(add your state) department of environmental quality: the clean water act the epa tmdl lawsuit the...

(add your state)(add your state)Department of Department of

Environmental Quality:Environmental Quality:

The Clean Water ActThe Clean Water Act

The EPA TMDL The EPA TMDL LawsuitLawsuit

The TMDL RuleThe TMDL Rule

(add logo here)

The Clean Water ActThe Clean Water Act

Originated as the Water Pollution Originated as the Water Pollution Control Act (WPCA) of 1948Control Act (WPCA) of 1948

WPCA amendments in 1970 WPCA amendments in 1970 created the EPAcreated the EPA

WPCA Amendments of 1972 WPCA Amendments of 1972 became what is commonly known became what is commonly known as the Clean Water Act (CWA) as the Clean Water Act (CWA) todaytoday

So what exactly is the Clean So what exactly is the Clean Water Act?Water Act?

Basic CWA PremiseBasic CWA Premise

It is the national goal of water quality which It is the national goal of water quality which provides for the protection and propagation provides for the protection and propagation of fish, shellfish, and wildlife and provides of fish, shellfish, and wildlife and provides for recreation in and on the waterfor recreation in and on the water

It sets “fishable, swimmable” goalsIt sets “fishable, swimmable” goals

Water Quality StandardsWater Quality Standards

Authorizes the regulatory requirements Authorizes the regulatory requirements governing the Water Quality Standards governing the Water Quality Standards programprogram

Important Sections of Important Sections of the Clean Water Act:the Clean Water Act:

303(d)303(d) - - requires all states to develop a requires all states to develop a list of their state’s impaired waterbodies list of their state’s impaired waterbodies that do not meet state regulatory water that do not meet state regulatory water quality standards.quality standards.

– States must establish priority rankings States must establish priority rankings for these waters and develop for these waters and develop TMDLsTMDLs

based on their priority rankingsbased on their priority rankings..

Important Sections of the Clean Water Act:

a description of the water quality of all navigable waters in the state;

an assessment of the status of waters of the state with regard to their support of recreational activities and fish and wildlife propagation;

an assessment of the state's water pollution control activities toward achieving the CWA

an estimate of the costs and benefits of implementing the CWA;

a description of the nature and extent of nonpoint sources of pollution and recommendations for programs to address nonpoint source pollution.

305(b) - provides EPA with:

The CWA – It’s more than just The CWA – It’s more than just the water quality standards…the water quality standards…

Establishes Grants for Pollution Establishes Grants for Pollution Control ProgramsControl Programs

Establishes Nonpoint Source Establishes Nonpoint Source Management ProgramManagement Program

Establishes National Estuary Establishes National Estuary Program (including Barataria-Program (including Barataria-Terrebonne National Estuary Terrebonne National Estuary Program)Program)

National Pollutant Discharge National Pollutant Discharge Elimination System (NPDES) - Elimination System (NPDES) - mainly point source permittingmainly point source permitting

If TMDL’s have been a provision If TMDL’s have been a provision of federal law since 1972, why of federal law since 1972, why

the sudden focus?the sudden focus? Concept ahead of technology & Concept ahead of technology &

sciencescience 1996 TMDL LAWSUIT1996 TMDL LAWSUIT

1996 TMDL Lawsuit1996 TMDL Lawsuit

Environmental groups sued the EPA Environmental groups sued the EPA and Regulatory Agencies in 38 states and Regulatory Agencies in 38 states claiming TMDL’s were not being claiming TMDL’s were not being completed in a timely mannercompleted in a timely manner

THE ENVIRONMENTAL GROUPS THE ENVIRONMENTAL GROUPS WON!!!WON!!!

