToxicsUetal s/horgan ics _ v 100,000 a 80.000 - ■Toxics /Organics 60,000` 40,000 pMercury+ 20.000 ■Pesticides 0 S N P TM TO M PS 0 �.. _......._ _..__. lrrpairment Type o Other A �i .... — �... __.. _ —._ _�.... i 1998 Impaired Lake Acres 8.000.000 --- Sadimanlalian ��-- 7.000000 ■Hauixnls 1 6.0 00.0 00 S.00 .000 a'', oTaxicsr►Aalahrinaganics a L.000.000 p '" ■Taxicsf0 onics 2.4 00.0 00 ' -" 13 LA 1.000 000 a ■ P asl is id as S N P TM TO M PS 0 Impairment Type DOlnal s� t Please note that waterbodies may be impaired by more than one pollutant. "Other" includes: metals, temperature, pH, habitat degradation, etc. For More Information including state lists and maps & proposed regulations, see EPA's TMOL homepage - http:://www.epa.gov/owow/tmdl/ Back to TMDL Homepage OWOW Front Page Watershed Approach Front Page EPA Home I Search Browse I What's New I Comments ] ttl)-77www.epa.go-v7OWoWTtm-JlTc Tan sf�I- This page last updated August 25, 1999 3 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tmdl/cleanfs3.httnl " EnvitonrwMal Ptotadion Agwy lVatershoa e ©f Water PPFWP-11 rrat r ar! eraaa 0 United States Office of Water EPA841- F- 99 -003C Environmental Protection (4503F) August 1999 Agency Cleaner Waters Across America: Restoration Plans for Polluted Waters Cleaner Waters Across America: Improving the TMDL Program EPA is taking steps to achieve Cleaner Waters Across America by revising the Total Maximum Daily Load - or TMDL -- program. Established by section 303(d) of the Clean Water Act, the primary mission of the TMDL program is to protect public health and ensure healthy watersheds. The program identifies polluted waters., determines how much pollutants must be reduced to meet water quality standards, and ensures that on- the - ground actions occur to reduce the pollutants. In addition, EPA is proposing associated revisions to the National Pollutant Discharge Elimination System (NPDES) and the Water Quality Standards program regulations. These changes will help achieve reasonable further progress in attainin water What is a TMDL? A TMDL or Total Maximum Daily Load is a framework for restoring polluted waters. It is developed in 2 steps: . a calculation of the maximum amount of a pollutant that a waterbody can take in and still meet water quality standards, and a distribution of that amount to the pollutant's sources. In quality standards prior to the establishment of a TMDL, as well as ensure that, once they are established, TMDLs will be implemented. The proposed regulatory changes can be found in the August 23, 1999 Federal Register, and on EPA's TMDL website. After public review and comment, final regulations will be published in 2000. Identifying Polluted Waters Over 20,000 waterbodies ;across America have been identified by states, territories, and authorized tribes as polluted. These polluted waters include over 300,000 river and shore miles and 5 million lake acres. Direct pollution 1 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tmdl/cleanfs3.html discharges are the sole cause in only about 10 percent of polluted waters. The remainder are polluted by runoff from agricultural lands, city streets, suburban lawns, or by a combination of sources. The overwhelming majority of people in the U.S. live within 10 miles of one of these polluted water. What this tells us is that, despite significant progress, much work remains to be done in cleaning up our Nation's waters. Developing Restoration Plans Once the states, territories, and authorized tribes have identified their polluted waters, they begun to develop restoration plans called T:MDLs. Before each TMDL is submitted to EPA, there must be at least 30 days for public review and comment. The proposed regulatory changes would. require that each TMDL have the following ten minimum elements: 10 Minimum Elements of o TMDL • Name and location of the impaired or threatened waterbody. • Identification of the pollutant and the amount that the waterbody can recieve and still meet water quality standards. • The excess amount of the pollutant that keeps the waterbody from meeting water quality standards. • Identification of the source or sources of the pollutant. • A determination of the amount of pollutants that may come from point sources. • A determination of the amount of pollutants that may come from nonpoint sources. • A margin of safety in case the modeling or monitoring techniques are not adequate. • Consideration of seasonal What Can Be Done to Achieve Cleaner Waters While a TMDL is Being Developed? For Nonpoint Sources • Reduce runoff of pollutants through more efficient use of water, fertilizer, pesticides. • Put vegetation on bare lawns and farm fields. • Keep pets and farm