1. Preserving York County 2010 Municipal Educational Series January 28, 2010 Rick Keister, Alliance for the Chesapeake Bay Jake Romig, York County Circuit Rider The Chesapeake Bay TMDL

2. What is a Total Maximum Daily Load (TMDL)? Requirement of the Clean Water Act Identifies maximum load to the waterbody to achieve Water Quality Standards –Includes maximum point source loads –Includes maximum NPS loads In other words... a pollution budget

3. What is a TMDL: Overview of Bay Water Quality Problems Basics of the Bay TMDL TMDL implementation Critical role of the Counties

4. How did we get here? 1972 – Clean Water Act –All Streams: Fishable and Swimmable –Gives EPA Authority – Focus on Point Source 1983 – Chesapeake Agreement –3 States and DC Agree to Meet H20 Quality Standards in CWA 1999 – American Canoe Association –Consent Decree: Establish Bay TMDL By 2011

5. How did we get here (cont.)? 2000 – Chesapeake 2000 –Set Cleanup Goals for 2010 – Missed. 2008 – Chesapeake Executive Council –Set 2 Year Milestones – Not 10. 2009 – Pres. Obama Executive Order –Aligns Federal Agencies For Bay Restoration –Reporting Protocol –Strategy for Protection and Restoration

6. How did we get here (cont.)? Nov. ‘09 – EPA State Allocations –PA: 73.64 N (Mil.Lbs.) & 3.16 P (Mil.Lbs.) –Sediment – TBD – But Will Be! Dec. ‘09 – Consequences Letter to States –Framework for Accountability June 1, 2010 – Preliminary Phase I WIP Aug. 1, 2010 – Draft Phase I WIP Nov. 1, 2010 – Final Phase I WIP

7. How did we get here (cont.)? Dec. 1, 2010 – Draft Phase II WIP June 1, 2011 – Final Phase II WIP 2011 – Final TMDL

8. It’s about water quality! Extensive low to no summer dissolved oxygen conditions persist throughout the Chesapeake Bay and its Tidal Tributaries Source: www.chesapeakebay.net/data TMDL

9. Myth The Bay TMDL will be another paper exercise resulting in limited implementation of nutrient and sediment controls.

10. Fact The Chesapeake Bay TMDL will be unlike any other, being part of a comprehensive framework for implementation. This will be the most extensive and complicated TMDL ever developed.

11. Chesapeake Bay TMDL: The Basics Will establish a ‘pollution budget’ for N, P, and S Will establish load caps for all six Bay states and the District of Columbia Planned for completion by December 2010

12. The Bay science allows a local look… Phase 4 Watershed Model Phase 5 Watershed Model

13. Who will develop the TMDL? EPA Region 3 WPD establishes Bay Watershed TMDLs – Watershed states provide input and support on the Bay TMDL – A Stakeholder committee (WQGIT) under the CBP provides key input

14. The Allocation Process Identify Bay- wide target load EPA+ Identify basin- state target loads EPA+ Identify PS/ NPS target loads (Watershed Implementation Plans) States & local

15. Bay TMDL Schedule Fall 2009 Basin-jurisdiction target loads June 2010 Draft State Implementation Plans June 2010 Draft TMDL December 2010 Final TMDL Approved Fall 2009 TMDL public meetings June – August 2010 Public Comment Period for Final Draft TMDL (EPA) Potential State Meetings on Tributary Strategies

16. Current State Target Loads State Tributary Strategy Target Load DC2.122.37 DE6.435.25 MD42.3741.04 NY8.6810.54 PA73.4873.64 VA56.7559.21 WV5.935.71 Total195.75197.76 State Tributary Strategy Target Load DC0.100.13 DE0.250.28 MD2.543.04 NY0.56 PA3.103.16 VA6.417.05 WV0.430.62 Total13.3914.84 NitrogenPhosphorus All loads are in millions of pounds per year. 16

17. Distribution By Sector: Where are we going to get our reductions? Point Source –Treatment Plants –Industrial Dischargers –Regulated Urban Stormwater –Construction –Mines Non-Point Source –Agriculture –Septics –Forest –Harvested Forest –Non-Regulated Urban Stormwater

18. A TMDL is not enough! Biennial Milestones for closing identified program gaps Identify Gaps between needed controls and existing program capacity Effectiveness monitoring to assess implementation actions Contingencies are employed if effectiveness monitoring indicates that appropriate progress is not being made Chesapeake Bay TMDL: Set total nutrient and sediment caps Wasteload and load allocations Allocate at finer scales if feasible Reference other parts of package Develop Implementation plans Identifying the nutrient and sediment controls needed to meet the Basin caps Evaluate existing capacity (programmatic, funding, technical) to fully implement tributary strategies

19. So how do we get to a restored Bay? Watershed Implementation Plans (WIPs) WIPs Serve as the Vehicle To Meet TMDL Loads

20. 20 Watershed Implementation Plan Includes: 1.Interim and Final Target Loads by Major Basin and Sector 2.Current Program Capacity and Gap Analysis 3.Policies, Rules, Dates for Key Actions to Fill Gaps 4.Mechanisms to Account for Growth 5.Contingencies for Failed or Delayed Implementation 6.Appendix with: a.Loads divided by 303(d) segment drainage and source sector b.2-year milestone loads by jurisdiction – EPA will use to assess milestones c.No later than November 2011: Update to include loads divided by local area and controls to meet 2017 interim target load

21. Phased Approach Phase I – Final by Nov. 2010 –Gross Allocations at Basin Level (ie: Susq.) –Broad Scale Approach –General Methods for Achieving Reductions –Not County or Sub-Basin Specific –Commitment to Engage Local Governments

22. Phased Approach (cont.) Phase II – Final by Nov. 2011 – Allocations at Sub Basin or County Level (ie: York County) –Finer Scale Approach –More Specific Methods for Achieving Reductions at the Sub-Basin or County Level –Parameters for Engaging Local Governments

23. Local Government participation is critical! TMDL –Local input on allocation, etc, provide local information Implementation Planning –Identify county level loading targets, controls, support needs from state/federal governments Implementation –Upgrade WWTP – Well Maybe! –Work with conservation districts –Adopt ordinances to reduce nutrients and sediment –Smart Growth –Public Education

24. Status of PA WIP On Schedule – For Pre. Draft Due June 1 Document Non-Cost Share Improvements Setting Milestones For Existing Programs Reliance on Technology: Point & Non- Point Compliance Stormwater

25. Potential Effects on York County?

26. Who’s Paying? $15 Billion Estimated Cost (More Like $30B) $188 Million In Current Farm Bill –For Ag and Non-Point Source $11 Million To States –From EPA $1.5 Billion – Cardin Bill –Stormwater Grants $12 Million – Innovation Grants – NFWF

27. Further Information Jake Romig, York County Circuit Rider –www.ecostructionllc.net/circuitriderwww.ecostructionllc.net/circuitrider –circuitrider@yccf.org Rick Keister, Alliance for the Chesapeake Bay –www.acb-online.orgwww.acb-online.org –rkeister@acb-online.org