Impacts of ‘99 Court Order Impacts of ‘99 Court Order on on (your state if it was (your state if it was

affected)affected)BeforeBefore

OrderOrder19991999

OrderOrder

ImpairedImpaired

WatersWaters

(add (add numbers numbers

here)here)

(add (add numbers numbers

here)here)

TMDL’sTMDL’s

RequiredRequired

AllowedAllowed

TimeTime

Continuing Legal ActionContinuing Legal Action

EPA Appealed Judge’s RulingEPA Appealed Judge’s Ruling July 2001 – Fifth Circuit Court of July 2001 – Fifth Circuit Court of

Appeals sent case back for Appeals sent case back for rehearingrehearing

April 2002 – Settlement Reached April 2002 – Settlement Reached and Consent Decree Signedand Consent Decree Signed

Impacts of 1999 Court Order, Impacts of 1999 Court Order, Consent Decree, and BeyondConsent Decree, and Beyond

BeforeBefore

OrderOrder19991999

OrderOrder

2002 2002

DecreDecreee

2004 2004 303(d) 303(d)

listlist

ImpairedImpaired

WatersWaters

(add your (add your state’s state’s

numbers here)numbers here)

(add your (add your state’s state’s numbers numbers here)here)



TMDL’sTMDL’s

RequiredRequired






AllowedAllowed

TimeTime






Consent Decree ScheduleConsent Decree Schedule(start year - completion year)(start year - completion year)

BasinBasin TimelineTimeline(add your state’s basins here)(add your state’s basins here) (add (add

timeline for timeline for TMDLs here)TMDLs here)

Other Factors in TMDL Other Factors in TMDL Implementation:Implementation:

The Federal TMDL RuleThe Federal TMDL Rule

A Federal RuleA Federal Rule is a set of regulations is a set of regulations as to how a law will be implementedas to how a law will be implemented

The highly criticized TMDL Rule was The highly criticized TMDL Rule was published July 13, 2000published July 13, 2000

The Federal TMDL RuleThe Federal TMDL Rule(Continued)(Continued)

Some two dozen parties Some two dozen parties challenged the rule in court in challenged the rule in court in August 2000August 2000

Because of the controversy, Because of the controversy, Congress prohibited EPA from Congress prohibited EPA from putting the rule into effect by putting the rule into effect by denying funds for that purposedenying funds for that purpose

The Federal TMDL RuleThe Federal TMDL Rule(Continued)(Continued)

On December 26, 2002, the EPA On December 26, 2002, the EPA announced its intention to withdraw announced its intention to withdraw the rule because of the unworkable the rule because of the unworkable nature of the regulationsnature of the regulations

Since then, the rule has been revised Since then, the rule has been revised but never published for public reviewbut never published for public review

How Will Withdrawal of the How Will Withdrawal of the TMDL Rule Affect TMDL Rule Affect (your state)(your state)??

(add results of TMDL rule for your (add results of TMDL rule for your state here; if it will affect it or not)state here; if it will affect it or not)

Total Maximum Daily Loads Total Maximum Daily Loads (TMDLs)(TMDLs)

Surface Water Quality Standards AssessmentSurface Water Quality Standards Assessment

TMDLsTMDLs

Nonpoint Source ProgramsNonpoint Source Programs

Video

Water Quality StandardsWater Quality Standards

Where did those Where did those water quality water quality

standards come standards come from? The facts of from? The facts of

life…life…

In its basic formIn its basic form,, a a standard is a standard is a useuse and and

criteriacriteria to protect to protect that use.that use.

Does Does (your state)(your state) have it’s own have it’s own set of Water Quality Rules?set of Water Quality Rules?

Yes- WQS are provisions of Yes- WQS are provisions of (your(your state)state) State Law State Law

Authorized by the Authorized by the (your state)(your state) Water Control LawWater Control Law

Goal is to preserve, protect and Goal is to preserve, protect and enhance:enhance:– The natural resources of (your The natural resources of (your

state’s) aquatic ecosystemsstate’s) aquatic ecosystems– Public health and welfarePublic health and welfare– The quality of waters for their The quality of waters for their

designateddesignated uses uses

What are Louisiana’s What are Louisiana’s Designated Uses?Designated Uses?

