Total Maximum Daily Loads in MS4 Storm Water Programs

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Total Maximum Daily Loads in MS4 Storm Water
Programs
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Understanding TMDLs
When a lake or stream does not meet Water Quality
Standards (WQS) a study must be completed to
determine the amount of a pollutant that is
allowed to be put into that water body, yet still
meet WQS.
Total Phosphorus
E. coli bacteria
Dissolved Oxygen
Solids/Sediment
Biota/Flow
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Understanding TMDLs
Once a TMDL is developed it is sent to the
Environmental Protection Agency for approval.
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TMDL Implementation
After it is approved, the state is required to
implement the TMDL so the water body will
eventually meet WQS. Implementation is
achieved through such programs as permits and
nonpoint source controls.
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TMDL Implementation The MS4 Permit

• Both the Watershed and the Jurisdictional permits
  require municipalities to identify and
  prioritize actions that will address the TMDLs
  in their jurisdictions.
• In addition, municipalities have a monitoring
  obligation if they have a Total Phosphorus or E.
  coli TMDL.
• However, any permittee may select an
  alternative approach over monitoring, if
  eligible.
• So, what does all that mean?

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Identify Prioritize Actions

• Progress toward meeting WQS will be
  long-term. But, over the course of this permit
  cycle, permittees need to
• Continue implementing current, ongoing,
  activities
• Continue identifying sources,
• Begin prioritizing, and
• Eliminate known sources.

These are discussed in detail later.
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Monitoring Requirements
Permittees with an E. coli or Total Phosphorus
TMDL must begin monitoring wet weather discharges.
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Monitoring Requirements
Basics one representative sample of a storm
water discharge from at least 50 of the major
discharge points (36 at widest cross-section)
discharging directly to surface waters of the
state.
For details, see the specific document Storm
Water Sampling Guidance for Total Phosphorus
E. coli.
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Alternative Approach
Both permittees may choose the alternative
approach instead, (if they are eligible).
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Alternative Approach
Permittees must already have information and a
plan for prioritizing and controlling Total
Phosphorus and/or E. coli consistent with the
TMDL.
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Alternative Approach
Permittees must also submit their plan for
approval. Refer to the compliance document
Alternative Submittals.
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Monitoring Requirements
Watershed permittees also have a choice to do an
elective option instead of the specified
monitoring.
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Elective Option
This option was designed for permittees to work
collaboratively with their partners and allows
more flexibility for overall program success with
the watershed management plan.
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Elective Option
Although it does not require Department approval,
the plan must be detailed in the SWPPI and may be
reviewed for deficiencies. For details, see the
specific document Municipal Separate Storm Sewer
System (MS4) Elective Option -- Watershed Permit
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Monitoring Results
Monitoring results, combined with other findings,
shall be used to identify further actions
targeted in the next permit cycle (2013) and
shall be included in the Second Progress Report.
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Achieving Permit Compliance

• Four Steps to identify and prioritize actions
• Review TMDL related documents,
• Identify potential sources of the pollutants
  and/or problems,
• Identify actions to address those sources, and
• Prioritize those actions.

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Step 1. Review TMDL documents
Three important documents include 1. Total
Maximum Daily Load Reports 2. Watershed
Management Plans 3. TMDL Implementation Plans
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Most TMDL Reports identify contributing land
areas and potential sources of pollutants. And,
if available, WMPs may also contain important
information on sources
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Step 2. Identify potential sources
While this will not be discussed in detail,
having an understanding of land use, flow, or
specific areas of concern may help identify
potential sources. For more information, see
the specific guidance on Addressing Total
Maximum Daily Loads in MS4 Urban Storm Water
Programs
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Step 2. Identify potential sources
The Storm Water Sampling Guidance for Total
Phosphorus and E. coli outlines the process of
identifying sources for E. coli and Phosphorus,
while the permit outlines priority areas in the
IDEP section.
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Step 3. Identify Actions
Addressing Total Maximum Daily Loads in MS4 Urban
Storm Water Programs lists actions that
typically address sources of problems. The list
may help permittees choose relevant actions.
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Step 3. Identify Actions
Some actions may require collaboration. In those
instances, identify roles and responsibilities
for each jurisdiction. Permittees should
implement actions that are relevant and in areas
that make sense.
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Step 4. Prioritize Actions
Once a list of actions has been identified,
prioritize it for implementation and include
those that are ongoing.
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Step 4. Prioritize Actions
Permittees should prioritize actions based on
known sources and low hanging fruit.  These
actions will need to be included in the
SWPPI/SWMP with implementation this permit cycle.
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Step 4. Prioritize Actions
 Once monitoring is complete, a second
prioritization process will be necessary.  The
monitoring results can be used to identify and
prioritize additional actions where necessary.
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Remember, permittees must continue to evaluate
the cause and implement what is practicable for
all regulated areas and all potential problems.
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Achieving Permit Compliance
It does not make sense to completely start over
when you are implementing something that makes
sense, nor does it make sense to continue
implementing something that does not work.
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The Saga Continues
New prioritized actions shall be specified in the
Second Progress Report (due 2013), with
implementation targeted in the next permit cycle
in 2013.
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Specific TMDL guidance documents are divided up
byE. ColiTotal PhosphorusDissolved Oxygen
Biota
All compliance assistance documents can be found
at www.michigan.gov/deqstormwater
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Some Details on the Federal Regulations for TMDLs
Section 303 of the Clean Water Act (Water
Quality Standards and Implementation
Plans)Section 314 of the Clean Water Act
(Clean Lakes)
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Section 314(a)

• The Clean Water Act, under 314(a), requires
  states to submit a biennial report on the quality
  of their water.
• The (Integrated) Reports are sent to, and
  approved by, EPA and sent to the US Congress

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Michigans Integrated Reports can be found
at www.michigan.gov/deq/ Go to water, then
water quality monitoring, then assessment of
Michigan waters. Under information, download the
Integrated Report.
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Section 303(d)

• Section 303(d) is a list of water bodies not
  attaining WQS and requires development of a TMDL
  for each.
• The list is updated every 2 years and public
  noticed.

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Section 303(d)

• The list must identify the year the TMDL will be
  developed
• A TMDL must be produced for each impaired water
  body

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Section 303(d)

• Water bodies may be de-listed (from the 303(d)
  list) based on new information that show WQS
  attainment.
• Restoration actions may preclude the need for
  TMDL development, and de-list the water body.
• However, once a TMDL is developed, it never goes
  away.
• TMDLs must be developed within 13 years of
  listing.

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Approved TMDLs
Approved TMDLs can be found at
www.michigan.gov/deq/ go to water, then water
quality monitoring, then assessment of Michigan
waters. Under information, go to Total Maximum
Daily Loads
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RememberTMDLs NEVER go Away

• The best way to not have a TMDL added to the
  permit is to get it de-listed from the 303(d)
  list BEFORE the TMDL is written.
• That means start working on achieving WQS in the
  areas that are on the 303(d) list. Dont wait.
• Post-Construction controls in ALL areas of your
  jurisdiction is just a start (but probably not
  enough).

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RememberTMDLs NEVER go Away

• Permits may be modified after the water body is
  no longer impaired.
• However, the water body will not be assessed to
  prove this until a significant amount of
  corrective actions have taken place where it is
  reasonable to perform a follow-up investigation.

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Ultimate Goal
Meet Water Quality Standards
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Questions on 303(d) Listings or Federal TMDL
Requirements?
Christine Alexander Surface Water
Assessment 517-373-6794 Alexanderc2_at_michigan.gov
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Questions on MS4 Permit Compliance?contact the
appropriate Department staff for your permit.