Transcript Slide 1

Developing Watershed
Implementation Plans
VACo Legislative Steering Committee
on Environment and Agriculture
June 2, 2010
Jack E. Frye & Russ Perkinson
EPA
http://www.epa.gov/chesapeakebaytmdl/
VA-DCR
http://www.dcr.virginia.gov/soil_and_water/battmdl.shtml
VA-DEQ
http://www.deq.virginia.gov/tmdl/chesapeakebay.html
Watershed Implementation Plans
• EPA expects States to develop Plans that provide
roadmap of how TMDL will be achieved and
maintained (N=200 M lbs; P=15 M lbs)
• Challenge is for States to equitably allocate nutrient
and sediment loads to source sectors, such as:
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Wastewater, municipal and industrial
Agriculture
Storm Water
On-site septic systems
Forest
• Some sectors are regulated, some are not
• All sectors very concerned over impact TMDL
allocations will have on their future activities and
how to pay the costs
Watershed Implementation Plans
Eight Elements
1. Interim and Final
Nutrient and
Sediment Target
Loads
2. Current Loading
Baseline and
Program Capacity
3. Account for Growth
4. Gap Analysis
5. Commitment and
Strategy to Fill Gaps
6. Tracking and
Reporting Protocols
7. Contingencies for
Slow or Incomplete
Implementation
8. Appendix with
Detailed Targets and
Schedule
(Federal consequences for not achieving- letter)
Virginia TMDL Stakeholder
Advisory Group (SAG)
Membership
• Formed under previous administration and continued
• 36 members representing agriculture, wastewater,
developed and developing lands, 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; June 15 next meeting
Draft Initial Enhanced Program
Implementation Levels for
Sectors
Wastewater
Agriculture
Urban/Suburban Stormwater
Onsite/Septic
Forest
A brief overview & status of the
proposed VSMP regulations
(VA Stormwater Management Program)
June 2, 2010
http://www.dcr.virginia.gov/lawregs.shtml
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) 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
– Impervious surface based
• What was proposed
– TP basis for compliance
– 0.45 lbs/acre/year statewide
– Redevelopment 10% P
reduction on sites <1 acre,
20% P reduction on sites > 1
acre
– Whole site considered;
impervious and pervious
– Runoff reduction method
– Seek innovation & upfront
design
Items that were included:
• Stormwater BMP Choices Increased
• 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 addressed in current
stormwater regulations?
– Blue Book method unless
locality is more restrictive
– Runoff from impervious
• How addressed in the
proposed?
– 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 Runoff Reduction Techniques
– Use of “treatment train”
– BMP performance = Runoff
reduction + Pollutant removal
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 limits on Nitrogen and
Sediment in addition to Phosphorus
• DCR may be required to adjust the Regulations
and Run-off Reduction Spreadsheet to address
TMDL requirements including Nitrogen and
Sediment reduction requirements
• New TAC likely starting this summer