animals out of streams. variation to account, for water levels, temperature, etc. • An allowance for future growth and reasonably foreseeable increases in pollutants. • An implementation plan with on- the - ground actions to ensure that the TMDL will result in a healthy watershed. States, territories, and authorized tribes are to establish TMDLs, but EPA may establish TMDLs in the following circumstances: • If a state asks EPA to establish a TMDL; • If EPA determines that a state has not or isn't likely to establish 2 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tindl/cleanfs3.html TMDLs in accordance with the state's schedule; or o If EPA determines that it should establish TMDLs for interstate or boundary waterbodies. For More Information including state lists and maps & proposed regulations, see EPA's TMDL homepage - http: / /www. epa. gov /owow /tmdl/ Back to TMDL Homepage OWOW Front Page I Watershed Approach Front Page EPA Home I Search Browse I What's New Comments ] 1$77www.epa.go—v7070W—TEUFc e n sf� -m — This page last updated August 25, 1999 3 of 3 10/6/99 12:37 PM TMDL Program http://www.epa.gov/owow/tmdl/cleanfs4.html United States EnvlionmWst ptohkcjjon kimy 3'rttershedi Ce of Water �'� Protection 1i at gram United States Office of Water EPA841- F- 99 -003D Environmental Protection (4503F) August 1999 Agency Cleaner Waters .Across America: Actions On- the - Ground Cleaner Waters Across America: Improving the TMDL Program EPA is taking steps to achieve Cleaner Waters Across America by revising the Total Maximum Daily Load - or TMDL -- program. Established by section 303(d) of the Clean Water Act, the primary mission of the TMDL program is to protect public health and ensure healthy watersheds. The program identifies polluted waters, determines how much pollutants must be reduced to meet water quality standards, and ensures that on- the - ground actions occur to reduce the pollutants. In addition, EPA is proposing associated revisions to the National Pollutant Discharge Elimination System (NPDES) and the Water (duality Standards program regulations. These changes will help achieve reasonable further progress in attaining water quality standards prior to the establishment of a TMDL, as well as ensure that, once they are established, TMDLs will be implemented. The proposed regulatory changes can be found in the August 23, 1999 Federal Register, and on EPA's TMDL website. After public review and comment, final regulations will be published in 2000. Why Are We Concerned about Restoring Our Waters? Over 20,000 waterbodies across America have been identified by states, territories, and authorized tribes as polluted. These polluted waters include over 300,000 river and shore miles and 5 million lake acres. Direct pollution discharges are the sole cause in only about 10 percent of polluted waters. The remainder are polluted by runoff from agricultural lands, city streets, suburban lawns, or by a combination of sources. The } overwhelming majority of people living in the U.S. live within 10 miles of one of these polluted water. What this tells us is that, despite significant progress, much j work remains to be done in cleaning up our Nation's waters. Through this new regulatory framework, we will have over 1 200,000 more river and shore miles of healthy aquatic ecosystems, and 3 million more lake acres for safer swimming and fishing. 1 of 4 10/6/99 12:37 PM TMDL Program Imp lementing TMOLs: The Goal is Cleaner Waters The ultimate goal of the TMDL process is the achievement of water quality standards. Once standards have been reached, the waterbody can be removed from the state's list of polluted waters. The regulatory changes that are being proposed would require an implementation plan as part of the TMDL -- the key to translating the TMDL into actual, on- the - ground actions to reduce pollutants. Minimum Elements of a TMDL Implementation Plan The proposed regulations call for each TMDL to have an implementation plan with - http://www.epa.gov/owow/tmdl/cleanfs4.html What is a TMOL? A TMDL or Total Maximum Daily Load is a framework for restoring polluted waters. It is developed in 2 steps: a calculation of the maximum amount of a pollutant that a waterbody can take in and still meet water quality standards; and a distribution of that amount to the pollutant's sources. Using this framework, states develop tailored restoration plans for each individual polluted waterbody identified by the state. • List of actions needed to reduce pollutants -- for example, NPDES permits revision schedules for point sources, or description of best management practices for nonpoint sources • Time line describing when these actions will occur • Reasonable