Transcript Chesapeake Bay Program Update on regulatory actions related to Executive Order and the bay TMDL The Virginia Bar Association October 22, 2009 Richmond, Virginia Reginald Parrish U.S.

Chesapeake Bay Program
Update on regulatory actions related to
Executive Order and the bay TMDL
The Virginia Bar Association
October 22, 2009
Richmond, Virginia
Reginald Parrish
U.S. Environmental Protection
Agency
Discussion Points
• Background/Challenges
• Stormwater and the Bay TMDL
• Stormwater and the President’s Executive
Order for the Bay
• Timelines
• How to get information and get involved
Chesapeake Bay Ecosystem
• Largest U.S. estuary
• Six-state, 64,000 square mile watershed
• 10,000 miles of shoreline (longer then
entire U.S. west coast)
• Over 3,600 species of plants, fish and
other animals
• Average depth: 21 feet
• $750 million contribution annually to local
economies
• Home to 17 million people (and counting)
• 77,000 principally family farms
• Declared “national treasure” by President
Obama
Source: www.chesapeakebay.net
Summary: 2008 Bay Health Assessment
Restored Bay
Priority Areas
Water Quality
Dissolved Oxygen
21%
of
Goals Achieved
16
Mid-Channel Clarity
14
Chlorophyll a
27
Chemical Contaminants
28
Habitats & Lower Food Web
Bay Grasses
42
Phytoplankton
45%
of
Goals Achieved
Fish & Shellfish
48%
of
Goals Achieved
53
Bottom Habitat
Tidal Wetlands
42
Not quantified in relation to a goal
Blue Crab
Oyster
60
9
Striped Bass
Shad
Juvenile Menhaden
100
23
Not quantified in relation to a goal
Data and Methods: www.chesapeakebay.net/status_bayhealth.aspx
Main Sources of Pollution
•
•
•
•
Agriculture – animal manure, commercial fertilizer
Urban/suburban runoff – a growing problem
Air pollution – tailpipes, power plants
Wastewater – sewage treatment plants
New Approach to Restoration
Performance and Accountability
• Total Maximum Daily Load (TMDL):
Mandatory ‘pollution diet’
• Chesapeake Bay Executive Order:
New era of federal leadership
• Two-Year Milestones:
State/local commitments to action
• Consequences:
Federal monitoring; consequences for lagging
progress
What is a TMDL?
• Regulatory tool of the Clean Water Act,
Section 303(d)
• Identifies pollutant limit a clean waterbody can
sustain. Includes:
– ‘Point sources’ like sewage treatment plants
– ‘Nonpoint sources’ like polluted runoff from land
– Margin of safety
Chesapeake Bay TMDL
• EPA sets pollution diet
and oversees its
achievement
• Restrictions on nitrogen,
phosphorus and
sediment
• Limits sufficient to meet
states’ Bay clean water
standards
The Bay science supports
local pollution diets…
Phase 4 Watershed
Model
Phase 5 Watershed
Model
Pollution Diet for Each Impaired
Tidal Water Segment
• Clean Water Act
requires a TMDL for
each impaired
waterbody
• MD, VA, DE, DC have
listed most of the
Bay’s 92 tidal water
segments as
impaired
• All 6 watershed
states must be part
of reaching the
prescribed diet for
each of these Bay
tidal water segments
Watersheds Draining to Virginia’s 35 Tidal Bay Segments
Counties Overlaying the Watersheds Draining to Virginia’s 35 Tidal Bay Segments
Stormwater and Wasteload
Allocations
• Urban Workgroup working with states to identify
approach for assigning allocations
• Must provide specificity to local governments
• MD and VA considering approach to determine regulated
vs unregulated land uses
• VA land use data lacking
• Significant issues related to MS4 designations and
boundaries
• R3 and CBPO working on efforts to refine MS4 permit
database and collect industrial permits data
• Permits data to will be available for state and local WLA’s
Stormwater Permits and Wasteload
Allocations (WLA’s)
• Most states update regulations and programs
• VA regulations under review – important to
establish performance std protective of water
quality and anticipate TMDL
• State programs should incorporate actions into
permits that achieve WLA
• Provide accountability and certainty
Mandatory Pollution Diet at Work
Watershed Implementation Plan
Expectations
• Identify reductions by river basin, tidal
segment watershed, county, source sector
• Identify gaps and strategy for building local
capacity
• Commit to develop 2-year milestones at the
county scale
• Develop contingencies
EPA Consequences
• Will be outlined in EPA letter this fall. May
include:
– Assigning more stringent pollution reductions
to point sources
– Objecting to state-issued NPDES permits
– Limiting or prohibiting new or expanded
discharges of nutrients and sediment
– Withholding, conditioning or reallocating federal
grant funds
President Obama’s Executive
Order
• Signed May 12, 2009
• Designates Bay as national treasure
• Directs federal activities to create new