(your state) (your state) WQS define WQS define 8 uses8 uses for for surface waterssurface waters– Primary Contact Recreation (PCR)Primary Contact Recreation (PCR)– Secondary Contact Recreation (SCR)Secondary Contact Recreation (SCR)– Fish & Wildlife Propagation (FWP)Fish & Wildlife Propagation (FWP)– Drinking Water Supply (DWS)Drinking Water Supply (DWS)– Shellfish Propagation (SFP)Shellfish Propagation (SFP)– Agriculture (AGR)Agriculture (AGR)– Outstanding Natural Resource (ONR)Outstanding Natural Resource (ONR)– Limited Aquatic/Wildlife Use (LAW)Limited Aquatic/Wildlife Use (LAW)

Does EPA have a Role in Does EPA have a Role in (your(your state’s)state’s) Water Quality Water Quality

Standards?Standards?– Yes - Yes - EPA reviews State’s water quality EPA reviews State’s water quality

standardsstandards– Yes - Yes - EPA approves or disapproves EPA approves or disapproves

State’s water quality standardsState’s water quality standards– Yes - Yes - EPA Administrator may EPA Administrator may

promulgate State’s standards if:promulgate State’s standards if: New standards not consistent with New standards not consistent with

applicable requirements of the CWAapplicable requirements of the CWA A new or revised standard is A new or revised standard is

necessary to meet CWA necessary to meet CWA requirementsrequirements

Role of WQS in Water Role of WQS in Water Quality Management : Quality Management :

A Big FrameworkA Big Framework Set and revise water quality Set and revise water quality

standards in State watersstandards in State waters Determine use attainment with Determine use attainment with

Water Quality InventoryWater Quality Inventory, 305(b) , 305(b) report and 303(d) list of impaired report and 303(d) list of impaired waterswaters

Establishes endpoints for Total Establishes endpoints for Total Maximum Daily Loads (TMDLs), Maximum Daily Loads (TMDLs), Waste Load Allocations (WLAs) Waste Load Allocations (WLAs) and Load Allocations (LAs)and Load Allocations (LAs)

Establish permit limitsEstablish permit limits

Are Standards Developed for Are Standards Developed for Point Sources?Point Sources?

Yes Yes – Point Sources are required – Point Sources are required to have National Pollution to have National Pollution Discharge Elimination System Discharge Elimination System (NPDES) permits issued by DEQ(NPDES) permits issued by DEQ– Permit limits are set based on Permit limits are set based on

water quality standards or water quality standards or available technologyavailable technology

Surface Water Quality Surface Water Quality Monitoring ProgramMonitoring Program


(your state)(your state) has had a surface water has had a surface water quality monitoring program since the quality monitoring program since the (year)(year)

(Add your state information regarding (Add your state information regarding sampling)sampling)

EX: Prior to 1998, sampled about 185 EX: Prior to 1998, sampled about 185 sites each month on 70-80 sites each month on 70-80 waterbodieswaterbodies

The Problem?

(your state) has over ? named waterbodies

Add your state map with

waterbodies


All monitored subsegments in All monitored subsegments in the targeted basins are the targeted basins are sampled monthlysampled monthly

The new rotating basin system The new rotating basin system increased the number of sites increased the number of sites monitored from monitored from (add your state(add your state numbers here)numbers here) across the state across the state

Approximately Approximately ?? sites are sites are sampled each monthsampled each month

In addition, In addition, ?? long-term sites long-term sites on on ?? waterbodies are sampled waterbodies are sampled monthly, not subject to monthly, not subject to rotationrotation

Surface Water Quality Monitoring Surface Water Quality Monitoring Program Program

The samples are analyzed for 29 different The samples are analyzed for 29 different items, plus a number of chemicalsitems, plus a number of chemicals

Impairment Status of Impairment Status of Water Body SubsegmentsWater Body Subsegments

Percent Impaired WatersPercent Impaired Waters

Pathogens : 207Pathogens : 207 Sediment related : 291Sediment related : 291 Low DO : 309Low DO : 309 Nutrients : 335 Nutrients : 335 Oil & Grease : 7Oil & Grease : 7 Mercury : 173Mercury : 173 Pesticides : 76Pesticides : 76 39 different suspected impairments in 39 different suspected impairments in

totaltotal

Most Frequently Cited Most Frequently Cited Louisiana Louisiana (your state)(your state)

ImpairmentsImpairments::

Louisiana ImpairmentsLouisiana Impairments (Fecal (Fecal Coliform/Pathogens):Coliform/Pathogens):

Term used to describe bacteria found Term used to describe bacteria found in the intestinal tract of warm-in the intestinal tract of warm-blooded animalsblooded animals

If fecal material is present in If fecal material is present in excessive concentrations, the excessive concentrations, the potential for pathogens, such as E. potential for pathogens, such as E. Coli can be present.Coli can be present.

