Department of Environmental Quality

9th Annual Clean Rivers Clean Lake Conference April 25, 2013 Benjamin Benninghoff DEQ Municipal Stormwater Coordinator

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Oregon [Orygun] Topography

Sea Level - 500ft.

Above 6000ft.

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Temperate Rainforestor High Desert??

<10 10-15 15-20 20-30 30-40 40-60

60-80 80-100 100-140 140-180 >180

Inches

Average Annual Precipitation

Spatial Climate Analysis Service, Oregon State University

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General Oregon Land Cover

Ag Barren Urban Forest Grass Juniper Shrub Water

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Oregon Landscapes

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Presentation Outline
Oregons TMDL Program
History/background Program structure/approach Adaptive Management Reasonable Assurance Implementation Urban sources, Agriculture, Forestry Lessons learned Trading

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Total Maximum Daily Loads (TMDLs)

Developed for impaired waterbodies. Defines amount of pollutants a specified waterbody can receive and still meet Water Quality Standards (i.e., Loading Capacity). Requires USEPA approval

WLA + LA + MOS = TMDL

WLA Wasteload Allocation for Point sources, including MS4s LA Load Allocations for Nonpoint sources/Natural background MOS Margin of Safety

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Oregons TMDL Program History

Oregon TMDL Major Milestones 1988 1st TMDLs approved 1998 Litigation - Expanded 303(d) list 2000 TMDL consent decree 2010 TMDLs completed Oregon Administrative Rules (OAR) Chapter 340, Division 042 http://www.deq.state.or.us/wq/tmdls/info.htm

Department of Environmental Quality Oregon TMDL Process

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Which TMDL Applies?

List of USEPA Approved TMDLs for Oregon http://www.deq.state.or.us/wq/tmdls/basinlist.htm

DEQ TMDL Adaptive Management Approach Assess

CWA Objectives 303d Listing

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Adjust
Capture & Share Learning Revise Plan as needed

Plan
TMDLs & Implementation Plans

Evaluate
Compare Monitoring with Objectives
Periodically review overall Watershed Management Program

Implement
BMPs , Restoration & Monitoring

Monitor
Implementation & Effectiveness Monitoring

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TMDL Implementation - Urban Sources

Oregon Department of Environmental Quality OAR 340 Applies to State and Local Land Use Authorities and other sources Water Quality Management Plan NPDES or state WPCF permits Permit conditions (numeric or narrative) TMDL Implementation Plans (IP) Must align with Statewide Planning Goals

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TMDL Implementation Forestry

Oregon Department of Forestry OAR 629 Applies to State, Local and Private Forests BMPs for Riparian Areas, Replanting, Road Construction, and other Maintenance Written plan required

http://www.oregon.gov/ODF/privateforests/pages/fpakeys.aspx

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TMDL Implementation Agriculture

Oregon Department of Agriculture OAR 603 Applies to CAFOs and other agricultural sources Agriculture Water Quality Management Program CAFOs NPDES permits 39 management areas Focus - manure management, riparian condition, erosion Rules Identifies prohibited condition Area plans Best Management Practices http://www.oregon.gov/ODA/NRD/Pages/water_quality_front.aspx

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Urban Runoff Source TMDL Implementation

Point source = NPDES permit (i.e., MS4) = Stormwater Management Plan Non-point source = TMDL Implementation Plan Presumptive Approach Implement BMPs = Progress towards TMDL WLA/LA MS4 Phase I Permittees must conduct monitoring Annual Reports Submittal and Review Comprehensive Plan Review and Update = 5 years http://www.deq.state.or.us/wq/stormwater/stormwater.htm

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TMDL-related Monitoring Gresham Group MS4 Permit

Monitoring Type Instream Monitoring

Continuous Instream Monitoring

Monitoring Monitoring Location(s) Frequency Four (4) sites in the Four (4) Johnson events/year Creek Two (2) continuous Ongoing monitoring stations

Pollutant Parameter Analyte(s) Field; Conventional; Metals (Total Recoverable & Dissolved); Nutrients Temperature Flow

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TMDL-related Monitoring Gresham Group MS4 Permit (Cont.)

