Total Maximum Daily Loads and Drinking Water Utilities

Total Maximum Daily Loads (TMDLs) are required under Section 303(d) of the CWA for water bodies that do not attain water quality standards after technology-based pollution control requirements are applied. While this provision has existed in the CWA since 1972, it was brought to the forefront through a series of citizen suits in the 1980s and 1990s which required states and United States Environmental Protection Agency (USEPA) to list water bodies not attaining water quality standards (so-called 303(d)-listed water bodies), and develop maximum loadings as necessary to meet water quality objectives. In many cases, aggressive schedules for development of TMDLs for those water bodies were also required. AwwaRF and Water Environment Research Foundation sponsored an experts workshop bringing together regulators, water and wastewater utilities, and other stakeholders to explore the links between the ?clean water? and ?safe water? communities represented by the Clean Water Act (CWA) and the Safe Drinking Water Act. The objectives of the workshop were to: 1. identify gaps in current knowledge of the Total Maximum Daily Load (TMDL) program, 2. identify benefits and impacts to utilities of the TMDL program, 3. open communication between regulating agencies and utilities, and 4. identify future TMDL information and research needs. A two-day workshop was convened and attended by experts from state and federal regulatory agencies, water and wastewater industries, regional authorities, and nonprofit and non-government agencies. The workshop was held at the River Club in Scituate, Mass., on December 11-12, 2003. A short cost and benefit analysis was accomplished following the workshop. A major objective of the project was to define the issues related to the TMDL rules and processes from the perspective of a water utility. The issues were consolidated into six overarching topics including (1) data and analysis, (2) water quality standards versus maximum contaminant levels, (3) implementation of controls, (4) interagency relationships, (5) public outreach, and (6) watershed comprehensive planning. The study also identified benefits of utility involvement in the TMDL process that included reduced public health risks, reduced treatment requirement and costs, appropriate control measures, good public relations, and other benefits. Perhaps the most important finding was the determination that drinking water utility participation in the TMDL process is extremely important and that any negative consequences would occur with or without utility participation. The results of this research project have numerous practical benefits to the drinking water community. This study presents important information about the TMDL regulations and the relationships of TMDLs to SDWA regulations. The material developed can help guide drinking water utilities into both the liabilities presented by the TMDL requirements and the way TMDLs can be used as part of a source water protection program. This research also identified benefits and risks to water utilities from the establishment of TMDLs and future TMDL research needs that will support the drinking water utilities.