Nutrients and the Next Generation of Conservation Presented by: Tom Porta, P.E. Deputy Administrator Nevada Division of Environmental Protection President, Association of State and Interstate Water Pollution Control Administrators

ASIWPCA Founded 1961 Founded 1961 Water pollution control agencies Water pollution control agencies 50 States 50 States 6 Interstates 6 Interstates Work on national water policy with USEPA, Congress and other organizations Work on national water policy with USEPA, Congress and other organizations Mission is to protect and restore our nation’s watersheds Mission is to protect and restore our nation’s watersheds

Nutrient Innovations Task Group Senior water program managers from U.S. EPA, ASIWPCA and ASDWA partnered in 2008 to form the Nutrients Innovations Task Group (NITG) Senior water program managers from U.S. EPA, ASIWPCA and ASDWA partnered in 2008 to form the Nutrients Innovations Task Group (NITG) Synthesis of input from State and national water program experts Synthesis of input from State and national water program experts Clean Water Act Clean Water Act Safe Drinking Water Act Safe Drinking Water Act Point Sources Point Sources Nonpoint Sources Nonpoint Sources Final report published by the NITG in August 2009 Final report published by the NITG in August 2009

Surface Water Impacts 14,000 nutrient related impaired waters listings in 49 states 14,000 nutrient related impaired waters listings in 49 states 2.5 million acres of lakes and reservoirs 2.5 million acres of lakes and reservoirs 80,000 miles of rivers and streams 80,000 miles of rivers and streams 168 Hypoxic zones in the U.S. 168 Hypoxic zones in the U.S. Over 47% of streams in the U.S. have “Medium to High” phosphorus levels Over 47% of streams in the U.S. have “Medium to High” phosphorus levels Over 53% of streams in the U.S. have “Medium to High” nitrogen levels Over 53% of streams in the U.S. have “Medium to High” nitrogen levels 78% of assessed continental U.S. coastal area exhibits eutrophication symptoms 78% of assessed continental U.S. coastal area exhibits eutrophication symptoms

Drinking Water Impacts Increased treatment costs realize to both large and small water systems Increased treatment costs realize to both large and small water systems Major impacts on ground and surface drinking water supplies (Chippewa Falls, WI & Fremont, OH) Major impacts on ground and surface drinking water supplies (Chippewa Falls, WI & Fremont, OH) Rate of nitrate violations in community water systems has doubled over past 7 years Rate of nitrate violations in community water systems has doubled over past 7 years USGS study of 2,100 private wells in the U.S. found 74% with nitrate contamination (4% above MCL) USGS study of 2,100 private wells in the U.S. found 74% with nitrate contamination (4% above MCL)

Major Sources of Nutrients Municipal waste water treatment plants Municipal waste water treatment plants Atmospheric nitrogen deposition Atmospheric nitrogen deposition Urban stormwater Urban stormwater Agricultural livestock Agricultural livestock Agricultural row crop Agricultural row crop

Tools for Controlling Nutrients Point Source Point Source NPDES Permits (Municipal plants, Stormwater, CAFO) NPDES Permits (Municipal plants, Stormwater, CAFO) State effluent limits for dischargers State effluent limits for dischargers Non-point Source Non-point Source Clean Water Act programs (319) Clean Water Act programs (319) Farm Bill programs (EQIP) Farm Bill programs (EQIP) Local planning and zoning Local planning and zoning Point and Non-point Sources Point and Non-point Sources Water Quality Standards Water Quality Standards Total Maximum Daily Loads (TMDL) Total Maximum Daily Loads (TMDL) Water quality trading Water quality trading

Potential New Tools for Nutrients Nonpoint source regulation Nonpoint source regulation Numeric water quality standards Numeric water quality standards Update secondary treatment requirements Update secondary treatment requirements Green labeling Green labeling Market-based nutrient reduction Market-based nutrient reduction

NITG Findings Nutrient pollution is nationally significant, expanding, and likely to substantially accelerate Nutrient pollution is nationally significant, expanding, and likely to substantially accelerate Existing efforts and tools are not succeeding at improving water quality Existing efforts and tools are not succeeding at improving water quality Knowledge, collaboration and incentives will fail absent joint accountability Knowledge, collaboration and incentives will fail absent joint accountability

NITG Findings Full use of existing and additional tools needed Full use of existing and additional tools needed Current regulations disproportionately address certain sources in watershed to exclusion of others Current regulations disproportionately address certain sources in watershed to exclusion of others Localized aspects of state Nonpoint Source programs highly successful, but their broader application has been undercut Localized aspects of state Nonpoint Source programs highly successful, but their broader application has been undercut

ASIWPCA Position Develop technology-based nutrient removal standards for point sources greater than 1 MGD, where needed Develop technology-based nutrient removal standards for point sources greater than 1 MGD, where needed Work with USDA on changes to how conservation programs are administered Work with USDA on changes to how conservation programs are administered Target conservation funds to nutrient reduction Target conservation funds to nutrient reduction Tie fund payments to performance Tie fund payments to performance Share site information to assist with areas in need of reduction Share site information to assist with areas in need of reduction Convince U.S. EPA to include assessments of air deposition of nitrogen to water bodies Convince U.S. EPA to include assessments of air deposition of nitrogen to water bodies Consider alternative to water quality based standards Consider alternative to water quality based standards

Next Steps Brief and communicate findings to senior State and federal decision-makers and others Brief and communicate findings to senior State and federal decision-makers and others Define alternative frameworks of accountability and look for opportunities at the State level Define alternative frameworks of accountability and look for opportunities at the State level Engage key stakeholders to help find solutions and effective accountability Engage key stakeholders to help find solutions and effective accountability Establish 5 or 6 pilot programs to develop and implement nutrient management strategies Establish 5 or 6 pilot programs to develop and implement nutrient management strategies

Questions? Lake Mead 2001