Transcript Slide 1

Pathogen and Turbidity TMDLs
and OKR04
Richard Smith, INCOG
Oklahoma MS4 Conference
Oklahoma City Zoo Education Center
November 7-8, 2012
303(d) List and TMDL Basics

303(d) WQ studies: formal, lengthy, mostly OWRB & OCC, Part
136 and USAP procedures.

TMDL (Total Maximum Daily Load) is usual outcome.

Stormwater permittees must address 303(d) and TMDLs in
their SWMPs.

2010 303(d) list – is latest EPA approved.

Fecal coliform – no longer in WQS = no more FC TMDLs.

Models: Load Duration Curve mostly, some QUAL models.

BMPs & Monitoring – preferred by ODEQ over numeric limits.
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National 303(d) Statistics
16%
15%
Top 15 Causes of
303(d) Impairment
Nationally
14%
12%
11%
10%
10%
9%
9%
= Top 5 in
Oklahoma
9%
8%
5%
6%
5%
5%
4%
4%
4%
3%
2%
2%
2%
1%
Created from data on EPA website: http://iaspub.epa.gov/waters10/attains_nation_cy.control?p_report_type=T
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TMDLs & WLA_MS4 Calculations
TMDL = Σ WLA + Σ LA + MOS + WLA_MS4
Amount of Pollution A Waterbody Can Receive Without Violating
Water Quality Standards
Point Sources =
Wasteload Allocations
“LA”
“WLA”
Photos by Richard Smith, INCOG
Nonpoint Sources &
Natural Background =
Load Allocations
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What is a Wasteload Allocation ?
• Sets NPDES / OPDES permit limits.
• For Municipal WWTP discharges (WLA):
–
–
–
–
Flow (MGD)
BOD & Ammonia
Bacteria
Toxics (metals, ammonia)
– Both concentrations (as mg/L) and mass (as lbs/day).
– Seasonal limits (summer, spring, winter).
• For Stormwater discharges (WLA_MS4):
– TMDL may or may not have numeric mass limits.
– TMDL report specifies compliance strategy = BMPs and monitoring.
– WLA_MS4 is either aggregate or individual.
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Latest TMDL Efforts in Oklahoma
• Managed by ODEQ, with contracts to Parsons Engineering.
Some done by ODEQ, a few by INCOG and ACOG.
• Bacteria (many hundreds) began ~2005, continue through 2015.
Mostly Parsons. LDC Method. Total MS4_WLA.
• Turbidity (hundreds) began 2009, continue through 2015.
Mostly Parsons. LDC Method. No MS4_WLA.
• Metals and Dissolved Solids – just starting new TMDLs.
• No methods yet for pesticides or other parameters.
• DO-based TMDLs only when 303(d), all others are WLA.
• No TMDL Implementation Plans. Few Watershed Base Plans.
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Complex TMDL Implementation
Non-Permitted Sources:
Agriculture no enforcement, voluntary only; 319(h) programs.
Rural Lands no enforcement, voluntary only; 319(h) programs.
Non-permitted MS4s no enforcement, no requirements.
Permitted Sources:
WWTPs must disinfect effluents + added treatment.
MS4s (Phase 1 & 2) must implement BMPs and monitor.
CAFOs develop a “water quality-based reduction plan” if needed
and comply with the ELG and EPA’s NPDES permit for CAFOs.
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Typical Urban Bacteria Sources
Controllable
Partly Controllable
Uncontrollable
Regrowth
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EPA’s Bacteria Study 2007-2012
• Correlation between human illness and exposures to:
• WWTP (treated) effluent discharges.
• Untreated (raw) sewage in water.
• Animal feces in water.
• Improving laboratory test methods.
• Selection of better parameters for use as WQS.
• More accurate numerical criteria.
• Differences in susceptibility between children & adults.
• Sampling / preservation methods.
• Surrogate parameters (e.g., pharmaceuticals).
• Bacteria Source Tracking & other differentiating tests.
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“Pathogens” vs. Indicator Organisms
• 303(d) testing is for “indicator organisms”.
• Indicators are in feces of all warm-blooded mammals.
• No direct 303(d) testing for pathogenic strains.
• Presence of “indicators” = potential for pathogens.
• Pathogens can be bacteria, viruses, protozoans, etc.
• Positive indicator tests:
• May not be from human sources.
• May have no pathogens present.
