WYOMING'S PROGRAM TO ADDRESS TOTAL MAXIMUM DAILY LOADS (TMDLs)

A Total Maximum Daily Load (TMDL) is the amount of pollutant which a stream can accept and still meet its designated uses. TMDLs must be established for each pollutant which is a source of stream impairment. They must be measurable and must consider both point and nonpoint source pollutant loads, natural background conditions, and a margin of safety.

Section 303(d) of the Clean Water Act requires states to:

1) Identify all waters of the state which are impaired--i.e. they contain pollutants which adversely affect the designated use of the water.

2) Prioritize all impaired waterbodies for development of TMDLs. Prioritization is to take into consideration public health and environmental risk. Therefore, point source discharges generally are a higher priority than nonpoint sources of clean sediment.

3) Establish and adopt TMDLs for all impaired waterbodies or for waterbodies which would be impaired if a TMDL was not established.

If a state does not comply with Section 303(d), the Environmental Protection Agency is required to perform these activities.

Every two years, the state must evaluate it's water quality data, and submit an updated impaired waterbody list to the Environmental Protection Agency (EPA) for approval. This list is generated from the Statewide Water Quality Assessment (also known as the 305(b) Report) which also must be submitted every two years. Due to the lack of water quality data available, the Water Quality Division began using surveys in 1990 to determine stream status. These surveys were sent to Conservation Districts, U.S. Forest Service, BLM, Game and Fish, etc. The "professional judgement" of these entities was utilized to place streams on the impaired waterbody list (also known as the 303(d) list). In addition to waters which are actually impaired, the state must list those waters for which a TMDL will be established within the next two years. Therefore, the state also lists streams which have discharge permits due for renewal and which require a wasteload allocation (approximately 150 of the state's facilities with discharge permits have wasteload allocations).

The state has provided public notice and has submitted the 303(d) list to EPA, as required by the Clean Water Act, since 1990. Since the early 1980's the state has established TMDLs for point source discharges, where necessary, to achieve in-stream designated uses. We anticipate that approximately 5% of these dischargers may be affected by nonpoint source contributions of similar pollutants (such as fecal coliforms or ammonia). In 1989, the State adopted a Nonpoint Source Management Plan to address nonpoint sources of pollution. Under this voluntary program, the state provides Clean Water Act Section 319 funds to local entities for projects which address nonpoint source pollution. Though never formally adopted as a TMDL, many of these projects are comprehensive watershed plans which contain all the components of a TMDL.

On December 9, 1996, Sierra Club Legal Defense Fund, on behalf of Wyoming Outdoor Council, Biodiversity Associates, and American Wildlands, filed a lawsuit in Denver Federal Court to require Region VIII EPA to implement the TMDL program in Wyoming. The litigants claim that the state has not adequately monitored its streams, has not listed all impaired streams, and has not developed sufficient point or nonpoint source TMDLs. The EPA filed for, and was granted, a change of venue. The case is assigned to the federal court in Casper. The Wyoming Association of Conservation Districts has intervened in the lawsuit. Suits involving twenty-eight states are in some stage of litigation and settlement over TMDLs. Although Wyoming has not intervened in the lawsuit, we are attempting to respond to the issues brought forth by the litigants.

Three positions were added to the watershed management unit to assist with TMDLs, and a workplan was submitted to EPA. The state's workplan establishes a five-year timeframe for monitoring streams on the 1996 303(d) list and a ten-year schedule for adopting TMDLs on those streams with credible data indicating TMDLs need to be established. Four additional staff positions were hired in July, 1998 to perform the necessary monitoring and assist local stakeholders in establishing locally sponsored watershed plans, or where necessary, develop TMDLs.

The state has established a workgroup to assist and make recommendations to the agency on implementation of the workplan, future 303(d) lists, and listing criteria and priorities. The 1998 draft list contains: those waterbodies which have adequate data to determine non-support of designated uses, waterbodies which have point source permits with wasteload allocations due for reissuance in the next two years, and waterbodies where nonpoint source projects are currently addressing the sources of pollution. Those streams which were on the 1996 list but do not meet the above criteria for the new 1998 list were proposed for delisting where adequate data exists to show designated use support. Those streams with insufficient data will be monitored some time during the next five years to determine whether they should or should not be listed. A public notice was issued on the 1998 303(d) list on December 22, 1997. The comment period closed February 6, 1998. The DEQ responded to comments received and evaluated and analyzed supplemental data which was submitted prior to finalizing the 1998 list. The list was submitted to EPA for approval on March 30,1998. EPA approved the state's submittal in June, 1998.

The state will work with EPA and with local, state and federal agencies to monitor water quality in the state, and where needed, to establish workable, implementable voluntary watershed management plans. Where no local entity comes forward to sponsor a watershed plan for impaired watersheds, the state will establish TMDLs.

The 1996 303(d) list contained 366 stream segments. The 1998 list consists of the following:

14 waterbodies with credible data indicating impairment

29 waterbodies which have permits with wasteload allocations due for renewal

20 waterbodies with credible nonpoint source threats

33 waterbodies with credible data to delist-- they are meeting their beneficial uses

335 waterbodies about which there is insufficient credible data to know whether they should be listed or not.