generation of tools, accountability, and
cooperation in restoring Bay
• Stormwater addressed in 202(a) and
202(c)
Draft Report 202(a)
Summary of EPA’s Proposed Approach
• EPA would implement a three-part strategy to reduce
nutrient and sediment pollution, two of the most
widespread and long-standing water quality problems
affecting the Bay
• EPA’s strategy guided by four themes:
– Increased accountability and performance at all levels of
government
– Expanded use of regulatory authorities to assure reductions in
pollution
– Intensively targeting resources where they are needed the most
– Harnessing the latest innovations to make leaps in progress
202 (a) Part One -- Create a new accountability program to
guide federal and state efforts to restore the Bay
•
•
•
Chesapeake Bay TMDL process will provide states and DC with draft
loading reduction targets for nitrogen (N), phosphorus (P) and sediment in
Fall 2009
States and DC to provide EPA with “reasonable assurance” that nonpoint
source (NPS) loading reductions will be achieved before EPA establishes
final TMDL in Dec. 2010
Clean Water Accountability programs in each state and DC
– Achieve pollutant reductions from all sources – including nonpoint sources -- via
regs, permits, or enforceable agreements*
– Include commitments to dates for needed regulations or other instruments to be
established and implemented to achieve TMDL allocations
•
Series of 2-year milestones of near-term goals to evaluate progress toward
water quality goals
*enforceable nonpoint source programs expected in MD, VA, PA and DC -- the Chesapeake
2000 Agreement signatory jurisdictions. WV, DE and NY have committed to water quality
goals through a Memorandum of Understanding and would not have to adopt enforceable
programs if they commit to alternative programs that EPA can be assured will result in
necessary reductions and demonstrate progress through 2-year milestones
202(a) Strategy
New accountability to guide federal and state actions to
reduce nutrients and sediments. Consequences:
- permits objections
- limit new or expanded discharges
New rulemakings/actions under the CWA, the CAA, and
other authorities
- CAFOs
- Stormwater
- New and expanding sources
Enhanced partnership between USDA and EPA
202(a) and Stormwater
1) Additional requirements to address stormwater from new
and redevelopment
2) Requiring retrofits in areas served by MS4s
3) Expanding universe of areas covered under MS4
programs
202(a) and Stormwater
Additional requirements to address stormwater from new
and redevelopment
•
•
•
•
•
Complete retention of runoff from 95 percentile storm
event
Infiltrate, evapotranspirate, use/reuse
1.2-1.7 inches in Cbay Watershed
Per draft guidance, option 2 calculate predevelopment
hydrology
Offsets, fee in lieu as off-ramp for unmet portion
202(a) and Stormwater
Requiring retrofits in areas served by MS4s
•
•
•
•
•
Necessary to meet local and bay water quality
Establish goals by permit cycle
Consider broad definition of retrofit
Goals my differ based on land use (e.g large
commercial, institutional)
Residential incentives
202(a) and Stormwater
Expanding the universe of areas regulated under NPDES
•
•
•
•
•
Use of residual designation if necessary
New census and urban areas
Target areas of growth and impervious cover
May target key impaired hotspots
Residual designation may include individual facilities,
jurisdictions, etc
Stormwater Rulemaking Options
• National rule vs Bay specific rule
• National rule w/ Bay specific provisions
• Coordinate with Construction and Development Effluent
Guideline (12/09)
• Work in concert with states to make revisions
• Others?
202(c) and Stormwater
Stormwater on Federal Facilities
•
•
•
•
•
Fully implement EISA Section 438
New development and redevelopment projects retain
runoff from 95th percentile storm event (projects 5000
square feet of more)
Facilities establish compliance targets for retrofit
Led by DOD
EPA to establish SW best practices guide
Oct 2009
How, When and Where to
Get Involved
Major basin
jurisdiction
loading
targets
NovemberDecember
2009
JuneSeptember
2010
Bay TMDL
Public
Meetings
Watershed
Implementation
Plans: November
2009 – March 2010
Divide Target
Loads among
Watersheds,
Counties,
Sources
Program
Capacity/Gap
Evaluation
Public
Review
And
Comment
Dec
2010
Final
TMDL
Established
Starting
2011
2-year
milestones,
reporting,
modeling,
monitoring
Executive Order Next steps,
timelines
• November 9th release 180 day report for
public comment
• Agency continues to explore Stormwater
regulatory options
• Consult with White House CEQ and other
partners
• Begin rulemaking based on comments
• Final report May 12, 2010