West Virginias Involvement in the Chesapeake Bay Cleanup Update and Timeline Alana Hartman, WV DEP January 13, 2010

WVs Tributary Strategy Implementation Comte WV Department of Environmental Protection WV Conservation Agency / Conservation Dists WV Department of Agriculture Cacapon Institute The Conservation Fund - Freshwater Institute Natural Resources Conservation Service WV Division of Forestry WV Division of Natural Resources USDA Farm Service Agency WVU Extension Service US Fish & Wildlife WV Water Resource Institute Trout Unlimited…others

In June of 2002, Governor Bob Wise signed the Chesapeake Bay Program Water Quality Initiative Memorandum of Understanding. By signing this memo, West Virginia agreed to develop goals and objectives to reduce nutrient and sediment loading. Reductions of 33% for nitrogen, 35% for phosphorus, and 6% for sediment are needed between the years 2002 and => WVs Potomac Tributary Strategy (2005)

= WVs Potomac Tributary Strategy (2005) Covered various sources of pollution: Point Sources: wastewater treatment plants industrial sources Nonpoint Sources: urban/suburban runoff agriculture forest harvesting septic systems … etc.

Much progress has been made: Voluntary actions by agricultural producers, homeowners County plans & ordinances revised Point Sources permits revised Education and outreach regarding good practices Local watershed groups enlisted/empowered to help Clean Water Act Section 319 Project Teams in Sleepy Creek and elsewhere, and $$

THE CHESAPEAKE BAY TMDL: Restoring Waters of West Virginia and the Chesapeake Bay Bay TMDL Public Meeting November 4, 2009 Martinsburg, WV Rich Batiuk and Bob Koroncai U.S. EPA Region III 6

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Largest U.S. estuary Six-state, 64,000 square mile watershed 10,000 miles of shoreline (longer then entire U.S. west coast) Over 3,600 species of plants, fish and other animals Average depth: 21 feet $750 million contribution annually to local economies Home to 17 million people (and counting) 77,000 principally family farms Declared national treasure by President Obama Source: 8 Chesapeake Bay Watershed- By the Numbers

Nutrient Loads by State Nitrogen*Phosphorus *EPA estimates a nitrogen load of 284 million lbs nitrogen in EPA assumes a reduction of 7 million lbs due to the Clean Air Act. This leaves 77 millions lbs to be addressed through the TMDL process. 9

Chesapeake Bay Health- Past and Future 10

The Chesapeake Bay TMDL EPA sets pollution diet to meet states Bay clean water standards Load caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC States set load caps for point and non-point sources 11

Nutrient Sources of WV Sources of Nitrogen from West Virginia Sources of Phosphorus from West Virginia N and P values from 2008 Scenario of Phase 5.2 Watershed Model 12

Local Water Quality Issues T Stream off South Branch of PotomacMill Creek, Bunker Hill Heights 13

Current model estimates are that the states Bay water quality standards can be met at basinwide loading levels of: million pounds nitrogen per year - 15 million pounds phosphorus per year What are the Target Pollutant Cap Loads for the Bay Watershed? 14 (Sediment target cap load under development-will be available by spring 2010)

Current State Target Loads State Tributary Strategy Target Load DC DE MD NY PA VA WV Total State Tributary Strategy Target Load DC DE MD NY0.56 PA VA WV Total NitrogenPhosphorus All loads are in millions of pounds per year. 15

Needed Reductions Caps = 5.71 MM#/yr N; 0.62 MM#/yr P N needed = = 1.56 MM#/yr P needed = = 0.04 MM#/yr But, – Existing point source loads not = 2010 NA – Must deal w/ increased future loads (new point sources as well as landuse conversion by development) – Delivery factors change ______ Slide from DEPs work-in-progress trying to understand how many reductions we can expect from point sources.

The Chesapeake Bay Performance and Accountability System 17

Mandatory Pollution Diet at Work Monitor Progress to assess actions, load reduction progress and water quality response Employ Federal Actions or Consequences Develop Watershed Implementation Plans Plans include: Sub-allocation of loadings to sources Evaluation of Program Capacity necessary to achieve target loads Identification of Gaps between needed and existing capacity Schedule to fill gaps and reduce loads based on description of planned enhancements Total maximum nutrient and sediment loads Wasteload and load allocations by state/DC, drainage area of tidal segments, and sector Informed by Watershed Implementation Plans Establish Bay TMDL: Controls and program enhancements to maintain schedule. Contingencies by state/DC Milestones Set 2-Year Federal actions to accelerate controls Federal consequences for inadequate state progress 18

Source Categories 27 Sources, 24 land uses 6 Categories – Agriculture (16) – Urban Runoff (6) – Wastewater (1) – Forest (2) – Septic (1) – Atm. Dep. (1)

Watershed Implementation Plan Expectations Identify reductions by major river basin, tidal segment watershed, county and pollutant source sector Identify gaps and strategy for building needed local capacity for pollution reduction actions Commit to develop 2-year milestones at the county scale Develop contingencies 20

Federal Consequences Will be outlined in an EPA letter this fall. May include: – Assigning more stringent pollution reductions to regulated point sources (e.g., wastewater, stormwater, CAFOs) – Objecting to state-issued NPDES permits – Limiting or prohibiting new or expanded discharges (e.g., wastewater, stormwater) of nutrients and sediment – Withholding, conditioning or reallocating federal grant funds 21

Bay TMDL- Presidential Executive Order Connections Federal commitments to nutrient/sediment reduction actions Work in concert to assure pollution cuts Promote accountability, performance Common components – Requirement for state/DC plans to reduce pollutants to meet Clean Water Standards – Two-year Milestones to keep pace to 2025 – Federal consequences if progress lags 22

Your Role in 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 – August 2010 Final TMDL Established Public Review And Comment August- October 2010 December 2010 Local Program Capacity/Gap Evaluation Bay TMDL Public Meetings November- December 2009 Phase 2 Watershed Implementation Plans: Jan – Nov

Bay TMDL: Bottom-line Actions will clean and protect local waters in WV thereby supporting the local economy Restore a thriving Chesapeake Bay Federal, state, local officials and agencies will be fully accountable to the public Consequences for inaction, lack of progress 24 WV has opportunity to craft a plan that agrees with local plans/priorities

Progress on WVs Plan WV DEP staff have been working on the point source numbers, as mentioned previously WVs Implementation Committee has been meeting to decide how to further sub-divide our allocations – By source sector – By county/other geographic area – In phases, e.g. by 2017 and by 2025

How to further sub-divide our allocations… By source sector, By county/other geographic area, In phases, e.g. by 2017 and by 2025 Will be considering: Which land uses contribute the most N per acre Which geographic areas have greater effect on Bay Some local water quality goals, e.g. S. Branch algae Local efforts underway

WVs 1 st set of 2-year milestones Nutrient trading/offset program (underway) June 2009: SB715 now a law, Ches. Bay Restoration Initiative funding must be in place for trading program soon 7 specific agricultural BMPs at certain levels 4 stormwater BMPs at certain levels 3 septic system BMPs at certain levels – These were based on current implementation rates plus a little more ambitious

What you can do Check WVCAs Bay website for updates/opportunities Help spread the word about various practices and opportunities: – Less fertilizer on lawns – More tree canopy left in developments, more infiltration of rainwater – Agricultural cost-share money is increasing; take advantage – Many others – more ideas on website

Further Information Chesapeake Bay TMDL web site WVs Chesapeake Bay web site Alana Hartman, WV DEP (304)