Total Maximum Daily Load Stakeholders Picking Up SpeedTMDL stakeholders picking up speed
By Bryan Moore
The Clean Water Act was passed in 1972 with the stated purpose to "restore and maintain the chemical, physical, and biological integrity of the Nation’s waters." Although the law has a very straightforward, easily understood objective, many polluters have effectively prevented its proper implementation for the past 25 years through corruptive interference at the state level.
In recent years, lawsuits have been filed against the Environmental Protection Agency to fully implement the Clean Water Act at the state level. West Virginia is one of the states that has been affected by these lawsuits due to its long-term disregard in recognizing the requirements of the Clean Water Act.
As a result, the West Virginia Division of Environmental Protection (DEP) established a stakeholder group early last year to address the issue of Total Maximum Daily Load (TMDL), which is one of the most important provisions in ensuring clean water quality standards. The stakeholder group is drafting a guidance policy for DEP that would list impaired waters for the development and implementation of a TMDL program, which would (theoretically) return those water bodies to an acceptable level of water quality.
TMDL’s amount to "river clean-up plans" that require states to compile lists of unsafe waters and develop strategies to clean them up. Once impaired waters are placed on the TMDL — or 303(d) — list, proposals for new and increased discharges should receive greater scrutiny. Clean Water Act regulations prohibit new discharges that compromise water quality standards. In practice, however, West Virginia has allowed new discharges to impaired waters.
The stakeholder group is composed of 22 representatives of environmental organizations, outdoor sporting groups, watershed associations, industry, agriculture and forestry. This process has given participants a chance to address these issues in an open, consensus-based forum, rather than through court proceedings. Although many polluters have yet to appreciate this opportunity, the committee is progressing. If everything goes as planned, the committee will finish in about six months with the issues on the table, and continue to meet over the next several years to help with implementation of the guidance policy.
Bryan Moore, a West Virginia Rivers Coalition board member, represents the organization on the TMDL stakeholder committee. For more information about this committee, call Bryan at 304/842-2779, or e-mail BKMoore@webTV.net.