status report: chesapeake bay tmdl clean up plan presented to p otomac roundtable by jack e. frye...
TRANSCRIPT
Status Report:Chesapeake BayTMDL Clean Up
Plan
Presented to Potomac Roundtableby Jack E. Frye
April 9, 2010
Where we are in the Water Quality Process
• Establish Water Quality Standards to protect uses
• Monitor waters and assess data
• Place Impaired Waters on 303(d) List due to violations of Standards [Bay listed for N, P, Dissolved Oxygen in 1998]
• Develop TMDL [Total Maximum Daily Load] = Total Pollutant limit assigned to point and nonpoint sources
• Develop TMDL Implementation Plan that shows how each source sector will meet its load caps
• Implement TMDL Plan(s)
• Remove Waters from 303(d) List when monitoring shows Water Quality Standards achieved
High nutrient and sediment loads in the Chesapeake Bay are resulting in low oxygen, cloudy water, algae blooms, and impacts to commercial and recreational fishing, tourism, and property values
3
Agreements by State Governors and EPA
• 2000 Chesapeake Bay Agreement– Set nutrient caps to clean Bay– Delist Bay by 2010 to avoid TMDL
• Progress made, but not enough– VA reductions: about 2/3 toward nutrient caps
• Interstate waters, so EPA does TMDL• VA Consent Decree sets the Bay TMDL deadline
- must be done by May 2011 although current agreement is to complete by end of 2010
Pre-TMDL VA Progress
• We have already achieved some reductions in wastewater and agriculture sectors
• Wastewater progress based on watershed general permit for major dischargers, and WQIF funding [~$1.5 billion in state & local funds]
• Agriculture progress based on $12 million per year to Bay SWCDs FY08-10, targeting cost-effective BMPs, coordination with federal programs, revised Nutrient Mgt. regulations, MOA to reduce P content of poultry litter and voluntary poultry waste transfer program
Virginia Nitrogen LoadsVirginia Nitrogen Loads[million lbs/yr]
0
20
40
60
80
100
120
1985 2002 2008 TS E3
WorkingTargetLoad –59.22 MPYfor Bay TMDLsEXPECTEDTOCHANGE!!
TS – VA Tributary Strategy issued in 2005E3 – Theoretical maximum reductions
Virginia Phosphorus LoadsVirginia Phosphorus Loads[million lbs/yr]
0
2
4
6
8
10
12
14
1985 2002 2008 TS E3
WorkingTargetLoad –7.05 MPY for BayTMDLsEXPECTEDTOCHANGE!!
TS – VA Tributary Strategy issued in 2005E3 – Theoretical maximum reductions
Chesapeake Bay TMDL
• EPA sets pollution diet to meet states’ Bay clean water standards
• Caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC
• States allocate loads to point and non-point sources so not exceed TMDL cap [i.e., diet]
8
State Target Loads [as of Oct. 2009]
State2008Load
TributaryStrategy
Target Load
DC 3.54 2.12 2.37
DE 9.91 6.43 5.25
MD 58.00 42.37 41.04
NY 16.71 8.68 10.54
PA 114.40 73.48 73.64
VA 72.82 56.75 59.21
WV 7.77 5.93 5.71
Total 283.15 195.75 197.76
State2008Load
TributaryStrategy
TargetLoad
DC 0.14 0.10 0.13
DE 0.34 0.25 0.28
MD 3.10 2.54 3.04
NY 0.83 0.56 0.56
PA 3.99 3.10 3.16
VA 7.18 6.41 7.05
WV 0.70 0.43 0.62
Total 16.28 13.39 14.84
Nitrogen Phosphorus
All loads are in millions of pounds per year
NOTE: Expect target loads to change in April, with possible lower [more stringent] VA target loads
Watershed Implementation Plans
• EPA expects States to develop Plans that provide roadmap of how TMDL will be achieved and maintained
• Challenge is for States to equitably allocate loads to source sectors, such as:
• Wastewater: municipal and industrial• Agriculture: CAFOs and unregulated Ag• Storm Water: construction permits, MS4s, non-MS4 developed land• On-site septic systems: retrofits, new systems, connection• Forestry
• Some sectors are regulated, some are not• All sectors very concerned over impact TMDL
allocations will have on their future activities
Schedule for Bay TMDL ProcessMajor basinjurisdictionloading targets
Oct 2009
2-yearmilestones, reporting, modeling, monitoring
Starting 2011
Divide Target Loads among Watersheds,Counties, Sources
Phase 1 Watershed Implementation Plans: Prelim by June 1; Draft by August 1, 2010
Final TMDL Established by EPA
PublicReviewAndComment
August-October
2010
December 2010
Program Capacity/Gap
Evaluation
Bay TMDL Public Meetings
November-December
2009
Phase 2 Watershed
Implementation Plans: Jan – Nov
2011
EPA’s Approach to Ensuring Results
Employs Federal Actions or Consequences if Progress unacceptable
States Develop Watershed
Implementation Plans
EPAEstablishes Bay TMDL:
States Set 2-YearMilestones
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Monitor Progress
Virginia TMDL Stakeholder Advisory Group (SAG)
Membership• Formed under previous administration• 36 members representing agriculture, wastewater,
developed and developing lands, forest, local and federal government, NGOs, seafood industry and consultants
Charge• Provide for a transparent process, a forum for open
discussion, advice on pollutant load reductions by sector and on the ability of current, expanded, and new programs to achieve needed pollution reductions
SAG has met twice, primarily for information exchange
Schedule for Developing Phase I Watershed Implementation Plans
• Nov. 4, 2009 – EPA guidance issued• Dec. 17, 2009 – 1st meeting of SAG• Feb. 26, 2010 – 2nd meeting of SAG; discuss prelim. source
sector working targets• April 30, 2010 – CBP agreement on draft nutrient and
sediment target loads – PSC Meeting• April/May 2010 – (4/15) meetings of SAG; finalize draft
source sector working targets & discuss prelim WIP• June 1, 2010 - Submit preliminary Phase I WIP to EPA• July 2010 – 5th meeting of SAG; discuss draft WIP• August 1, 2010 – Submit draft Phase 1 WIP to EPA• Nov. 1, 2010 – Submit FINAL Phase I WIP to EPA
Bay Principals’ Staff Committee
• Members from Bay states [cabinet secretaries and agency directors], CBC Chair, EPA Regional Administrator and other federal representatives
• Next Meeting April 29-30 in Lancaster, PA• Meeting Topics:
– Revised N and P target loads and draft sediment and air deposition target loads for discussion and adoption
– Update on Executive Order strategy for release in May– Plan for May meeting of Executive Council
So what about those Virginia Stormwater Management
Program Regulations?
