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TMDL’s get no respect! They are the butt of jokes. Perhaps you
have heard that T-M-D-L stands for “Too Many Darn Lawyers.” However, for
wildlife that does not get to vote on Election Day, TMDLs are no joke – TMDLs
hold the voting humans accountable for the pollution they generate.
So What Exactly is a TMDL?
A Total Maximum Daily Load (TMDL) is the limit placed on a specific pollutant entering a water body. It is sometimes called the water body’s assimilative capacity for a given pollutant. TMDLs are determined by a rigorous analytical process and are subject to public scrutiny. Eventually, TMDLs are reviewed and approved by the U.S. Environmental Protection Agency (EPA).
The outcome of the TMDL is a number that indicates the maximum load of a specific pollutant to a water body that will allow water quality standards to be met. Sometimes a percentage reduction from existing loads is also included. The maximum load and load allocations help managers understand the magnitude of the controls needed, and often where they can be most effective.
Milestone on the Way to Meeting Water Quality Standards
Achieving load allocations is just a milestone on the way to the final goal of meeting water quality standards. If the TMDL load allocations are met, but water quality standards are not, the allocations may need to be modified. Similarly, any controls that improve water quality, whether done explicitly (i.e., as “TMDL implementation”) or otherwise, count toward achieving the water quality standards.
Is it a Local, State, or Federal Issue?
Federal laws and regulations focus on the requirements for a complete TMDL, but provide few specific requirements for implementing TMDLs. The key requirement is to ensure that federal discharge permits are consistent with TMDLs or other regulatory programs. By itself, a TMDL is not enforceable. It is a planning tool used to improve water quality. However, there are many sources of pollution that do not fit nicely into the federal permitting framework. Unregulated sources are typically diffuse sources that generate pollutants from broad areas. Since such pollution is not discharged from a specific pipe or “point” in space, it is called nonpoint source (NPS) pollution.
Countless decisions are made every day across Maryland that effect NPS pollution. And while state government is responsible for reducing specific pollution, and keeping it from increasing in the future, local governments make many routine decisions on planning, zoning, and building. These decisions directly affect either present or future water quality. Recognizing the unique position and stake that local governments have in water quality management, the State of Maryland works closely with local governments to develop ways to meet the challenges of TMDL implementation.
State and Local Coordination
Because TMDLs were developed with implementation in mind, it is fair to say that State and local coordination on TMDL implementation began many years ago. The more explicit process began with an advisory group of local government officials that helped to organize a workshop held in September 2004.
The advisory group met and reviewed pieces of the evolving guidance document from October 2004 through spring of 2005. This past June, a preliminary draft of Maryland’s “TMDL Implementation Guidance for Local Governments” was circulated to various local government departments with an invitation to another workshop. In September, a second workshop was conducted to review the document and discuss the issues. An interim guidance document will be issued this year, with the understanding that the advisory group will continue working on it 2006. The revision is likely to be issued in 2007.
Balancing Land Use and Environment
Recently, in a separate but closely related process, the secretaries of the Departments of Environment and Planning launched an initiative entitled “Balancing Land Use and Environmental Decisions.” The initiative was kicked off by a series of presentations to the Maryland Association of Counties (MACO), Maryland Municipal League (MML) and the Maryland Economic Development Association (MED A). Four regional workshops drew participants from local government, engaged in analyzing land use planning scenarios, designed to illuminate some of the challenges facing Marylanders.
The long-term goal of the initiative is to assist local government in better aligning their comprehensive and infrastructure planning. By knowing their resource limitations, jurisdictions can anticipate what the State will require to quantify and enforce over time. TMDLs and water withdrawal limits form a critical framework that must be taken into account in planning for growth. As part of this effort, MDE plans more stakeholder and development community outreach in early 2006.
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