Update on Chesapeake Bay Program Developments Briefing to the Water Resources Technical Committee January 8, 2009 Briefing to the Water Resources Technical Committee January 8, 2009

WRTC Meeting (1/9/09)2 Water Quality Steering Committee Bay TMDL Development Bay TMDL Development –Still on schedule overall (minor delays for some) Draft major basin/state load allocations – April 2009 Draft major basin/state load allocations – April 2009 Bay TMDL – Dec. 31, 2010 Bay TMDL – Dec. 31, 2010 –78 TMDLs (i.e., by river segments/Designated Uses) –Current Tributary Strategies not sufficient to achieve DO standard –UAA Process Next WQSC Discussion – Jan. 12th Next WQSC Discussion – Jan. 12th

WRTC Meeting (1/9/09)3 Key Issues/Activities Subdividing Allocations - Local Allocations Subdividing Allocations - Local Allocations –MS4 Stormwater Permits How to Allocate in light of anticipated population growth? How to Allocate in light of anticipated population growth? –2010 Population Projections Compare versus 2003 cap load allocations Compare versus 2003 cap load allocations –Drinking Water Treatment Plants Evaluate withdrawals/discharges & implications Evaluate withdrawals/discharges & implications –Define ‘Maximum Feasible’ Scenario Define MS4 assumptions Define MS4 assumptions V/MAMWA Letter re: WWTP Model Load Assumptions (i.e., ‘regulatory stability’) V/MAMWA Letter re: WWTP Model Load Assumptions (i.e., ‘regulatory stability’) Define for Other Sectors? Define for Other Sectors?

WRTC Meeting (1/9/09)4 Key Issues/Activities Use Attainability Analysis (UAA) Use Attainability Analysis (UAA) –“Game Plan” – Still to be defined –Schedule – To be integrated into TMDL schedule –Work Group – Uncertain re: membership & process (i.e., vs. previous effort) –Implications – Uncertainty now Will it just affect additional ~20% increase in additional load reductions required? Will it just affect additional ~20% increase in additional load reductions required? Ability to address broader ‘feasibility’ issues? Ability to address broader ‘feasibility’ issues? –Cost – Only 1 element of UAA

WRTC Meeting (1/9/09)5 Key Issues/Activities TMDL Communication/Outreach TMDL Communication/Outreach –EPA & State Plans Local Role - Audience Local Role - Audience COG Region Needs? COG Region Needs? –Relationship to Existing Tributary Strategies Update or TMDL Implementation Plans? Update or TMDL Implementation Plans? Revisit Maximum Feasible? Revisit Maximum Feasible? Ability to Address Funding Availability? Ability to Address Funding Availability?

WRTC Meeting (1/9/09)6 Policy Issues/Questions - #1 Pressure for More Regulatory Requirements Pressure for More Regulatory Requirements –WWTPs Limit of technology permit limits Limit of technology permit limits Loads capped Loads capped –Stormwater Additional MS4 permits requirements Additional MS4 permits requirements TMDL wasteload allocations reflected in permits TMDL wasteload allocations reflected in permits Local governments required to develop TMDL implementation plans Local governments required to develop TMDL implementation plans Calls for stringent land use and development requirements Calls for stringent land use and development requirements

WRTC Meeting (1/9/09)7 Policy Issues/Questions - #2 Funding for Implementation Funding for Implementation –Water and Wastewater Infrastructure Vital role in protecting public health Vital role in protecting public health WWTPs - Biggest success in Bay cleanup WWTPs - Biggest success in Bay cleanup Systems are aging and in need of attention Systems are aging and in need of attention –Stormwater Management Infrastructure Targeted as the biggest issue facing the Bay Targeted as the biggest issue facing the Bay Virtually no state or federal funding Virtually no state or federal funding Costs rival those of traditional water and wastewater infrastructure Costs rival those of traditional water and wastewater infrastructure How to prioritize given limited $ resources? How to prioritize given limited $ resources? How to prioritize given other infrastructure needs? How to prioritize given other infrastructure needs? How will Bay cleanup be ‘accelerated’ given competing priorities & limited $ resources? How will Bay cleanup be ‘accelerated’ given competing priorities & limited $ resources?

WRTC Meeting (1/9/09)8 Policy Issues/Questions - #3 Bay TMDL Waste Load Allocations - ‘Local’ Allocations Bay TMDL Waste Load Allocations - ‘Local’ Allocations –What will the scale be? –What will the scope of/elements be included in the WLA? (i.e., non-MS4, air, WWTPs, etc.) –Will there be source tracking (similar to bacteria TMDLs)? –How/will local governments have a say in how the TMDL allocations are developed? –How to maximize flexibility for local governments to manage their own growth/load allocations?

WRTC Meeting (1/9/09)9 Proposed Actions – WRTC Recommendations to CBPC 1. Track/Report/Shape CBP’s WQSC, etc. on behalf of COG members. 2. Plan WRTC Work Session (3/12/09 WRTC meeting/other) for EPA/States to present proposed approaches for “Local Allocations.” 3. WRTC Volunteers - Work with COG staff on recommendations for WRTC/CBPC (& possibly COG Board) on following: a.Revise 4 COG “Policy Principles” (e.g. given that CBP continues to become increasingly regulatory); b.Input to CBP re: local wasteload allocations (i.e., scope, elements, WWTP and MS4 stormwater issues); c.Input to CBP Partners re: 2-year milestones (e.g., EC to adopt in May 2009); d.Input to States re: local allocations & revised Tributary Strategies &/or TMDL Implementation Plans; e.Input to States re: implementation policies for urban mgmt. strategies (i.e., funding, cost-effectiveness, permitting, flexibility); and f.Input to CBP re: UAA process/assumptions.

WRTC Meeting (1/9/09)10 Next Steps WRTC to endorse recommendations CBPC receives a briefing on January 16 th Need WRTC volunteers to help frame issues and develop recommended COG actions. – –Wastewater – –Stormwater – –Local governments – –Utilities