United State*              Office of Water Regulations
                 Environmental Protection          and Standards
                 Agency                 Washington, D.C. 20460

                 Water
EPA            Guidance for the
                 Implementation of
                 Section 303(d)/Total Maximum
                 Daily Loads
                 Draft 05/17/90

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Guidance for the Implementation of Section
     303(d)/Total Maximum Daily Loads
                       Draft
                     May 1990
           Assessment and Watershed Protection Division
              U.S. Environmental Protection Agency
                 Washington, D.C. 20460

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This guidance will be reviewed and revised periodically to reflect changes in EPA's strategy for
the implementation of water quality-based controls, to inlcude new information, or to clarify/up-
date the text.  Comments are invited and will be considered in these revisions.  Comments or
inquiries should be directed to :

                   Monitoring Branch
                   Monitoring and Data Support Division (WH-553)
                   U.S. Environmental Protection Agency
                   401 M St. SW
                   Washington, D.C. 20460

                   Attention:  Ed Drabkowski

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Letter of Transmittal

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                                                                                Draft 051 15190
  GUIDANCE FOR THE IMPLEMENTATION OF SECTION 303(d)/TOTAL MAXIMUM DAILY LOADS
EXECUTIVE SUMMARY                                                                  i

CHAPTER 1 - INTRODUCTION                                                           1

Purpose of Guidance                                                                      2

Summary of Section 303(d) Requirements                                                     2
       Regulatory Definitions                                                              2
       Requirements                                                                     3
       Definitions for EPA Tracking                                                        4

Statement of Policy                                                                       5

Roles of EPA and States                                                                   7

CHAPTER 2 - SECTION 303 (d) AND THE WATER QUALITY-BASED STANDARDS TO
           PERMITS PROCESS                                                          9

Standards-to-Permits Process                                                               9
       Identify and Prioritize Waters Needing Water Quality-based Controls                        9
       Review & Revise/Reaffirm Water Quality Standards                                     13
       Develop Water Quality-based Controls                                                14
       Implement Controls                                                               15
       Assess Result of Controls                                                          15

Geographical Approach                                                                  16

CHAPTER 3 -- DEVELOPING TMDLs/WLAs/LAs                                             19

Technical Considerations                                                                 19
       TMDL Process                                                                   19
       Mathematical Models                                                              20
       Multiple Discharges                                                               22
       Allocation of Loads                                                               23
       Allocation Trading                                                                24
       Persistent and/or Highly Bioaccumulative Pollutants                                     24
       Use of Two-number Criteria                                                        25
       Sediment Issues                                                                  26

Control Measures                                                                       26
       Incorporating TMDLs/WLAs/LAs into permits                                         27
       Nonpoint source controls - BMP Effectiveness Strategy                                  30
       Phased Approach for TMDLs                                                       3 1

CHAPTER 4 - IMPLEMENTATION                                                        35

EPA/State Agreements                                                                   35

State Responsibilities                                                                     35
       Development of Schedules and Timing                                                35
       TMDL, WLA, and LA Development                                                 36
       Continuing Planning Process                                                        38
       Water Quality Management Planning                                                 38
       Public Notice and Participation                                                      38
       Reporting                                                                       39
       Specific Requirements                                                             39

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Draft 05/15190
EPA Responsibilities                                                                  40
       TMDL Review and Approval                                                     40
       Tracking                                                                     42
       Program Audits                                                                42
       Technical Assistance and Training                                                 43
       Guidance Documents and Reports                                                 43
       EPA Headquarters Responsibilities                                                43
       EPA Regional Responsibilities                                                   44

APPENDIX A   SCREENING CATEGORIES                                              45

APPENDIX B   RELATIONSHIP TO OTHER PROGRAMS                                  47
       Monitoring Program                                                           47
       Section 304(1) - Impaired Waters                                                 47
       Section 319 ~ Nonpoint Source Program                                            47
       Section 305(b) - Water Quality Assessment                                          48
       EPA Criteria and Standards                                                      48
       Marine and Estuarine Waters                                                     49
       Groundwater                                                                 49
       NPDES Permits and Individual Control Strategies                                     49

APPENDIX C   RELATIONSHIP TO OTHER GUIDANCE                                   51
       Monitoring Guidance                                                           51
       Wasteload Allocation Technical Guidance                                           51
       Cooperative Monitoring                                                         51
       Technical Support Document for Water Quality-based Toxics Control                     52
       Permit Writers Guidance                                                        52
       Nonpoint Source Guidance                                                       53
       Antidegradation and Antibacksliding                                               53

APPENDIX D   SUMMARY OF AVAILABLE MATHEMATICAL MODELS                      54

APPENDIX E   GENERAL OUTLINE EPA/STATE AGREEMENT FOR DEVELOPMENT
              OF TMDLs, WLAs, and LAs                                              59

APPENDIX F   EXAMPLE TRANSMITTAL LETTERS                                      60

LIST OF ACRONYMS                                                                 65

SELECTED OFFICES, DIVISIONS, BRANCHES, AND SECTIONS WITHIN EPA                 66

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                                                                                         Draft 05115190
                                    EXECUTIVE  SUMMARY


This guidance document focuses on the Clean Water Act requirements under section 303(d) for the setting of total
maximum daily loads (TMDLs) for waters where effluent limitations are not stringent enough to meet State water
quality standards. The responsibility for overseeing the implementation of section 303(d) by the States is with the
EPA Regional offices and the EPA Headquarters' Office of Water Regulations and Standards.. This guidance is
intended for the use of State and EPA program managers to implement section 303(d) requirements. Technical
guidance is referenced and available for technical personnel responsible for developing TMDLs.

Total maximum daily loads include wasteload allocations (WLAs) for point source dischargers and load allocations
(LAs) for nonpoint source discharges.  TMDLs represent the cumulative allowable loading to a waterbody.

EPA's surface water quality strategy is to ensure that current levels of controls on traditional point source
dischargers are in place and are  maintained.  Where these traditional controls  are not sufficient and baseline
controls for non-traditional controls (i.e., best management practices for nonpoint sources, combined sewer
overflows, and stormwater discharges) are not yet in place, States should implement specific available  practical
controls for the non-traditional sources causing the most serious impacts.  If additional controls are still needed
to meet water quality standards, site-specific TMDLs would be developed.

Section 3Q3(d) Process

The implementation of section 303(d) can be described by a five-stepped process generally known as the "Water
Quality-based Standards to Permits" process. The steps in this process are: 1) identify and prioritize waters needing
water quality-based controls, 2) review and revise or reaffirm water quality standards, 3) develop water quality-
based controls (TMDLs, WLAs, LAs), 4) implement controls, and 5) assess results of controls.

EPA encourages the States to develop TMDLs in geographically targeted areas. Water quality management on a
broader geographic scale promotes efficient use of resources and effective management.  Several States  are
developing their programs following this concept.

Developing TMDLsAVLAs/LAs

After identifying needing water qulatiy-based controls, the TMDL process has four steps: 1) selecting the pollutant
to consider, 2) estimating the pollutant loading, 3) predicting pollutant concentrations, and 4) allocating pollutant
loads to meet water quality standards.

To aid in developing a TMDL, mathematical models have been developed for predicting characteristics of both
point and nonpoint  source  pollutants.  Each  model has a particular  characteristic that makes  it suitable  for
application based on four categories: temporal/spatial characteristics; specific constituents; processes simulated;
and transport  processes.  Other considerations that must be decided include model  selection based on its
application to the situation, appropriateness, and practical constraints.

Models provide the necessary information to enable the allocation of loadings among pollution sources. Some
innovations in allocating loads include trading loads between point and nonpoint sources which have demonstrated
cost savings.

Adequate site-specific information is needed to calibrate and verify mathematical procedures used during analysis.
Often, sufficient data is not available, particularly where load allocations from nonpoint sources are concerned.
To deal with these situations, EPA recommends that a phased approach to TMDL development be followed.

The phased approach establishes a process resulting in a final TMDL with a full margin of safety and includes the
following steps:

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Draft 05115/90
Phase I

     • Establish/maintain point source controls.
     • Establish practical NPS controls using best professional judgement (BPJ) and available data.
     • Begin collection of data on NPS loadings, etc.

Phase II

     • Develop provisional TMDL using NPS load/reduction estimates.

Phase III

     • Develop final TMDL.
     • Review/revise point source controls, if necessary.
     • Establish/revise NPS controls.

Program Implementation

EPA and the States have separate responsibilities for implementing section 303(d) requirements. Each State has
the responsibility for working with EPA to develop its schedules and timing for setting TMDLs based on its
identification and prioritization of waters needing water quality-based controls and reporting progress in complet-
ing the TMDLs.

EPA is responsible for seeing that the mandates regarding TMDL development are carried out, that program and
technical guidance is provided, and that adequate training and assistance is made available. EPA Regional offices
are responsible for reviewing and approving State submitted TMDLs and the lists of waters (and loads) still needing
TMDLs. EPA is also responsible for tracking the progress being made in TMDL development by the States and
in conducting general audits on their accomplishments.

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                                                                                      Draft 05115190
                                                                             CHAPTER 1
                                                                    INTRODUCTION
Under the Clean Water Act (CWA), the States and the Environmental
Protection Agency (EPA), in cooperation with State and local govern-
ments and other federal agencies, are responsible for restoring and
maintaining the chemical, physical, and biological integrity  of the
nation's waters. Two key tools for water quality management are the
Total Maximum Daily Load (TMDL) process and monitoring.  The
principal focus of this guidance is the TMDL process which is man-
dated under section 303(d) of the Clean Water Act (CWA). The EPA
Office of Water Regulation and Standards, Assessment and Water-
shed Protection Division (AWPD) is  responsible for developing
guidance and technical support for TMDL development and monitor-
ing within the Monitoring Branch.  AWPD is also responsible for
exposure assessments (e.g., National Bioaccumulation Study), infor-
mation services (e.g., databases), and special studies through the
Water Quality Analysis Branch. The Nonpoint Source Control Branch
is responsible for clean lakes program and nonpoint source  (NFS)
evaluation and controls.

Total Maximum Daily Loads (TMDLs), Wasteload Allocations
(WLAs), and Load Allocations (LAs) are water quality planning and
management tools which are  used to establish water quality-based
controls.  The type of TMDL, WLA, or LA needed for a given water-
body will depend on the nature of the water quality problem(s), the
geographic target(s), whether the problem is localized or basin-wide,
and the characteristics of the receiving water (e.g., complexity of
natural circulation and mixing process, existence of multiple overlap-
ping discharges, influences from NPS).

This guidance is composed of four chapters. Chapter 1 describes the
requirements of section 303(d) of the Clean Water Act and the as-
sociated development of TMDLs, WLAs, and LAs.  Identification and
prioritization of waters needing TMDLs and the Standards to Permits
process are described in Chapter 2. Technical considerations  and
available  control measures are summarized in Chapter 3.  Chapter 4
describes State and EPA responsibilities in implementing the section
303(d) requirements.

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Draft 05115190
      Purpose of Guidance
  Summary of Section 303 (d)
          Requirements

       Regulatory Definitions
                                       The purpose of this document is to provide the States and the EPA
                                       Regional offices guidance on implementing the section 303(d) require-
                                       ment of the Clean Water Act for developing water quality-based
                                       controls.  TMDLs, WLAs, and LAs are required for water quality
                                       limited segments needing more stringent controls to meet water quality
                                       standards. The guidance defines TMDLs, WLAs, and LAs in accord-
                                       ance with EPA regulations and establishes definitions for purposes of
                                       tracking TMDL development. Also, the guidance addresses EPA's
                                       objectives of geographic targeting for nonpoint sources, time sequenc-
                                       ing for TMDL development, phasing of TMDL development where
                                       background NFS data may not be assessable, tracking the status of
                                       actions on priority water quality-limited segments for both clean-up
                                       purposes and preventive actions, and  discusses related technical
                                       aspects of the program.
                                       The Water Quality Planning and Management regulation  establishes
                                       definitions for TMDLs, WLAs, and LAs. These definitions help pro-
                                       vide for national consistency in developing water quality-based con-
                                       trols.

                                           • Total Maximum Daily Loads — The sum of the individual
                                             WLAs for point sources and LAs for nonpoint sources and
                                             natural background. If a receiving water has only one point
                                             source discharger, the TMDL is the sum of the point source
                                             WLA plus the LAs for any nonpoint sources of pollution and
                                             natural background sources, tributaries, or adjacent seg-
                                             ments. TMDLs can be expressed in terms of either mass per
                                             time, toxicity, or other appropriate measure. If Best Manage-
                                             ment Practices (BMPs)  or other nonpoint source pollution
                                             controls make more stringent load allocations practicable,
                                             then WLAs can be made less stringent. Thus, the TMDL
                                             process provides for nonpoint source control tradeoffs.
                                           • Wasteload Allocation ~ The portion of a receiving water's
                                             loading capacity that is allocated to existing or future point
                                             sources of pollution. WLAs constitute a type of water quality-
                                             based effluent limitation.
                                           • Load Allocation — The portion of a receiving water's loading
                                             capacity that is attributed either to one of its existing or fu-
                                             ture nonpoint sources of pollution or to natural background
                                             sources. Load allocations are best estimates of the loading,
                                             which may range from reasonably accurate estimates to gross
    40 CFR 130.2

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                                                                                          Draft 05/15190
      allotments. This will depend on the availability of data
      and appropriate techniques for predicting the loading.
      Wherever possible, natural and nonpoint source loads
      should be distinguished.

A TMDL is a numerical quantification of the pollutant loading which
can be received by a waterbody and is based on the applicable State
water quality standard. The TMDL is comprised of WLAs for point
sources (e.g., industrial and municipal discharges), LAs for NPSs (e.g.,
agriculture, construction, silviculture), and a margin of safety.  The
margin of safety is related to the uncertainty associated with estimating
loading capacities and the data or information available for a given
pollution problem. A greater margin of safety is associated with load
estimates which have larger uncertainties.
Section 303(d)  of the Clean Water Act requires States to identify
waters that do not meet applicable water quality standards (including
thermal discharges) with technology-based controls alone. The States
are also required to establish a priority ranking for these waters, taking
into  account the pollution severity and designated uses of waters.
TMDLs are to be established and approved for pollutants (and thermal
discharges) in order to  achieve applicable water quality standards.
TMDLs must allow for seasonal variations and a margin of safety which
account for any lack of knowledge concerning site-specific discharge
conditions.  In so doing, the States are to determine a TMDL for a
waterbody and to develop WLAs and LAs for related point source and
nonpoint  source discharges to the same waterbody, respectively.
TMDLs, WLAs, and LAs must be established to meet antidegradation
and antibacksliding requirements.

Furthermore, States are required to submit to EPA "waters identified
and (pollutant) loads established"  from time to time for review and
approval by EPA. After approval by EPA, States are to adopt these
pollutant loads into their continuing planning process (CPP). If dis-
approved by EPA, EPA will identify these waters and develop TMDLs
with related WLAs and LAs to be  incorporated into the State's CPP.
Similar requirements for developing TMDLs are  established for
waters that were not identified under  section 303(d)(l)(A) of the
CWA, for the specific purpose of developing information.   EPA has
interpreted this requirement to be completed as State resources allow.5
As a result, States may develop TMDLs for waters that are not im-
paired (e.g., threatened good quality waters).
                                                                              Requirements
2   CWA section 303(d)(l)(C)
3   CWA section 303(d)(2)
4   CWA section 303(d)(3)
5   40 CFR 130.7(e)

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Draft 05115190
    Definitions for EPA Tracking
                                       If States do not submit a list of waters or required TMDLs to EPA,
                                       EPA must interpret this as a constructive submission meaning that
                                       there are no waters needing TMDLs in that State. It is incumbent on
                                       EPA to approve or disapprove this submission. Should EPA disap-
                                       prove a constructive submission, it is EPA's duty to identify waters
                                       needing new or revised TMDLs. Similarly, if a State has defaulted to
                                       act over a long period of time, it is EPA's duty to establish TMDLs as
                                       necessary to carry out the goals and objectives of the Clean Water Act.6
                                       In either case, it is EPA's strong preference to work with the States in
                                       identifying waters and developing TMDLs.
                                       For EPA to track the progress of TMDL, WLA, and LA development
                                       at a national level, uniform definitions are necessary.  In general,
                                       WLAs represent the allowable loading allocated to the point sources,
                                       LAs represent the allowable loadings to nonpoint sources, and
                                       TMDLs represent the cumulative allowable loading to the waterbody
                                       as described in the previous section.  The following definitions,
                                       developed by EPA, should be followed for the purposes of tracking
                                       TMDL, WLA, and LA development.