Fecal material also contains nitrogen Fecal material also contains nitrogen and phosphorous and can result in and phosphorous and can result in nutrient over-enrichment of water nutrient over-enrichment of water bodies causing algae blooms and bodies causing algae blooms and oxygen depletionoxygen depletion

Add your state’s

impairments and

descriptions here

Louisiana Impairments Louisiana Impairments (Sedimentation):(Sedimentation):

Comes from agricultural sources, Comes from agricultural sources, construction sites and other soil construction sites and other soil disturbing activities in urban disturbing activities in urban settingssettings

Increases the turbidity of waterIncreases the turbidity of water Reduces light penetration, altering Reduces light penetration, altering

the oxygen relationships for certain the oxygen relationships for certain aquatic organismsaquatic organisms

Nutrients such as nitrogen and Nutrients such as nitrogen and phosphorous and certain pesticides phosphorous and certain pesticides may enter streams with sedimentmay enter streams with sediment

Harmful effects may include: rapid Harmful effects may include: rapid algae growth and fish kills from algae growth and fish kills from oxygen depletionoxygen depletion

Louisiana ImpairmentsLouisiana Impairments (Organic Enrichment/Low DO):(Organic Enrichment/Low DO):

Dissolved oxygen comes from several Dissolved oxygen comes from several sources including natural sources such as sources including natural sources such as algaealgae

Dissolved oxygen is also generated from Dissolved oxygen is also generated from water that flows at high velocities over water that flows at high velocities over rocks and other terrainrocks and other terrain

There are also substances such as organic There are also substances such as organic matter, dead plant and fecal material matter, dead plant and fecal material which reduce oxygen concentrations (also which reduce oxygen concentrations (also known as oxygen demanding substances)known as oxygen demanding substances)

Water quality criteria establish DO levels Water quality criteria establish DO levels of 3-5 ppm to support the propagation of of 3-5 ppm to support the propagation of fishfish

Many Louisiana Many Louisiana (your state)(your state) streamsstreams have have low flow conditions and high water low flow conditions and high water temperatures during the summer monthstemperatures during the summer months

Middle Fork D’Arbonne Photo: DEQ

In Louisiana, many water bodies do not meet nationally derived water quality standards due to naturally occurring physical, chemical, and biological factors.

This is especially true for dissolved oxygen…

(Add an example of a primary cause of impairment from your state.)

Louisiana Impairments Louisiana Impairments (Nutrients(Nutrients):):

Generally refers to nitrogen and Generally refers to nitrogen and phosphorus, but would include any phosphorus, but would include any element or compound essential for element or compound essential for the operation of a living systemthe operation of a living system

Impairment levels for nutrients are Impairment levels for nutrients are not established in the Louisiana not established in the Louisiana water regulations for Louisiana water regulations for Louisiana water bodieswater bodies

Louisiana, like most states, has Louisiana, like most states, has narrative, but not numeric, criteria narrative, but not numeric, criteria for nutrients for nutrients (LAC (LAC 33:IX.1113.B.8)33:IX.1113.B.8)

Nutrient Criteria are Nutrient Criteria are currently being developed currently being developed

for regions in Louisiana (not for regions in Louisiana (not just watersheds)just watersheds)

Will be water body-type specificWill be water body-type specific– Lakes and reservoirsLakes and reservoirs– Rivers and streamsRivers and streams– EstuariesEstuaries– Coastal marine watersCoastal marine waters– Tidally influenced waters Tidally influenced waters – WetlandsWetlands

