Total Maximum Daily Loads in MS4 Storm Water Programs.

Total Maximum Total Maximum Daily Loads in Daily Loads in

MS4 Storm Water MS4 Storm Water ProgramsPrograms

When a lake or stream does not meetWater 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.

UnderstandiUnderstanding TMDLsng TMDLs

Total Total PhosphoruPhosphoru

ss

E. coli E. coli bacteribacteri

aa

DissolveDissolved d

OxygenOxygen

Solids/Solids/SedimentSediment

Biota/Biota/FlowFlow

Once a TMDL is developed it is sent to the

Environmental Protection Agency for approval.

Understanding Understanding TMDLsTMDLs

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.

TMDL ImplementationTMDL Implementation

TMDL Implementation TMDL Implementation & The MS4 Permit & The MS4 Permit

1. Both the Watershed and the Jurisdictional permits require municipalities to “identify” and “prioritize” actions that will address the TMDLs in their jurisdictions.

2. In addition, municipalities have a monitoring obligation if they have a Total Phosphorus or E. coli TMDL.

3. However, any permittee may select an “alternative” approach over monitoring, if eligible.

So, what does all that mean?

Identify & Prioritize Actions Progress toward meeting

WQS will be long-term. But, over the course of this

permit cycle, permittees need to:

1. Continue implementing current, ongoing, activities;

2. Continue identifying sources,

3. Begin prioritizing, and

4. Eliminate known sources.

These are discussed in detail later.

Monitoring Requirements

Permittees with an E. coli or Total

Phosphorus TMDL must begin monitoring wet

weather discharges.

For details, see the specific document

Storm Water Sampling Guidance for Total Phosphorus & E. coli.

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.

Alternative Alternative ApproachApproach

Both permittees may choose the “alternative” approach instead, (if they

are eligible).

Alternative Alternative ApproachApproach

Permittees must already have information and a plan for prioritizing and controlling Total

Phosphorus and/or E. coli consistent with the TMDL.

Alternative Alternative ApproachApproach

Permittees must also submit their plan for approval.

Refer to the compliance document Alternative Submittals.

Watershed permittees also have a choice to do an “elective” option instead of the specified

monitoring.

Monitoring Requiremen

ts

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.

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 documentMunicipal Separate Storm Sewer System

(MS4) Elective Option -- Watershed Permit

MonitorinMonitoring Resultsg Results

Monitoring results, combined with other Monitoring results, combined with other findings, shall be used to identify further findings, shall be used to identify further actions targeted in the next permit cycle actions targeted in the next permit cycle

(2013) and shall be included in the Second (2013) and shall be included in the Second Progress Report.Progress Report.

Achieving Permit Achieving Permit ComplianceCompliance

Four Steps to identify and prioritize actions:

1.Review TMDL related documents,

2.Identify potential sources of the pollutants and/or problems,

3.Identify actions to address those sources, and

4.Prioritize those actions.

Step 1. Review TMDL documents

Three important documents include:1. Total Maximum Daily Load Reports 2. Watershed Management Plans3. TMDL Implementation Plans

Most TMDL Reports identify contributing

land areas and potential sources of pollutants. And, if

available, WMPs may also contain important information on sources

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

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.

Step 2. Identify potential sources

Step Step 3. 3.

IdentifIdentify y

ActionActionss

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.

Step Step 3. 3.

IdentifIdentify y

ActionActionss

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.

Once a list of actions has

been identified, prioritize it

for implementati

on and include those

that are ongoing.

Step 4. Prioritize Step 4. Prioritize ActionsActions

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.

Step 4. Step 4. PrioritizPrioritiz

e e ActionsActions

 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.

Step 4. Step 4. Prioritize Prioritize ActionsActions

Remember, permittees must continue to evaluate the cause and implement what is practicable for all regulated areas and all

potential problems.

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.

Achieving Achieving Permit Permit

ComplianceCompliance

New prioritized actions shall be specified in the

Second Progress Report (due 2013),

with implementation targeted in the

next permit cycle in 2013.