                                           •  One discharger will count as one  WLA, even if the discharger
                                             has multiple water quality-based parameters; revisions or ad-
                                             ditions to the WLA will count as an additional WLA.
                                           •  One LA will be counted for the estimate given to a nonpoint
                                             pollution source which results in projected BMP controls;
                                             multiple pollutants from the same nonpoint source do not
                                             count as additional LAs unless different BMP controls are
                                             projected; revisions or additions to the LA will count as an
                                             additional LA.
                                           •  One waterbody will count as one TMDL; the State-defined
                                             water quality standard segment or the state-defined water
                                             quality planning segment shall be used to delineate water-
                                             bodies; if the water quality-based controls are designed to
                                             protect more than one such waterbody (e.g., large basins),
                                             more than one TMDL should be counted.  For example, a
                                             TMDL developed for a watershed which is composed of six
                                             segments would count as six TMDLs.

                                       All TMDLs, WLAs, and LAs should be tracked separately to provide
                                       additional information to program administrators. In order to recog-
                                       nize the different level of effort that is associated with the development
                                       of some TMDLs, WLAs, and LAs, Regions should distinguish (count)
                                       complex TMDLs. WLAs, and LAs. The intent is  to identify simple
                                       analyses that may be performed quickly with little effort, usually by
                                       permit writers rather than water quality analysts. The Regions should
                                       make the decision relative to complexity during the course of tracking.
    Scott Decision (Scott vs. EPA, Nos. 81-2884 and 81-2885, decided on August 16,1984).

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                                                                                       Draft 05115190
The following examples are described to illustrate what constitute
complex situations.  A "complex" condition exists when any of the
following situations occur:

    • Use of a water quality model is used which is more
      sophisticated than the simple dilution calculation (e.g.,
      continuous, dynamic models, steady state models that
      model non-conservative water quality constituents, 2-d
      and 3-d models, and models that consider sediment inter-
      actions).
    • Use of simple dilution model is used that requires exten-
      sive preparatory work (e.g., lengthy efforts to analyze
      stream flow variables to develop critical flow, lengthy ef-
      forts to analyze water quality data to characterize inputs
      to the dilution model or to calibrate or verify the model).
    • A multiple discharge situation exists where either a
      simple or sophisticated model and a WLA/TMDL dis-
      tribution formula of some form is used (a distribution for-
      mula, for example, may allocate loads on the basis of
      flow, production, or relative water quality impacts).
    • Load allocations (LAs) situations where considerable ef-
      fort is required to assess the transient and permanent na-
      ture of adverse water quality impacts caused by various
      nonpoint sources.
    • Any other situations where Regions feel justified that the
      review or development of a particular WLA or TMDL
      will require attention under EPA's tracking system (e.g.,
      politically sensitive TMDLs, WLAs and LAs requiring
      review by upper management levels).

TMDLs, WLAs, and LAs are to be  counted at the time they  are
approved by EPA. The WLA or LA does not have to be implemented
in a National Pollution Discharge Elimination System (NPDES) per-
mit or BMP control prior to this counting.  Where a water quality
analysis has been performed and it is found that technology-based
requirements are adequate to maintain in-stream standards, the effort
should still be counted as a TMDL but not as a WLA or LA. Where
a water quality analysis has been performed and it is found that the
point  (or  nonpoint source as appropriate)  has been relocated or
eliminated, a WLA (or a LA as appropriate) and a TMDL should still
be counted for tracking purposes, after review of the proposed water
quality-based controls.
                                                                        Statement of Policy
EPA's objective is to first ensure that current levels of controls on
traditional sources are maintained.   Next, States should focus on
geographic targeting of activities for waters that already exhibit sig-
nificant water quality problems or aquatic habitat loss, and waters that
may be pristine or are threatened and in need of protection. In many
of these areas with degraded waters, EPA finds that water quality is
impaired not by traditional sources (such as  industrial and sewage
treatment plant discharges) but by non-traditional sources of pollution

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Draft 05115/90
                                       (such as nonpoint sources, combined sewer overflows, and stormwater
                                       discharges) for which baseline controls are not.yet in place.  EPA's
                                       immediate concern in these areas is to implement practical controls
                                       for the non-traditional sources, while maintaining, or, as necessary,
                                       improving, the current controls on traditional sources.

                                       More intensive assessments of water quality and evaluation of the
                                       sources should be conductedwhere water quality standards violations
                                       or indications of declining water quality or habitat loss are observed
                                       after controls on non-traditional sources are implemented. Allowable
                                       pollution loading should be allocated among all sources on the basis of
                                       water quality, and follow-up monitoring should be conducted peri-
                                       odically to ensure that the water quality standards are met.  (See
                                       phased approach on page 31.)  However, the lack of information about
                                       non-traditional sources should not be used as a reason to delay im-
                                       plementation of water quality-based controls when impairment is at-
                                       tributed to point sources.

                                       Where additional controls (in addition to practical controls) are still
                                       needed to meet water quality standards, site specific TMDLs, WLA,
                                       and LAs should be completed to meet water quality standards.  TMDL
                                       development is the primary method for developing water quality-based
                                       controls hi waterbodies that are dominated by point source pollution
                                       sources.

                                       EPA recommends that States use the TMDL development process  in
                                       their water quality planning and management programs. The recom-
                                       mendations summarized below  are intended to guide  the States  in
                                       managing their surface water quality programs, and are incorporated
                                       throughout the remainder of this guidance.

                                           • Geographic Targets.  States should develop TMDLs which in-
                                             clude both point and nonpoint sources for State identified
                                             waterbodies preferably on a geographically targeted basis.
                                             Waterbodies could include segments, basins, watershed, and
                                             ecoregions as defined by the States. (See  page 16.)
                                           • Threatened Good Quality Waters.  States are expected to in-
                                             clude threatened good quality waters in their identification
                                             and prioritization of waters still needing TMDLS. (See page
                                             11.)
                                           • BMP Effectiveness Strategy.  LAs for NPSs should be accom-
                                             panied by a BMP effectiveness strategy for proposed NPS
                                             reductions. Such plans would be referenced in reviewing
                                             TMDLs for approval. (See page 30.)
                                           • Time Schedule. TMDLs should be developed on a schedule
                                             negotiated with EPA Regional offices.  Tune schedules for
                                             the review of TMDLs should also be negotiated with EPA
                                             Regional offices. (See page 35.)
                                           • Public Participation. States are encouraged to ensure ap-
                                             propriate public participation in the TMDL review process.
                                             (See page 38.)
                                           • Phased Approach for TMDL Development.  When insuffi-
                                             cient data exist to develop TMDLs (due to a lack of data to
                                             quantify NPS loadings), EPA recommends that a phased ap-

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                                                                                         Draft 05/15/90
      proach including an estimated provisional TMDL be es-
      tablished as a practicable control measure toward
      development of a final TMDL. (See page 31.)
      Environmental Indicators. States should measure the ef-
      fectiveness of control actions by monitoring changes in
      ambient water quality or biological conditions. Measur-
      ing environmental progress is a critical need.
      States should perform regulatory monitoring, assess-
      ments and program evaluations as needed to meet the re-
      quirements of the Clean Water Act. States have the
      primary responsibility for monitoring and water quality
      analysis.  In carrying out this responsibility, States are ex-
      pected to implement a balanced monitoring program.
      (See page 39.)
EPA Headquarters will provide overall policy, guidance, technical
assistance, training, and overview of program implementation by the
Regions and States. (See page 43.)

EPA Regions will provide overall policy, guidance, and overview of
program implementation by States.  This includes providing oversight
of the States to ensure that adequate State resources from sections
106/205Q grants are directed to priority activities in monitoring, water
quality analysis, and data reporting. The Regions will also provide
technical assistance and training for States and ensure that needed
water quality-based controls are developed, and provide needed water
quality-based controls  if the State  fails  to act in a timely manner.
Finally, the Regions will implement section 106(e)  requirement for
adequate State monitoring programs and ensure that data are entered
into national data systems.  (See page 44.)
                                                                    Roles of EPA and the States
    USEPA. 1985.  Guidance for State Water Monitoring and Wasteload Allocation Program. EPA
    440/4-85-031. OW/OWRS, Washington, D.C.

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                                                                              Draft 05!15/90
                                                                      CHAPTER!
                                               SECTION 303 (d) AND THE
                                                WATER QUALITY-BASED
                                               STANDARDS TO PERMITS
                                                                         PROCESS
The process for identifying waters needing new or revised TMDLs,
establishing priorities, and developing needed pollution controls is
depicted by Figure 2-1, the Water Quality-Based Standards to Permits
process. The central role in this process is played by the State's water
quality standards. State water quality standards form the basic struc-
ture of the State's water  quality management program and serve to
integrate the various water quality control requirements under section
303(d) into a manageable framework.  The process is then made
effective by issuing water quality-based  permits  to regulate point
source dischargers and  implementing BMPs to  control  nonpoint
polltuion sources, assuring that the water quality standards are met.

This process includes the following steps:

   1.  Identify and prioritize waters needing water quality-based
       controls.

   2.  Review and revise/reaffirm water quality standards.

   3.  Develop water quality-based controls (TMDLs/WLA/LAs).

   4.  Implement controls.

   5.  Assess results of controls.
After technology-based controls on traditional sources are in place,
and practical controls are in place for non-traditional sources, a pro-
cedure is followed where States evaluate environmental data, review
water quality standards, and continue to perform assessments to iden-
tify waters needing water quality-based controls. As required by sec-
tion 303(d), these identified waters  are listed based on the State's
                                                           Standards-to-Permits Process

                                                             Identify and Prioritize Waters
                                                             Needing Water Quality-Based
                                                                      Controls
i£ UjC
^ £*
                                                                                               t
                                                                                               O

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Draft 05115190
                                    Figure 2-1
                 General Elements of the Water Quality-Based
                         Standards-to-Permits Process
                              1. Identify and Prioritize
                                Waters Needing
                                Water Quality-Based
                                Controls
                                  Set control strategies
                                • Implement local
                                  monitoring program
 5. Assess Results of
   Controls
   Monitor point sources
   for compliance
    Monitor to determine
    BMP effectiveness
          2. Review and
             Revise/Reaffirm
             Water Quality
             Standards
    Perform ambient
    monitoring to
    document protection
    of designated
     uses
            4. Implement Controls
              Issue water quality-
              based permits
3. Develop Water
  Quality-Based
  Controls
  (TMDLs/WLAs/LAs)
             • Implement nonpolnt
              source controls (BMPs)
               Update WQMP
10

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                                                                                        Draft 05115 1901
established priorities for developing TMDLs.  Once EPA has ap-
proved the list of waters (and loads) needing new or revised TMDLs
and the priority ranking for these waters, States prepare their annual
work plans to include the TMDL, WLA,  and LA work to be done
during the following year as well as an estimate of work to be done over
the next five years. EPA recommends that States reserve some portion
of their resources to address hot-spots as they occur. The prioritized
list of waters developed by the State may be submitted as part of its
biennial section 305(b) report. As States implement their approved
work plans and submit TMDLs to EPA for approval, the TMDLs and
their component WLAs and LAs are incorporated into the State's
Water Quality Management Plan.
In accordance with the Clean Water Act, States are required to identify
and prepare a list of the waters (and loads) within their boundaries for
which existing pollution control requirements after technology-based
controls are or will not be stringent enough to meet the applicable
water quality standards. States should also include threatened good
quality waters in its lists of waters needing water quality-based controls.
Through the inclusion of waterbodies that are threatened, States may
incorporate a more proactive or preventative water quality manage-
ment policy which is  strongly encouraged by EPA for the  following
reasons:

    • A proactive policy is consistent with 40 CFR 130 which
      requires that TMDLs be established for all pollutants
      preventing or are expected to prevent water quality stand-
      ards from being achieved.
    • It is often easier and less costly in the long term to
      prevent impairments rather than cleaning up pollution
      problems.
    • Meets EPA objectives which support coordination with
      the States in collecting data on impacted or threatened
      waters and implementing State plans for water quality
      monitoring programs.

States should regularly update their lists of waters needing water
quality-based controls as assessments are made.  For example, as new
data are collected and analyzed, it maybe determined that a previously
impaired waterbody is no longer impaired or vice versa.  The list (or
the data base which stores the information to produce the list) is then
updated to reflect this change in status. To demonstrate that environ-
mental results are being achieved, States may provide summary infor-
mation on which waterbodies have been added or deleted from the list
and which waterbodies were assessed since the last reporting period.
    40 CFR 130.6 (c)(l)
                                                                             Identification
^

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                                                                                                  fc'
                                                                                                  11

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      Draft 05115 190
1
I
I
                 Prioritization
$3
 To develop the list of water quality limited waterbodies, States should
 assemble and evaluate existing information on its waterbodies using
 the general guidelines established  under the several  categories of
 waters listed in Appendix A. In addition, data on waters available from
 the Superfund and  Reauthorization Act (SARA), Title  III, Toxic
 Chemicals Release Inventory (TRI) are applicable information for
 listing purposes.  Other data sources may include monitoring/assess-
 ment reports from dischargers, environmental groups, universities, etc.
 Also, States should consider waterbodies that have been previously
 identified under CWA sections 319(a), 304(1), and 305(b) as needing
 additional NFS controls, are water quality limited, are not meeting
 designated uses, or are threatened. Information on these programs is
 presented in Appendix B.

 States must consider the following existing pollution control require-
 ments in identifying waters needing new or revised TMDLs.

    • Technology-based effluent limitations required by:
        -  Sections 301(b), 306,307, and other sections of the CWA.
        -  State or local authority preserved by section 510 of the
           CWA.
        -  Federal law, regulation, treaty, permit, lease, or other
           authority.
    • Water quality-based effluent limitations required by:
        -  Section 301(b)(l)(C) of the CWA and incorporated into
           an approved NPDES permit.
        -  State or local authority preserved by section 510 of the
           Clean Water Act.
        -  Federal law, regulation, treaty, permit, lease, or other
           authority.
    • Other pollution control requirements (e.g., Best Management
      Practices) required by either Federal, State, or local authority.
Section 303(d) also requires each State to establish a priority ranking
for waters identified as needing new or revised TMDLs.  It is recom-
mended that States establish a priority and time frame for developing
TMDLs over the next five years or a period negotiated with EPA
Regions in its State/EPA Agreement (see page 35.)  These waters
should include all segments where TMDLs are needed to support
permits and BMPs during the coming year. Many of these waters do
not fully support designated uses; others waters may be threatened
good quality waters.   Factors that States should consider in setting
priorities include:

    • The severity of the pollution.
    • The uses of the waters.
    • National policies and priorities such as EPA's annual Operat-
      ing Guidance.
    • Court orders and decisions.
   \il2

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                                                                                         Draft 05115190
    • Short-term water program needs; e.g., wasteload alloca-
      tions needed for permits that are coming up for revisions
      or for needed BMPs.
    • Data obtained in the development of the section
      304(1)(1)(A) long list" and the several categories of
      waters.
After waters have been identified and prioritized by States and ap-
proved by EPA, water quality standards for the selected waterbody are
reviewed by the State and revised or reaffirmed. The Water Quality
Standards Regulation  sets forth the policies and procedures States
are to use in the development, review, revision, and approval of water
quality standards. The States have primary responsibility for setting
and enforcing water  quality standards. At a nynimum, States must
hold public hearings for the adoption of water quality standards at least
once every three years. EPA is to ensure that State standards are
consistent with the CWA requirements and water quality standards
regulation. EPA has authority to approve or disapprove State stand-
ards and, when necessary, to promulgate federal water quality stand-
ards.