EPA has published some EPA has published some ‘default’ national numeric ‘default’ national numeric criteria recommendations criteria recommendations for N, P, chlorophyll a, and for N, P, chlorophyll a, and

turbidityturbidity EPA and USGS are statistically EPA and USGS are statistically

deriving ‘default’ numeric deriving ‘default’ numeric criteria using data from 14 criteria using data from 14 ecoregions across the US ecoregions across the US

EPA encourages states to EPA encourages states to develop their own methods develop their own methods (following EPA’s guidance or (following EPA’s guidance or other defensible methods) in other defensible methods) in formulating numeric nutrientformulating numeric nutrient criteria.criteria.

LDEQ’s Nutrient Criteria LDEQ’s Nutrient Criteria Development Plan for Development Plan for

LouisianaLouisiana

LDEQ is committed to using its own ecoregional framework to develop water body-specific, ecoregional nutrient criteria for Louisiana’s water bodies

LDEQ is drafting an updated plan to be submitted to EPA Region 6 for the end of 2004

Louisiana Impairments Louisiana Impairments (Metals):(Metals):

Enter the environment through Enter the environment through human activity and natural human activity and natural occurrencesoccurrences

Sources include industrial Sources include industrial activities, combustion of fossil activities, combustion of fossil fuels, and atmospheric deposition fuels, and atmospheric deposition (evaporating into the atmosphere (evaporating into the atmosphere and returning to the ground as a and returning to the ground as a result of gravity or rainfallresult of gravity or rainfall

Metals of concern include:Metals of concern include:Arsenic

Copper

Mercury

Cadmium

Lead

Most Prominent Suspected Most Prominent Suspected Sources of ImpairmentSources of Impairment

Unknown sources (largely metals, Unknown sources (largely metals, chlorides, and sulfates)chlorides, and sulfates)

Natural sources (largely related to low Natural sources (largely related to low DO, chlorides and sulfates)DO, chlorides and sulfates)

Municipal sewage treatment, septic Municipal sewage treatment, septic tanks and other fecal coliform sourcestanks and other fecal coliform sources

AgricultureAgriculture

(Your state’s)(Your state’s) Efforts Efforts TowardToward

Completion of TMDLsCompletion of TMDLs

Louisiana’s TMDLs are Louisiana’s TMDLs are developed by both EPA developed by both EPA

Region 6 and LDEQRegion 6 and LDEQ

More than 140 TMDLs have been developed for Louisiana Waters to date

Add information about TMDL development and completion in your state here.

How Is the Current Workload Split How Is the Current Workload Split Between EPA and LDEQ?Between EPA and LDEQ?

LDEQ LDEQ (your state agency name here)(your state agency name here)

– Oxygen-demand pollutantsOxygen-demand pollutants– NutrientsNutrients– MetalsMetals

USEPAUSEPA– Fecal Coliform (bacteria)Fecal Coliform (bacteria)– Turbidity / Suspended SolidsTurbidity / Suspended Solids– TDSTDS– SulfatesSulfates– Mercury (Fish Contamination)Mercury (Fish Contamination)

TMDL’s Completed in the TMDL’s Completed in the Vermilion Teche BasinVermilion Teche Basin

Bayou BoeufBayou Boeuf Vermilion RiverVermilion River Bayou TecheBayou Teche Bayou CourtableauBayou Courtableau Bayou CocodrieBayou Cocodrie

Add listings of completed TMDLs by watershed and waterbody.

Vermilion/Teche Basin – Vermilion/Teche Basin – Vermilion RiverVermilion River

50% reduction in man-made 50% reduction in man-made nonpoint source (both summer and nonpoint source (both summer and winter)winter)

Reductions in point source loads Reductions in point source loads from:from:– Cargill SaltCargill Salt– Bruce FoodsBruce Foods– Dixie CanningDixie Canning– Riviana Foods Riviana Foods – Seacoast ProductsSeacoast Products

Vermilion Teche Basin – Bayou Vermilion Teche Basin – Bayou CourtableauCourtableau

Compliance with current DO Compliance with current DO criteria of (5.0 ppm) will require criteria of (5.0 ppm) will require a 30% reduction of man-made a 30% reduction of man-made nonpoint loading year-round. nonpoint loading year-round.

