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back into attainment with standards. Any reductions needed trom point sources will be implemented through their state- or federal-issued permits (including stormwater permits). Where communities discharging to an impaired water have pressing needs to expand but are in the pre- TMDL phase, the MPCA has been working on a policy that will allow expansion where possible but still hold the line on water-quality violations. The U.S. Environmental Protection Agency has indicated a few conditions where a new source or discharge may be permitted without a TMDL in place. In general, a new discharge will not cause or con- tribute to a water-quality standard vio- lation if: . The new discharge does not contain the pollutant causing the impairment. . The draft permit contains an effluent limit at or below the standard. . The permittee can demonstrate that other pollution reductions will offset the discharge, such as a net decrease in loading of the pollutant of concern. Such exemptions may not give growth-minded cities much relief, however, because applying them can be very difficult for SOme imp<lluueuc,. For example, impairments for aquatic biota and low dissolved oxygen, which comprise a substantial portion of impair- ments (about 150 of 500 "conventional" impairments on the 2004 impaired waters list), may be caused by many pollutants-the identity and sources of which may not be adequately under- stood without doing a TMDL. Overall, TMDL regulations could have dramatic impacts on cities and businesses, most of which have waste- water or stormwater permits. For example, the Lake Pepin TMDL will address impairments related to phos- phorus and turbidity (a stressor to aquatic life caused primarily by sedi- ment and organic matter). A natural lake on the lower Mississippi River, Lake Pepin's drainage area covers more than half the state and contains about 60 percent of our permitted wastewater treatment facilities. The TMDL for Lake Pepin is underway, but is not expected to be completed until 2009. locallilVOllJemel'it is the best soli.lthm A TMDL project isa multi-year eHort to identifY and create solutions to pol- lution Pl;oblems. Communities and local government have critical roles to play as part of those solutions. Active local involvement has a direct impact on the final decisions made. The MPCA is responsible for man- aging the process and ensuring that each project complies with federal reg- ulations and state policy. But because local entities will be the implementers of cleanup and restoration strategies, the agency prefers to engage local stakeholders in projects from beginning to end. The TMDL must lead to pollutant reductions that restore water quality to standards, but there can be many ways of getting to that goal and local entities can lead the way. How the pollutant load is allocated among point and non- point sources depends upon issues such as local economics, equity, and technical or practical feasibility. Moreover, the TMDL process is an opportunity for communities to decide how they want to grow in the future while meeting and sustaining water-quality goals. For dlese reasons, cHies need [Q be at the TMDL table--particularly as members of a project's stakeholder and technical advisory groups. These groups will have key input into scoping work plans, selecting contractors, reviewing modeling results, and allocating pol- lutant reductions among sources. For example, in the recent Minnesota River basin TMDL for low dissolved oxygen, cities were active participants in the allocation process and have been influ- ential in developing an innovative basin- wide permit for phosphorus reductions that includes pollutant trading. In addition to serving as voluntary members of a project's advisory groups, local government and other organiza- tions can also have a formal contractor role in developingTMDLs. In tact, qualified watershed districts, soil and water conservation districts, counties, nonprofit organizations, universities, and other entities have led or assisted in 32 of 38 TMDLs in Minnesota. In the years ahead, we expect such groups will support 70 percent to 85 percent of fiJture TMDLs. A I' 1(. I L 211 II 5 l'vli"NESIlTA elliES As noted earlier, the MPCA provides project oversight and approval tor all TMDL projects, including those led by local governments. The MPCA also determines whether such "third party" contractors have the necessary qualifi- cations (based on organizational history, ability to deliver required work plan products, current capacity, and cost) and jurisdictional authority over the waters of concern to conduct a TMDL. If these conditions are met, the MPCA normally enters into a joint powers agreement or a professional technical services contract with the entity. In SOlue cases, a local-government con- tractor may also subcontract with a consultant to perform all or part of the TMDL, particularly the more technical portions of the project such as modeling. The effort to clean up impaired waters is the biggest environmental initiative in most states since the Super- fund program. As Minnesota and the nation embark on the journey, TMDLs will be an increasingly important fact oflife for local governments. Through intensive involvement in the impaired waters process, local governments will not only meet their clean water obliga- tions more ettecnvely, but wll1l1elp to shape their communities in the years ahead. For more information on impaired waters and TMDLs, visit the MPCA web site at: www.pca.state.mn.us/ water/tmdlJindex.html; or the EPA web site at: www.epa.gov/owow/ tmdlJintro.html.\t Lisa Tho/'/'ig is assistl1/1l COII/lllissiollcr of thc lHi/l/lcsotl1 Polllltioll CO/ltrol Agcllcy. Pho/lc: (651) 296-8811. E-lIlail: LiSl1. Thorjl(~@Stl1tC.IIII1.IiS. :J