Standards adopted by  States  are composed of three parts:  an an-
tidegradation statement, designated uses for individual waterbodies,
and a narrative or numerical criteria. According to antidegradation
requirements, if a designated use is currently being  attained, the
waterbody may not be classified for a less stringent use. Likewise, if
the water quality is better than necessary to meet the designated use,
that level of water quality must be maintained unless the State meets
the conditions discussed in the Water Quality Standards regulations.
The criteria adopted in standards may apply State-wide, or may be
designated use specific or waterbody specific. Where narrative criteria
are adopted, the States should indicate as part of its water quality
standards submission how it intends to implement these criteria. In
general, State criteria may be developed for each parameter at two
levels of effect, typically acute and chronic.
UJ


Ul
                                                                    Review and Revise/Reaffirm Water
                                                                           Quality Standards
9   40 CFR 131
                                                                                                   13

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Draft 05115190
    Develop Water Quality-Based
             Controls
                                       EPA recommends adopting two-number acute and chronic criteria
                                       whenever needed. National criteria may be used directly, or may be
                                       adopted using site-specific criteria development protocols outlined in
                                       the Water Quality Standards Handbook. ° Although the proposed
                                       Water Quality Standards regulation  requires that the State's process
                                       for implementing its narrative criterion be described by the State, there
                                       is no requirement that this concentration be adopted as a numerical
                                       criterion in State water quality standards prior to use in developing
                                       water quality-based controls. Additional technical information on use
                                       attainability to support the development of water quality standards is
                                       available from EPA.12
                                       The third step of the standards to permits process is to use water quality
                                       standards as the basis for developing TMDLs, WLA, and LAs. The
                                       TMDL process gives States some flexibility in allocating pollutant
                                       loads among various point and nonpoint sources impacting a water
                                       body. To implement TMDLs, the States develop LAs for nonpoint
                                       sources and WLAs for point sources, in accordance with 40 CFR 130.7.
                                       The LA is that portion of a receiving water's assimilative capacity that
                                       is allocated to existing or future sources of nonpoint pollution or to
                                       natural background sources. The WLA is that portion of the receiving
                                       water's loading capacity allocated to one of its existing or future point
                                       sources of pollution.  For nontoxic pollutants such as biochemical
                                       oxygen demand (which may depress dissolved oxygen levels in the
                                       receiving water)  and  nutrients (which may  cause eutrophication),
                                       mathematical models may be used to determine the pollution loading
                                       consistent with the State's water quality standards and evaluate point
                                       source or nonpoint source tradeoffs. In some simple situations, simple
                                       dilution equations may be adequate for these analyses.  Technical
                                       guidance on the use of mathematical models for developing wasteload
                                       allocations is available from EPA for a number of pollutants and types
                                       of receiving waters (see Appendix C).

                                       For toxic pollutants such as heavy metals, water quality analyses can be
                                       done using one or both of two techniques:   the pollutant-specific
                                       approach and the biomonitoring approach.
10  USEPA. December, 1983. Water Quality Standards Handbook.  OW/OWRS/Washington, D.C.  '
11  40 CFR 131
12  USEPA. November, 1983. Technical Support Manual: Waterbody Surveys and Assessments for
    Conducting Use Attainability Analyses. OW/OWRS, Washington, D.C

    USEPA. 	. Technical Support Manual: Waterbody Surveys and Assessment for Conducting Use
    Attainability Analyses, Volume II Estuarine Systems. OW/OWRS, Washington, D.C.

    USEPA. November, 1984. Technical Support Manual: Waterbody Surveys and Assessments for
    Conducting Use Attainability Analyses, Volume II Estuarine Systems. OW/OWRS, Washington, D.C.
14

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                                                                                         Draft 05/15190
    • The pollutant-specific approach is best suited for situa-
      tions (effluents) with a few well-characterized pollutants
      or when human health is a concern.
    • The biomonitoring approach should be used when the ef-
      fluent is complex or when interactions of effluents in the
      receiving water are of concern.

In many cases, both approaches will be needed. As discussed in
Appendix C EPA has prepared technical guidance on the development
of toxics controls using the pollutant-specific and the biomonitoring
approaches.
States should implement water quality-based controls in order to meet
loads established for individual point and nonpoint sources.  It is the
responsibility of the State to:

    • Delegated States issue water quality-based permits.
    • Implement NFS controls (e.g., BMPs).
    • Update its water quality management plan (WQMP).

Monitoring may be required of dischargers (with appropriate quality
control by the regulatory authority) if existing information is inade-
quate to determine whether water quality-based controls are needed.
As with permits,  construction decisions regarding publicly owned
treatment works (POTWs) or advanced treatments (ATs) must also
be based on the most stringent of technology-based or water  quality-
based limitations.  These decisions should be coordinated so  that the
decision taken on the treatment facility is consistent with the limitations
in the permit.  Implementation of BMPs should be coordinated with
other agencies to ensure that  desired environmental results are
achieved.  Since many implemented BMPs are not regulated, States
should establish a BMP effectiveness strategy which is used as a guide
for how States expect to meet LAs.  This strategy should be designed
such that States can track BMP implementation and overall effective-
ness to ensure that progress  is made towards meeting LAs.   This
strategy should also describe the coordination which may be necessary
with other State agencies, landowners, operators, and managers.  (See
page 30 for a discussion on BMP effectiveness strategy.)
Once water quality-based controls are in place, States should assess
environmental results. To facilitate State assessment, dischargers are
required to provide reports on compliance with NPDES permit limits.
They may also be required to assess the impact of their discharge on
the receiving water to ensure that the expected water quality is ac-
complished and water quality standards are met. Effluent and ambient
data collection requirements may be written into dischargers' permits
to assess the effectiveness of controls and to ensure that the designated
use of the water is maintained.  If a State has not been approved to
implement the NPDES program, permitting and compliance reviews
of all permittees in that State are the responsibility of the EPA.  In a
State with approved NPDES authority, EPA retains oversight respon-
                                                                          Implement Controls
                                                                       Assess Results of Controls
                                                                                                   15

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Draft 05115190
    Geographical Approach
                                       sibility for the State compliance program and authority to conduct
                                       compliance and enforcement in that State as necessary.  Adequate
                                       monitoring should be provided to ensure that BMPs are meeting their
                                       designed goals. States are encouraged to use innovative monitoring
                                       programs (e.g., cooperative monitoring  ) to provide for adequate
                                       nonpoint source monitoring.
                                       Many water pollution concerns are area-wide phenomena that are
                                       caused by multiple dischargers, multiple pollutants (with potential
                                       synergistic and additive effects), or diffuse sources. As a result, tradi-
                                       tional water quality-based procedures (those based on one discharger
                                       or point source) may not be appropriate to address these types of
                                       impairments. In order to efficiently manage the water quality needs of
                                       the nation's surface waters, EPA recommends that States develop
                                       TMDLs on a geographical basis such as the watershed. Several States
                                       have already begun to base water quality management programs on
                                       geographical approaches in order to  provide more efficient use of
                                       limited water quality program resources and to provide an effective
                                       process for assessing both point and nonpoint sources.

                                       Although States  may define a waterbody to correspond with their
                                       current programs, it is expected that States will consider the extent of
                                       the pollution problem and sources when defining the geographic
                                       region  for developing TMDLs and associated WLAs and LAs.  In
                                       general, geographical approaches support  sound environmental
                                       management since many pollution concerns are not isolated to specific
                                       locations.   Similarly, monitoring and modeling efforts should cor-
                                       respond to the same geographic regions.

                                       Dissolved oxygen, for example, may be limited downstream from sour-
                                       ces of BODs. In this case, it may be prudent for States to consider the
                                       entire river reach, rather than limiting a study (monitoring and model-
                                       ing) to a narrowly defined area such as a single river segment. Similar-
                                       ly, pollutants which are adsorbed to sediment and are transported
                                       downstream to reservoirs (or other settling pools) would be more
                                       appropriately addressed by watershed level TMDLs. On the other
                                       hand, pollutants which exhibit their maximum toxicity near outfalls and
                                       do not pose harm to waters downstream may be addressed with a
                                       relatively narrow geographic region.  In the latter case, a near-Geld
                                       mixing model may be adequate.

                                       In cases where TMDLs  are developed on watershed levels, States
                                       should consider modifying their permitting cycle so that all permits on
                                       a given watershed expire at the same time.  Since TMDLs should
13
    USEPA. 1984. Planning and Managing Cooperative Monitoring Projects. OW/OWRS, EPA 440/4-84-018,
    Washington, D.C.
16

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                                                                                         Draft 05115190
consider all pollutant (including all permitted) sources, more efficient
use of resources may be accomplished by developing permits on a
similar geographic level as for the TMDLs.
                                                                                                    17

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18

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                                                                                       Draft 05/15190
                                                                              CHAPTERS
                                         DEVELOPING TMDLs/WLAs/LAs
After waters meeting new or revised TMDLs have been identified and
ranked by priority, EPA will review this information to ensure that all
significant water quality problems are included and to account for new
information on effluent concentrations associated with best available
technology (BAT), new water quality criteria, etc., prior to TMDL
development. To gain an understanding of the technical requirements
needed to develop TMDLs, this chapter describes selected technical
considerations associated with TMDL development as well as other
control measures that may be implemented to achieve load reduction
strategies.
The TMDL process includes four steps: 1) selection of the pollutant
or toxic characteristics to consider, 2) the estimation of pollutant
loading to waterbodies from all sources, 3) the prediction of resultant
pollutant concentrations and determination of allowable loads, and 4)
the allocation of the allowable loads among the different pollutant
sources in such a manner that water quality standards are achieved.

The analyst developing a TMDL must first identify the pollutants of
concern and their sources. This may entail additional monitoring, data
collection, and analysis. Then, the overall approach for allocating the
loads must  be selected.  For conventional pollutants, a pollutant-
specific approach is normally used.  For toxic pollutants,  a pollutant-
specific approach may be used if the effluent characteristics are known,
only a few specific toxicants are of interest, and multiple discharges do
not result in complex  mixtures of toxicants.  If the effluent toxics
component is not well  characterized, or if several toxic constituents
with  complex interactions (i.e., additive, synergistic, or antagonistic
effects) are involved, then the whole effluent approach should be used.
If any of the effluents contain chemicals that are persistent or that have
bioaccumulative, carcinogenic, teratogenic, or mutagenic potential,
then  an integrated approach with both chemical specific analyses and
whole effluent analyses may be appropriate. Once the basic approach
is selected, screening methods may be used in a preliminary fashion to
estimate loadings, to identify and quantify processes influencing pol-
lutant behavior, and to estimate pollutant concentrations in the receiv-
ing water.
                                                                    Technical Considerations
                                                                           TMDL process
                                                                                                 19

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 Draft 05115/90
        Mathematical models
        Model characteristics
                                        The use of national or site-specific criteria in computing TMDLs may
                                        require the selection and use of a mathematical model. Models which
                                        have been applied to point and nonpoint pollution sources are sum-
                                        marized in Appendix D, Tables D-l and D-2.  While it is beyond the
                                        scope  of  this guidance to provide a detailed rationale for model
                                        selection, it is appropriate to summarize the type of models available
                                        and their applicability.
                                        Models can be characterized in numerous ways such as data require-
                                        ments, ease of application, etc. This section summarizes models based
                                        on four categories:  temporal characteristics, spatial characteristics,
                                        specific constituents and process simulated, and transport processes.

                                            • Temporal characteristics - This includes whether the model is
                                              steady-state (constant inputs and outputs), time averaged (for
                                              example, tidally-averaged), or dynamic.  If the model is
                                              dynamic, an appropriate time step needs to be selected. For
                                              example, streams with their small residence times may re-
                                              quire short time steps (hourly or less) while lakes, which typi-
                                              cally have residence times in excess of weeks, can generally
                                              be modeled with longer time steps (e.g., daily or more).
                                              Similarly, loads from NPS models are often lumped together
                                              into event or annual loadings.
                                            • Spatial characteristics - This includes the number of dimen-
                                              sions simulated and the degree of spatial resolution. In most
                                              stream models, one-dimensional models are used since typi-
                                              cally vertical and horizontal gradients are small.  For large
                                              lakes and estuaries, two- or three-dimensional models may be
                                              more appropriate because both vertical and horizontal con-
                                              centration gradients commonly occur. Segmented or multi-
                                              ple catchment models may be more appropriate for
                                              heterogeneous watersheds, whereas, lumped-single catch-
                                              ment models are more appropriate for homogeneous or less
                                              complex situations.
                                            • Specific constituents  and processes simulated - Models vary
                                              in the types of constituents and processes simulated and in
                                              the complexity of the formulations used to represent each
                                             process. For example, simple DO models include only
                                              reaeration and BOD  decay while more complex models in-
                                             clude other processes such as nitrification, photosynthesis,
                                             and algal respiration.
                                            • Transport processes - These  include advection, dispersion,
                                              runoff, interflow, anu rhe effects of stratification on these
                                             processes. Most river models are concerned only with
                                             downstream advection and dispersion. Lake and estuary
                                             models may include advection and dispersion in one or more
                                             dimensions, as well as the effects of density stratification. For
                                             toxic modeling, it may be important to use models which ac-
                                             count for near-field mixing since many of these pollutants
                                             may exert maximum toxicity close to the point of discharge.
20

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                                                                                         Draft 05115190
      To incorporate both point and nonpoint sources into
      TMDLs, it will be important to consider integrated water-
      shed models.

                                                                             Model selection
A model should be selected based on its adequacy for the intended use,
for the specific waterbody, and for the critical conditions occurring at
that waterbody. While the selection of an appropriate model should
be made by a water quality analyst, it is useful for program managers
to be familiar with the decisions which must be made. Four basic steps
have been identified that an analyst would go through to select an
appropriate model:

    • Identify models applicable to the situation.
    • Define the appropriate level of analysis.
    • Incorporate practical constraints into the selection
      criteria.
    • Select a specific model.

Identify models applicable to the situation.  An obvious choice for
narrowing the selection of  an appropriate model is based on  the
waterbody type (river, estuary, or lake) and the type of analysis
(BOD/DO, toxics, etc.)   A preliminary  list of models may also be
screened by selecting models which consider the  appropriate con-
stituents and processes that are important for the pollutant being
studied.

Define the appropriate level of analysis. The four levels of models are:

    • Simple calculator models - These include dilution and
      mass balance calculations, Streeter-Phelps equations and
      modifications thereof, analytical solutions to transport
      equations, steady-state nutrient loading models, regres-
      sion models, and other simplified modeling procedures
      that can be performed on desk top calculators.
    • Steady-state computer models - These models compute
      average spatial profiles of constituents along a river or es-
      tuary assuming everything remains constant with time, in-
      cluding loadings, upstream water quality conditions,
      stream flow rates, meteorological conditions, etc.
    • Ouasi-dyr^mif; models - These models are a compromise
      between steady-state models and dynamic models.
      Quasi-dynamic models assume most of the above factors
      remain constant, but allow one or more of them to vary
      with time, for example waste loading rates or stream flow
      rates. Some of the  models hold the waste loading and
      flow rates constant, but predict effects such as the diur-
      nal variations in dissolved oxygen due to algal photosyn-
      thesis and respiration.
    • Dynamic models - These models predict temporal and
      spatial variations in water quality due to varied loadings,
      flow conditions, meteorological conditions, and internal
      processes within the watershed or waterbody. Dynamic
                                                                                                    21

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 Draft 05115190
         Multiple Discharges
                                               models are useful for analyzing transient events (e.g., storms
                                               and long term seasonal cycles) such as those important in
                                               lake eutrophication analyses.

                                        The above levels of analysis are listed in order of increasing complexity,
                                        data requirements,  and cost of application.  In general, the more
                                        complicated approaches should provide more detailed and more ac-
                                        curate analyses, assuming enough data are available for proper model
                                        calibration and verification. Selected models are classified according
                                        to their level of analysis and spatial representation in Appendix D,
                                        Tables D-3 and D-4.

                                        In addition, lognormal probabilistic models and Monte Carlo simula-
                                        tion techniques have been used to modify some of the above ap-
                                        proaches.  Probabilistic models use lognormal  probability
                                        distributions of model inputs to calculate probability distributions of
                                        model output.  Since  this method does not incorporate  fate and
                                        transport processes, it can only be used to predict the concentration of
                                        a substance after complete mixing and before decay or transformation
                                        significantly alters the concentration.  Monte Carlo simulations com-
                                        bine probabilistic inputs with  deterministic models.  A  fate and
                                        transport model is run a large number of tunes based on randomly
                                        selected input values. The output  from these models are then rank
                                        ordered to produce a frequency distribution. These frequency dis-
                                        tributions may then be compared to  instream criteria (e.g., criteria
                                        maximum concentration (CMC) and criteria continuous concentration
                                        (CCC)) to determine if water quality standards are met.