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Difficulties Controlling Bacteria
• Most urban bacteria studies show animals as the
primary sources:
– Pets (dogs and cats)
– Wildlife (small birds and critters)
– Migratory, non-migratory large birds (geese, ducks)
– Livestock in urban areas
• Most WWTP discharges are disinfected or soon
will be.
• Human sewage (bypasses).
• Regrowth in stream beds and MS4 pipes.
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How Stormwater Fits Into a TMDL
Urban runoff is “nonpoint”.
EPA put stormwater into its NPDES point source
permit program.
This turned “nonpoint” into “point source” for
enforcement.
TMDLs therefore treat stormwater permittees
as “point sources” = WLA_MS4
Photo by INCOG
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Effectiveness Monitoring
EPA is considering requiring sampling for several purposes:
Demonstrate BMP
effectiveness.
“Outcome-Based”
= monitoring
Compliance with TMDL
implementation plans.
Demonstrate attainment of
WQS.
Document overall program
effectiveness.
“Output-Based”
Image by Richard Smith, INCOG
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How OKR04 Addresses 303(d)
PART II.B CONTENTS OF THE NOTICE OF INTENT
2. Information on the Municipal Separate Storm Sewer System
The name of the major receiving water(s) and an indication of whether any
of your receiving waters are on the latest CWA §303(d) list of impaired
waters. If you have discharges to 303(d) waters, a certification that your
Storm Water Management Program complies with the requirements of
PART III. A.
Part III.A COMPLIANCE WITH WATER QUALITY STANDARDS
Operators seeking coverage under this permit shall not be causing or have
the reasonable potential to cause or contribute to a violation of a water
quality standard. If you have discharges to receiving waters included on
the latest CWA § 303(d) list of impaired waters, you must document in
your SWMP how you will comply with this requirement.
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How OKR04 Addresses 303(d)
PART VIII.B REQUIREMENTS FOR SMALL MS4s THAT ELECT TO
ADOPT THE OPTIONAL PERMIT REQUIREMENTS FOR
MUNICIPAL CONSTRUCTION ACTIVITIES [7th MCM]
8. Storm Water Pollution Prevention Plans
b. If your construction site discharges into a receiving water
which has been listed on the Clean Water Act 303(d) list of
impaired waters, and your discharges contain the pollutant(s) for
which the water body is impaired, you must document in your
SWP3 how the BMPs and other controls selected for your site
will control the discharge of the pollutant(s) of concern.
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TMDL Requirements in OKR04
PART I.C LIMITATIONS ON COVERAGE
6. Discharges not consistent with a Total Maximum Daily Load
(TMDL)
Discharge of a pollutant into any water for which a Total Maximum
Daily Load (TMDL) for that pollutant has been either established
or approved by the DEQ or EPA is prohibited, unless your
discharge is consistent with that TMDL. You must incorporate
into your SWMP any conditions necessary to ensure discharges
are consistent with the assumptions and requirements of any
such TMDL. This eligibility condition applies at the time you
submit a Notice of Intent for coverage.
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TMDL Requirements in OKR04
PART III.B ESTABLISHED TOTAL MAXIMUM DAILY LOAD
ALLOCATIONS
1. If a TMDL is established…, your discharges must meet the requirements
of the TMDL and/or its associated implementation plan within any
timeframes established in the TMDL. Monitoring and reporting of the
discharges may also be required as appropriate to ensure compliance
with the TMDL.
2. …you must incorporate any limitations, conditions, and requirements
applicable to your discharges into your SWMP to ensure that the waste
load allocation, load allocation and/or the TMDL’s associated
implementation plan will be met within any timeframes established in
the TMDL. Monitoring and reporting of the discharges may also be
required as appropriate to ensure compliance with the TMDL.
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TMDL Report’s Appendix F for MS4s