The Saga The Saga Continues…Continues…

Specific TMDL guidance documents are divided up by:

E. ColiTotal PhosphorusDissolved Oxygen

& Biota

All compliance assistance documents can be found at

www.michigan.gov/deqstormwater

Some Details on the Some Details on the Federal Regulations for Federal Regulations for

TMDLsTMDLs

Section 303 of the Clean Water Act Section 303 of the Clean Water Act (Water Quality Standards and Implementation (Water Quality Standards and Implementation

Plans)Plans)

&&

Section 314 of the Clean Water Act Section 314 of the Clean Water Act (Clean Lakes) (Clean Lakes)

Section 314(a)Section 314(a)

The Clean Water Act, under The Clean Water Act, under 314(a), requires states to 314(a), requires states to submit a biennial report on submit a biennial report on the quality of their water.the quality of their water.

The (Integrated) Reports are The (Integrated) Reports are sent to, and approved by, sent to, and approved by, EPA and sent to the US EPA and sent to the US Congress Congress

Michigan’s Integrated Reports can be Michigan’s Integrated Reports can be found at:found at:

www.michigan.gov/deq/

Go to water, then water quality monitoring, Go to water, then water quality monitoring, then then

assessment of Michigan waters. Underassessment of Michigan waters. Underinformation, download the Integrated information, download the Integrated

Report.Report.

Section Section 303(d)303(d)

Section 303(d) is a Section 303(d) is a list of water bodies list of water bodies not attaining WQS not attaining WQS and requires and requires development of a development of a TMDL for each.TMDL for each.

The list is updated The list is updated every 2 years and every 2 years and public noticed.public noticed.

The list must The list must identify the year the identify the year the TMDL will be TMDL will be developeddeveloped

A TMDL must be A TMDL must be produced for each produced for each impaired water bodyimpaired water body

Section Section 303(d)303(d)

Water bodies may be “de-listed” (from the Water bodies may be “de-listed” (from the 303(d) list) based on new information that show 303(d) list) based on new information that show WQS attainment. WQS attainment.

Restoration actions may preclude the need for Restoration actions may preclude the need for TMDL development, and “de-list” the water body.TMDL development, and “de-list” the water body.

However, once a TMDL is developed, it never However, once a TMDL is developed, it never goes away.goes away.

TMDLs must be developed within 13 years of TMDLs must be developed within 13 years of listing.listing.

Section Section 303(d)303(d)

Approved TMDLs Approved TMDLs

Approved TMDLs can be found at:

www.michigan.gov/deq/

go to water, then water quality go to water, then water quality monitoring, then assessment of monitoring, then assessment of

Michigan waters. Under Michigan waters. Under information, go to Total Maximum information, go to Total Maximum

Daily LoadsDaily Loads

Remember:Remember:TMDLs TMDLs NEVERNEVER go Away go Away

The best way to The best way to notnot have a TMDL added to have a TMDL added to the permit is to get it “de-listed” from the the permit is to get it “de-listed” from the 303(d) list 303(d) list BEFOREBEFORE the TMDL is written. the TMDL is written.

That means start working on achieving WQS That means start working on achieving WQS in the areas that are on the 303(d) list. in the areas that are on the 303(d) list. Don’t wait.Don’t wait.

Post-Construction controls in Post-Construction controls in ALLALL areas of areas of your jurisdiction is just a start (but probably your jurisdiction is just a start (but probably not enough).not enough).

Remember:Remember:TMDLs TMDLs NEVERNEVER go Away go Away

Permits may be modified after the Permits may be modified after the water body is no longer impaired.water body is no longer impaired.

However, the water body will not be However, the water body will not be assessed to prove this until a assessed to prove this until a significant amount of corrective significant amount of corrective actions have taken place where it is actions have taken place where it is reasonable to perform a follow-up reasonable to perform a follow-up investigation.investigation.

Ultimate Ultimate Goal =Goal =Meet Water Quality

Standards

Questions on 303(d) Questions on 303(d) Listings or Federal Listings or Federal

TMDL Requirements?TMDL Requirements?

Christine AlexanderSurface Water Assessment

517-373-6794Alexanderc2@michigan.

gov

Questions on MS4 Permit Questions on MS4 Permit Compliance?Compliance?

contact the appropriate contact the appropriate Department staff for your Department staff for your

permit.permit.