                                        Incorporate practical constraints. In general, the analyst should con-
                                        sider the data requirements for each level of analysis, the availability
                                        of historical data, the modeling effort required for each  level  of
                                        analysis, and available resources. Availability of historical data for
                                        calibration and verification is one of the key cost savings considera-
                                        tions.

                                        Select a specific model. The analyst should consider model familiarity,
                                        technical support  and model availability, documentation quality, ap-
                                        plication ease, and professional recognition and acceptance  of a
                                        model.

                                        [NOTE: This paragraph will be expanded to include current information
                                        on what EPA/ORD supports and provides training on.J
                                        Complex TMDLs should be  developed for waterbodies when  the
                                        mixing zones from multiple pollution sources overlap. The key con-
                                        cern associated with multiple point or nonpoint pollution sources is the
                                        potential for additive or synergistic impacts.  A recommended proce-
22

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                                                                                        Draft 05115190
clure for evaluating toxicity from multiple discharges is summarized in
a technical support document.14 To perform this analysis, it may be
necessary to apply near-field mixing models for each outfall (mixing
zone analysis) in addition to a far-field model which considers pol-
lutants from numerous point or nonpoint sources (after the mixing
zone).
The total pollutant load to a waterbody consists of point, nonpoint, and
natural background sources.  When the total load is such that any
additional loading to  a waterbody would produce  a water  quality
standard violation, the total load should be allocated to the various
pollution sources. The allocation of loads should consider technical,
socio-economic, institutional, and political constraints. States are also
encouraged to consider public participation and comment when al-
locating loads to point and nonpoint sources. By involving the local
community at  an early stage  in the TMDL development process,
greater public support and  consensus building  for controls may be
developed.

Individual States use various load allocation schemes appropriate to
their needs and may specify  that a particular method be used. Three
common methods for allocating loads equal percent removal, equal
effluent concentrations, and a hybrid method, are discussed below.
(Other methods are summarized elsewhere.1  )

The first method is equal percent removal and exists in two forms.  In
one, the overall removal efficiencies of the sources are set so they are
all equal.  In the latter, the  incremental removal efficiencies  are set
equal.  This method is appropriate when the incremental removal
efficiencies are relatively small, so that the necessary improvement in
water quality can be obtained by minor improvement in treatment at
each point source, at little cost.

The second common allocation method specifies equal effluent con-
centrations. This is similar to  equal percent removal if influent con-
centrations at all sources are approximately the same.  However, if one
source has substantially higher influent levels,  then equal effluent
concentrations will require higher overall treatment levels than the
equal percent removal  approach.

The third commonly used method of allocating loads can be termed a
hybrid method. With this method, the criteria for waste reduction may
not be the same  from  one source to the next.  One source may be
allowed to operate unchanged while another may  be required  to
                                                                          Allocation of Loads
14   USEPA. 1985. Technical Support Document for Water Quality-based Toxics Controls. OW/OWEP and
    OWRS. EPA-440/4-085-032, Washington, D.C. [Note:  TSD is currently being revised -final due in mid
    1990.]
15   USEPA. 1985. Technical Support Document for Water Quality-based Toxics Controls. OW/OWEP and
    OWRS. EPA-440/4-85-032, Washington, D.C.
                                                                                                  23

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 Draft 05115190
          Allocation Trading
       Persistent and/or Highly
     Bioaccumulative Pollutants
                                        provide the entire load reduction. More generally, a proportionality
                                        rule may be assigned that requires the percent removal to be propor-
                                        tional to the input source loading.
                                        Where appropriate and technically feasible, certain efficiencies may
                                        be realized by trading allocation of loads. Such a practice is similar to
                                        what would be done during the original allocation of loads between
                                        point and nonpoint sources.  The objective for trades between point
                                        and nonpoint sources is to exchange increased control of one pollution
                                        source (decreased loading) for no change in control of another pollu-
                                        tion source.  This type of trading has been applied most often to
                                        phosphorus.  For example,  some publicly-owned treatment works
                                        (POTWs) may agree to install urban run-off BMPs in lieu of increased
                                        controls (e.g., advanced treatment) at POTWs.

                                        Five criteria need to be met in order to consider allocation trades:

                                            • NFS and point sources must both contribute substantially to
                                              pollutant loadings in matching constituents.
                                            • The cost of NFS control per unit abatement must be sig-
                                              nificantly less than the marginal point source control cost.
                                            • Trades must target the same compound, or target  the same
                                              ecological problem (e.g., a  phosphorus and nitrate trade
                                              aimed at eutrophication).
                                            • A single agency must have  authority to administer, monitor,
                                              and perform program enforcement.
                                            • Effluents must be comparable so that increases in  other pol-
                                              lutants do not violate applicable water quality standards.

                                        Most  pollutant trades occur between  point and nonpoint sources.
                                        However, where effluents from two different point source dischargers
                                        are comparable and consistent with water quality standards (including
                                        antidegradation and antibacksliding regulations and policies), and
                                        have minimum technology-based  limits applicable to point sources,
                                        trades may be acceptable between these two point sources.

                                        The Dillon Reservoir (west of Denver, Colorado) is one example of
                                        where point and NFS  phosphorous loads are being traded.  In this
                                        example, the  cost associated with point source reduction was $1.5
                                        million per year and the cost associated with NFS controls was $0.2 to
                                        $1.0 million per year.  Because of these cost savings, pollutant trades
                                        allowed the point sources to achieve reductions in phosphorus  loads
                                        to the Dillon Reservoir by controlling NPSs rather than expanding the
                                        sewage treatment system.
                                        Persistent and/or bioaccumulative pollutants require special attention
                                        during analysis of toxicity and TMDL development.  The primary
                                        concern is that persistent pollutants may enter a waterbody at unhazar-
                                        dous levels and may accumulate downstream  from other  sources.
24

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                                                                                       Draft 05115190
Potentially these pollutants may accumulate in sediments or aquatic
biota resulting in effects on survival or reproduction. They may also
cause risk to humans by exposure to hazardous chemicals through
drinking water or consumption of contaminated fish  or  shellfish.
Chemicals that bioaccumulate at high rates include metals, organic
compounds, and organometallic compounds.

Any chemical that has high potential for persistence and bioaccumula-
tion should be a matter of concern until it can be demonstrated that
there are no adverse environmental and human health effects resulting
from the discharge of that pollutant into receiving waters.  The first
step in addressing bioaccumulative or persistent pollutants in effluents
is to determine whether or not such pollutants are present The second
step is to determine if such pollutants are hazardous. The final step is
to calculate an acceptable discharge rate. Procedures for assessing
and controlling risk have  been addressed  in  technical support
documentation.  Current technical guidance for wasteload allocation
summarizes a number of models which are appropriate for modeling
the fate and transport of toxics in streams/rivers, lakes, and estuaries.
In some cases, development of TMDLs may not be the most efficient
use of resources to manage water quality and a goal of zero discharge
may be appropriate.
Because of inherent variation in effluent and receiving water flows and
pollutant concentrations, specifying a concentration that must not be
exceeded at any time or place may not be appropriate. The format that
was selected for expressing water quality criteria for aquatic life con-
sists of recommendations  concerning concentrations, durations of
averaging periods, and average frequencies of allowed excursions. Use
of this concentration-duration-frequency format allows water quality
criteria for aquatic life to be adequately protective without being as
overprotective as would be necessary if criteria were expressed using
a simpler format.

Duration of exposure considers the amount of time organisms will be
exposed to toxicants.  It is expressed as that period of time over which
the  instream concentration is averaged for comparison with criteria
concentrations.  Frequency is defined as how often exposures that
exceed the criteria can occur during a given period of time (e.g., once
every ten years) without unacceptably affecting the community. To
account for acute toxic  effects,  States should adopt acute criteria
expressed as the criteria maximum concentration (CMC) occurring in
a one-hour averaging period. Similarly, chronic criteria expressed as
the criteria continuous concentration (CCC) should be developed as
toxicant concentrations which should not be exceeded over protracted
periods of time.  EPA currently recommends that no longer than a
four-day averaging period be used. For the purposes of modeling, the
ambient concentration should not exceed the CMC more than once
                                                                      Use of Two-number Criteria
16
    USEPA. 1985. Technical Support Document for Water Quality-based Toxics Control. OW/OWEP and
    OWRS, EPA-440/4-85-032, Washington, D.C.
                                                                                                  25

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Draft 05115190
           Sediment Issues
        Control Measures
                                        every three years. (If the biological community is under stress because
                                        of spills, multiple dischargers, etc., or has a low recovery potential, or
                                        if a local species is very important, the frequency should be decreased.)

                                        Although these criteria were developed for application to low flow
                                        conditions, it is important for States to develop NFS pollution controls.
                                        Therefore, to address NFS loading, EPA recommends that the two
                                        number criteria should be applied for all flow conditions.  However,
                                        States should adopt duration and frequency parameters to account for
                                        the high flow, intermittent nature of nonpoint source loadings. For
                                        example, a typical "loading" from a nonpoint urban runoff source may
                                        not last for more than two days. As a result, the four day averaging
                                        period may not be appropriate.
                                        The problems associated with clean and contaminated sediment are
                                        not the same. Clean sediment can impair fish reproduction by silting-
                                        up spawning areas, and can increase turbidity. The major concerns
                                        regarding contaminated sediment are pollutant releases to the water
                                        column, bioaccumulation, and  biomagnification.  Criteria being
                                        developed for sediments have centered on evaluating and developing
                                        an understanding  of the principal factors that influence the sedi-
                                        ment/contaminant  interactions with the water column (Equilibrium
                                        Partitioning Approach).  Through such an understanding, exposure
                                        estimates of benthic and other organisms can be made.  Chronic water
                                        quality criteria, or possibly other  lexicological endpoints can then be
                                        used to predict potential biological effects.

                                        In some cases, sediment criteria alone would be sufficient to identify
                                        and to establish clean up levels for contaminated sediments. In other
                                        cases, the sediment criteria should be supplemented with biological or
                                        other types of analysis before clean-up decisions can be made.  The
                                        Science Advisory Board will be  reviewing methods for establishing
                                        sediment criteria for metal contaminants and procedures for estab-
                                        lishing standardized bioassays in 1991.
                                       Technology-based controls for traditional sources are minimum con-
                                       trols  mandated by the Clean Water Act which must be  met by
                                       municipal and industrial discharges. When technology-based controls
                                       are not sufficient to meet the designated uses (applicable water quality
                                       standards), the water is determined to be water-quality limited and
                                       more stringent controls are needed to meet the water quality standard.
                                       Water quality-based controls may be  developed to reduce pollutant
                                       loadings to meet instream criteria,  typically through  the  TMDL
                                       process and associated WLAs and LAs.

                                       Both  technology-based and water quality-based controls may be im-
                                       plemented through the National Pollution Discharge Elimination Sys-
                                       tem (NPDES) permitting process. Permit limits based on WLAs are
                                       called water-quality based limits. Under section 304(1)(1)(C) and (D)
                                       of the CWA, Individual Control Strategies (ICSs) were established for
26

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                                                                                         Draft 05115190
certain point source discharges of priority toxic pollutants. An ICS is
composed of an NPDES permit and supporting documentation to
demonstrate that the permit contains adequate controls. A TMDL is
considered to be adequate documentation for the ICS. All waters with
approved ICSs developed by the States are to be in compliance with
water quality standards by June 1992. In addition to permits for point
sources, States should  implement practical controls for  NPSs (e.g.,
BMPs). Common BMPs are listed in Table 3-1. These controls should
be based on LAs when sufficient data exist or to apply best professional
judgement to estimate limits where data are not available.
Once allowable loadings have been developed for specific point sour-
ces and applicable nonpoint sources, these loads must be incorporated
into NPDES permits. The WLA or LA provides a measure of effluent
quality that is necessary to protect water quality in the receiving water.
It is important to consider how the WLA or LA addresses variability
in effluent quality. For example, allocations for nutrients or bioac-
cumulative pollutants could be expressed as the  required average
effluent quality because  the total loading of these pollutants is of
concern. On the other hand, an allocation for toxic pollutants should
be expressed as a maximum value for the effluent because the con-
centration of these pollutants is of more concern than the total loading.
It is important to recognize that the duration and frequency with which
the required effluent quality level may not exceed are critical aspects
of an allocation as well.

Permit limits are designed to require a particular level of effluent
quality. Effluent quality is variable, and limits are set at a level so that
if the treatment facility maintains the desired level of performance, the
probability of exceeding the limits is very low (e.g., the probability is
less than or equal to 0.05).  If limits are set too high, a facility not
meeting the desired level of performance would not exceed the limits
as determined by typical monitoring practices. If limits are set too low,
a facility meeting the desired level of performance would often exceed
the limits. In either case, determination of compliance and enforce-
ment would be compromised.

There is a significant risk of incorrectly enforcing a WLA or LA if
effluent variability and the probability basis for both the WLA or LA
and the permit limits are not  considered. For example, a steady state
WLA or LA may specify an effluent value with the  assumption that it
is a value never to be exceeded.  The same value used as the daily
maximum permit limit could allow the WLA value to be exceeded
perhaps an unacceptable amount of time without observing permit
violations using typical monitoring requirements.  Even more con-
                                                                    Incorporating TMDLs/WLAs/LAs
                                                                              into Permits
                                                                                                   27

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Draft 05115190
                  Table 3-1.   Best management practice activity matrix
                                 (Adopted from Guide to Nonpoint Source
                                 Pollution Control).
                             BMP

AGRICULTURE
Conservation tillage
Contouring


;

               Contour stno cropping
               Cover crops
               Integrated pest management
               Range and oasture management
                       0 rotations
               Waste management practices
              CONSTRUCTION A URBAN RUNOFF
               Structural control practices
               Nonvegetative soil staolization
               Porous pavements
               Runoff detention/retention
               Street cleaning
               Surface rougnening
              SILVICULTURE
               Limiting disturbed areas
               Log removal tecnnioues
               Ground cover
               Removal of debns
               Proper nandling ot haul roads
              MIMNO
               Water diversion
               Underarms
               Block-cut or haui-bacK
              MULTICATEGORY
               Buffer Strips
               Grassed waterway
               Devices to encourage infiltration
               Interception/diversion
               Material ground cover
               Sediment traps
               Vegetative staoilizaoon/muicfiing
          Source:  USEPA. July. 1987, OWRS/CSD.
28

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                                                                                         Draft 05115190
fusion could result in translating a longer duration WLA requirement
(e.g., a four-day average) into daily maximum and average daily permit
limits.17
The procedures for developing water quality-based permit limits for
toxics at a source will normally result in new or more stringent water
quality-based limits than those contained in a previously issued permit.
In a limited number of cases, however, it is conceivable that less
stringent water quality-based limits could result. In these cases, permit
limits must conform to existing Federal regulations  governing both
antidegradation (existing instream water uses shall be  maintained and
protected) and antibacksliding (issuance of permit limits that are less
stringent than those contained in the existing permit is prohibited).
The pertinent regulations are 40 CFR Part 131 (131.12) and 40 CFR
Part 122 (122.44 and 122.62). Permit writers should keep apprised of
recent statutory or regulatory developments in this area.
Section 308 of the Clean Water Act and corresponding State statutes
authorize imposing of monitoring and data collection requirements on
the owner or operator of a point source discharge. Requirements may
include ambient and biological assessments, toxic reduction evalua-
tions, and in-plant  monitoring, etc.  The only limitation on this
authority is that there must be a reasonable need for the information,
the schedule and costs of the requirements must be reasonable, and
the request must meet the Paperwork Reduction Act. Needed data
collection may be initiated through a direct request (commonly
referred to as a "308 letter"), permit reporting requirements, or an
administrative order.

Permit requirements for data collection should be  established when
longer term data (e.g., for several seasons) are needed and there are
insufficient data to set water quality-based limitations in the newly
issued permit. The permit should include a statement that the permit
can be modified or revoked and reissued if the data indicate violation
of State water quality standards. Several agencies have experienced
problems in negotiating study plans based on a generalized permit
requirement.  If the permit requirement is non-specific (such as requir-
ing the development and execution of a plan of study)  minimum
requirements should be included.
                                                                   Antidegradation and antibacksliding
                                                                             Data collection
17  The reader is referred to the Permit Writer's Guide to Water Quality-based Permitting for Toxic Pollutants
    (July, 1987) and Technical Support Document for Water Quality-based Toxics Control for additional
    information on deriving actual permit limits.
                                                                                                   29

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 Draft 05115190
   Nonpoint Source Controls - BMP
         Effectiveness Strategy
                                         In order to manage waterbodies with NFS pollutant loads. States
                                         should implement BMPs at geographically targeted pollution sources.
                                         In some instances it is difficult to ensure, a priori, that implemented
                                         NFS controls will achieve expected load reductions. BMP failure may
                                         be due to an ineffective BMP or poor implementation. That is, a BMP
                                         may not achieve expected load reductions because either the BMP did
                                         not work or it was not implemented as designed. The latter case may
                                         result from the lack of acceptance  among  participants such as in-
                                         dividual land owners. Key components of  a NFS control program
                                         would include the following:

                                            • An analysis of institutional resources and capabilities.
                                            • Choosing priority areas for implementation efforts
                                              (geographic targeting).
                                            • Developing an implementation strategy which accounts for
                                              site-specific factors.