Compliance with the proposed Compliance with the proposed DO criteria of (4.0 ppm) will DO criteria of (4.0 ppm) will require a 15% reduction of require a 15% reduction of man-made nonpoint loading man-made nonpoint loading year-round (dependant on UAA year-round (dependant on UAA approval)approval)

TMDL’s Completed in the TMDL’s Completed in the Mermentau BasinMermentau Basin

Bayou Plaquemine Bayou Plaquemine BruleBrule

Bayou NezpiqueBayou Nezpique Bayou Queue de Bayou Queue de

TortueTortue Bayou des CannesBayou des Cannes Mermentau RiverMermentau River

Mermentau Basin - Bayou Mermentau Basin - Bayou Plaquemine BrulePlaquemine Brule 50% reduction in man-made 50% reduction in man-made

nonpoint source loading (both nonpoint source loading (both summer and winter)summer and winter)

More stringent effluent limitations More stringent effluent limitations for three point source dischargersfor three point source dischargers– Crowley High School (from 30 Crowley High School (from 30

BOD to 10/5/5)BOD to 10/5/5)– Atwood Acres STP (from 20 BOD Atwood Acres STP (from 20 BOD

to 10/5/5)to 10/5/5)– Rayne POTW (from 10 BOD to Rayne POTW (from 10 BOD to

10/5/5)10/5/5)

Mermentau Basin - Bayou Mermentau Basin - Bayou NezpiqueNezpique

90% reduction of man-made nonpoint 90% reduction of man-made nonpoint source loading in wintersource loading in winter

85% reduction of man-made nonpoint 85% reduction of man-made nonpoint source loading in summersource loading in summer

More stringent permit limitations for towns More stringent permit limitations for towns of: Oakdale, Pine Prairie, Reddell, of: Oakdale, Pine Prairie, Reddell, Evangeline, Oberlin, Elton, Basile, Evangeline, Oberlin, Elton, Basile, JenningsJennings

Tertiary treatment (5 BOD/2 NH3/6 DO) Tertiary treatment (5 BOD/2 NH3/6 DO) for: Reddell, Oberlin, Elton, Basile, for: Reddell, Oberlin, Elton, Basile, JenningsJennings

TMDL’s Completed in the TMDL’s Completed in the Calcasieu BasinCalcasieu Basin

Houston RiverHouston River Bear Head Bear Head

CreekCreek Little RiverLittle River Barnes CreekBarnes Creek Bayou SerpentBayou Serpent Marsh BayouMarsh Bayou Calcasieu Calcasieu

EstuaryEstuary

Contraband Contraband BayouBayou

West Fork West Fork Calcasieu RiverCalcasieu River

Bayou D’IndeBayou D’Inde Bayou Bayou

ChoupiqueChoupique Indian BayouIndian Bayou Calcasieu RiverCalcasieu River

Calcasieu Basin – Calcasieu Basin – Houston RiverHouston River

67% reduction in manmade 67% reduction in manmade nonpoint source at DO nonpoint source at DO standard of 3.0 ppm (summer)standard of 3.0 ppm (summer)

46% reduction in manmade 46% reduction in manmade nonpoint source at DO nonpoint source at DO standard of 5.0 ppm (winter) standard of 5.0 ppm (winter)

Calcasieu Basin – Calcasieu Basin – Bayou SerpentBayou Serpent

90% reduction in nonpoint 90% reduction in nonpoint source with DO standard of 5.0 source with DO standard of 5.0 ppm (summer).ppm (summer).

50% reduction in nonpoint 50% reduction in nonpoint source with DO standard of 5.0 source with DO standard of 5.0 ppm (winter).ppm (winter).