A brief overview
It’s a nuisance
Stormwater what’s so important about that?
Stormwater Management Pre-2004
• Administered by three state agencies and four citizen boards
– DCR, DEQ, and Chesapeake Bay Local Assistance Department (formerly)– Soil and Water Conservation Board– Board of Conservation and Recreation– Chesapeake Bay Local Assistance Board– State Water Control Board
• House Bill 1177 (2004) created the VA Stormwater Management Program (VSMP), which consolidated stormwater management in DCR and the Virginia Soil and Water Conservation Board, with the concept of ultimately authorizing localities to administer construction stormwater management programs. – Chesapeake Bay Preservation Act and MS4 localities required to
adopt; others may opt-in or DCR will operate.
Stormwater Timeline
2004 2005 2006 2007 2008 2009 2010
HB 1177(VSMP)
DCR starts regulatory
action
First TAC
Second TAC
Published regulations and first public comment period
Revised regulations and second public comment
period
Final regulations, signed by Governor
Stormwater Timeline
2009 2010 2011
Published regulations and first public comment period
Revised regulations and second public comment period
Final regulations, signed by Governor
Suspension of Final regulations
Public comment period
TMDL HB 1220
Sep? Dec?
Start finalizing regulations?
Regs effective
What do amendments to the regulations need to address?
• Water quality improvements: Addressing stormwater management is a key component (along with impacts from agriculture, point sources, and air deposition- informed by Bay TMDL) to improving water quality in Virginia’s rivers, streams, lakes, and Chesapeake Bay.
• Water quantity: Today’s standards still result in significant flooding and channel erosion.
• Operation of a local stormwater management program: Operated by a locality (“qualifying local program”) or DCR.
• Fee levels: That will provide sufficient funding for local stormwater management programs and DCR oversight.
Water Quality Standard• What we do now
– Total phosphorus (TP) as keystone
– Most sites meet average land cover condition (0.45 lbs/acre/year)
– Redevelopment requires 10% phosphorus reduction
• What was proposed– TP basis for compliance– 0.45 lbs/acre/year for Bay
watershed but subject to change based on Chesapeake Bay TMDL
– 0.45 lbs/acre/year for non-Bay areas and sites <1 acre in Bay watershed
– Redevelopment 10% P reduction on sites <1 acre, 20% P reduction on sites > 1 acre
– UDA qualified local programs must establish standards between 0.28 and 0.45
Items that were included
• Stormwater BMP Choices• Treating Impervious Cover & Managed Turf
Areas• Offsite compliance• Inspections/Maintenance• Grandfathering• Spreadsheet Compliance Tool• Establishment of Locality-Administered
Stormwater Management Programs (Section III)• Revision to the Stormwater Fees (Part XIII)
New Stormwater BMP Paradigm
• How do we address the current stormwater regulations?– Blue Book method unless
locality is more restrictive
• How should we address the stormwater regulations in the future?– Do not: design a site and try to
(retro-)fit/shoehorn stormwater management in after-the-fact
– Use site design, conventional BMPs (revised Blue Book), BMP Clearinghouse, and Run-off Reduction Techniques
– Use of “treatment train”– BMP performance = Runoff
reduction + Pollutant removal
• What is proposed– Runoff Reduction– Use of all the new and
standard tools (including spreadsheet tool).
– Localities have other options if they can demonstrate to the Board that these tools are equivalent.
– Be innovative!
New Stormwater BMP Paradigm
Green Roof
Pervious Parking Bioretention
Rainwater Re-Use
Road to Final Regulations
• HB 1220 requires that new regulations become effective 280 days after publication of Final TMDL or no later then Dec. 1 2011
• TMDL will require addressing Nitrogen and Sediment in addition to Phosphorus
• DCR may be required to adjust the Regulations and Run-off Reduction Spreadsheet to address TMDL requirements (new TAC?) including Nitrogen and Sediment reduction requirements.
For More Info:
Visit the DCR website: See the Stormwater Parts 1,2,3, and 13
tab at: http://www.dcr.virginia.gov/lawregs.shtml
or contact
Jan-W. Briedé, Ph.D.Stormwater Outreach ManagerDepartment of Conservation and recreation208 Governor Street, Suite 206Richmond, VA [email protected]