Virginia's TMDL program completes 11-year consent decree cycle
June 9, 2010; DEQ Director David K. Paylor
 DEQ Director David K. Paylor
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In 1999, Virginia began the development of pollution studies of streams and rivers deemed impaired, or polluted, waters. These studies are known as "total maximum daily loads" and represent the total amount of a pollutant a water body can contain and still meet federal water quality standards outlined in the Clean Water Act.
A rigorous TMDL development schedule was set forth in a federal court consent decree in 1999 requiring that the Virginia Department of Environmental Quality complete pollution studies for approximately 670 impaired segments by May 1, 2010.
On April 28, DEQ mailed the last group of six TMDL reports to the EPA, essentially completing the consent decree requirements. Several TMDLs are scheduled to be completed including those for which EPA has the lead, such as the Chesapeake Bay impairments and Accotink Creek in Fairfax County. DEQ will also retain the lead on conducting bacteria TMDLs that involve combined sewer systems.
In the last eleven years, the TMDL program has evolved into to a process that has established pollution reduction targets for hundreds of stream and river segments throughout the Commonwealth. In addition to the TMDLs required under the consent decree, Virginia completed 200 non-consent decree impairments. Numerous water quality improvements have resulted from all TMDLs and will continue to result from DEQ’s efforts. One example is the restoration of 1,462 acres of shellfish areas in the Lynnhaven watershed due in large part to a bacteria pollution study and cleanup activities.
The TMDL program has strengthened working relationships within the agency and with other state agencies, local governments and concerned Virginians. The program's proactive and innovative approach to TMDL development is largely responsible for the successful completion of the consent decree schedule.
The TMDL program will continue to face many new challenges as it moves from the decade of the consent decree into the future. The workload remains high and will be driven more by available resources instead of a court ordered schedule. DEQ will need to continue using innovative approaches to address new challenges, such as developing TMDLs in heavily urbanized watersheds.
Another challenge will be developing TMDLs for use as technical support documents in those water bodies or segments that may ultimately warrant a modification in their federal designated uses if existing uses cannot be achieved. Depending on the stream or river segment, those uses include recreation such as swimming and boating; the propagation and growth of aquatic life; wildlife; and the production of edible and marketable natural resources such as fish and shellfish.
DEQ continues to strengthen the working relationships between the TMDL and permit programs through joint development of guidance documents and the TMDL waste load allocation tracking system currently under development. A waste load allocation is that portion of the loading capacity allocated to an existing or future point source such as a municipal wastewater treatment plant or industrial waste treatment facility.
The tracking system is scheduled for completion in early 2011 and will allow users to view and search for TMDL, waste load allocation, and permit information on a user-friendly online map. This will further enhance communications and data sharing between DEQ and the regulated community, general public, EPA, and other state agencies and continue us on the path of protecting and improving the environment.