TMDL’s Completed in the TMDL’s Completed in the Ouachita BasinOuachita Basin

Boeuf RiverBoeuf River Castor CreekCastor Creek Flat CreekFlat Creek Bayou ChauvinBayou Chauvin Bayou Bayou

D’ArbonneD’Arbonne Middle Fork Middle Fork

Bayou Bayou D’ArbonneD’Arbonne

Corney BayouCorney Bayou Ouachita RiverOuachita River Crew LakeCrew Lake Big CreekBig Creek Bayou ChauvinBayou Chauvin Bayou DesiardBayou Desiard

Ouachita Basin – Ouachita Basin – Boeuf RiverBoeuf River

90% reduction in manmade 90% reduction in manmade nonpoint source (summer)nonpoint source (summer)

20% reduction in manmade 20% reduction in manmade nonpoint source (winter)nonpoint source (winter)

Ouachita Basin – Ouachita Basin – Castor CreekCastor Creek

75% reduction of total non-75% reduction of total non-point loading with current water point loading with current water quality standard for dissolved quality standard for dissolved oxygen of 5.0 ppm (year oxygen of 5.0 ppm (year round). round).

55% reduction of total nonpoint 55% reduction of total nonpoint loading with proposed DO of loading with proposed DO of 3.0 ppm (year round).3.0 ppm (year round).

TMDL’s Completed in the TMDL’s Completed in the Barataria Basin Barataria Basin

Bayou Boeuf, Lake Boeuf, Halpin Bayou Boeuf, Lake Boeuf, Halpin Canal, Theriot CanalCanal, Theriot Canal

Bayous Verret, Citamon, Bayous Verret, Citamon, Chevreuil, and Grand BayouChevreuil, and Grand Bayou

Bayou des AllemandsBayou des Allemands Bayou SegnetteBayou Segnette Main Canal and others in New Main Canal and others in New

Orleans areaOrleans area Bayou LafourcheBayou Lafourche

Barataria Basin –Barataria Basin –Bayou Boeuf, Lake Boeuf, Bayou Boeuf, Lake Boeuf,

Halpin Canal, Theriot CanalHalpin Canal, Theriot Canal

Requires 100% reduction in man-Requires 100% reduction in man-made nonpoint source loading in made nonpoint source loading in summer, 92% in winter to meet DO summer, 92% in winter to meet DO criterion of 5 mg/Lcriterion of 5 mg/L

Land use in this subsegment is 73% Land use in this subsegment is 73% wetlands and 20% agricultural landswetlands and 20% agricultural lands

Barataria Basin –Barataria Basin –Bayous Verret, Chevreuil, Bayous Verret, Chevreuil,

Citamon, and Grand BayouCitamon, and Grand Bayou



Barataria Basin –Barataria Basin –Bayou des AllemandsBayou des Allemands



Barataria Basin –Barataria Basin –Bayou SegnetteBayou Segnette



Barataria Basin –Barataria Basin –Main Canal and Main Canal and

Other CanalsOther Canals

Requires 100% reduction in man-Requires 100% reduction in man-made nonpoint source loading in made nonpoint source loading in summer and winter to meet DO summer and winter to meet DO criterion of 5 mg/Lcriterion of 5 mg/L

Land use in this subsegment is Land use in this subsegment is 59% wetlands, 19% urban, and 59% wetlands, 19% urban, and 16% agricultural lands16% agricultural lands

Barataria Basin –Barataria Basin –Bayou LafourcheBayou Lafourche

Draft TMDL developed by EPA resulted in Draft TMDL developed by EPA resulted in TMDL = 0TMDL = 0

Requires 100% reduction in man-made Requires 100% reduction in man-made point and nonpoint source loading to meet point and nonpoint source loading to meet DO criterion of 5 mg/LDO criterion of 5 mg/L

Presents issue for coastal restoration Presents issue for coastal restoration diversion projectdiversion project

Removing a designated Removing a designated use or “lowering” the use or “lowering” the criteria requires a Use criteria requires a Use Attainability Analysis Attainability Analysis

(UAA)(UAA)

What Is a UAA?What Is a UAA?