                                        To ensure that BMPs are meeting the objectives established during the
                                        development of TMDLs and LAs, States should adopt effectiveness
                                        strategies. These strategies would describe NFS load reduction goals
                                        and the procedure for reviewing  and revising BMP controls.  Since
                                        many  State agencies rely on local authority, grant conditions, cost
                                        sharing agreements, cooperative agreements, etc. with other agencies
                                        (e.g., Soil Conservation Service) to help implement controls, States are
                                        encouraged to work with these agencies to implement workable
                                        strategies. These strategies would allow State program managers to
                                        monitor TMDL and LA effectiveness. At a minimum the information
                                        a program manager needs to audit a TMDL includes:

                                            • Baseline BMPs for specific NPSs, including load reduction
                                              strategies, percent of strategies to be achieved, and a tracking
                                              measure/system for BMP implementation.
                                            •  Appropriate biological, physical, chemical, and BMP effec-
                                              tiveness monitoring (including why, when, where, what and
                                              how to sample) to evaluate  overall progress towards attaining
                                              designated uses.
                                            •  Time frame/schedule for implementation and evaluation of
                                              targets, and achieving applicable water quality standards.

                                            •  Excerpts from the State's section 319 management program.
                                       The documentary information and assumptions used to develop the
                                       TMDLs, WLAs,  and LAs would also be made part of the BMP
                                       effectiveness strategy.

                                       Under the CLean Lakes Program (section 314), TMDLs are required
                                       as a condition of the grant application for funding State projects.
30

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                                                                                         Draft 05/15190
                                                                       Phased Approach for TMDLs
For setting TMDLs, an analyst needs to have sufficient information to
calculate the loadings from both point and nonpoint sources. Ade-
quate site-specific information is needed to calibrate and verify math-
ematical procedures used during analysis.  In general, more data are
needed to calibrate and verify procedures for nonpoint sources than
for point sources, and often, these data are not existing and readily
available.  Therefore, a phased approach should be considered when
sufficient data do not exist to develop final TMDLs due to the difficulty
in quantifying  or modeling NFS  impacts.  Such an approach would
include an estimated  or  provisional  TMDL as a practical control
measure until sufficient data are obtained to establish a final TMDL
with full margin of safety.

The phased approach would provide an opportunity  to implement
controls on traditional point sources and "first level" controls on non-
traditional sources such as storm sewers and combined sewer over-
flows  (CSOs),  and to estimate the effectiveness of BMPs in order to
establish the provisional TMDL. During this interim period, addition-
al time is available to collect the needed data and also opens oppor-
tunities to obtain other  resources for  data  collection (e.g.,  NFS
dischargers, cooperative monitoring, increased funding, etc.)

The phased approach provides States with a means to address priority
waterbodies in troubled or threatened watersheds which would other-
wise not be managed. In addition, such an approach will demonstrate
that the States and EPA are taking action to improve water quality and
develop a database for use in preparing final TMDLs.

A phased approach (Figure  3-1) resulting in a full TMDL would
include the following steps:

Phase I

    • Establish/maintain point source controls.
    • Establish practical NFS controls using best professional
      judgement (BPJ) and available data.
    • Begin collection of data on NFS loadings, etc.

Phase II

    • Develop provisional TMDL using NFS load/reduction es-
      timates.

Phase III

    • Develop final TMDL.
    • Review/revise point source controls, if necessary.
    • Establish/revise NFS controls.

A more complete description of this approach follows:
                                                                                                    31

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Draft 05115190
                             Targeted Waterbody
                       YES
   Adequate
 data to estimate
NPS loads and BMR
   reductions
       Develop final TMDL
       with afull margin
      •bf-safetyvXYXvXvXvX
         Establish/revise
         and NPS controls
                                              .'•*' Establish/maintain pp|nt
                                                 source> controlsv     !X
                                                 Establish praetlcal NPS Cbntrols
                                                 using best prof essionai
                                                 Judgement and available data
                  Begin collection of data
                  on MPS!lbadlrigs,\etc.
                            t
                                                   -.Deyelqp provisional
                                                    TMDL using NPS load/
                                                   . reductlbhXestrmateis  ;
                                                 MONITOR
                                                 • Refine NPS load estimates
                                                 • Evaluate effectiveness
                                                    of point and nonpoint
                                                    source controls
                                                PKASEIII
                                                • Develop final TMDL

                                                • 'fleylew/revJse point sburcV
                                                X controls, if ^necessary/ X
                                                  Establish/revise NPS
                             Monitor for Effectiveness
                     Figure 3-1  Phased TMDL Approach
 32

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                                                                                          Draft 05/15190
Establish/maintain pnint source controls. EPA's surface water quality
strategy is to ensure that established levels of controls on traditional
point source discharges are maintained. In addition, where a pollutant
discharger is in violation of the water quality standard,  the State is
expected to prepare a WLA and establish a water quality-based permit
with limits for that discharger. Also, where a group of dischargers are
the cause of water quality standard violations without the addition of
NPSs or background sources, these sources should have water quality-
based permits for each discharger allowing for a margin of safety and
NPS loadings.

States are not to employ the Phase I approach as a tactic to delay
implementation  of needed water quality-based controls.  Rather,
States are required to establish controls so that water quality standards
can be met once sufficient practical controls are established for non-
point sources.

Establish practical NPS controls using best professional judgement
and available data. In the process of developing a provisional TMDL
for geographically targeted waterbodies, States may not be  able to
calculate actual NPS loadings or  the effectiveness of NPS controls.
Therefore, it may be necessary to use professional judgement to estab-
lish BMPs based on reasonable estimates and available data. Since it
could be several years before the effects of initiated BMPs can be
determined, it is recommended that care should be taken to document
the objectives and approaches used to determine the needed BMPs in
a BMP effectiveness strategy.

Begin collection of data on NPS loadings, etc.  To compliment the
practical controls implemented, States should design a monitoring
program within the geographical targeted waterbody. The primary
monitoring objectives are:  1) establish NPS loading estimates, 2)
evaluate effectiveness of the BMP controls, and 3) continue collecting
data from all sources including compliance monitoring incorporated
as part of a discharger's permit. These efforts can demonstrate that
the State is developing a data base of current information to review and
revise as needed, the control practices established.  The program
design should also be included in the State's BMP effectiveness
strategy.  Sufficient data should collected in order  to develop final
TMDLs and refine NPS controls during Phase III.
Develop provisional TMDL. Once the above components of Phase I
have been established, States are in a position to develop a provisional
TMDL for review by EPA. A provisional TMDL would be approvable
by EPA even though specific load allocations may  not have been
identified for NPSs since reasonable estimates were provided. As part
of the  provisional TMDL, States would establish a time frame for
development of a final TMDL with a full margin of safety.  The tune
frame,  negotiated with Regional EPA offices, is to be  consistent with
the BMP effectiveness strategy.
                                                                                  Phase I
                                                                                 Phase II
                                                                                                     33

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 Draft 05115190
               Phase III
                                         In general, States should complete Phase I and II activities within three
                                         years. Once BMP implementation has been initiated, States should
                                         implement data collection activities indentified during Phase I. Actual
                                         monitoring activities are expedited to vary from waterbody to water-
                                         body. However, States should emphasize the collection of data neces-
                                         sary to complete a final TMDL and evaluate practical NFS controls.
                                        Phase III should be initiated when either the time frame agreed upon
                                        during Phase II has elapsed.  Phase III should proceed prior to the
                                        scheduled time frame if sufficient data have been collected to calculate
                                        NPS loads and to develop a final TMDL with a full margin of safety.

                                        EPA views the completion of provisional or final TMDLs and the
                                        periodic review of final TMDLs as an essential part of its water quality
                                        management objective.  Changing land use, agricultural practices,
                                        population demographics, etc. may result in the need to revise TMDLs.
                                        As a result, all TMDLs should have a time frame, negotiated with EPA
                                        Regional offices, for periodic review based on data collected from
                                        monitoring.
34

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                                                                                    Draft 05115190
                                                                           CHAPTER 4:
                                                             IMPLEMENTATION
As a foundation for all TMDLs, WLAs, and LAs prepared by the State,
EPA and the State should agree on the process that the States will use
to develop TMDLs, WLAs and LAs and prepare a written agreement
which describes  these procedures.  (See Appendix E for a general
EPA/State Agreement Outline.) Such an agreement promotes consis-
tency between projects and between States (i.e., how background data
are applied, how and which models are to be used, how TMDLs are
determined, how loads will be allocated,  etc.)-  By agreeing on the
procedures that the State will follow (as described in the State's CPP
and/or the State/EPA technical agreement), only a sample of TMDLs,
WLAs, and LAs need to be reviewed in depth by EPA.  This sample
in-depth review is to ensure that the State is following the agreed-upon
procedures and that the TMDLs, WLAs, and LAs are acceptable.  If
a problem is found, all TMDLs, WLAs, and LAs may be reviewed  in
greater detail. For any waterbody where developing wasteload alloca-
tions or load allocations is more complex or critical to the approval  of
a large construction project, a major permit, or large expenditures  of
Federal resources, the Regional office may, as its option, require the
State  to submit additional information  describing  the  proposed
project. In either event, the Regional office and the State should reach
an agreement on the level of detail that is appropriate.
Each year the EPA Regional office and the States should reach an
agreement on work plans for developing TMDLs as part of the State's
annual section 106 and 205(j) grant negotiations. To accomplish this,
each State should prepare a TMDL/WLA/LA element in its annual
work program that is submitted to EPA for approval. Waters iden-
tified in work plans should be based on State developed priorities.
These priorities must consider the severity of the impact and the uses
of the water. States may find it helpful to include additional informa-
tion in its work plans from the Waterbody System (WBS), such as:
segment descriptors (e.g., State ID numbers, River Reach File num-
bers or USGS hydrological  codes if River Reach numbers are not
available), segment length, parameters causing the water quality
problems, uses supported or impaired, or special segment designations
(e.g., priority waters or national resource waters). For EPA review,
                                                                    EPA/State Agreements
                                                                    State Responsibilities

                                                               Development of Schedules and Timing
                                                                                              35

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            Draft 05115190

            (V
141
    Ul
Uj
              TMDL, WLA, and LA Development
enough additional information should be provided for comparison
with the list of waters required under section 303(d)(l) and submitted
in the State's section 305(b) report.

In order to effectively plan for TMDL development, States and
Regional offices are encouraged to  establish schedules and time
frames in annual work plans and agree to long-term schedules for all
waters that will be addressed over the next five years. States would be
expected to allow some reserve capacity to address "hot spots" during
each year. This procedure:

    • Provides clear guidance to the States to establish a time
      frame for the development, review, and revision of TMDLs.
    • Sets national consistency in developing TMDLs.
    • Establishes a basis for setting priorities.
    • Supports TMDL development for targeted waterbodies using
      a geographical approach.
                                                   In accordance with the approved priority ranking for those waters and
                                                   the annual work program, each State develops its proposed TMDLs
                                                   for those pollutants that are expected to cause water quality standards
                                                   violations (including whole effluent toxicity) and for the approved list
                                                   of waters identified as needing new or revised TMDLs. The calcula-
                                                   tion of TMDLs are summarized in Figure 4-1. States are touseEPA's
                                                   guidance when developing TMDLs, copies of which may be obtained
                                                   from the Wasteload Allocation Coordinator in each Regional office.

                                                   For those TMDL projects that EPA reviews in detail, States should
                                                   prepare an abstract report describing each project and submit it to the
                                                   Regional office for review. This submission should contain:  (1) the
                                                   proposed TMDLs, WLAs, LAs, and (2) supporting information that
                                                   the Region will need to evaluate the State's water quality analysis  and
                                                   determine whether to approve or disapprove the proposed TMDLs,
                                                   WLAs, and LAs.  Regions and States should reach an agreement on
                                                   the specific information that reports should contain and determine the
                                                   individual projects for which such reports are necessary as defined in
                                                   the EPA/State Technical Agreement.

                                                   Quality assurance (QA) and quality control (QC) requirements also
                                                   must be met. Specific technical QA/QC is necessary in the use of
                                                   environmental data and models.  However, when using models, such
                                                   as wasteload allocation models which involve "real" environmental data
                                                   as well as parametric and mathematical relationships, model sensitivity
            36

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                                                                                         Draft 05115190
                                            Figure 4-1
                                      Calculation of TMDLs
Approved lists of waters still needing
TMDLs ranked by priority
            State
      work programs will
   provide priority TMDLs for
   appropriate pollutants on a
         timely basis?
       State
   modifies work
program to do needed
  work on a timely
       basis?
                                      EPA does
                                      needed work
           TMDLs
        correct and on
           time?
                                         EPA does
                                         needed work
  State
 corrects
problems?
    Approved TMDLs
    incorporated into State
    WQM plans
                                                                                                 37

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 Draft 05115190
     Continuing Planning Process
   Water Quality Management Plan
   Public Notice and Participation
                                        studies can help establish the levels of QA/QC required for specific
                                        data. For example, the allowable range of uncertainty in the data can
                                        be established through model sensitivity studies. This allowable range
                                        of uncertainty may indicate, for example, the need for tight limits on
                                        precision for a particular pollutant parameter.  Further discussion is
                                        provided elsewhere.
                                                     18 19  20
                                       Each State is required to establish and maintain a continuing planning
                                       process (CPP) as described in section 303(e) of the Clean Water Act.
                                       A State's CPP must contain, among other items, a description of the
                                       process that the State uses to identify waters needing water quality-
                                       based controls, a priority ranking of these waters, developed TMDLs,
                                       WLAs, and LAs, and a description of the State process used to receive
                                       public review of each TMDL, WLA, and LA. This description may be
                                       as detailed as  the Regional office and the State feel is necessary to
                                       adequately describe each step of the TMDL, WLA, and LA develop-
                                       ment process.  This process may be included as part of the EPA/State
                                       Agreement for TMDL development (see page 35).
                                       The State incorporates EPA approved TMDLs, WLAs, and LAs into
                                       its Water Quality Management Plan (WQMP). The Water Quality
                                       Management and Planning regulation"1 states that when EPA ap-
                                       proves a TMDL submitted by a State under section 303(d), the TMDL,
                                       WLA, and LA is to be deemed automatically incorporated into the
                                       State's Water Quality Management Plan.  The regulation treats this
                                       submission and approval as the equivalent of a WQMP update, cer-
                                       tification and approval.
                                       In accordance with the Water Quality Management and Planning
                                       regulation and as described in a State's CPP, TMDLs, WLAs, and LAs
                                       should be made available for public review and comment. However,
                                       States are encouraged to establish its own procedure for public par-
                                       ticipation to assure that adequate coverage is given to decisions on
                                       TMDLs. States and involved local communities should participate in
                                       determining who (and which pollution sources) should bear the treat-
                                       ment or control burden needed to reach allowable loadings. By involv-
                                       ing the local communities in decision making, EPA  expects that a
                                       higher probability of successful TMDL implementation will result.
18
19
20
21
USEPA. September 1980. Guidelines and Specifications for Preparing Quality Assurance Project Plans,
QAMS-004/80, Washington, D.C.
USEPA. December 1980. Interim Guidelines and Specifications for Preparing Quality Assurance Plans,
QAMS-005/80, Washington, D.C.
USEPA. May 198-  Guidance for Preparation of Combined Wor/w Quality Assurance Project Plans for
Environmental Monitoring, OWRS QA-1, Washington, D.C.
Federal Register, January 11,1985, page 1777.
40 CFR 35 and 130
38

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                                                                                         Draft 05/15190
The State should issue a public notice offering an opportunity for a
public hearing pertinent to the TMDL under review, however, if no
interest is shown as a result of the public notice, it is possible to waive
the hearing. It is also possible  to include WLA and LA decisions in
conjunction with public notices and hearings  on NPDES permits,
municipal  wastewater treatment works,  water quality standards
revisions, and WQMP updates.  Each notice should identify TMDLs,
WLAs, and LAs as part of the subject matter.