assurance that pollutants from point and nonpoint sources will be reduced • Legal authorities to be used • Estimate of the time it will take to reach water quality standards • Monitoring or modeling plan to determine if on- the - ground actions are 2 of 4 10/6/99 12:37 PM TMDL Program working and pollutants are being reduced Milestones for measuring progress Plans for revising the TMDL, if progress is not being made New Tools for TMDL Implementation: Reasonable Assurance Through NPDES How can we ensure that TMDLs, once established, will reduce pollutants? In the proposed regulatory revisions, EPA is asking that states include "reasonable assurances" in their implementation plans to make sure that these "on- the - ground" actions will occur. There are a variety of ways that a state can demonstrate reasonable assurance. For nonpoint sources, states could use their nonpoint source management programs, federal, state or local http://www.epa.gov/owow/tmdl/cleanfs4.htrnl Achieving Healthy Watershed & Water Quality Standards TMDLs set the stage for on- the - ground actions to reduce pollutant loadings Implementation tools are many- • NPDES permits for point sources • State nonpoint source management programs • Other federal laws and requirements • State and local laws and ordinances • Local or regional watershed cost - sharing programs, or local ordinances and zoning requirements to demonstrate a commitment to reducing pollutants. In order to enhance EPA and the state's ability to establish reasonable assurance, the proposed changes would allow states and EPA to decide that these currently unregulated sources are causing significant water quality problems. Because these sources are causing significant water quality problems, the proposed regulations would allow states and E13A to require these sources to have an NPDES permit. This authority would be limited to: animal feeding operations, aquatic animal production facilities, and some discharges from forestry operations. For More Information including state lists and maps & proposed regulations, see EPA's TMDL homepage - What is an NPDES Permit? The Clean Water Act prohibits anybody from discharging pollutants into our waters through a point source unless they have a National Pollutant Discharge Elimination System (NPDES) permit. A permit contains limits on the discharge and monitoring to ensure that the discharge does not harm water quality or people's health. An NPDES permit translates general requirements of the Clean Water Act into specific provisions tailored to operation of each point source discharging pollutants. htfk.://www.epa-gov/owow/tmdl/ Back to TMDL Homepage OWOR' Front Page I Watershed Approach Front Page 3 of 4 10/6/99 12:37 PM TMDL Program EPA Home I Search I Browse I What's New I Comments ] t7www.epa.go—v7OWO tm c can sf�TtmT- This page last updated August 25, 1999 of 4 http://www.epa.gov/owow/tmdl/cleanfs4.html 10/6/99 12:37 PM Ensuring That TMDLs are Implemented http://www.epa.gov/owow/tmdFensure.html Unid Step " ►► EnvironowmW PtatedeonAgemcy W r,Ftorshed ce of Water hr« R c d' r e - .... �,. T61al Maximum Daily Load "MM) Pro �rom Ensuring That TMDLs are Implemented Reasonable Assurance When establishing a TMDL, States allocate reductions of a particular pollutant among the pollutant sources in the waterbody. These sources may include both point sources and nonpoint sources. In allocating reductions to nonpoint sources, States must provide reasonable assurance that those nonpoint sources will meet their allocated amount of reductions. There are a variety of ways in which a State can provide reasonable assurance such as, through the implementation of pollution control measures, developing and implementing nonpoint source control plans and if available, other State regulations and policies governing such f acilities. Satisfying Reasonable Assurance Through the Issuance of an NPDES Permit States may not be able to provide reasonable assurance that certain nonpoint sources will meet their allocated amount of reductions. In these instances, States authorized to administer the NPDES program may designate these sources as point sources and require that they obtain an NPDES permit. Reasonable assurance is satisf ed by designating these sources as point sources and issuing them an NPDES permit. A State may choose not to designate these sources as point sources. By not designating these sources, EPA may find that the State failed to provide reasonable assurance. Because reasonable assurance is a required element of a TMDL, EPA may then disapprove that State's TMDL. If EPA disapproves a TMDL, EPA must establish the TMDL. How Can We Ensure That TMDLs, Once Established, Will Be