1. Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

2. The Topic of Discussion New York is going to be involved with helping improve the water quality of the Chesapeake Bay. Today”s presentation will try to explain some of the background on this issue and some of the potential ramifications.

3. Coalition of 14 Counties in NY and PA formed in 1992 7500 sq. mi. Headwaters of the Susquehanna River All USC counties agreed to “work on water quality projects of mutual interest” Includes staff from County Water Quality Committees, Soil and Water Districts, County Planners, Cooperative Extension, Town Supervisors, County Health, Local Lake Associations Upper Susquehanna Coalition - The Messenger - Who are we?

4. Upper Susquehanna Coalition: What do we do? Develop watershed plans to address local nonpoint source water quality issues Provide advice to residents on soil and water conservation issues Provide technical support to other county, state and federal agencies Install Best Management Practices on farms Stabilize erosion on streams, road ditches, road banks and other problem areas Build wetlands to reduce flooding and improve water quality

5. The Chesapeake Bay Watershed: Covers 64,000 sq mi Includes 6 states and Washington D.C. New York contains the headwaters of the Chesapeake Bay PA MD VA WV DE NY

6. There are parts of 19 NY Counties in the Chesapeake Bay Watershed

7. Chesapeake Bay Program In 1983 a multi - state partnership formed to work toward a voluntary restoration of the Bay The original Program Members are EPA, D.C., PA, VA, MD. NY, WV, DE signed an agreement in 2000 to help with water quality aspects of the Program Maryland Delaware New York District of Columbia Virginia West Virginia Pennsylvania Chesapeake Bay Watershed Boundary

8. Chesapeake Bay Program Under the Federal Clean Water Act the Bay is considered “impaired waters” and the Chesapeake Bay Program began to address that issue Info Source:Chesapeake Bay Program Impaired Water

9. The entire watershed contributes nutrients and sediments that lead to the impairment of the Bay Info Source:Chesapeake Bay Program 50% of the Bay’s fresh water

10. What are the pollutants of concern for the Chesapeake Bay and their major sources? Pollutants: NITROGEN - supports algae blooms in salt water resulting in low dissolved oxygen (the real problem) when the algae dies PHOSPHORUS - supports algae blooms in fresh water resulting in low dissolved oxygen (the real problem) when the algae dies SEDIMENT - directly smothers aquatic plants and animals and indirectly impacts all living resources by reducing light Sources: Urban runoff, sewage treatment plants, septic systems Runoff from agricultural operations Runoff from forests Info Source:Chesapeake Bay Program

11. Nitrogen Loads Delivered to the Chesapeake Bay by Jurisdiction 39 % 28 % 20% 7 % 3 % 2 %1% Info Source:Chesapeake Bay Program

12. Sediment Loads Delivered to the Chesapeake Bay by Jurisdiction 22% 47% 20% 3% 7% 1%>1% Info Source:Chesapeake Bay Program

13. The entire watershed contributes nutrients and sediments that lead to the impairment of the Bay Info Source:Chesapeake Bay Program 50% of the Bay’s fresh water

14. Why is this important to New Yorkers? A recent lawsuit has resulted in a court order to cleanup the Bay. This lawsuit will require EPA to enact a Total Maximum Daily Load (TMDL) for the Chesapeake Bay and its Watershed, including NY by 2011. The TMDL sets a maximum limit for pollutant levels in a Waterbody and these levels are reached and maintained through permits and other regulatory means. Municipalities, businesses, farmers, residents and others who produce sediment or nutrients could be affected. Regulations could impact the Local Economy

15. Total Maximum Daily Loads (TMDLs) For Individual Pollutants Required under Section 303 (d) of the Clean Water Act TMDL = WLA + LA + MOS TMDL - A water body’s loading capacity for a particular pollutant WLA - Sum of point source waste load allocations LA - Sum of non-point source load allocations MOS - Margin of Safety

16. Total Maximum Daily Loads (TMDLs) Why avoidance is Good Prevent out of state regulatory control Mitigate the need for sweeping permit changes Allow those who are impacted local control and decision making

17. But, There is Some Good News… “The Chesapeake Bay Program partnership has agreed to develop and carry out a cooperative approach to remove water quality impairments by 2010. This will allow them more flexibility in how they restore the Bay without restrictive TMDL regulations." Info Source:Chesapeake Bay Program The Challenge: Clean up the Bay by 2010 and avoid regulations in 2011

18. NY Agreed to Help In 2000, Governor Pataki joined executives from the other Chesapeake Bay Watershed states and the federal government in agreeing to: “Work cooperatively to achieve a clean Chesapeake Bay by 2011” “Provide for public participation” “Collaborate on the development and use of innovative measures to achieve the necessary reductions”

19. A Window of Opportunity We should take advantage of this unique “Window of Opportunity” to develop our own strategy to address this potential regulatory issue.

20. Info Source:Chesapeake Bay Program New York Goals developed by the CBP, based on Computer Model and Water Sampling Information

21. Approach: Develop a plan that helps the Bay meet its clean water standards and avoid a regulatory TMDL Inform stakeholders, get feedback, challenge them to help Develop a plan that addresses economic development as well as water quality issues Develop a plan that helps local communities first and second, has downstream benefits Account for our past good practices to help get us closer to the goal Lobby for federal funds to support the increased efforts that will be needed to accomplish the necessary tasks

22. Tributary Strategy Development Three Work Groups have started to help DEC develop the NY Tributary Strategy: OUTREACH GROUP SCIENTIFIC SUPPORT GROUP STRATEGY ADVISORY GROUP

23. OUTREACH We are giving presentations to discuss the issue and solicit feedback and questions We will hold informational meetings on the strategy after a draft is developed to gain further input We suggest interested individuals subscribe to the “Bay Journal” a free publication which can keep them informed on all aspects of this issue.

24. SCIENTIFIC SUPPORT We are in the process of documenting all past practices that have resulted in nutrient and sediment reductions to take full credit for these activities We are reviewing the Chesapeake Bay Watershed Model to ensure it accurately describes NY contributions We are partnering with University researchers to investigate other models, practices and approaches that will help NY more easily reach it goals

25. STRATEGY ADVICE We are soliciting individuals from all of the major stakeholder groups to help suggest what should be in the Strategy We are providing information to New York’s member of the “Bay Blue Ribbon Panel”, a group which is soliciting funding support from Congress

26. What can Stakeholders do? Understand the issue - visit www.chesapeakebay.net www.chesapeakebay.net Inform others

27. More Information? Upper Susquehanna Coalition Web Site: www.u-s-c.org James Curatolo Watershed Coordinator 607-546-2528 jac3@htva.net Chesapeake Bay Program Web Site: www.chesapeakebay.net