Also, if a State feels that the water quality-based controls are critical
or if they anticipate that they may be controversial, the State should
involve the EPA Regional office as well as the public early in  the
process and continue to involve them throughout the process rather
than waiting until WLAs are submitted to EPA for  approval. (See
Appendix F for an example of a letter submitting a TMDL, WLA, and
LA to EPA for approval and the information to be included with the
letter to facilitate EPA review.)
Reporting section 303(d) lists of waters still needing TMDLs and
expected loads is required under 40 CFR 130.7 to be reported to EPA.
These lists should compliment EPA/State Agreements and the CPP,
and be incorporated into the WQMP.
Specific responsibilities of the State are to:

    • As the first priority, States should collect and analyze
      data as needed to make water quality management
      decisions:
        -  Identify: (a) waters still needing TMDLs, including high
          quality waters, and (b) waters most needing water quality-
          based and nonpoint source controls, or other actions to
          prevent or reverse an impairment of the designated use.
        -  Develop needed water quality-based controls for both
          conventional and toxic pollutants.  For toxics, use both
          the pollutant specific and the biomonitoring techniques,
          as appropriate.
    • Ensure that needed environmental data are provided to
      EPA, including appropriate assessment data; ap-
      propriate screening data; and all regulatory data includ-
      ing data needed for approvals of water quality standards
      and TMDLs/WLAs/LAs.
    • Ensure that appropriate quality assurance/quality control
      procedures are used for all data used in State decision
      making and for all data reported to EPA, including data
      reported by dischargers.
                                                                               Reporting
                                                                         Specific Responsibilities
                                                                                                   39

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Draft 05/15190
      EPA Responsibilities

     TMDL Review and Approval
                                        EPA reviews the State's annual work plans for developing TMDLs as
                                        part  of the State's section 106/2050) work program.   If the  EPA
                                        Regional office disapproves a State's list of waters and/or loads need-
                                        ing new or revised TMDLs, then the Region (working closely with the
                                        State) identifies those waters and loads within the State where new or
                                        revised TMDLs are necessary to implement  the  applicable water
                                        quality standards.  If EPA disapproves a State's priority ranking of
                                        these waters, the Region and State are to negotiate acceptable revisions
                                        to the priority ranking.  If the State chooses not to develop the needed
                                        TMDLs for appropriate pollutants  on timely basis, EPA is under
                                        obligation to develop the TMDLs in cooperation with the State.  This
                                        will be done by focusing available EPA resources on the most critical
                                        water quality problems. The TMDL, WLA, and  LA review/approval
                                        process by EPA is summarized in Figure 4-2.

                                        To meet the requirements of section 303(d) and the Water Quality
                                        Planning and Management regulation (40 CFR 35 and 130), EPA must
                                        review all TMDLs for approval or disapproval.  EPA may tailor its
                                        review to what is reasonable and appropriate; that is, where a State has
                                        clearly described its process in its CPP (and EPA/State Technical
                                        Agreement), EPA may conduct an in-depth review of a sample of the
                                        State's TMDLs, WLAs, and LAs to  determine how well the State is
                                        implementing its approval process and give a less detailed  review of
                                        the remaining TMDLs, WLAs, and LAs. This review of samples of the
                                        State submissions, in conjunction with a less detailed review of all other
                                        TMDLs, WLAs, and LAs submitted to EPA by the State, will provide
                                        a reasonable basis for EPA approving  or disapproving individual
                                        TMDLs, WLAs, and LAs. The in-depth sample review may include
                                        TMDLs, WLAs, and LAs supporting major construction projects and
                                        other major control measures."  For those States that do not have an
                                        approved WLA process, Regions are expected to conduct in-depth
                                        reviews of all of the proposed TMDLs. When Regions review the State
                                        TMDLs, they should also consider how well the States are  following
                                        the EPA technical guidance for conducting wasteload allocations.

                                        In either case, EPA must, at a minimum, determine whether the State's
                                        proposed TMDLs are "established at a level necessary to implement
                                        the applicable water quality standards with seasonal variations and a
                                        margin of safety that takes into account any lack of knowledge concern-
                                        ing the relationship  between effluent limitations  and water
                                        quality."   No WLA or LA will be approved if it will result in a water
                                        quality standard being violated, or, in the case of waters whose quality
                                        exceed that necessary for the CWA 101(a)(2) goals, results in a lower-
22
23
Federal Register, January 11,1985, page 1777.
CWA section 303(d)(l)
40

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                      Figure 4-2 Review/Approval Procedure for State TMDL/WLA/LA
           State/EPA Agreement
           on Technical Procedures
State CPP Approved
by EPA
EPA Approved List of
Waters, by Priority,
Still Needing TMDLs
State Develops TMDLs/
WLAs/LAs Where Needed
Region May Assist State In
Developing TMDLs/WLAs/LAs
                                              State Issues Public Notice
                                              on TMDLs/WLAs/LAs; Holds
                                              Hearing If Warranted. Submits
                                              to EPA for Approval.
                                                    TMDL/WLA/LA
                                                      Acceptable
                                                       to EPA
                                                    No
                                                  EPA Approves TMDL as
                                                  Being Developed In
                                                  Accordance with
                                                  Section 303(d)
                                                    EPA Develops TMDL/WLA/LA
                                                    and Issues Public Notice
                                                    Seeking Comments. EPA Makes
                                                    Revisions as Needed and
                                                    Sends to State
                                                                       i
                                                               State Includes Approved
                                                               TMDL/WLA/LA In:

                                                                • NPDES Permits
                                                                • BMP Controls
                                                                • WQM Plan Update
                                                                                   I

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 Draft 05115190
              Tracking
           Program Audits
                                        ing of water quality unless the applicable public participation, inter-
                                        governmental review, and baseline ^control requirements of the an-
                                        tidegradation policy have been met.
24
                                        EPA must either approve or disapprove the State's TMDL, WLA, or
                                        LA within 30 days after submission by the State. An approved TMDL,
                                        WLA, or LA is "certified" by the EPA as having been developed in
                                        accordance with CWA section 303(d) and a letter of such approval is
                                        transmitted to the State.

                                        If EPA disapproves a State's TMDL and the State does not agree to
                                        correct the problems, then EPA shall, within 30 days of the disapproval
                                        date, establish such TMDLs as necessary  to implement the water
                                        quality standards. However, the Region should inform the State that
                                        EPA would prefer to have the State develop the TMDLs, since the
                                        short time available for EPA's  establishment of the TMDLs would
                                        likely necessitate using simplistic and overly conservative techniques
                                        in developing the TMDLs and also because negative publicity might
                                        arise should EPA be forced to step in.
                                        The primary purpose of tracking TMDL development is for EPA to
                                        assess the progress towards meeting the goals and requirements of
                                        section 303(d) as well as other sections of the CWA. To measure this
                                        progress, an increased emphasis has been given to measuring environ-
                                        mental results.

                                        To assist States in the water quality assessments, EPA has developed
                                        the Water Body System (WBS). The WBS provides a geographically
                                        based framework for entering, tracking, and reporting information on
                                        the quality of individual waterbodies as they are defined by each State.
                                        The primary function of the WBS is to keep  track of water quality
                                        assessments and the water quality status of waterbodies, including
                                        causes and sources of use impairment. As a convenience to the States,
                                        the WBS has been modified to include data fields on whether TMDLs
                                        are still needed or are in place. The program is designed to help States
                                        comply with the reporting requirements under sections 314(a), 319(a),
                                        and 303(d).  Once initial information concerning the identification and
                                        status of waterbodies is entered into the system, the burden of sub-
                                        sequent reporting will be reduced as States will need only to update
                                        information.
                                        EPA expects to measure performance on the basis of environmental
                                        results and administrative goals by means of program audits.  To
                                        achieve this performance measurement EPA will periodically conduct
                                        questionaire surveys of State water quality programs.  These program
24  40 CFR 131.12
42

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                                                                                         Draft 05115190
audits will serve to determine where additional training or other assis-
tance may be needed and to determine implementation of program
objectives.
EPA Headquarters and  Regional offices are  available to  provide
technical assistance and advice to the States in developing TMDLs,
WLAs, and LAs. EPA Headquarters provides for training and assis-
tance on modeling and the WBS.
EPA Headquarters is responsible for developing associated program
guidance, technical support with  assistance from Research
Laboratories, and producing reports resulting from the section 30S(b)
assessment which includes the section 303(d) listing requirement.
EPA Headquarters is responsible for seeing that the mandates regard-
ing TMDLs in the CWA are carried out, providing oversight of the
Regional offices and the States, developing wasteload allocation pro-
gram policy and guidance, supporting the development of computer
software for calculating TMDLs, developing technical guidance docu-
ments and providing technical training and assistance.

Specific responsibilities of EPA Headquarters are to:

    • Prepare guidance and ensure that technical training and
      technical assistance is available for monitoring, water
      quality analysis, and data reporting.
    • Perform national assessments and evaluate the national
      water quality effects of CWA programs.
    • Make national data systems more useful for national,
      regional, and State managers by upgrading and cross-
      linking the existing systems and developing interactive
      data retrieval and analysis mechanisms for line managers.
      Continue support of the River Reach and Industrial
      Facility Discharge files.
    • Ensure that appropriate quality assurance/quality control
      procedures are used in all national data collection efforts
      and provide needed laboratory capability for national
      studies of pollutants requiring special analyses, e.g.,
      dioxin.
    • Prepare Headquarters budget requests, and in consult-
      ation with the Regions, prepare requests for regional and
      State water quality monitoring and analysis programs.
    • Peer review major agency program activities involving
      water monitoring and consult with other program offices
      on water monitoring activities.
                                                                    Technical Assistance and Training
                                                                    Guidance Documents and Reports
                                                                    EPA Headquarters Responsibilities
                                                                                                   43

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Draft 051 IS 190
    EPA Regional Responsibilities
                                        The EPA Regional offices are responsible for assisting Headquarters
                                        in developing policy and guidance and distributing this policy and
                                        guidance to the States, awarding grants to the States to provide them
                                        with resources for developing and implementing wasteload allocations,
                                        and providing technical assistance i.>  the States.  In addition, the
                                        Regional offices are responsible for reviewing and approving, or dis-
                                        approving, each State's wasteload allocation process; the wasteload
                                        allocation element of the annual section 106/205(j) work program; the
                                        list of waters where TMDLs, WLAs, and LAs are needed; the priority
                                        ranking of these waters; and specific TMDLs, WLAs, and LAs.  The
                                        EPA Regional offices are also responsible for reporting on State
                                        implementation to Headquarters.

                                        Specific responsibilities of EPA Regional offices are to:

                                             •  Ensure that the appropriate regulatory monitoring is per-
                                               formed by States, the Region, or dischargers needed for
                                               developing and implementing water quality based controls
                                               and identifying needed nonpoint source controls. This in-
                                               cludes data  required to identify waters needing water quality
                                               based controls, data needed to develop controls, and data
                                               needed to assess the effectiveness of controls. Ensure that
                                               the developed controls are implemented, and provide con-
                                               trols if the State  fails to act in a timely manner.
                                             •  Provide technical assistance and training to the States.  En-
                                               sure that each Regional office has the capability to conduct
                                               water quality monitoring and analyses. For work involving
                                               toxics, where feasible, the Region is expected to have a
                                               capability in both the pollutant specific and the biomonitor-
                                               ing approaches.
                                            •  Ensure that  appropriate quality assurance/quality control pro-
                                               cedures are  used for all regional and State water quality data
                                               and for all data used in regional decision making including
                                               data reported by permittees.
                                            •  Perform regional water quality assessments primarily based
                                               on State data, as needed to prepare Environmental Manage-
                                               ment Reports.
                                            •  Ensure that  regional data systems are compatible with and do
                                               not unnecessarily duplicate  national data systems. Ensure
                                               that data collected by the States and the Regions are entered
                                               into the national system, including data needed to update the
                                               Industrial Facilities Discharge File.
44

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                                                                                                                    Draft 05/15/90
                                                             APPENDIX A
                                                  SCREENING CATEGORIES
           1.   Waters where fishing or shellfish bans and/or advisories are currently in effect or are anticipated.

           2.   Waters where there have been repeated fishkills or where abnormalities (cancers, lesions, tumors, etc.) have been observed in fish or
               other aquatic life during the last ten years.

           3.   Waters where there are restrictions on water sports or recreational contact.

           4.   Waters identified by the state in its most recent state section 305(b) report as either "partially achieving" or "not achieving" designated
               uses.

           S.   Waters identified by the states under section 303(d) of the CWA as waters needing water quality-based controls.

           6.   Waters identified by the state as priority waterbodies. (State Water Quality Management plans often include priority waterbody lists
               which are those waters that most need water pollution control decisions to achieve water quality standards or goals.)

           7.   Waters where ambient data indicate potential or actual exceedances of water quality criteria due to toxic pollutants from an industry
               classified as a primary industry in Appendix A of 40 CFR Part 122.

           8.   Waters for which effluent toxicity test results indicate possible or actual exceedances of state water quality standards, including narrative
               "free from" water quality criteria or EPA water quality criteria where state criteria are not available.

           9.   Waters with primary industrial major dischargers where dilution analyses indicate exceedances of state narrative or numeric water
               quality criteria (or EPA water quality criteria where state standards are not available) for toxic pollutants, ammonia, or chlorine. These
               dilution analyses must  be based on estimates of discharge levels derived from effluent guidelines development documents, NPDES
               permits or permit application data (e.g., Form 2C), Discharge  Monitoring Reports (DMRs), or other available information.

           10.  Waters with POTW dischargers requiring local pretreatment  programs where dilution analyses indicate exceedances of state water
               quality criteria (or EPA water quality criteria where state water quality criteria are not available) for toxic pollutants, ammonia, or
               chlorine.  These dilution analyses must be based upon data from NPDES permits or permit applications (e.g., Form 2C), Discharge
               Monitoring Reports (DMRs), or other available information.

           11.  Waters with facilities not included in the previous two categories such as major POTWs, and industrial minor dischargers where dilution
               analyses indicate exceedances of numeric or narrative state water quality criteria (or EPA water quality criteria where state water
               quality criteria are not available) for toxic pollutants, ammonia, or chlorine. These dilution analyses must be based upon estimates of
               discharge levels derived from effluent guideline development documents, NPDES permits or permit application data.  Discharge
               Monitoring Reports (DMRs), or other available information.

           12.  Waters classified for uses that will not support the "fishablc/swimmable" goals of the Clean Water Act.

           13.  Waters where ambient  toxicity or adverse water quality conditions have been reported by local, state, EPA, or other Federal Agencies,
               the private sector, public interest groups, or universities. These organizations and groups should be actively solicited for research they
               may be conducting or reporting. For example, university researchers, the United States Department of Agriculture, the National
               Oceanic and Atmospheric Administration, the United States Geological Survey, and the United States Fish and Wildlife Service are
               good sources of field data and research.

           14.  Waters identified by the state as impaired in its most recent Clean Lake Assessments conducted under section 314 of the Clean Water
               Act.

           15.  Waters identified as impaired by nonpoint sources in the America's Clean Water  The States' Nnnpoint Snurre Assessments 1985
               (Association of State and Interstate Water Pollution Control Administrators (ASIWPCA)) or waters identified as impaired or
               threatened in a nonpoint source assessment submitted by the state to EPA under section 319 of the Clean Water Act.

