Transcript NPS Implementation Handbook for Adaptive Management

Amy Callis, Agricultural NPS Implementation Coordinator
Mary Anne Lowndes, Runoff Management Section Chief
Wisconsin Department of Natural Resources
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Purpose
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AM & WQT Basics
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Roles
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Evaluation/Development
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Implementation
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Post-implementation
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Next Steps
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Discuss how AM & WQT fit into existing NPS
implementation structure in WI
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Audience: NPS Implementers
 County Land Conservation Departments
 Non-governmental organizations focusing on
agricultural conservation work
 Private consultants in agricultural conservation fields
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Provide considerations to NPS implementers
for voluntary participation in AM and WQT
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DNR
DATCP
UWEX
NRCS
Wisconsin Land +
Water
Columbia County
Barron County
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Outagamie County
Washington County
The Nature
Conservancy
Clean Wisconsin
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Do you have the technical capacity and infrastructure to
meet the data, information, implementation and tracking
needs?
Do you have sufficient staff resources to conduct this type
of evaluation, implementation or post-implementation
work?
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Will you conduct these activities for free, charge a fee,
etc.?
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Should you develop an agreement or contract identifying
roles and responsibilities for this work?
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How will this impact existing workload and local priorities?
Compliance options for WPDES permit holders
to meet discharge requirements
Evaluating Compliance Options
Developing the Plan/Strategy
Implementing the Plan/Strategy
Conducting Post-Implementation Work
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Permittee is conducting an investigation
to determine if they will:
 Optimize the facility
 Conduct a facility upgrade
 Utilize AM to meet water quality standards in the
receiving water
 Implement WQT to offset loads
 Combination of options
… In order to select and submit
compliance method to DNR.
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Determine NPS pollutant loading in target
watershed
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Provide existing inventory data
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Estimate potential load reductions and credits
available in target watershed
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Assist in identifying criteria used to target critical
sources for NPS reduction or credit generators
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Historical perspective on landowner cooperation
and willingness to implement BMPs
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Once a permittee has preliminary approval to
utilize AM or WQT for compliance with WPDES
permit requirements, it is time to develop:
 An adaptive management plan
 A water quality trading strategy
Identifies how the permittee will meet
the permit requirements
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Conducting an inventory and identifying
sources of pollution
Identifying load reduction potential, critical
source areas or credit generators
Propose corrective measures/best
management practices
Estimate pollutant reductions
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Adaptive Management
◦ In-stream water quality monitoring plan
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Water Quality Trading
◦ Modeling load reductions in order to calculate
credits
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If approved, the permittee will then have a
compliance schedule in the WPDES permit to
implement the plan or strategy
◦ This will likely occur in 5-year increments
consistent with 5-year WPDES permit terms
◦ Permittees may contract with NPS implementers to
assist with completing the goals of the
plan/strategy
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Contracts
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Responsibilities
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Funding
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Regulatory authorities
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Implementing BMPs
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Verification
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Tracking & Reporting
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Use to define scope of work
Clearly identify roles and responsibilities between
parties involved
Considerations for a contract:
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Identify funding information, if applicable
Timeline and schedule for implementation
Post-implementation responsibilities
Tracking and reporting
Ability to re-evaluate and modify contract conditions
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Participation in AM or WQT by the permittee
is required once incorporated into the permit
◦ Permittee is responsible for compliance with the
WPDES permit requirements and water quality limits
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Contracts between permittees and NPS
implementers should outline responsibilities
 NPS implementers will be responsible for activities and
tasks agreed to in a contract
Permit compliance cannot be transferred from the permittee
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Will the permittee pay the NPS implementer for
their services?
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Who manages the money?
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What activities should be considered for funding:
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Staff expenses
Best management practices
Maintenance of practices
Performance incentives
Other?
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Local
State
Federal
NGO/Other
Work with the appropriate program contacts to
determine project eligibility and overlap with
AM or WQT programs
• NR 153 does not allow for funding of
permit compliance requirements
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Includes TRM and NOD grants
Eligibility will depend on:
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How the plans/strategies are developed?
