Transcript Slide 1

CHESAPEAKE BAY TMDL
AND
VIRGINIA’S PHASE I WIP
Northern Virginia Regional Commission
MS4 Workgroup
March 17, 2011
INTRODUCTION
Purposes for Meeting:
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Provide Information on Chesapeake Bay TMDL
process…
Discuss how the ChesBay TMDL process could impact
local governments…
Discuss possibility of regional response to
Chesapeake Bay TMDL including regional Watershed
Implementation Plan…
CHESAPEAKE BAY TMDL
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Largest TMDL yet
Caps on nitrogen,
phosphorus and sediment
loads for all 6 Bay
watershed states and DC
35 Segments in Virginia
States set load caps for
point and non-point
sources
Includes Watershed
Implementation Plans
2 Year Incremental Steps
Goal: Acceptable water
quality in the Bay by 2025
BAY WIDE POLLUTION SOURCES
VIRGINIA POTOMAC RIVER SOURCES
2009 PROGRESS SCENARIO (V5.3)
Delivered TN Sources
Delivered TP Sources
Non-Tidal
Water
Deposition
0%
Non-Tidal
Water
Deposition
1%
Forest
10%
Forest
20%
Septic
3%
Agriculture
44%
Point Sources
23%
Point
Sources
18%
Urban runoff
14%
Urban runoff
16%
Agriculture
51%
VIRGINIA’S PHASE I WIP
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Finalized 11/29/10
Assigned allocations by basin and sector
EPA approved Virginia’s Phase I WIP with “enhanced oversight
and contingencies” for urban stormwater
 EPA may shift a greater portion of Virginia’s urban
stormwater load from the load allocation to the wasteload
allocation
 EPA reserves authority to object to proposed stormwater
regulations, MS4 permits, construction general permits, and
industrial stormwater permits
Included Individual Waste Load Allocations for 11 Virginia MS4
Phase I Jurisdictions
VIRGINIA PHASE I WIP: REGULATED URBAN
STORMWATER
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Revise Stormwater Management Regulations to prevent load
increases from new development
Require that redevelopment meet reductions in nutrient and
sediment loads from Stormwater Management Regulations
Restrict application of non-ag fertilizers
Require reporting from “for-hire” applicators
Encourage all locality owned non-ag lands receiving nutrients
to develop and implement nutrient management plans
Implement additional BMPs on existing pervious and
impervious lands through future permits and wider adoption
of stormwater utility fees
KEY PROVISIONS OF WIP FOR MS4 STORMWATER
DISCHARGERS
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Requires “Level 2” retrofits of existing urban lands
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Achieve 100% of reductions over next 3 permit cycles
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Load reductions from impervious urban lands:
 9% Nitrogen, 16% Phosphorus, 20% Sediment
Load reductions from pervious urban lands:
 6% Nitrogen, 7.25% Phosphorus, 8.75% Sediment
2011-2015: 5% of required reductions
2016-2020: 35% of required reductions
2021-2025: 60% of required reductions
Allocations for newly developed land will be set at a level that results
in no increase above allowable 2025 average nutrient loads per acre
from previous land uses, unless offset
Requirements in Stormwater Management Regulations that
redevelopment meet reductions in nutrient and sediment loads
Proposes to expand Nutrient Trading for Stormwater Dischargers to
enable both buying and selling for new and existing development
REGULATED VS. TOTAL REDUCTIONS
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Load reductions from impervious urban lands:
 9% Nitrogen, 16% Phosphorus, 20% Sediment
Load reductions from pervious urban lands:
 6% Nitrogen, 7.25% Phosphorus, 8.75% Sediment
TMDL Reductions (%)
Nitrogen
Phosphorus
Sediment
POTTF_Md
13
38
27
POTTF_DC
20
POTTF_VA
6
POTOH_VA
10
2
19
POTOH1_MD
12
5
15
4
KEY PROVISIONS OF WIP FOR INDUSTRIAL STORMWATER
DISCHARGERS
877 industrial dischargers identified, specific provisions not developed,
aggregate averages used:
Phosphorus:
 Medium imperviousness: 1.2 lb/acre/year
 High imperviousness: 1.5 lb/acre/year
Nitrogen
 Medium imperviousness: 9.9 lb/acre/year
 High imperviousness: 12.3 lb/acre/year
Sediment
 Medium imperviousness: .16 tons/acre/year
 High imperviousness: .22 tons/acre/year
KEY PROVISIONS OF WIP FOR SIGNIFICANT MUNICIPAL &
INDUSTRIAL WASTEWATER DISCHARGERS
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Waste Load Allocations set at levels permitted under current
Virginia regulations
Seek legislative changes necessary to require offsets for
nutrient loads of less than 1000gpd
Seek legislative changes to establish requirement for offsetting
loads for discharger that expand to less than 40,000gpd.
WIP states that significant dischargers are currently using only
65% of design capacity
WIP anticipates that excess capacity will be used for Nutrient
Trading and/or to provide offset for future growth
KEY PROVISIONS OF WIP FOR ONSITE/SEPTIC
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Require a minimum 50% reduction in delivered N for all
new small alternative onsite systems in the Chesapeake
Bay watershed
Implement proposed Dept of Health regulations for
alternative systems
State to consider revisions to require nitrogen
reducing technologies
State to consider revisions to encourage the use of
community onsite systems
Expand the Nutrient Credit Exchange Program to
include on-site systems
WILL THERE BE ANY ACTUAL ENFORCEMENT
THAT WILL IMPACT LOCAL GOVERNMENT?
EPA letter to states on December 29, 2009
 EPA will take actions for state failure to:
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 Submit
WIPs consistent with EPA expectations
 Submit 2-year milestones consistent with EPA
expectations
 Achieve 2-year milestone target loads
FEDERAL ACTIONS COULD INCLUDE…
Expand NPDES permit coverage to unregulated
sources
 Require net improvement offsets
 Require additional reductions from point
sources
 Increase federal enforcement
 Condition or redirect federal grants
 Promulgate local nutrient standards
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WHAT IS HAPPENING RIGHT NOW?
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EPA Calibrating Model Version 5.3.2
 Address
Urban Land and Agric Nutrient
Management Issues
 Adjust Allocations if necessary
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DCR and DEQ still holding internal discussions
regarding nature, composition and formation of
WIP II entities.