           16.  Surface waters impaired by pollutants from hazardous waste sites on the National Priority List prepared under section 105(8)(A) of
               CERCLA.
\l
                                                                                                                                45

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Draft 05115190
                                           Figure A-1
                                       USTING PROCESS
                                   Review water quality data to
                                     determine whether there
                                       are historical WQS
                                       violations, or trends
                                      indicating the water is
                                           threatened.
     Do not list waterbody.
   WQS
violations, or
threatened?
                                                 Yes
                                   Determine whether all required
                                 technology based pollution controls
                                (listed in 40 CFR 130.7(b)(1)(i,ii,iii)) are
                                           implemented.
                                                All
                                              required
                                              controls
                                           implemented?
                                                   No
                     Yes
    List waterbody, and
         develop
     TMDLs/WLAs/LAs
    according to priority
         ranking.
                                  Run model to determine whether
                                   implementing all of the required
                                  pollution controls will meet WQSs.
     Implementing the required
  pollution controls is adequate to
           meet WQSs.
    What
 are modeling
    results?
Implementing the required
 pollution controls is not
adeauateto meet WQSs.
    Do not list waterbody.
                           List waterbody & develop
                          TMDLs/WLAs/LAs according
                              to priority ranking.
46

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                                                                                        Draft 05/15190
                                          APPENDIX B
                          RELATIONSHIP TO OTHER PROGRAMS
Monitorina Procram
Ambient water quality monitoring is an information gathering tool used for almost all water quality analyses and
is required under section 104(a)(5) of the CWA. Monitoring can help identify waters needing TMDLs, quantify
loads, verify models, and evaluate overall water  quality management (including BMP) implementation and
effectiveness. Once TMDLs, WLAs, and LAs have been developed for a given waterbody it is critical to follow-up
with monitoring to document improvement. Due to the complex nature of some waterbodies, one cannot expect
improvements immediately.  Since the TMDL process is iterative, monitoring data can provide the information for
updating and revising current TMDLs, WLAs, and LAs.  In addition to providing information for allocation of
assimilative capacities, monitoring can be used for setting permit conditions, compliance, enforcement, detecting
new problems and trends, etc.

Section 3Q4(H - Impaired waters

Section 304(1) of the CWA required States to submit lists of impaired waters and sources to EPA as a "one time"
effort. These lists of waters known as the short, long, and mini lists provide three types of designations for impaired
waters and source impacts.  The mini list (section 304(e)(l)(A)(i)) is a list of waters the State does not  expect to
achieve numeric water quality standards for priority pollutants (section 307(a)) after technology-based require-
ments have been met, due to point or nonpoint pollution sources.  The long list (section 304(l)(l)(A)(ii)) is a
comprehensive list of waters that need additional pollution control actions whether due to toxicity or other
impairments; point or nonpoint sources; or toxic, conventional, or nonconventional pollutants. Waters meeting
designated uses, but not meeting the fishable/swimmable goals of the Clean Water Act are included on the long
list. A waterbody which meets its designated use criteria and does not meet fishable/swimmable criteria would be
listed on the section 304(1)  long list but not on the section 303(d) list of waters needing TMDLs. It would be
appropriate for a State to include the information on all waters from its long lists and apply these data in developing
the section 303(d) list of waters that still do not meet applicable water quality standards.  The short list (section
304(1)(1)(B)) is a list of State waters that are not expected to meet applicable standards after technology based
controls have been met, due entirely or substantially to point sources. A fourth list is the list of point sources of
priority pollutants which contribute to the impairment of waters identified on the short list.

Section 319 — Nonpoint Source Program

One of the key initiatives of  the 1987 Amendments to the Clean Water Act was the addition of section 319. The
establishment of a Nonpoint Source (NPS) Program is an inherent recognition of today's current water quality
programs. As a result of this section, States are required to assess their NPS pollution problems and submit that
assessment to EPA. The State assessments include a list of "navigable waters within the State which, without
additional action to control  nonpoint sources of pollution, cannot reasonably be expected to attain or maintain
applicable water quality standards or the goals and requirements of this Act." Other paragraphs of section 319(a)
require the identification of  categories and subcategories of NPS pollution which contribute to the identification
of unpaired waters, descriptions of the procedures for identifying and implementing BMPs and control measures
for reducing NPS pollution,  and descriptions of State and local programs used to abate NPS pollution.
25  USEPA. March, 1988. Final guidance for Implementation of Requirements under section 304(1) of the
    Clean Water Act as Amended. OWRS and OWEP, Washington, D.C.
                                                                                                   47

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Draft 05/15/90
Since one of the requirements is to identify waters with impairments due primarily to NFS, a natural application
of section 303(d) is to develop TMDLs, WLAs, and most importantly LAs for these waters. Waters which meet
applicable water quality standards but do not meet the fishable/swimmable goals and requirements of the Clean
Water Act do not have the legal mandate under section 303(d)(l) to require TMDLs.

Section 305(V) - Water Quality Assessment26

Section 305(b) of the Clean Water Act establishes a process for developing information about the quality of the
Nation's water resources and a vehicle for reporting this information to EPA. Currently, each State, Territory, and
Interstate Commission develops a program to monitor the quality of its surface and ground waters and report the
current status of water quality biennially to EPA. This information is compiled, and EPA prepares a biennial
report to Congress. The 305(b) report has received additional attention in recent years due to the increased need
to assess environmental results.  The section 305(b) report allows EPA to:

    • help determine the status of water quality;
    • help identify water quality problems and trends;
    • evaluate the causes of poor water quality and the relative contributions of pollution sources;
    • report on the activities underway to assess and restore water quality;
    • determine the effectiveness of control programs;
    • ensure that pollution control programs are focused on achieving environmental results in an efficient
      manner;
    • determine the workload remaining in restoring waters with poor quality and protecting threatened
      waters; and
    • maintain and update statutorily-required lists of waters identified under sections 303(d), 304(1), 314, and
      319.
For each assessed waterbody under the waterbody specific information section of the section 305(b) report, States
are asked to provide information on the water quality limited status, nonattainment causes, nonattainment sources,
cause magnitude, and source magnitude.  Much of this information  results  from section 305(b) waterbody
assessments and would provide useful information for meeting requirements of Clean Water Act section 303(d)
and 40 CFR 130.7. The WBS is a useful tracking tool designed to assist States in meeting these requirements.

EPA Criteria and Standards

EPA criteria published pursuant to section 304(a) of the Clean Water Act are guidance based on the latest scientific
information available on the effects of a pollutant on human health and aquatic life. States may adopt or modify
EPA's section 304(a) guidance in order to protect public health or welfare, and to enhance the quality of water
and to serve the purposes of the Clean Water Act.  In addition to listing uses  and criteria, State water  quality
standards must contain an antidegradation policy that, at a minimum, ensures that the State maintains and protects
existing uses and the water quality necessary to protect those uses. EPA recommends establishing numerical values
wherever practical (section 303(c)(2)(B)). However, EPA recognizes many conditions for which narrative criteria
should be retained.

States may develop site-specific criteria in cases where background water quality  parameters or aquatic organisms
differ from those used in the laboratory2 .  The criteria adopted by States  are water quality standards which are
enforceable requirements and are subject to public review. (Pubh'c hearings are required every three years.  The
26  USEPA. 1989. Guidelines for the Preparation of the 1990 State Water Quality Assessment (section 305(b)
    Report). OW/OWRS, Washington, D.C.
27  USEPA. 1983. Water Quality Standards Handbook. OW/OWRS, Washington, D.C.
28  Authority granted to States by CWA section 303(c).
48

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                                                                                        Draft 05115190
resulting standards are subject to EPA review and approval.) Once State criteria and standards are adopted, they
form a foundation of the State's water quality management program.  (Refer to the Standards to Permits process
for further details.)

Marine and estuarine waters

In January 1990, EPA published its National Coastal and Marine Policy (NCMP), which states EPA's goals for
coastal and marine protection. They include:

    • recover full use of the nation's shores, beaches, and water;
    • restore the Nation's shell fisheries and salt-water fisheries;
    • minimize the use of coastal and marine water for waste disposal;
    • improve and expand coastal science; and
    • support international efforts to protect coastal and marine resources.
EPA's programs to protect ocean and coastal waters and the Great Lakes from nutrient and toxic pollutants
emanating from point and  nonpoint sources are implemented under the Clean Water Act and the Marine
Protection, Research, and Sanctuaries Act (Ocean Dumping Act).

Marine and estuarine waters are, in many cases, the ultimate sink for pollutants which emanate from upland sources.
Estuaries and marine waters are particularly complex and it is difficult to predict pollutant fate and transport. To
address  the increased complexity and effect on aquatic life, water quality management efforts must  increase
accordingly.  TMDLs can be a useful tool for management of marine and estuarine waters. Technical support is
currently being revised to support estuarine modeling.

Groundwater

Contaminated ground-water discharge to surface water may be a source of contaminants in water quality-limited
surface waters.  While ground water and surface water are often treated as separate systems, they are in reality
highly interdependent components of the hydrologic cycle. Subsurface interactions with surface waters occur in
a variety of ways. In several studies, ground water discharge accounted for as much as 90% or more of stream flow
in humid regions. Therefore, the potential  pollutant contributions from ground water to surface waters should be
evaluated when developing TMDLs.

NPDES permits and Individual Control Strategies

According to the Clean Water Act (section 402(a)), all discrete sources of wastewater must obtain a permit that
regulates the facility's discharge of pollutants. The Act's approach to control and elimination of water pollution
is focused on the pollutants determined to  be harmful to receiving waters and on the sources of such pollutants.

Point sources are generally divided into two types:  "industrial" and "municipal."  Nationwide, there are ap-
proximately 50,000 industrial sources which include commercial and manufacturing facilities.  Municipal sources,
also known as Publicly Owned Treatment Works (POTWs), number about 15,700 nationwide. Wastewater from
municipal sources results from domestic wastewater discharged to POTWs as well as the "indirect" discharge of
industrial wastes to sewers. In addition, EPA regulations designate several classes of sources as point sources for
NPDES purposes even though they may not have a discrete discharge (such as animal feedlots, fish farms, and
other aquatic production facilities,  aquacultural operations).  For purposes of permit issuance and oversight,
industrial and municipal sources are further divided into "major" and "minor" sources.
29  USEPA. 	.  Technical Guidance Manual for Performing Wasteload Allocations, Book III - Estuaries.
                                                                                                   49

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Draft 05115190
Permits for both industrial and municipal sources contain the following terms and conditions:"3

     • Standard conditions common to all permits,
     • Site-specific discharge or "effluent" limits,
     • Standard and site-specific compliance monitoring and reporting requirements, and
     • Other site-specific conditions that EPA deems necessary to adequately control the discharge.
Section 304(1)(1)(D) of the Clean Water Act requires the development of individual control strategies (ICSs) for
point source discharges of priority toxic pollutants to waters identified on the short list. (The short list is composed
of State waters for which applicable section 307(a) priority pollutant standards are not expected to be met after
technology-based controls have been met, due entirely or substantially to point sources.)  In its section 304(1)
guidance, EPA requested that controls for all listed waters having known toxicity problems from any pollutant,
(including chlorine, ammonia, and whole effluent toxicity) be given the same priority as waters where only section
307(a) pollutants are involved.  An ICS consists of an NPDES permit, to the extent possible, for each point source
listed and documentation that the permit has been developed with consideration of other dischargers. A TMDL
for the waterbody and a WLA for the individual dischargers would be considered as adequate documentation. An
approvable ICS would consist of effective NPDES permit limitations and schedules for achieving such limitations
if they cannot be achieved upon permit issuance, along with documentation which shows that the controls selected
are appropriate and adequate.
30  USEPA. 1989. A Primer on the Office of Water Enforcement and Permits and Its Programs.
    OW/OWRS, Washington, D.C.
31  USEPA. 1985. Techncial Support Document for Water Quality-based Toxics Control. EPA-440/4-85-032.
32  USEPA. 1987. Permit Writer's Guide to Water Quality-based Permitting for Toxic Pollutants. EPA
    440/4-87-005.
50

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                                                                                      Draft 05/15190
                                          APPENDIX C
                          RELATIONSHIP TO OTHER GUIDANCE
Monitoring guidance
According to the Clean Water Act, States and Interstate Agencies, in cooperation with EPA, are to perform the
water quality monitoring necessary to establish and revise water quality standards, calculate TMDLs, assess
compliance with permits, and report on conditions and trends in ambient waters. The current program guidance
discusses the programmatic relationships of monitoring as an information collection tool for many of EPA's
program needs.  With NPS pollution recently receiving additional attention, tools have been developed to monitor
and evaluate NPSs.34 Revised Monitoring Program Guidance will be available in late 1990.

Wasteload allocation technical guidance

States and EPA have developed WLAs for a number of years. As a result, extensive technical guidance has been
developed for preparing WLAs. In all, nine documents have been prepared and are summarized in Table B-l.
(Some of these documents are in draft form.)

Table B-l. Wasteland Allocation Guidance Documents

                   Book          Guidance
                   I              General Guidance (Program Guidance)
                   II             Streams and Rivers
                   III             Estuaries
                   IV             Lakes and Impoundments
                   V             Toxics Control Guidance
                   VI             Design (Critical) Conditions
                   VII            Permit Averaging
                   VIII            Screening Manual
                   IX             Innovative Wasteload Allocations

These guidance manuals have been developed to make  improvements in methodology more widely available and
to provide a collection of procedures to support of development of WLAs. However, technical guidance for LAs
have not been developed to date.

Cooperative Monitoring

Cooperative monitoring involves shared efforts by individuals or groups in assessing water quality conditions and
developing local water quality-based controls. Cooperative arrangements are encouraged by the Clean Water Act
as referenced in section 104(a). Cooperative monitoring projects require careful planning and strong management
controls.  Current guidance   describes the factors to be considered in designing and implementing cooperative
33  USEPA.  1985. Guidance for State Water Monitoring and Wasteload Allocation Programs. OW/OWRS,
    EPA 440/4-85-031, Washington, D.C
34  USEPA.  1987. Nonpoint Source Monitoring and Evaluation Guide (Draft). OW/OWRS, Washington,
    D.C. [Monitoring Guide is currently being revised. New version due hi late 1990.]
35  USEPA.  1984. Planning and Managing Cooperative Monitoring Projects. OW/OWRS, EPA
    440/4-84-018, Washington, D.C.
                                                                                                51

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Draft 05115190
monitoring projects so that specific provisions are made for the collection and analysis of scientifically valid water
quality data and so that the State water pollution control agencies have the necessary information for final review
and approval of all projects.

Cooperative monitoring projects can serve the same usefulness as other monitoring studies; however, they also
provide a mechanism to utilize additional resources. In addition to "tapping" additional resources for monitoring,
there are other incentives for States and the regulated community to cooperate, such as having more site-specific
data from which to develop site-specific, scientifically-based water quality criteria.

Technical Support Document for Water Quality-based Toxics Control

The Technical Support Document (TSD) for Water Quality-based Toxics Control presents recommendations to
regulatory authorities when  they are faced with the task of controlling the discharge of toxic pollutants to the
Nation's waters. Included in this document are detailed discussions on EPA's recommended criteria for whole
effluent toxicity, a screening analysis methodology for effluent characterization, human health risk assessment, the
use of exposure assessments for wasteload allocations, and the development of permit requirements and com-
pliance monitoring. This TSD provides guidance for assessing and regulating the discharge of toxic substances. It
supports an EPA initiative involving the application of biological and chemical assessment techniques to control
toxic pollution and proposes solutions to complex and site-specific pollution problems. The TSD is currently being
updated and revised.

Permit Writers Guidance

The Permit  Writer's Guide to Water Quality-based Permitting For Toxic Pollutants provides State and Federal
NPDES permit writers and water quality management staff with a reference on water quality-based permit issuance
procedures. This guidance presents  fundamental concepts and procedures in detail and briefly refers to more
advanced toxics control procedures, such as dynamic modeling of complex discharge situations, which may not yet
be incorporated into many State programs.  The Guidance is meant to explain aspects of water quality-based toxics
control in terms of what a permit writer currently needs to know to issue a water quality-based toxics control NPDES
permit.

The NPDES permits program is now focused on control of toxic pollutants.  This document is directed at
supporting these toxics control efforts. Water quality problems related to conventional pollutants, such as those
associated with point source  contributions to oxygen depletion, are addressed in other guidance documents.

The Permit Writer's guidance addresses three types of toxic effects: toxic effects on aquatic life, toxic effects of
human health, and toxic effects due to the bioaccumulation of specific chemicals. Each effect must be dealt with
on an individual basis using available data and tools. This guidance also catalogues the principal procedures and
tools available and presents them in the context of their relationship to permit issuance.

