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Michigan's Section 303(d) List
Development Methodology


 


Section 303(d) Factors

Several references and guidance documents are used in the Section 303(d) list development.  These references include:

  • Michigan Water Quality Report 1998 (305(b) Report)
  • Clean Water Act of 1987
  • Federal Register Part II Environmental Protection Agency 40 CFR Parts 122, 123, and 130
  • U.S. EPA Guidance for Water Quality Based Decisions: The TMDL Process, April 1991
  • National Clarifying Guidance for 1998 State and Territory Section 303(d) Listing Decisions (August 27, 1997 Robert Wayland memo)
  • New Policies for Establishing and Implementing Total Maximum Daily Loads (August 8, 1997 Robert Perciasepe memo)



TMDL


Identification of Water Quality Limited Waters

U.S. EPA regulations define waters requiring TMDLs (40 CFR 130.7(b)) as:

"(b)(1) Each state shall identify those water quality-limited segments still requiring TMDLs within its boundaries for which:
  1. Technology-based effluent limitations required by sections 301(b), 306, 307, or other sections of the Act;
  2. More stringent effluent limitations (including prohibitions) required by either or local authority preserved by section 510 of the Act, or Federal Authority (law, regulation, or treaty); and
  3. Other pollution control requirements (e.g., best management practices) required by local, state, or federal authority are not stringent enough to implement any WQS applicable to such waters."

These waterbodies are where the State needs to take action to establish water quality based loads (TMDLs).


Michigan's Section 303(d) List


Michigan has reviewed its waterbody specific information to identify those waterbodies which would still require complex TMDLs under section 303(d). Michigan's Section 303(d) list was compiled by evaluating the available data using the following decision process:

  1. The waterbody was not attaining WQS, and the waterbody will not attain WQS with the application of technology based controls, BAT or BMPs.
  2. The waterbody is presently attaining WQS, but is expected to exceed the standard before April 2000 (Threatened Waterbodies).

Nonattainment
and Threatened List Criteria


This decision process resulted in several general categories of waters being on the 1998 Section 303(d) list for the first time. These included waterbodies with fish consumption advisories but no known sources, waterbodies with impairment due to sedimentation, waterbodies with impairment and no specific cause or source of pollutants, and threatened waterbodies. All waterbodies on the nonattainment and threatened lists are included on the TMDL list, except for those waterbodies which already have TMDLs established. This decision process has changed substantially since the previous list (1996) was developed. The changes were due to recent federal court decisions regarding TMDLs and subsequent changes in EPA direction on the listing process.







STORET


Data Used to Develop Section 303(d) List

The primary source of data used in the development of the Section 303(d) list is the State's 305(b) report, especially the Nonattainment List developed for this report. Water quality assessments in the 305(b) report are based on a combination of chemical (water, sediment, fish tissue) and biological data (macroinvertebrate, fish). All data collected as part of MDEQ monitoring programs are entered into STORET, and/or into a State developed database.

To the extent that resources allow, data collected from sources other than MDEQ monitoring programs are considered in the 305(b) process. However, utilization of data from other sources is often limited due to the purpose for which it is collected, data availability, format etc. Other water quality information sources include:

  • Environmental Protection Agency
  • Geological Survey
  • Fish and Wildlife Service
  • Dept. of Agriculture
  • Army Corps of Engineers
  • State Universities
  • Michigan Dept. of Agriculture
  • County Public Health Departments
  • NOAA

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