Robert M. Summers, Ph.D. September 16, 2015 How can we make sure the Chesapeake Bay Restoration really works?

National Academy of Sciences - May, 2011 “Achieving Nutrient and Sediment Reduction Goals in the Chesapeake Bay: An Evaluation of Program Strategies and Implementation” –“Accurate tracking of BMPs is of paramount importance because the CBP relies upon the resulting data to estimate current and future nutrient and sediment loads to the Bay.”

National Academy of Sciences - May, 2011 “Achieving Nutrient and Sediment Reduction Goals in the Chesapeake Bay: An Evaluation of Program Strategies and Implementation” –“The current accounting of BMPs is not consistent across the Bay jurisdictions. Additionally, given that some source-sector BMPs are not tracked in all jurisdictions, the current accounting cannot on the whole be viewed as accurate.”

National Academy of Sciences - May, 2011 “Achieving Nutrient and Sediment Reduction Goals in the Chesapeake Bay: An Evaluation of Program Strategies and Implementation” –“The committee was unable to determine the reliability and accuracy of the BMP data reported by the Bay jurisdictions. Independent (third-party) auditing of the tracking and accounting at state and local levels would be necessary to ensure the reliability and accuracy of the data reported.”

Millions of dollars are being expended in the public and private sectors to design and put pollution controls into action for pollution sources throughout the watershed. How can the public be assured that the necessary pollution control actions are being taken? Are the pollution controls properly designed, installed, operated and maintained? Are the results being properly measured and reported? How long will the controls continue to function? Are they being restored or replaced when they reach the end of their useful life?

Goal of this project Ensure that the federal, state and local agencies overseeing the Bay restoration put in place: –a fully transparent accounting and verification system that can answer these questions; and –an independent, third party audit process that will demonstrate to the public that the restoration is effective and is being carried out in an efficient manner that makes best use of available resources.

Objective of this project Design and describe an effective independent third-party auditing process, including the type of staff and funding needed to: –Review the jurisdictions' and agencies' reporting and verification procedures; –Ensure that there is transparent and accurate accounting of BMP implementation and progress in meeting the requirements of the Bay Watershed Implementation Plans; and, –Regularly report the findings of the audit to the public.

Workplan 1)Review verification processes in other major restoration efforts and compare these to the CBP Verification Framework 2)Meet with key Bay Program participants and others to get their comments on the CBP Verification Framework and the attributes required for an independent, third party audit process 3)Review the work of the CBP “Independent Verification Review Panel”, the jurisdictions’ proposed actions to meet the requirements of the framework and the final EPA approved verification process 4)Design audit process and determine staffing and funding needs

BMP Verification Review Status Aug Final Meeting of Review Panel Sep 4 - Summary of comments distributed Sep 30: Presentation to Mgmt. Board Oct 16: Presentation to PSC Nov 16: Jurisdiction plans due to EPA Dec 18: EPA review complete Jan 2016: EPA reports out to public

5 out of 41 program plans deemed “predominantly consistent” with the Framework

What is needed for effective verification? 1)initial field inspections to determine whether the pollution control system in place and working; 2)follow up inspections to ensure that the pollution control system is being maintained and is continuing to function; 3)review of documentation and data bases to ensure the field data is accurately recorded and 4)review of the accounting model to ensure the data is being accurately represented and credited for pollution reduction.

Independent third party audits as is the case with any major government program or business, independent third party audits are essential to maintaining the integrity of the verification process.

Third party auditing process 1)verify the jurisdictions' and agencies' reporting and verification procedures; 2)ensure that there is transparent and accurate accounting of BMP implementation and progress in meeting the requirements of the Bay Watershed Implementation Plans; 3)regularly report the findings of the audit to the public; and 4)confirm that the restoration is effective and is being carried out in a manner that makes best use of available resources.

Recommendations The Bay Program jurisdictions must continue to diligently follow through on ensuring that their verification protocols meet the requirements of the Verification Framework. Anyone who is interested in the integrity of the Bay Program progress accounting needs to support the Bay Program jurisdictions’ efforts to develop a strong BMP verification process and ensure that it follows the recommendations of the Independent Verification Review Panel.

Recommendations A viable, third party auditing system needs to be designed and funded to complement the jurisdictions’ verification protocols. The individuals conducting the audit must have the expertise to understand the technical aspects of the BMPs and Bay Program accounting process.

Recommendations Coupling of the verified BMP information with water quality monitoring data collected on a small watershed scale is essential to verifying the performance of BMP systems and understanding where adaptive management adjustments would be beneficial, –particularly in agriculturally dominated areas where Farm Bill privacy restrictions require the aggregation of BMP data to the small watershed scale.

Conclusion The public has a huge investment and stake in the success of the restoration of the Bay and its tributaries. Many are making lifestyle and financial sacrifices and expect assurances that their actions and expenditures are not in vain. The verification and audit process described here is essential to giving all of us the confidence that the Bay restoration effort is on the right track and is working as intended.

Next steps for this project Complete review of jurisdictions’ verification protocols –final versions to be published by EPA in January, 2016 Design third party audit process, staffing and funding requirements Final report and recommendations - March, 2016