1. Update on Chesapeake Bay Issues Presentation to the Chesapeake Bay and Water Resources Policy Committee July 17, 2009 Ted Graham & Steve Bieber COG Department of Environmental Programs Presentation to the Chesapeake Bay and Water Resources Policy Committee July 17, 2009 Ted Graham & Steve Bieber COG Department of Environmental Programs

2. July 17, 20092 Topics for Today Latest Bay restoration developments Latest Bay restoration developments –Executive Order –TMDL and Implementation Plans Update on Chuck Fox’s presentation at the COG Board Retreat Update on Chuck Fox’s presentation at the COG Board Retreat Recommendations for Board action Recommendations for Board action

3. July 17, 20093 Executive Order Components Sec. 201 – Shared Federal Leadership, Planning and Accountability Sec. 201 – Shared Federal Leadership, Planning and Accountability Sec. 202 - Seven Draft Reports in 120 days; Seven Final Reports in 180 Days Sec. 202 - Seven Draft Reports in 120 days; Seven Final Reports in 180 Days Section 203 – Draft Strategy in 180 Days; Final Strategy in One Year Section 203 – Draft Strategy in 180 Days; Final Strategy in One Year Sec. 204. Collaboration with State Partners Sec. 204. Collaboration with State Partners

4. July 17, 20094 FLC Drafts Strategy 2009 2010 Page 5 MayJunJulAugSepOctNovDecJanFebMarAprMayJun Chesapeake Bay Restoration Executive Order Timeline Agencies Draft Reports 0120180365 Agencies Finalize Section 202 Reports FLC Review Section 203 Strategy = FLC Releases Reports consult with states suggest revisions Public Comment FLC Finalizes Today Section 203 Strategy Implementation Agency Implementation consult with states extensively Beginning 2010 FLC Releases: Annual CB Action Plan Annual Progress Report = Agencies Release Draft s. 202 Reports

5. July 17, 20095 TMDL and Implementation Plan Development Process Assign nutrient and sediment load targets to major basins (e.g., Potomac River) and jurisdictions. Assign nutrient and sediment load targets to major basins (e.g., Potomac River) and jurisdictions. Jurisdictions subdivide targets to establish implementation plan allocations – most likely at the county scale. Jurisdictions subdivide targets to establish implementation plan allocations – most likely at the county scale. Iterative process to develop draft Bay-wide TMDL. Iterative process to develop draft Bay-wide TMDL. Final TMDL – December 2010 Final TMDL – December 2010

6. July 17, 20096 Purpose of State Implementation Plans (SIPs) Demonstrate “reasonable assurance” that Bay TMDL load allocations will be achieved. Demonstrate “reasonable assurance” that Bay TMDL load allocations will be achieved. Provide greater detail about load allocations Provide greater detail about load allocations Support an “adaptive management” approach Support an “adaptive management” approach Implement Executive Order Implement Executive Order

7. July 17, 20097 What is “reasonable assurance”? In general: In general: –Regulatory programs with well defined compliance and enforcement authority –Incentive-based programs with sufficient resources and commitments to ensure implementation Anticipate “contingencies” for both regulatory and non-regulatory programs. Anticipate “contingencies” for both regulatory and non-regulatory programs.

8. July 17, 20098 Geographic Scale of SIP Wastewater facilities will have a load for each location Wastewater facilities will have a load for each location Loads from other sources, loads will be allocated by county Loads from other sources, loads will be allocated by county Non-tidal states expected to have same detail as tidal states Non-tidal states expected to have same detail as tidal states

9. July 17, 20099 SIP Content Necessary controls Necessary controls –From all sources –By county and Bay Program segment Program capacity documentation Program capacity documentation Schedule Schedule Mechanisms to ensure implementation Mechanisms to ensure implementation System for tracking & reporting progress System for tracking & reporting progress Set asides or process to offset future growth Set asides or process to offset future growth Contingencies for inadequate implementation Contingencies for inadequate implementation

10. July 17, 200910 Implementation Stages Stage 1: Stage 1: –Detailed plan to achieve load targets –Could be equivalent level of effort to Tributary Strategies Stage 2: Stage 2: –Remaining reductions to fill gap –Less detail for new authorities or technologies Provisions for Growth Provisions for Growth

11. July 17, 200911 Major Milestones Jul 2009 – PSC approve initial target loads Jul 2009 – PSC approve initial target loads Oct 2009 - PSC approve allocation methods Oct 2009 - PSC approve allocation methods Nov 2009 – States begin SIP preparation Nov 2009 – States begin SIP preparation Jan 2010 – Draft SIPs due Jan 2010 – Draft SIPs due Apr 2010 – PSC approval of preliminary draft TMDL Apr 2010 – PSC approval of preliminary draft TMDL May 2010 – EC announce Bay TMDL review period May 2010 – EC announce Bay TMDL review period Jun-Sep 2010 – Public review & meetings Jun-Sep 2010 – Public review & meetings Oct 2010 – Response to public comments Oct 2010 – Response to public comments Nov 2010 – PSC approval of draft final Bay TMDL Nov 2010 – PSC approval of draft final Bay TMDL Dec 2020 – EPA publication of final Bay TMDL Dec 2020 – EPA publication of final Bay TMDL

12. July 17, 200912 Fox at COG Retreat: Topics History & status of Bay restoration effort History & status of Bay restoration effort –Is it failing? Progress on Bay TMDL & SIPs Progress on Bay TMDL & SIPs –Requirements for localities –State & local implications if targets are missed Significance of the Bay Executive Order Significance of the Bay Executive Order –Changes? –New regulatory requirements? Costs vs. benefits of controlling urban stormwater Costs vs. benefits of controlling urban stormwater Funding adequacy Funding adequacy –Any additional federal obligations?

13. July 17, 200913 Fox at COG Retreat: Questions Mechanisms for obtaining local government input? Mechanisms for obtaining local government input? Any new funding source to address urban stormwater? Any new funding source to address urban stormwater? –Prospects for the Blue Ribbon Panel’s Financing Authority? Regulatory stability for wastewater plants? Regulatory stability for wastewater plants? –Protect the very large commitments states & utilities have made. –Any prospect for requirements beyond ENR? Equity: Will wastewater and stormwater reductions be matched by comparable agricultural reductions? Equity: Will wastewater and stormwater reductions be matched by comparable agricultural reductions?

14. July 17, 200914 Recommended Actions Send letters to Bay Program Send letters to Bay Program –More transparency on modeling efforts –Opportunities for local government input during implementation plan development Develop recommendations for a regional planning process similar to CWA Section 208 Develop recommendations for a regional planning process similar to CWA Section 208 Provide guidance on TMDL outreach Provide guidance on TMDL outreach Provide input on questions for Chuck Fox Provide input on questions for Chuck Fox