What is written into the permit compliance schedule?
• DNR may review projects on a case-bycase basis to determine eligibility
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Implementation of local, state or federal
regulations may overlap with the
implementation goals of AM or WQT
It is important for landowners to understand
the difference between voluntary program
participation and existing
regulatory requirements
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Ordinances
◦ Town, Village, City, County
◦ Examples: zoning, livestock siting, animal waste,
manure storage, storm water management, building
codes, etc.
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Educate the permittee on how these
authorities interact with the implementation
of AM or WQT
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DNR
◦ NR 243 and NR 151 are the primary water quality
standards related authorities
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Other state authorities
◦ i.e DATCP
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Production sites = no implementation options
◦ Required to meet “zero discharge”
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Cropland = potential implementation options
◦ To participate, facility has to maintain compliance
their WPDES permit
◦ Proposed practices should go beyond the existing
WPDES permit requirements
◦ Practices could be related to something not
regulated by the WPDES permit
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Site is posing imminent threat to public
health or fish and aquatic life…
◦ Timeline for compliance to stop the threat may not
be conducive to participation in AM or WQT
◦ Case-by-case fashion regarding their participation
in AM or WQT…
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Runoff pollution performance standards and
prohibitions for agricultural facilities to meet water
quality standards
Implementation of AM and WQT does not require
compliance with NR 151 performance standards
 DNR expects the performance standards to be attained
 However, if a permittee is proposing to not attain the
performance standards, they will need to submit the proposal to
DNR for review
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Manure management prohibitions are not available as
options for WQT
 Prohibited activities
 Typically not able to be modeled for credit calculations
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Sheet, rill and wind erosion*
Tillage setback
Phosphorus index*
Manure storage facilities
Process wastewater handling
Clean water diversions
Nutrient management*
*Most likely to be considered for
AM and WQT implementation
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No overflow of manure storage facilities
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No unconfined manure pile in a water quality
management area
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No direct runoff from a feedlot or stored
manure to waters of the state*
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No unlimited access by livestock to waters of
the state*
*Most likely to be considered for
AM implementation
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Mostly program participation
Landowner’s responsibility to ensure compliance
OR
Sign a release with NPS implementer to assist
with information review
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Participation in AM and WQT is voluntary for the
landowner
Compliance with local, state or federal
regulations or program requirements may not be
voluntary in order to continue participation in
those programs (depending on the program requirements)
Landowners should understand how participating
in AM or WQT may/may not impact their
participation in other programs
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Federal Programs
◦ Recommend participants work with the federal
program contacts on program requirements
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State Programs
◦ Work with appropriate agency contacts to ensure
compliance with applicable program requirements
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Local Programs
◦ Work with local contacts
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Meet with participants
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Identify eligible BMPs
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Develop agreement/contract with participant
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Design and install BMPs
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Verify post-construction conditions
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Document project status
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Long-term verification of BMPs
◦ Additional funding for maintenance?
◦ How long; how often?
◦ Continued load reduction modeling (WQT)
◦ In-stream monitoring (AM)
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Tracking systems
◦ Pollutant load modeling
◦ BMPs and technical standards used
◦ Location information
◦ Compliance determinations with AM/WQT contracts
◦ Repairs/modifications needed/completed
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Report to permittee for permit compliance
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Compliance and enforcement
◦ Depends on the agreement/contract language with
the landowner
◦ Depends on the agreement/contract language with
the NPS implementer
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Statewide Variance
Draft guidance document will be posted on
DNR’s guidance website for comment
◦ Anticipated by the end of March
http://dnr.wi.gov/news/input/guidance.html
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AM and WQT are tools for NPS implementers
to use to help meet local goals to control NPS
pollution
There are no regulatory requirements for NPS
implementers to participate in AM and WQT
Amy Callis
Agricultural NPS Implementation Coordinator
608-267-7628
[email protected]
Mary Anne Lowndes
Chief, Runoff Management Section
608-261-6420
[email protected]