Can a new source or a new discharger be authorized in water bodies that are currently listed as impaired for nutrients (nitrogen and phosphorus)?
This question is not entirely specific to nutrients, and therefore, is answered the same as for any other water quality criteria. New sources and new dischargers can be authorized in water bodies currently listed as impaired. If a TMDL has been developed, the permit writer must demonstrate that there are remaining pollutant load allocations to allow for the additional loads and compliance schedules designed to bring the impaired water body into compliance with applicable water quality standards. When a TMDL has yet to be developed, the new source or new discharger can obtain a permit when certain conditions are met such as when the dischargers do not contain the pollutant causing the impairment, or other pollutant source reductions will offset the new discharge. For more information, refer to 40 CFR 122.4(i) and page 38 of EPA’s decision on the Chesapeake Bay Foundation petition [PDF – 500 KB – 64 pp].