Scientific assessment of the chemical, Scientific assessment of the chemical, physical, biological, and economic factors physical, biological, and economic factors affecting the attainment of designated uses affecting the attainment of designated uses in a water body in a water body

Biological Factors for UAAsBiological Factors for UAAs

Fish and macroinvertebrates Fish and macroinvertebrates (aquatic insects, snails, etc) are (aquatic insects, snails, etc) are collected from streamscollected from streams

Samples are sorted and counted Samples are sorted and counted to determine number of different to determine number of different species and population sizespecies and population size

Results are compared to Results are compared to reference or Ecoregion streams to reference or Ecoregion streams to determine support of UAA needsdetermine support of UAA needs

UAAs Approved by EPAUAAs Approved by EPA Beaucoup Creek Beaucoup Creek (2.5 mg/L July-Sept)(2.5 mg/L July-Sept)

Middle Fork Bayou D’Arbonne Middle Fork Bayou D’Arbonne (3 mg/L)(3 mg/L)

Bayou Cocodrie Bayou Cocodrie (3.5 mg/L April-Oct)(3.5 mg/L April-Oct)

Cocodrie Lake Cocodrie Lake (3.5 mg/L April-Oct)(3.5 mg/L April-Oct)

New Iberia Southern Drainage Canal New Iberia Southern Drainage Canal System-Man Made Water body System-Man Made Water body (2 mg/L May-Oct; 3 mg/L Nov-April)(2 mg/L May-Oct; 3 mg/L Nov-April)

Insert any UAAs that have been approved here.

Effect of TMDL’s on Effect of TMDL’s on Existing SourcesExisting Sources–Dischargers will have to Dischargers will have to

upgrade their WWTPs to upgrade their WWTPs to advanced secondary or tertiary advanced secondary or tertiary treatment.treatment.

–New sources may not be New sources may not be allowed to discharge or may be allowed to discharge or may be forced to locate in other forced to locate in other watersheds.watersheds.

–Nonpoint source loadings Nonpoint source loadings must be reduced 30% - 90% to must be reduced 30% - 90% to meet D.O. criterion.meet D.O. criterion.

(Your state’s)(Your state’s)Nonpoint Source ProgramNonpoint Source Program

NPS Management NPS Management StrategyStrategy

A balanced approach to A balanced approach to management combining statewide management combining statewide education and watershed education and watershed implementationimplementation

An interagency committee of federal, An interagency committee of federal, state and local entities working state and local entities working collectively to solve collectively to solve (your state’s)(your state’s) nonpoint source pollution nonpoint source pollution

Annual Reporting on progress made Annual Reporting on progress made in implementation and water quality in implementation and water quality improvementimprovement

Goal of ProgramsGoal of Programs

Increase the Level of BMP Increase the Level of BMP Implementation within the Implementation within the WatershedWatershed

Measure the Effectiveness of Measure the Effectiveness of BMPs in Reducing Pollutant BMPs in Reducing Pollutant Loads at the Field Level and the Loads at the Field Level and the Sub-Watershed LevelSub-Watershed Level

Monitor Water Quality on the 4-Monitor Water Quality on the 4-year Rotating Basin Cycle in order year Rotating Basin Cycle in order to Determine if Water Quality is to Determine if Water Quality is Improving Improving

Example of Statewide Example of Statewide Education Program:Education Program:

Master FarmerMaster Farmer

Connections between Water Quality Data, Reports, Permits, and Water Quality

Improvement

Water Quality NetworkAmbient Data

305(b) Water Quality Assessments

UsesSupported?

Yes

No

Uses impaired-water body placed

on 303(d) listModeling Group Develops TMDLsTMDL

Implementationthrough permitsand NPS BMPs

No impairment-water body not placed

on 303(d) list

Water Quality Usesand Criteria(Standards)

Additional data is collected for use in the

model

1

2

3

4

4

5

5

6

6

7

8

Connections?Connections?

Assessment TMDLs

MonitoringData

Implementation

Improved Water Quality?

Thank YouThank You

(add your state) department of environmental quality: the clean water act the epa tmdl lawsuit the...

Documents

national goal of water

clean water act cwa

criticized tmdl rule

tmdl rule affect

tmdl implementation

federal tmdl rulecontinuedsome

nonpoint source pollution

court order