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Water Quality: Total Maximum Daily Loads By the Clean Water Act, The Nebraska Department of Environmental Quality (NDEQ) is required to develop Total Maximum Daily Loads (TMDLs) for all water bodies on the 303(d) list. This page is meant to educate the reader about water quality in Nebraska, how the State is working to improve water quality, and how the public can be involved in the process. TMDL FAQs
What is a Total Maximum Daily Load (TMDL)? A TMDL is the maximum amount of a pollutant a water body can receive and still meet its designated uses. The amount of a specific pollutant is allocated among point source, non-point source, and natural sources. What is the 303(d) List? The 303(d) List refers to section 303(d) of the Clean Water Act which requires states, territories and tribes to list and submit the bodies of water which do not meet water quality standards. This list must be submitted every two years on even-numbered years. Nebraska’s most recent 303(d) list, the 2006 Surface Water Quality Integrated Report of March 2006, can be found at the Nebraska DEQ website. Who is responsible for establishing TMDLs? Each State is required by federal law (Clean Water Act, 1972) to establish water quality standards, identify bodies of water that do not meet those standards (see 303(d) List), and establish TMDLs to help them meet their water quality standards. In Nebraska, the Department of Environmental Quality is responsible for meeting those requirements. How is a TMDL completed? Waters are classified according to their use (Primary Contact Recreation, Aquatic Life, Drinking Water Supply, Agriculture Water Supply, and Aesthetics) and can have one or more uses. For each of those criteria, standards are set for pollutant levels that can be reached before that use is impaired. If water monitoring determines that abnormally high levels of a certain pollutant are present, those levels are compared with the levels acceptable for that water’s use. If a water body has two uses, the more sensitive of the two levels is used. Because of the presence of a pollutant outside of the parameters for safe use, the water body is considered impaired and a TMDL for that pollutant to describe why the impairment hurts the particular body of water, what possible sources of the contaminant are, and what possible solutions. What happens when a TMDL is complete? Once a TMDL is written to describe what its impairments are, what their potential sources are, and suggests possible ways for improvement. Once a TMDL is completed, there is no obligation for action to be taken to clean the waters. In Nebraska, EPA funds are matched by other non-state funds to pay for Watershed Cleanup Plans, which can cost up to $6 million and take years to achieve. What is the difference between point and non-point source pollution? Point sources are sources of pollution which drain directly into a body of water, such as wastewater treatment facilities. All point source discharges must be accompanied by a National Pollutant Discharge Elimination System (NPDES) Permit, which is applied for and issued by the NDEQ. You can find out more about NPDES Permits here: http://www.deq.state.ne.us/WaterPer.nsf/Pages/NPDES. Non-Point sources are sources of pollution that come from many sources and is generally caused by rainfall or snowmelt that moves through the ground. For example, fertilizers used by homeowners or agriculture may be washed into nearby streams or lakes. For more information on non-point source pollution, click here: http://www.epa.gov/owow/nps/qa.html. Who sets our water quality standards? Title 117— Nebraska Surface Water Quality Standards establishes water quality standards for the state of Nebraska. This document, created by the NDEQ, dictates the standards by use, which includes primary contact recreation, aquatic life (cold and warm water), water supply (for drinking water, agricultural uses, industrial uses), and aesthetics. Additionally, this document lists the determined uses of all Nebraska water bodies by watershed. The most recent version of this document (July 31, 2006) can be downloaded here: http://www.deq.state.ne.us/RuleAndR.nsf/pages/117-TOC. Who pays for TMDLs? The TMDL Program falls under the Water Division budget of $38.6 million. The TMDL Program costs include 1 full-time employee. Monitoring is not covered within the TMDL budget directly. How do TMDLs impact me? A TMDL tells us what we know about impaired waters. If you live near or use an impaired water body, a look at its TMDL can tell you why the water is considered impaired. Further studies from that information can tell you why and how that pollutant, in certain quantities, can be harmful to your health. Nebraska has 25 approved TMDLs, though there are at least 400 impairments to waters in Nebraska awaiting TMDLs. To find out about the bodies of water in your watershed (which may have an impairment but not an EPA-approved TMDL), check out the latest 303(d) list, the 2006 Surface Water Quality Integrated Report of March 2006, can be found at: http://www.deq.state.ne.us/Publica.nsf/0/17ddb685e0238e1d862571320063a1e2?OpenDocument. What are beneficial uses? Beneficial uses are assigned to all surface waters in Nebraska and fall within the following categories: How is the EPA involved in Nebraska’s TMDLs? The EPA is the official approval body for written TMDLs. NDEQ works closely with the EPA to make sure that TMDLs are written to standard for approval. How do I find the TMDLs for Nebraska? TMDLs that have been approved by the EPA are be viewed on the EPA’s website: http://www.epa.gov/region7/water/apprtmdl.htm#Nebraska. What should I do if I think a water body is impaired? If you think a water body is impaired, contact the NDEQ at (402) 471-2186 and ask to talk with Water Monitoring. Where do I find TMDLs that are available for their 30-day comment period? TMDLs in draft form are published in the Omaha World Herald, Lincoln Journal Star, Grand Island Independent, Norfolk Daily News, North Platte Telegraph, and the Scottsbluff Star-Herald. Drafts are also made available on the NDEQ website (http://www.deq.state.ne.us/) under the Public Notices section, located on the right-hand bar of the screen. The NDEQ will reply to all responses received during the comment period. What lawsuits have been filed? There have been 40 lawsuits filed against the EPA by 38 states regarding the listing of impaired waters and development of TMDLs. The EPA is under court order in many states to ensure that the TMDLs are established and completed. EPA Region 7 (Iowa, Kansas, Missouri, Nebraska) has been sued in Kansas, Iowa, and Missouri regarding TMDL development. What causes impairments in Nebraska waters?
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