Monitoring Type Stormwater Monitoring Storm Event Macroinvertebrate Monitoring

Monitoring Location(s) Three (3) sites

Monitoring Frequency Three (3) events/year One (1) event/year

Pollutant Parameter Analyte(s) Field; Conventional; Metals (Total Recoverable & Dissolved); Nutrients; Pesticides ------------

Two (2) sites in the Johnson Creek

Two (2) Field; Conventional; events/year Structural BMP One (1) site inlet Metals (Total Recoverable and outlet through Dec. 31, Monitoring & Dissolved); Nutrients; 2013

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Progress towards TMDL WLA

TMDL Benchmark Reduction MEP or RA TMDL WLA 5 10 15 Permit/TMDL Plan Review Years MEP: Maximum Extent Practicable 20

Pollutant Load

RA: Reasonable Assurance

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TMDL Benchmark Development

Qualitative narrative vs. Quantitative model Describe estimated pollutant reductions in narrative and/or use visual graphics. Use performance measures (e.g., measurable goals, water quality monitoring) and BMPbased benchmarks to verify progress. Assess each BMP for pollutant reduction effectiveness for each TMDL WLA pollutant.

TMDL WLA Estimate Pollutant Department of Environmental Quality Estimate Existing Compare estimated Load Reduction Evaluation & Pollutant Load pollutant load achieved through implementation of based on current achieved through Benchmark land use reductions to WLA existing SWMP BMPs Development 1 2 3 Process TMDL WLA Evaluation
Estimate Pollutant Load considering future land use Propose additional or alternative BMPs to show progress towards WLA based on MEP Standard
NO

Is WLA being met?

YES

Continue to Implement, Operate, Maintain and/or iteratively manage SWMP BMPs

6
Estimate Pollutant Load Reduction based on future implementation of proposed BMPs

Identify targeted TMDL Benchmark

Implement proposed BMPs

TMDL Benchmark Development

8
Conduct Step 1 and Step 2 once during permit term to determine if TMDL benchmark is met. Was benchmark met?

9
Start over at Step 5 and begin TMDL Benchmark Development Process again. Repeat until WLA is met.

Quantitative Approach

Use iterative management process to reassess SWMP and determine what additional or alternative BMPs may be needed

YES

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Examples of BMPs for bacteria benchmarks

Comprehensive cross-connection program and remove 100% of crossconnections within 30 days. Education campaign at 5 dog parks/high dog use areas during wetweather season. Coordinate bacteria monitoring and use other tracking measures to determine effectiveness. Reduce EIA of large parking lots or rooftops by 10% jurisdiction-wide.

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Lower Willamette River SubBasin

- City of Gresham

4th Field HUC 17090012

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City of Gresham TMDL Evaluation/ Benchmark Development Johnson Creek Willamette Watershed

5th Field HUC 1709001201

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City of Gresham TMDL Evaluation/ Benchmark Development Johnson Creek Willamette Watershed

5th Field HUC 1709001201

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Lessons Learned
Clearly Identify Performance Expectations Important for trading e.g., MEP standard Identify Assessment Scale Geographical Spatial Scale Management Unit Oregon - 6th Field HUC Monitoring and tracking success How will this be determined? Discuss early and often

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Future Considerations
Implementation-ready TMDLs Determining adequacy of resources Using surrogates to assess progress Comprehensive environmental monitoring WLA Attainment Verification vs. TMDL Revision

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TMDL Trading
What is currently traded in Oregon? Temperature Point/Non-point BOD/Ammonia Point/Point Where are the trades occurring? Columbia Basin Rogue River Basin Tualatin Basin Bacteria Trades Most common urban runoff related TMDL pollutant in Oregon

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Tualatin TMDL Trading Case Study

Clean Water Services watershed-based permit Wastewater treatment plants (4) Municipal stormwater Industrial stormwater Trading Obtain credits from NPS for riparian restoration (stream shading) Augment instream flows ( baseflow) Intramunicipal for BOD/ammonia discharge loads http://www.deq.state.or.us/wq/wqpermit/cwspermit.htm

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Tualatin Temperature Profile

on July 27,1999

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Compensating for Growth Rate of Trees

20
Cooling
Cooling via Refrigeration Cooling via Shade from Trees

0 1
Time (years)

20

The equation modified

Length of Stream Required = 2 x Excess Heat Load (Reduced Daily Solar Load x River Width)

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Lessons Learned
Use a stakeholder group to design the trade. Where you dont have rules, you better have trust. If stakeholders appreciate that trading can be a better way to protect the resource, they may accept: Longer timeframe for implementation Environmental benefit in a location other than at the outfall Uncertainty Litigation can change everything

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Contact Information
Benjamin Benninghoff Municipal Stormwater Coordinator #503-229-5185 Benninghoff.Benjamin@deq.state.or.us 811 SW Sixth Ave., Portland, OR 97204-1390