Update on the Development of EPA’s Chesapeake Bay TMDL and Virginia’s Watershed Implementation Plan Russ Perkinson Potomac Roundtable October 8, 2010

Chesapeake Bay TMDL EPA sets pollution diet to meet clean water standards Caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC States allocate loads to point and non-point sources so not to exceed TMDL cap [i.e., diet] Must demonstrate “reasonable assurance” of actions VA draft Watershed Implementation Plan (WIP) sent to EPA on Sept 3 EPA has provided comments and “Backstops”

Schedule for Bay TMDL Process Major basin jurisdiction loading targets Oct year milestones, reporting, modeling, monitoring Starting 2011 Divide Target Loads among Watersheds, Counties, Sources Phase 1 Watershed Implementation Plans: November 2009 – Sept 1, 2010 Final TMDL Established Public Review And Comment October 1- Nov 1, 2010 December 2010 Local Program Capacity/Gap Evaluation Bay TMDL Public Meetings November- December 2009 Phase 2 Watershed Implementation Plans: Jan – Nov 2011

Federal Consequences Dec. 29, 2009 EPA Letter Directed at states not achieving expectations Includes: 1.Expand NPDES coverage to currently unregulated sources 2.Object to state-issued NPDES permits and increase program oversight 3.Require net improvement offsets 4.Establish finer scale wasteload and load allocations in the Bay TMDL 5.Require additional reductions of loadings from point sources (e.g., wastewater, stormwater, CAFOs) 6.Increase and target federal enforcement and compliance assurance in the watershed 7.Condition or redirect EPA grants 8.Federal promulgation of local nutrient water quality standards

Virginia Draft Allocations Nitrogen – [Million Pounds/Year] VA Basins2009 Progress Tributary Strategies EPA Draft Allocations July 2010 Shen/Pot Rapp York James E. Shore VA Totals

Virginia Draft Allocations Phosphorus – [Million Pounds/Year] VA Basins2009 Progress Tributary Strategies EPA Draft Allocations July 2010 Shen/Pot Rapp York James E. Shore VA Totals

Virginia TMDL Stakeholder Advisory Group Membership 40 members representing agriculture, wastewater, developed and developing lands, local and federal government, NGOs, seafood industry and consultants Charge Provide for a transparent process, a forum for open discussion, advice on pollutant load reductions by sector and on the ability of current, expanded, and new programs to achieve needed pollution reductions SAG has met four times to date, future meetings possible

Overview of WIP Wastewater Significant dischargers will not exceed current allocations based on Water Quality Management Planning Reg and Chesapeake Bay Watershed general Permit Reg Nonsignificant discharger loads based on 2005 Code of Va procedures Combined sewer systems based on long-term control plan for bacteria

Overview of WIP Agriculture Implementation of Plan(s) that include: –Nutrient Management Plans –Soil Conservation Plans –35’ grass or forest buffers between crop and hay land and perennial surface waters –Livestock stream exclusion from perennial streams 95% coverage needed of the above. Better accounting of voluntary and currently required practices. Expanded cost-share program to assist in transition to expected practices and to encourage many other “ incentive based ” practices

Overview of WIP Urban Stormwater Revise VA Stormwater Management Regulations to prevent loads from increasing above loads allowed for previous land uses. Maximize implementation of urban nutrient management: –All municipal / county owned lands implement NMPs –Lawn service companies follow DCR criteria for fertilizer use and reporting –NMPs on all golf courses –Sales restrictions or controls on do-it-yourself fertilizers –Prohibit use of nitrogen based deicers –Require proper storage and disposal of non-ag fertilizers by retailers Retrofit existing developed lands with BMPs over 15 years –Impervious lands 9% N ↓, 16% P ↓ –Pervious lands 6% N ↓, 7% P ↓ –Federal Lands – Twice these reductions –Or much greater reductions in some basins unless offset loads

Overview of WIP Onsite / Septic Consider revisions to Code of VA to require the use of either: –Shallow-placed drainfields to reduce nitrogen loss, or –Denitrification systems (sites where shallow-placed is not an option) Consider requiring denitrification systems in certain defined sensitive areas Consider Code revision to encourage the use of community systems Explore tax credits or other financial incentives to upgrade existing septic systems, grants for low income families Expanded nutrient credit exchange program

Possible Expanded Nutrient Credit Exchange Consider revisions to Code of VA to expand current nutrient credit exchange Would allow stormwater to buy and sell credits Would allow on-site / septic sector to buy credits Based on proposed sector allocations in VA’s draft WIP, only the wastewater sector will likely have any significant credits to sell in the future

EPA Backstops Wastewater – 4 mg/L TN and 0.3 mg/L TP at design flow (ENR) MS4s – 50% of urban MS4 land gets aggressive high efficiency BMP retrofits –25% of present unregulated land gets aggressive retrofits (designated as new MS4 areas) Confined Animal Feeding Operations –All CAFOs have waste storage, barnyard runoff control, mortality composting, feed management to reduce N & P –All AFOs – achieve essentially the same standards as CAFOs, designated as CAFOs as needed to achieve objective

EPA Comments on VA WIP Agriculture –Reasonable assurance not demonstrated adequate to achieve BMP levels – need to describe regulatory and other drivers –Need to better address P saturated soils in Shenandoah Valley –Consider expanding VPA program to small dairies –Develop alternative uses of poultry manure with integrators Stormwater –Stronger performance standard on new development to address volume and flow (retention, not detention) –No driver to force retrofits down to E3 levels in WIP input deck Proposed Nutrient Credit Exchange –WIP proposes that all onsite/septic systems are retrofit or obtain offset credits, but no regulatory driver to require all owners of septic systems or owners of impervious surfaces to purchase annual credits or retrofit

Specific Issues for the Potomac and Shenandoah Watershed Wastewater loads are already close to or exceed EPA backstops – at least for significant municipal plants EPA backstops would require reduction of urban stormwater loads to extremely low levels Perhaps some opportunity for higher implementation long term futuristic Ag practices (Precision Ag, Continuous No-till, etc.)

Agency Websites EPA VA-DEQ VA-DCR

Question & Answer

Extra Slides

Phase II - Phase II - Local Target Loads and Action Plans  Will work closely with local stakeholders to identify specific controls and practices to be implemented  Agencies will initiate work later in 2010  Due by November 2011

2-Year Milestone Process  Biennial Milestones –Use adaptive management; identify specific actions needed to maintain schedule  Continue to engage stakeholders and public  Monitor and evaluate progress  Next milestone period – January 1, 2012 to December 31, 2013 to be completed with phase II plan

Summary Table of 2025 by Sector for Shenandoah - Potomac Source Sector2009 NitrogenWIP 2025 Nitrogen EPA 2025 Nitrogen Agriculture8,870,7636,979,0007,269,830 Urban Stormwater 2,871,0702,269,0001,674,759 Wastewater3,582,4753,756,0003,512,879 On-site646,175597,000685,295 Forest3,988,8354,122,0004,219,608 Atm. Dep.99,702102,000102,126 Total20,059,02017,825,00017,464,496

Summary Table of 2025 by Sector for Shenandoah - Potomac Source Sector2009 Phosphorus WIP 2025 Phosphorus EPA 2025 Phosphorus Agriculture990,074638,000819,980 Urban Stormwater 320,623267,000163,677 Wastewater438,965280,000266,937 On-site000 Forest200,868204,000213,387 Atm. Dep.7,6048,0007,838 Total1,958,1341,470,0001,471,820