Implemented? Proposed revisions to the, NPDES regulations: Designation Authority-for Animal Feeding Operations and Aquatic Animal Production Facilities Authority to designate Animal Feeding Operations (AFOs) and Aquatic Animal Production Facilities (AAPFs) currently lies with the NPDES permitting authority. The permitting authority may be the State (where that State is authorized to administer the NPDES program) or the EPA Regional Administrator (in States that do not have the authority to administer the NPDES program) as the context requires. EPA is proposing to allow the Regional Administrator to designate these sources even when it is not the permitting authority. This authority will be limited to instances where, it is necessary to provide reasonable assurance that these sources will meet their allocated amount of reductions when EPA 1 of 2 10/6/99 12:38 PM Ensuring That TMDLs are Implemented http://www.epa.gov/owow/tindl/ensure.html establishes a TMDL. The Agency believes that this authority is necessary because reasonable assurance is a required element of a TMDL. Designation Authority_for Discharges From Silviculture Operations EPA is proposing to allow both States and the Regional Administrator to designate certain discharges from silviculture activities. EPA's authority to designate these sources will be limited to instances where it is necessary to provide reasonable assurance that these sources will meet their allocated amount of reductions when EPA establishes a TMDL. The Agency believes that this authority is necessary because reasonable assurance is a required element of a TMDL Reissuing Expired Permits in Impaired Waterbodies States with approved NEDES programs issue permits to point sources within their jurisdiction. When these permits expire, the State typically issues the permittee a new permit. In some instances, these permits expire and the permittee operates under an expired permit. Some of these expired permits are inconsistent with applicable TMDLs. Authorizing discharges under these permits frustrates the goals of the Clean Water Act by delaying the implementation of TMDLs. In these instances and when the State fails to act, EPA is proposing to allow the Regional Administrator to reissue these permits consistent with the applicable .TMDL. Back to TMDL Homepage OWOW Front Page I Watershed Approach Front Page EPA Home Search Browse I `What's New I ow- owow - intemet- comments(a�epamail.epa.go "> Comments ] ht�w.epa.gov OW /tmdl /ensure. tm This page last updated August 14, 1999 2 of 2 10/6/99 12:38 PM TMDL Program Untied States A EnvitannwMat Ptatftlion Agency Unice of Water http://www.epa.gov/owow/tindl/tindlfs.htrnl tt'rriorshod ppp�_111er10vf orr United States Office of Water EPA 800 -F -99 -002 Environmental Protection 4101 August 1999 Agency www.epa.gov /water/ Proposed Regulatory Revisions to the Total Maximum Daily Load Program and. Associated Proposed Regulatory Revisions to the National Pollutant Discharge Elimination System and the Water Quality Standards Programs The U.S. Environmental Protection Agency (EPA) is proposing revisions to the Total Maximum Daily Load (TMDL) regulations (40 CFR Part 130) for implementing state, territorial, authorized tribal, and EPA responsibilities under Section 303(d) of the Clean Water Act. This action also includes revisions to the National Pollutant Discharge Elimination System (NPDES) and Water Quality Standards regulations to facilitate implementation of TMDLs. States and territories have identified over 20,000 individual river segments, lakes, and estuaries across America as polluted. These polluted waters include approximately 300,000 mules of river and shoreline and approximately 5 million acres of lakes -- polluted mostly by sedimentation, nutrients, and harmful microorganisms. With the overwhelming majority of the population living within 10 miles of these polluted waters, these proposed regulatory revisions will have a profound impact on the environment and health of communities across the country. These proposed regulatory revisions address issues of fundamental importance to cleaning up our Nation's polluted waters. Listing impaired and threatened waters and establishing T:MDLs are fundamental tools for identifying remaining sources of water pollution and achieving water quality goals. Clean-up plans developed under this regulatory proposal will help to restore the health of thousands of miles of river and shoreline and make millions of lake acres safe for fishing, swimming and other activities. Overview Under Section 303(d), states, territories, and authorized tribes (collectively referred to as "states ") are required to develop lists of impaired waters. These are waters