“Compliance with the following provisions will constitute
compliance with the requirements of this TMDL”.
1. Bacteria Reduction Plan (submit plan within 12 months of
notification).
2. Bacteria Monitoring Program (submit monitoring schedule
or regional commitment within 18 months and fully
implement within 3 years of notification).
3. TMDL Implementation Report (submit annually with Phase
II Annual Report).
ODEQ has not yet sent out any TMDL Notifications to
start the “Appendix F clock” ticking.
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What’s Driving the New EPA ?
Historically:
• 1990 & 1999 – Phase I & II regulations.
• EPA guidance, memorandums, etc.
• General Permits for each State.
Now:
•
•
•
•
•
•
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Construction ELG’s = rulemaking.
Lawsuits = court mandates.
Continued urban pollution & 303(d) problems.
Fear of more TMDL lawsuits.
New types of TMDLs that address urban NPS.
National Research Council’s stinging report.
Political climate in Washington.
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EPA 2002 Memorandum
From EPA Memorandum, November 22, 2002, “Establishing Total Maximum Daily Load (TMDL)
Wasteload Allocations (WLAs) for Storm Water Sources and NPDES Permit Requirements Based on
Those WLAs”
“EPA expects that most [water quality-based effluent limits] …
will be in the form of BMPs, and that numeric limits will be
used only in rare instances.”
“EPA’s policy recognizes that …storm water discharges are …
not easily characterized, only in rare cases will it be
feasible or appropriate to establish numeric limits for
municipal and small construction storm water discharges.”
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EPA 2010 Memorandum
• “Since 2002, States and EPA have obtained considerable
experience in developing TMDLs and WLAs …. The technical
capacity to monitor stormwater and its impacts …has
increased.”
• Where discharges have the reasonable potential to cause
water quality problems, permits should contain numeric
effluent limitations.
• Measurable Goals should be enforceable provisions.
• PAs should consider BMP numeric benchmarks and
monitoring for estimating BMP effectiveness.
The 2010 EPA Memorandum was pulled for further
consideration due to nationwide concerns.
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Relationship Between Impervious Cover and Stream Quality
60
Watershed Impervious Cover
50
Non-Supporting (> 25%)
40
30
20
Impacted (11 - 25%)
10
Sensitive (0 - 10%)
0
Good
Fair
Low
Level of Stream Quality
Graph by Richard Smith, INCOG
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State or Locality (date enacted)
SizeThreshold
Standard
Vermont
1acre
Capture 90 percent of the annual storm events.
1 acre/100,000 sq ft
outside MS4
Infiltrate, evapotranspireor capture first1.0 inch
from 24-hr storm.
1acre
Infiltrate runoff to achieve 60% -90% of
predevelopment volume based on impervious
cover level.
1 acre
Keep and manage on site 1” rainfall from 24-hour
storm preceded by 48 hours of no rain.
1 acre
Infiltrate, evapotranspire, or capture for reuse
runoff from first 0.5” of rain.
500 sq ft of impervious
cover
Infiltrate 10-yr, 24-hr storm.
10,000 sq ft
Keep and manage the runoff generated from the
first 0.52 inches of rainfall from a 24 hour event
preceded by 48 hours of no measureable
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precipitation.
(2003,draft 2010)
New Hampshire
Wisconsin
(2010)
West Virginia
Montana
(2009)
(2009)
(2009)
Portland,OR
Anchorage,AK
(1990)
(2009)
Data from 2010 EPA PowerPoint
Multi-Pollutant TMDLs & One Target
New EPA strategy: Reducing flow reduces all pollutant loads.

Reduce flow by:
1.
Removing impervious cover,
2.
Disconnecting impervious cover,
3.
Increase use of porous surfaces,
4.
Attenuate impervious cover using flow-based LID.

TMDL goal: Avoids individual pollutant TMDL goals.

Already being done in several EPA Regions.
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Are there any
Questions ?
Photo by Richard Smith, INCOG
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