Northern Virginia Regional Commission MS4 Workgroup March 17, 2011

Purposes for Meeting:  Provide Information on Chesapeake Bay TMDL process…  Discuss how the ChesBay TMDL process could impact local governments…  Discuss possibility of regional response to Chesapeake Bay TMDL including regional Watershed Implementation Plan…

 Largest TMDL yet  Caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC  35 Segments in Virginia  States set load caps for point and non-point sources  Includes Watershed Implementation Plans  2 Year Incremental Steps  Goal: Acceptable water quality in the Bay by 2025

 Finalized 11/29/10  Assigned allocations by basin and sector  EPA approved Virginia’s Phase I WIP with “enhanced oversight and contingencies” for urban stormwater  EPA may shift a greater portion of Virginia’s urban stormwater load from the load allocation to the wasteload allocation  EPA reserves authority to object to proposed stormwater regulations, MS4 permits, construction general permits, and industrial stormwater permits  Included Individual Waste Load Allocations for 11 Virginia MS4 Phase I Jurisdictions

 Revise Stormwater Management Regulations to prevent load increases from new development  Require that redevelopment meet reductions in nutrient and sediment loads from Stormwater Management Regulations  Restrict application of non-ag fertilizers  Require reporting from “for-hire” applicators  Encourage all locality owned non-ag lands receiving nutrients to develop and implement nutrient management plans  Implement additional BMPs on existing pervious and impervious lands through future permits and wider adoption of stormwater utility fees

 Requires “Level 2” retrofits of existing urban lands  Load reductions from impervious urban lands:  9% Nitrogen, 16% Phosphorus, 20% Sediment  Load reductions from pervious urban lands:  6% Nitrogen, 7.25% Phosphorus, 8.75% Sediment  Achieve 100% of reductions over next 3 permit cycles  : 5% of required reductions  : 35% of required reductions  : 60% of required reductions  Allocations for newly developed land will be set at a level that results in no increase above allowable 2025 average nutrient loads per acre from previous land uses, unless offset  Requirements in Stormwater Management Regulations that redevelopment meet reductions in nutrient and sediment loads  Proposes to expand Nutrient Trading for Stormwater Dischargers to enable both buying and selling for new and existing development

 Load reductions from impervious urban lands:  9% Nitrogen, 16% Phosphorus, 20% Sediment  Load reductions from pervious urban lands:  6% Nitrogen, 7.25% Phosphorus, 8.75% Sediment TMDL Reductions (%) NitrogenPhosphorusSediment POTTF_Md POTTF_DC20 POTTF_VA64 POTOH_VA10219 POTOH1_MD12515

877 industrial dischargers identified, specific provisions not developed, aggregate averages used: Phosphorus:  Medium imperviousness: 1.2 lb/acre/year  High imperviousness: 1.5 lb/acre/year Nitrogen  Medium imperviousness: 9.9 lb/acre/year  High imperviousness: 12.3 lb/acre/year Sediment  Medium imperviousness:.16 tons/acre/year  High imperviousness:.22 tons/acre/year

 Waste Load Allocations set at levels permitted under current Virginia regulations  Seek legislative changes necessary to require offsets for nutrient loads of less than 1000gpd  Seek legislative changes to establish requirement for offsetting loads for discharger that expand to less than 40,000gpd.  WIP states that significant dischargers are currently using only 65% of design capacity  WIP anticipates that excess capacity will be used for Nutrient Trading and/or to provide offset for future growth

 Require a minimum 50% reduction in delivered N for all new small alternative onsite systems in the Chesapeake Bay watershed  Implement proposed Dept of Health regulations for alternative systems  State to consider revisions to require nitrogen reducing technologies  State to consider revisions to encourage the use of community onsite systems  Expand the Nutrient Credit Exchange Program to include on-site systems

 EPA letter to states on December 29, 2009  EPA will take actions for state failure to:  Submit WIPs consistent with EPA expectations  Submit 2-year milestones consistent with EPA expectations  Achieve 2-year milestone target loads

 Expand NPDES permit coverage to unregulated sources  Require net improvement offsets  Require additional reductions from point sources  Increase federal enforcement  Condition or redirect federal grants  Promulgate local nutrient standards

 EPA Calibrating Model Version  Address Urban Land and Agric Nutrient Management Issues  Adjust Allocations if necessary  DCR and DEQ still holding internal discussions regarding nature, composition and formation of WIP II entities.