that do not meet water quality standards, even after point sources of pollution have installed the minimum required levels of pollution control technology. States must establish priority rankings for waters on the lists and develop TMDLs for listed. waters. A TMDL specifies the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and allocates pollutant loadings among point and nonpoint pollutant sources. EPA must approve or disapprove state lists and TMDLs. If a state submission is inadequate, EPA must establish the list or the TMDL. 1 of 5 10/6/99 12:38 PM TMDL Program http: / /www.epa.gov /owow /tmdl/tmdlfs.html In 1996, the Office of Water determined that there was a need for a comprehensive evaluation of EPA's and the states' implementation of their Section 303(d) responsibilities. EPA convened a committee under the Federal Advisory Committee Act (TMDL FACA committee) to undertake such an evaluation and make recommendations for improving such implementation, including recommended changes to the TMDL regulations and guidance. The TMDL FACA committee was comprised of 20 individuals with diverse backgrounds, including agriculture, forestry, environmental advocacy, industry, and State, local, and Tribal governments. On July 28, 1998, the committee submitted its final report to EPA containing more than 100 consensus recommendations, a subset of which would require regulatory changes. The TMDL FACA committee recommendations helped to guide the development of the proposed revisions to the TMDL, NPDES and water quality standards regulations. Proposed Revisions to the TMDL Regulations The purpose of the proposed revisions to the TMDL regulations is to provide states with clear, consistent, and balanced direction for listing waters and developing TMDLs, resulting in restoration of waterbodies not meeting water quality standards. The proposed regulations would accomplish this goal by clarifying and revising the existing regulations to: . Ensure that state 303(d) listing methodologies are more specific, subject to public review, and submitted to EPA for review eight months prior to submission of the list. (EPA is seeking comment on how frequently states should submit methodologies and lists.) . Establish a new format for the state 303(d) lists that will create a more comprehensive list of waterbodies impaired and threatened by pollution and pollutants. This new format would organize the lists into four categories: • waters impaired or threatened by pollutants or by unknown causes, • waters impaired or threatened by pollution, • waters for which TMDLs have been completed, but water quality standards have not yet been attained, and • waters expected to meet water quality standards by the next listing cycle as a result of the use of other enforceable pollution controls. Under this new format, TMDLs would only be established for waters in the first category. In addition, impaired waters would remain listed until water quality standards are achieved; . Include a new requirement that states establish and submit to EPA schedules for establishing TMDLs with no longer than a 15 year timeframe for all waterbody and pollutant combinations; . Ensure that states establish TMDLs for high priority waterbodies before they do so for medium and low priority waterbodies, and also encourage states to schedule high priority waterbodies for TMDL establishment no later than five years from listing; . Include a new requirement that states assign a high priority to waterbody and pollutant combinations which are designated as public drinking water supplies and which cause a violation of the maximum contaminant level, 2 of 5 10/6/99 12:38 PM TMDL Program http: / /www.epa.gov /owow /tmdl/tmdlfs.html and/or for pollutants causing an impairment or threat for species listed as endangered or threatened under section 4 of the Endangered Species Act; Clarify that a TMDL must contain the following 10 specific elements: • Name and location of the impaired or threatened waterbody; • Identification of the pollutant and the amount of the pollutant that the waterbody can receive and still meet water quality standards; • Identification of the amount by which the pollutant must be reduced for the waterbody to meet water quality standards; • Identification of the source or sources of the pollutant; • Determination of the amount of the pollutant that may come from point sources; • Determination of the amount of the pollutant that may come from nonpoint sources; • A margin of safety; • Consideration of seasonal variations; • Limited allowance for future growth and reasonably foreseeable increases in pollutant loads; and • An implementation plan. Include a new requirement that an approvable