Potomac Round Table Bay TMDL Update 4/1/2011

Schedule Dec 29,2010 EPA established Bay TMDL Dec 29,2010 EPA established Bay TMDL March/April/May/June 2011 EPA Model Updates – loadings will change for urban (land use update) and agriculture (nutrient management plans) March/April/May/June 2011 EPA Model Updates – loadings will change for urban (land use update) and agriculture (nutrient management plans) June/September 2011 Draft State Phase 2 WIP to EPA June/September 2011 Draft State Phase 2 WIP to EPA November 2011/March 2012 Final State Phase 2 WIP to EPA November 2011/March 2012 Final State Phase 2 WIP to EPA

Phase 2 Goals EPA EPA Provide Roadmap at scale that helps partners Provide Roadmap at scale that helps partners Engage local decision makers Engage local decision makers Provide specific controls to be implemented by 2017 Provide specific controls to be implemented by 2017 Ensure no backsliding Ensure no backsliding Endorsement from local officials Endorsement from local officials State State Allow Flexibility in implementation Allow Flexibility in implementation Extensive implementation of resource management plans on Agricultural lands Extensive implementation of resource management plans on Agricultural lands Vastly improved accounting of voluntary practices Vastly improved accounting of voluntary practices Develop local profiles – collect information from localities Develop local profiles – collect information from localities Refine allocations- goals Refine allocations- goals Work with stakeholders to develop plan Work with stakeholders to develop plan

State Process Stakeholder Advisory Group (SAG) – April 26, 2011 – First Meeting Stakeholder Advisory Group (SAG) – April 26, 2011 – First Meeting State holding meetings with 16 Planning District Commissions – to get their help State holding meetings with 16 Planning District Commissions – to get their help

Non-Environmental Bay Stuff American Farm Bureau vs. EPA American Farm Bureau vs. EPA TMDL is Arbitrary and Capricious TMDL is Arbitrary and Capricious Inadequate Notice and Comment Inadequate Notice and Comment EPA Exceeded its Authority EPA Exceeded its Authority Hampton Roads Planning District – considering challenge Hampton Roads Planning District – considering challenge EPA’s Peer Review – Model not appropriate for use at local level EPA’s Peer Review – Model not appropriate for use at local level SB 1099 Offsets – Allows Nutrient Trading SB 1099 Offsets – Allows Nutrient Trading SB155/HB1831 Fertilizers SB155/HB1831 Fertilizers

Fairfax County Appendix Q – Specific Allocations to Va. Phase 1 MS4s Appendix Q – Specific Allocations to Va. Phase 1 MS4s Bay TMDL Specifics are in Draft MS4 Permit Bay TMDL Specifics are in Draft MS4 Permit Different loads to 3 different river segments Different loads to 3 different river segments Only applies to MS4 Service Area Only applies to MS4 Service Area Limits Project Selection Limits Project Selection Eliminates Stream Restoration Eliminates Stream Restoration EPA & State BMP efficiencies differ EPA & State BMP efficiencies differ How does this align with local TMDLs? How does this align with local TMDLs? Sediment may preclude trading Sediment may preclude trading

Positive Movement HB1831/SB155 Fertilizer Bill HB1831/SB155 Fertilizer Bill SJ 334 Trading Expansion SJ 334 Trading Expansion Phase 1 WIP – Urban Side Phase 1 WIP – Urban Side Non retrofit actions part of strategy Non retrofit actions part of strategy MS4 – 5% load reductions in first permit cycle MS4 – 5% load reductions in first permit cycle Plan and ramp up during first permit cycle Plan and ramp up during first permit cycle Flexibility – “any mix of practices” Flexibility – “any mix of practices” Sewage Treatment Plants meeting goals Sewage Treatment Plants meeting goals

Thank you Contact Information: Randy Bartlett, P.E. Department of Public Works and Environmental Services Fairfax County Government Center Parkway Fairfax, Virginia TTY 711