Transcript Allen Berthold Texas Water Resources Institute Review: Clean Water Act  Goal of CWA is to restore and maintain water quality suitable for.

Allen Berthold
Texas Water Resources Institute
Review: Clean Water Act
 Goal of CWA is to restore and maintain water quality
suitable for the “protection and propagation of fish,
shellfish, wildlife and recreation in and on the water”
 Implemented primarily by the U.S. Environmental
Protection Agency (USEPA)
 CWA requires that all waterbodies exceeding a state’s
water quality standards be identified
 Those identified are placed on the (Texas) Integrated
Report for Clean Water Act Sections 305(b) and 303(d)
 CWA also requires that states develop an approach to
address each impairment
Alternatives for Addressing
Impairments (TMDL/TMDL I-Plan)
 Total Maximum Daily Load (TMDL)
 TMDL = WLA + LA + MOS



WLA = Waste load Allocation = regulated sources
LA = Load Allocation = non-regulated sources
MOS = margin of safety
 Implementation Plan
 Developed by local stakeholders
 Typically a 3-5 year plan of activities
 Revised periodically to evaluate the process of improving
water quality and adapted as necessary
Alternatives for Addressing
Impairments (WPP)
 Watershed Protection Plans (WPPs) are coordinated
frameworks for implementing prioritized and integrated
protection and restoration strategies driven by
environmental objectives
 Holistically address all sources of impairments to a water
body
 Developed by the local stakeholders and meets EPA 9 Key
Elements
 Typically a 10-15 year plan of activities
 Makes use of adaptive management to modify the plan
according to stakeholder input and observed water quality
Similarities of TMDLs/TMDL I-Plans
and WPPs
 Goal: Improve water quality in




rivers, lakes and bays
Define actions needed to
reduce pollution and restore
water quality
Provides estimated loading
limits
Can use simplistic or complex
analytical tools (e.g., water
quality models)
Uses existing data and can
include additional data
collection if necessary
 Developed in coordination
with local and regional
stakeholders
 Implementation of measures
eligible for grant funds
 Implementation of nonpoint
source control measures
currently voluntary
• Law suits or changes in CWA
could result in compulsory
implementation
Differences of TMDLs/TMDL I-Plans
TMDL and TMDL I-Plan
WPPs
Results in automatic removal from 303(d)
list
Can result in removal from 303(d) list
though 4b process
TMDL approved by State and EPA
TMDL I-Plan only approved by State
WPP acceptance by State and EPA (i.e.,
determination of consistency with nineelement guidance)
Focused on singular pollutants in most
cases
Pollutant focus is determined by
stakeholders
TMDLs are set at full permitted flow
allowing for more generous WLA
End points and flow conditions must be
consistent with EPA nine element
guidelines
Implementation of point source control
measures currently compulsory
Implementation of point source control
measures currently voluntary
Annual stakeholder meeting required
following development to evaluate
implementation progress
Quarterly stakeholder meetings generally
held to assess and maintain
implementation efforts
Timeline of Planning though
Implementation
TMDL and TMDL I-Plan
WPPs
Begin forming/working with
workgroups immediately
Grant proposal developed/submitted
and planning would begin Sept. 2013 if
funded
Development of Plan: 1 – 2 years
• Funded by State
Development of Plan – ≥ 3 years
• Funded by EPA or other funding
source
Implementation Period: ~5 year plan
outlined in I-Plan
Implementation Period: ~10 year plan
outlined in WPP
Evaluate and revise every 5 years or as
needed
Evaluate and revise as outlined in the
WPP
Questions/Discussion
Kevin Wagner, PhD
Texas Water Resources
Institute
[email protected]
979-845-2649
Allen Berthold
Texas Water Resources
Institute
[email protected]
361-318-8780