TMDL must have an implementation plan consisting of eight elements, including: • A list of actions needed to reduce pollutant loadings; • Timeline describing when these actions will occur; • Reasonable assurances that the wasteload allocations for point sources and the load allocations for nonpoint sources will be implemented.; • Legal authorities to be used; • Estimate of the time it will take to meet water quality standards; • Monitoring or modeling plan to determine if reductions are being achieved; • Milestones for measuring progress; and • Plans for revising the TMDL if progress is not being made. Clarify that TMDLs may be expressed in terms appropriate to the desired condition of the waterbody or the characteristics of the pollutant load; Ensure that the public will be notified and have the opportunity to comment on lists, priority rankings, schedules, and TMDLs prior to submission to EPA; and Allow the public to petition EPA to establish TMDLs where a state has substantially failed to do so consistent with the state's schedule. Proposed Revisions to the NPDES and Water Quality Standards Regulations The purpose of the proposed revisions to the NPDES and water quality standards regulations is to achieve reasonable further progress toward attainment of water quality standards in impaired waterbodies after listing and pending TMDL establishment, and to provide reasonable assurance that TMDLs, once completed, will be adequately implemented. EPA may also, in the future, promulgate federal water quality standards for states, pursuant to section 303(c)(2)(B), to ensure consistent, nationwide application of the new requirements in the period between listing and TMDL establishment. The proposed regulations would accomplish this goal by clarifying and revising the existing regulations to: 3 of 5 10/6/99 12:38 PM TMDL Program http://www.epa.gov/owow/tmdl/tindlfs.html Include a new requirement that large new or significantly expanding dischargers obtain an offset of one -and- a -half times their proposed discharge before beginning to discharge, unless the Director (i.e. the EPA Regional Administrator or the State Director in a state that is authorized to administer the NPDES program) determines either: (1) that an offset other than 1.5:1, but more than 1:1, is sufficient to achieve reasonable further progress, or (2) that any offset would result in further degradation of water quality, in which case the Director need not require an offset. These proposed offset requirements would be in addition to current Clean Water Act provisions requiring discharge limits to protect water quality standards; . Define a significant expansion of an existing discharger as a 20 percent or greater increase in pollutant loadings above current permitted pollutant loads; Provide EPA the authority to object to, and ultimately reissue, expired and administratively - continued permits for discharges to impaired waterbodies in NPDDES- authorized states where reissuance is necessary to ensure reasonable further progress towards meeting water quality standards while a TMDL is being established or where it is necessary to ensure that a completed TMDL is adequately implemented; and . Provide EPA the authority to designate certain operations such as Concentrated Animal Feeding Operations, Concentrated Aquatic Animal Production Facilities, and certain silviculture operations as point sources and require them to obtain NPDES permits after completion of a TMDL in cases where EPA is required to establish the TMDL. Opportunities for Public Comment on the Proposal The proposed regulatory revisions will be published in the Federal Register for a 60 day comment period. A copy of the proposal will also be available at: http: / /www.epa.gov /owoNv/tmdl/ on the Internet. Written comments on the proposed regulatory revisions to the TMDL program should be sent to: Comment Clerk for the TMDL Rule Water Docket (W- 98 -31) U.S. Environmental Protection Agency 401 M Street, S. W., Washington, D. C. 20460 Written comments on the proposed regulatory revisions to the NPDES and water quality standards programs should be sent to: Comment Clerk for the TMDL Rule Water Docket (W- 9,9 -04) U.S. Environmental Protection Agency 401 M Street, S. W., Washington, D. C. 20460 Comments will also be accepted electronically at the following Internet address: <ow- docketAepa.gov >. Back to TMDL Homepage 4of5 10/6/99 12:38 PM TMDL Program of 5 http://www.epa.gov/owow/tmdl/tmdlfs.html OWOW Front Page I Watershed Approach Front Page EPA Home Search I Browse What's New ow- owow- intemet- comments(c�epamail.epa.gov "> Comments 1 httpw epa.gov /OVV W /t�md tm s. tm This page last updated August 13, 1999 10/6/99 12:38 PM