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TMDL Implementation
Overview
This web page consolidates helpful information on the subject of TMDL implementation in Maryland. The contents list above provides a guide, with each heading serving as a link. As noted in the background below, federal guidance on TMDL implementation is limited, and the subject is evolving. We encourage you to consult other websites of other States to see what they are doing. We also encourage feedback on what you find helpful and what you would like to see on this page (email Jim George).
Background
The State of Maryland is committed to working toward the implementation of TMDLs. MDE’s Science Services Administration (SSA formerly TARSA) is responsible for TMDL development, and has accepted the role of coordinating the implementation of TMDLs. However, the roles and responsibilities for specific TMDL implementation activities are distributed among a wide variety of private and public entities. Defining and communicating these roles and responsibilities is an on-going effort.
The federal Clean Water Act, and implementing regulations (40CFR130 - Leaving MDE Website), say little about TMDL implementation. Briefly, TMDL regulations found at 40CFR130.7(a) specify that the State's Continuing Planning Process (CPP – 40CFR130.5) should describe how approved loads will be incorporated into NPDES permits and into the State's Water Quality Management Plans (40CFR130.6).
Federal EPA guidance on TMDL implementation is also limited. Guidance is provided in a 1997 EPA Memo entitled "New Policies for Establishing and Implementing Total Maximum Daily Loads (TMDLs)" (EPA Site). On November 22, 2002, EPA provided clarification of existing TMDL regulations on the subject of implementing TMDLs through NPDES permits for stormwater (EPA Site).
Maryland's TMDL Implementation Framework click here (pdf, 41 KB)
This brief document gives an overview of the State’s current framework for TMDL implementation. Because of the complexity and evolving nature of this subject matter, this document is a work-in-progress. By labeling the document, “Discussion Draft,” we implicitly encourage your comments and suggestions.
As an appendix, the document includes a watershed planning guidance from EPA's Section 319 nonpoint sources grant eligibility requirements. It outlines the elements of a watershed plan designed to attain and maintain water quality standards, which is the goal of TMDL implementation. In the absence of federal guidance, this broad outline provides a logical framework for TMDL implementation planning.
2006 TMDL Implementation Guidance for Local Governments
A key element of Maryland's TMDL Implementation strategy is to engage local governments. The TMDL Implementation Guidance was developed as an outcome of a series of local government workshops initiatated in September 2004. An Advisory Group, composed of local government officials, helped craft the Guidance during 2005.
Because policies and operational issues are evolving rapidly, the Guidance is expected to be refined. MDE encourages local government involvement in making those refinements. See Contact Information below if you have questions or would like to be involved.
Maryland's Tributary Strategies
Maryland’s Tributary Strategies are broad implementation plans for achieving and maintaining nutrient allocations for the ten major watersheds that drain to the Chesapeake Bay. These allocations were established through the year-2000 Chesapeake Bay Agreement process. Local governments should actively support development of Tributary Strategy implementation basin plans as an initial phase of Maryland’s nutrient TMDL implementation planning process. More information is available at DNR’s Tributary Strategy Website.
Land Use Planning and TMDL Implementation
Making changes to the landscape can have profound effects on water quality.
- The topic of land use planning was acknowledged in several ways during workshops on TMDL Implementation for Local Governments during 2004 and 2005.
- This topic was the focus of a March 7, 2005 workshop entitled " Integrating Land Use Planning and Watershed Planning."
- Land use and water quality was addressed at a May 26, 2005 workshop entitled "The Mason-Dixon Dilemma: Assessing the Impacts of Regional Growth Patterns in the Chesapeake Watershed."
- In 2006 The Maryland General Assembly passed HB 1141 that amends existing land use planning laws to, among other things, require a water resources element (WRE) in local comprehensive land use plans. The WREs will help ensure that local zoning and land use decisions will reflect “carrying capacity” of water supply and water quality resources. Water Resource Element Guidance will be finalized in Spring 2007, and will include procedures for assessing nonpoint source impacts of future land use decisions. HB1141 requires MDE to provide technical assistance to local governments upon request.
National Examples of TMDL Implementation Plans, State Programs and Guidance Documents
The following links are a work in progress. They are not intended to be comprehensive, nor do they represent any preferences of the Maryland Department of the Environment.
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Delaware: Delaware is applying the concept of citizen Tributary Action Teams to participate in the development of "Pollution Control Strategies" for each of their TMDLs. Each Tributary Team must write a formal Pollution Control Strategy that includes numerous ways to reduce pollution levels. http://www.dnrec.state.de.us/water2000/Sections/Watershed/ws/pcs.htm
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Virginia: By state law, Virginia requires the development of TMDL implementation plans. The following link guides you to Virginia’s TMDL Implementation Guidance Document, Draft and Final Implementation Plans for Bacteria TMDLs, and their implementation plan development schedule. http://www.deq.virginia.gov/tmdl/implement.html
Archives click here
In order to keep out TMDL Implementation Web Page uncluttered, we have moved some information to an "Archives" page. This ensures that you have access to past information that still has relevance.
Contact Information
For information on TMDL Implementation contact Jim George at (410) 537-3579.
For general questions about Maryland's TMDL program, contact Melissa Chatham at (410) 537-3937.
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