COOPERATIVE AGREEMENT TO MEET TOTAL MAXIMUM DAILY LOAD (TMDL) FOR PHOSPHORUS
A PROJECT UNDER THE STATE/EPA AGREEMENT TO PURSUE REGULATORY INNOVATION

Overview of Project

The objective of this project is to reduce phosphorus loading in a watershed to meet a Total Maximum Daily Load (TMDL) that has been developed to attain Water Quality Standards (WQS).  This approach is being piloted in the Kalamazoo River/Lake Allegan watershed in southwestern Michigan.

Under this innovative approach, the MDEQ reissued the National Pollutant Discharge Elimination System (NPDES) permits in concert with the entry of a Cooperative Agreement among participating point source and nonpoint source contributors in the watershed.  For point source dischargers, the reissued permits continue the phosphorus requirements in their last permits and reference the Cooperative Agreement as the means of attaining the goals of the TMDL.  Under the Cooperative Agreement, parties commit to the development of, and participation in, plans to reduce both point and non-point sources of phosphorus.

The permits authorize the Michigan Department of Environmental Quality (MDEQ) to re-open the permits if commitments under the agreement are not met. Within five years from the date of issuance of the NPDES permits, the individual permits will be modified or reissued to establish the aggregate or individual WLA as enforceable requirements of the permits, including schedules to achieve additional reductions, if necessary.

Narrative of the Project

A permittee in the watershed qualifies for participation in this project through signing the Cooperative Agreement, whereby the permittee:

• Commits to participate with other point and nonpoint source contributors in the watershed to reduce contributions of phosphorus as necessary to meet the TMDL.
• Agrees to develop, and commits to reductions set forth in, a Point Source Reduction Implementation Plan (PSRIP) to accomplish the individual or aggregate point source loading reductions to meet the TMDL.  The PSRIP shall contain an approvable schedule and milestones under which either the individual or aggregate WLA will be achieved within five years of the effective date of the permit.  Within one year of the effective date of the agreement, the PSRIP is to be submitted to the MDEQ for review and approval.
• Agrees to facilitate nonpoint source reductions by providing assistance, resources and coordination of local efforts, and further to participate and assist in the development of a Nonpoint Source Reduction Implementation Plan (NSRIP).
• Agrees to measure progress toward meeting the individual or aggregate loading reductions.

The permit specifies that the MDEQ has grounds to and may reopen the permits to establish phosphorus control requirements in accordance with the individual WLA set forth in the TMDL, if any of the following occur:

• An adequate PSRIP to accomplish the aggregate or individual WLA is not developed and submitted to the MDEQ in a timely fashion.
• The permittee withdraws from the Cooperative Agreement.
• The permittee does not fulfill its obligations under the Cooperative Agreement.
• The Cooperative Agreement is not successful in achieving the goals of the TMDL.

The Cooperative Agreement is signed by participating parties that contribute significant quantities of phosphorus to the waterbody or by those who can play a role in obtaining reductions.  Other potential signers include stakeholder groups that are involved or interested in pollution control activities in the watershed.  The unique aspect of this approach is that the support of the point source community is obtained by allowing the previous authorized load limits in their NPDES permits to remain unchanged for a five-year period, while under the Cooperative Agreement, the point sources develop and implement the PSRIP that meets the goals of the TMDL in accordance with the timeframes set forth in the plan.  The point source dischargers will also play an important role in encouraging and mentoring nonpoint source dischargers in identifying and implementing best management practices to reduce nonpoint source loadings.

This provides an opportunity for all parties to accomplish, or make significant progress in accomplishing, necessary reductions in point and nonpoint sources through incentive-based cooperative efforts.  In this manner, the permits and Cooperative Agreement provide reasonable assurance that the TMDL will be met through necessary point source and nonpoint source reductions.

Project Status

The agreements needed to implement this project have been formalized, and participants have been making progress towards their commitments.  EPA approved the regulatory innovation project on February 5, 2001, and approved the TMDL on April 24, 2001. The permits were timely issued in coordination with execution of the Cooperative Agreement dated March 19, 2001.  The Cooperative Agreement was signed by 29 of the 39 permitted facilities in the watershed; in May of 2001 there were enough signatures to verify that the project would move forward.  The signatories have been meeting and effectively making progress towards their commitments; the annual progress report was submitted by the March 1, 2002 due date, and the PSRIP and NSRIP are under development in the form of a combined implementation plan.  MDEQ expects to receive this implementation plan for review and approval in May of 2002.

Project Contact for Divisions

Surface Water Quality Division: 
    William Creal
    Surface Water Quality Division
    P.O. Box 30273, Lansing, MI 48909-7773
    Phone:  517-335-4181
    Fax:  517-373-9958
    E-mail:  crealw@michigan.gov

Environmental Assistance Division:
    Amy Kohlhepp
    Environmental Assistance Division
    P.O. Box 30457, Lansing, MI 48909
    Phone:  517-241-7965
    Fax:  517- 373-3675
    E-mail:  kohlhepa@michigan.gov