An integrated toxics control strategy using both whole effluent toxicity-based assessment procedures and pollutant-
specific assessment procedures is strongly for most permitting situations.  Both procedures are needed to enforce
State water quality standards. Both have benefits and disadvantages, and so both are often  needed in the toxics
control process. Chemical specific controls will almost always be needed to meet State standards for individual
toxicants and to assess an effluent for human health and bioaccumulation problems.  Effluent toxicity testing will
usually be necessary to assess overall toxicity since effluents are often complex mixtures of pollutants.
36  USEPA. 1985. Technical Support Document for Water Quality-based Toxics Control. OW/OWRS &
    OWEP, EPA-440/4-85-032, Washington, D.C.
37  USEPA. 1987. Permit Writer's Guide to Water Quality-based Permitting for Toxic Pollutants.
    OW/OWEP, Washington, D.C.
52

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                                                                                         Draft 05115190
                         •50
Nonpoint Source Guidance

Section 319 of the Clean Water Act establishes new direction and considerable Federal financial assistance for the
implementation of State NFS programs. NFS guidance encourages States to develop State Clean Water Strategies
for integrating and unifying the States' entire approach to water quality protection and clean-up. Three steps were
identified in the process: comprehensive assessment of impaired or threatened waters, target protection of waters,
and development of strategic management plans. EPA is encouraging States to develop NFS programs which build
upon related programs  (e.g., Clean Lakes, National Estuaries, Stormwater  Permits, Ground Water,  Toxics
Controls, State Revolving Funds, and Wetlands) and to coordinate with other Federal Agencies.

Current guidance includes information on NFS requirements associated with section 319, principally development
of State Assessment Reports and State Management Programs. Provisions and grant application requirements
are also summarized.

Antidegradation and antibacksliding

Revisions to water quality standards may include revisions to the State's antidegradation policy or the procedures
through which the State plans to implement the antidegradation policy. Antidegradation policies and procedures
must ensure that the State maintains and protects existing uses and the quality of water necessary to protect those
uses.

Antidegradation policies must also ensure the protection of water quality above that necessary to maintain fish and
recreation, unless, after fulfilling public participation requirements, States can demonstrate that lower water quality
is necessary for important economic and social development in the vicinity of the water body. However, in no case
may a State allow water quality to deteriorate below that necessary to protect existing uses. Finally, antidegradation
policies must maintain and protect water quality for any outstanding national resource waters that the State
designates. Antidegradation implementation procedures must address how States will ensure that the permits and
control programs meet water  quality standards and antidegradation requirements.  States must provide an
opportunity for the public to review and comment on all aspects of water quality standard revisions. Any changes
to water quality standards are subject to EPA review and approval, and would include the review of the State's
antidegradation policy.
38   USEPA. 1987.  Nonpoint Source Guidance. OW/OWRS, Washington, D.C.
                                                                                                   53

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 Draft 05115190
                                         APPENDIX D
                  SUMMARY OF SELECTED MATHEMATICAL MODELS
 Table D-1          WLA models and their applicability to different water quality problems.

 Table D-2          Characteristics and Capabilities of Selected NFS Runoff Procedures and Models.
                    (after Review and Analysis of Available NFS and Integrated Watershed Models)

 Table D-3          Level of analysis and spatial resolution of selected WLA models.

 Table D-4          Characteristics and Capabilities of Integrated Watershed Models, (after Review and
                   Analysis of Available NFS and Integrated Watershed Models)
54

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                                                                                                Draft 05/15/90
Table D-l
WLA models and their applicability to different water quality problems.
Model
Name

Stream
D1ver
«ater Sody j water
Estuarv Lake
DO/800
Oual 1 tv
Eutroon-
i :3tlon
Prodi em
"3X1CS
      Hand Calculation
         Methods
      WQAM
      SNSIM
      DOSAG-1
      OOSA6-3
      QUAL-II
      QUAL-IIe
      RECEIV-II
      WASP
      AESOP
      HSPF
      SLSA
      MICHRIV
      CTAP
      EXAMS
      MEXAMS
      TOXIWASP
      WASTOX
      SERATRA
      FETRA
      TOOAM
      TOXIC
      CHNTRA
      SEM
      HAR03
      FEDBAK03
      OEM
      MIT-ONM
      EXPLORE-1
      H.S.  Chen
      Steady-State
       Nutrient Loading
       Models
      Chapra  Dynamic
       Loading node!
      Larsen  Dynamic  '
       Loading Model
      CLEAN
      CLEANER
      MS.CLEANER
      LAKECO
      ONTARIO
      WORRS
      Grand Traverse
       Bay Model
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X

X
X

X
X

X X X X
X
X
X X
X X
X X
X XX
X X X X
X X X X
XXX
X

X X
X X
X X
X X
X X
X
X
X
X
X X
X X
X X X
X X X
X X X
X XX
X X X
X X X
)








X
X
t
X
X
X
X
X
X
X
X
X
X







X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
                                                                                                  55

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                    Table D-2
Characteristics and Capabilities of Selected NFS Runoff Procedures and Models.
 (after Review and Analysis of Available NFS and Integrated Watershed Models)
I
5
K*,
l-n
i
                                  LAND USE/LOAD SOURCES  / HYDROLdGY  y^VATEH QUALITY/  TIME SCALE  /  DATA NEEDS /  §CALE /
LOADING/SCREENING
   PROCEDURES
   Hydrosclence
                                                                                                                                      A/M
   EPA
   Screening Procedures
   WRENS
   WLFNPS
   3WMM - Level f
                       0
                                                                                                                                     M/A
RUNOFF MODELS
   Simplified SWMM
   ARM
   NPS
   HSPF/PERLND t IMPLNO
       o
   CREAMS/CREAMS 2
   ANSWERS
    ACTMO
    SWMM
    STORM
    MUNP
    ILIUOAS/ORAINQUAL
    OR3M
    PRMS
                       o
                       o
                        o_
                        o
                                                                                                                                     M
                                                                                                                                     E/A
                                                                                                                                     E/A
                                                                                                                                      M
                                                                                                                                      M
                                                                                                                                      A


                                                                                                                                      A
                                                                             Notes: £-C.ptb,n,y included In model


                                                                                   Q-Gepablllly not enpllclly Included
                                                                                       but ten be usor defined
                                                                                    UM/Oocumenlitlon/3upporl


                                                                                           E -'Extensive

                                                                                           A - Adequele

                                                                                           M - Mlnlmel

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                                                                                             Draft 05/15/90
  Table D-3
Level of analysis and spatial resolution of selected WLA models.
Model Name
Level of Analysis
Quasi
Hand Steady* Steady-
Calculations State State Dynamic
Spatial Representation
Dimensions
0-D 1-D 2-D 3-0
Hand Calculation
Methods
SNSIM
DOSAG-1
DOSAG-3
OUAL-II
RECEIV-II
WASP
AESOP
HSPF
SLSA
MICHRIV
CTAP
EXAMS
MEXAMS
TOXIWASP
WASTOX
SERATRA
FETRA
TOOAM
TOXIC
CHNTRA
SEM
HARD 3
FEDBAK03
DEM
MIT-DNM
EXPLORE- 1
H.S. Chen
Steady-State Nutrient
Loading Models
Chapra Dynamic
Loading Model
Larsen Dynamic
Loading Model
CLEAN
MS. CLEANER
LAKECO
ONTARIO
WQRRS
Grand Traverse
Bay Model
X XX XXX

X X
X X
X X
X X X2
X XX
xb xxx
X XXX
X X
X X
X X
X XXX
X XXX
X XXX
xb xxx
xb xxx
X XC
X X
X X
X XXX
X X
XX X
X XXX
X XXX
X X Xa
X X
X X Xa
X X
X X

X X

X X

X X
X XXX
X X
X XXX
X X
X XX

*Quas1 2-0
Hi daily-averaged dynamic estuary nodels
C2-D, vertical
                                                                                                   57

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                                                                                                                                             i
                                                                                                                                             !
                  Table D-4
Characteristics and Capabilities of Integrated Watershed Models,  (after Review and
Analysis of Available NFS and Integrated Watershed Models)
WATERBODY ft FLOW
    CONDITIONS
                                                                       WATER QUALITY
                                                                     /TIME
                                                                     SCALE
 /
/
        / SPACE  /
NEEDS  / SCALE  /
                                                                                                                   DATA
                                                    /
                                                   /
   INTEGRATED
WATERSHED MODELS
  H8PF
   O
  8WMM (RECEIV)
              o
o
  pns
  UTM-TOX
                   o
                                                                                                                                        M
  SWAM
                                                                                                                                       M/A
                                                                             Nolei:
                                                                                              Included In modal
                                                                                   Q-C«p«blllly not •xpllclly Included
                                                                                      but c«n ba ucer-dellned
                                                                                     Uie/Oocumenlillon/Suppoil


                                                                                            E -'Ententlv*

                                                                                            A - Adequate

                                                                                            M - Mlnlm.l

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                                                                                   Draft 05/15/90
                                        APPENDIX E

                                    GENERAL OUTLINE
     EPA/STATE AGREEMENT FOR DEVELOPMENT OF TMDLs, WLAs, and LAs
Since conditions, procedures, and methodologies may vary between EPA Regions and their States, a general outline
of an example agreement is provided. This outline can be used in conjunction with the referenced technical
guidance documents to prepare EPA/State Agreements.
I.      General

       A.  Purpose, Scope, and Authority
       B.  Statement of Policy

II.     Water Quality Standards Considerations

       A.  General
       B.  Type of Stream Classifications

III.     Allocation Procedures and Policies

       A.  Basic Approach for Establishing Boundaries for Effluent Limitations Determination
       B.  Determination of Effluent Limitations Using Water Quality Models
       C.  Determination of Effluent Limitations Using Other Analytical Tools
       D.  Special Case Policies

IV.     Approval of TMDLs, WLAs, and LAs

V.     Incorporation of Allocations into NPDES Permits

       A.  General
       B.  Priority Considerations

Appendix - State Continuing Planning Process (CPP)
                                                                                             59

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Draft 05115/90
                                        APPENDIX F

                           EXAMPLE TRANSMITTAL LETTERS
                      The following letters are provided as examples to initiate the
                      review process and EPA's action. Included as examples are
                      the State's transmittal of completed TMDLs, WLAs, and LAs
                      to EPA requesting approval, EPA's letter approving the
                      State's TMDL, WLA, and LA, EPA's letter requesting addi-
                      tional information prior to approval, and EPA's letter of
                      disapproval.
60

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                                                                                      Draft 05115/90
                   EXAMPLE: STATE LETTER TO EPA REQUESTING
                              TMDL, WLA, AND LA APPROVAL
Regional Administrator
U.S. Environmental Protection Agency
Region	
Street Address
City, State, Zip Code

Dear	:

In accordance with 40 CFR 130.7(d) and section 303(d) of the Clean Water Act (33 U.S.C. 1251 et. seq.), the (State
water pollution control agency) submits for your review and approval the (wasteload allocations and/or total daily
maximum load) for the (discharges) to (waterbody) as being established at a level necessary to meet the applicable
water quality standard(s) with consideration of seasonal variation and a margin of safety.

This (wasteload allocation/total daily maximum load) was given public review during (date(s) of review period)
and approved by the State and will serve as the basis for NPDES permits, construction grants projects, and for
incorporation into the State's Water Quality Management Plan. To facilitate your review, we are enclosing the
calculations used to develop the TMDL, WLA, and LA.

                                                     Sincerely yours,
                                                     State Water Pollution Control Official

Enclosure3
39  Methods used, analyses, and calculations showing that the WLA is established at a level necessary to
    implement the applicable water quality standards, (see 40 CFR 130.7(c)).
                                                                                                61

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Draft 05115190
        EXAMPLE: EPA LETTER TO STATE APPROVING TMDL, WLA, AND LA
Chief, Water Division
State Water Pollution Control Agency
Street, Box Number
Citv State, Zip Code

Dear	:

We have completed our review of  the total maximum daily load/wasteload allocation for the (discharges) to
(waterbody) as submitted by your agency on (date). From our review, the effluent limits as established (e.g., oxygen
demanding substances, nutrients; general toxicity, toxic substances, etc.) for the defined segment are approved.

This total maximum daily load/wasteload allocation meets the requirements for total maximum daily loads and
wasteload allocations as specified under section 303(d) of the Clean Water Act and is hereby approved.

                                                    Sincerely yours,
                                                    Regional Administrator
62

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                                                                                   Draft 05115190
  EXAMPLE: EPA LETTER TO STATE REQUESTING ADDITIONAL INFORMATION
Chief, Water Division
State Water Pollution Control Agency
Street, Box Number
City, State, Zip Code

Dear	:

We have completed our review of the TMDL, WLA, and LA for the (discharges) to (waterbody) as submitted for
approval by your agency on (date). We have the following comments or questions:

                  1.	

                  2.	

                  3.
                  etc.
We cannot proceed in our review of your request for approval until a satisfactory reply is received on the above
comments or questions. A prompt response is requested to avoid disapproval.

Should the submitted TMDL, WLA, and LA be disapproved, EPA will, in accordance with section 303(d) of the
Clean Water Act, establish the TMDL, WLA, and LA for the (discharges) to the (waterbody) as defined and as
determined necessary to implement the applicable water quality standard(s).

If you have any questions, or need further clarification of our comments, please contact  (namel   on (phone
number).

                                                  Sincerely yours,
                                                  Regional Administrator
                                                                                            63

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Draft 05/15190
      EXAMPLE:  EPA LETTER TO STATE DISAPPROVING TMDL, WLA, AND LA
Chief, Water Division
State Water Pollution Control Agency
Street, Box Number
City, State, Zip Code

Dear                   :
We have completed our review of your response (dated) to our comments and questions (dated) regarding the
TMDL, WLA, and LA submitted by your agency (dated) for the (discharges) to (waterbody). We find the TMDL,
WLA, and LA not acceptable and is hereby disapproved for the following reasons:

                   1.	

                   2.	

                   3.
                  etc.
In accordance with section 303(d) of the Clean Water Act, EPA will, within thirty (30) days from this date, establish
the TMDL, WLA, and LA for (discharges) to (waterbody) necessary to implement the water quality standard(s)
including consideration of seasonal variation and a margin of safety.

                                                    Sincerely yours,
                                                   Regional Administrator
64

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                                                             Draft 05115190
              LIST OF ACRONYMS

AT            Advanced Treatment
BAT           Best Available Technology
BCT           Best Conventional Technology
BMP           Best Management Practice
BODs          5-day Biochemical Oxygen Demand
BPJ            Best Professional Judgement
CCC           Criteria Continuous Concentration
CFR           Code of Federal Regulations
CMC           Criteria Maximum Concentration
CPP           Continuing Planning Process
CSO           Combined Sewer Overflow
CWA          Clean Water Act
EPA           Environmental Protection Agency
FR            Federal Register
ICS            Individual Control Strategy
LA            Load Allocation
NCMP         National Coastal and Marine Policy
NPDES        National Pollution Discharge Elimination System
NFS           Nonpoint Source
POTW         Publicly Owned Treatment Works
QA/QC        Quality Assurance/Quality Control
TMDL         Total Maximum  Daily Load
TRE           Toxic Reduction Evaluation
TRI            Toxic Release Inventory
TSD           Technical Support Document
WBS           Waterbody System
WLA           Wasteload Allocation
WQMP        Water Quality Management Plan
WWTP         Wastewater Treatment Plant
                                                                      65

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Draft 05115190
    SELECTED OFFICES, DIVISIONS, BRANCHES, AND SECTIONS WITHIN EPA


                                                                              General Contact
                                                                              Phone Number

OW   Office of Water                                                               382-5700

OWRS Office of Water Regulations and Standards                                        382-5400

       AED   Analysis and Evaluation Division                                         382-5389
       ITD    Industrial Technology Division                                           382-7120
       CSD    Criteria and Standards Division                                          382-7301
       AWPD Assessment and Watershed Protection Division                             382-7040
           Monitoring Branch                                                        382-7056
               Monitoring Management Section (TMDLs/WLAs)
               Monitoring Analysis Section
           Water Quality Analysis Branch                                              382-7046
               Information Services Section
               Special Studies Section
               Exposure Assessment Section
           Nonpoint Source Control Branch                                             382-7085
               Clean Lakes Section
               Nonpoint Source Control Section (BMPs/LAs)

OMEP Office of Marine and Estuarine Protection                                        382-7166

OWEP Office of Water Enforcement and Permits                                         475-8488

OMPC Office of Municipal Pollution Control                                             382-5850

ODW  Office of Drinking Water                                                       382-5543

OGWP Office of Ground Water Protection                                              382-7077

OWP  Office of Wetlands Protection                                                   475-7791
    All area codes are 202.
66

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