Update on Update on Chesapeake Bay Chesapeake Bay IssuesIssues

Presentation to theChesapeake Bay and Water

Resources Policy Committee July 17, 2009

Ted Graham & Steve Bieber COG Department of Environmental

Programs

Presentation to theChesapeake Bay and Water

Resources Policy Committee July 17, 2009

Ted Graham & Steve Bieber COG Department of Environmental

Programs

July 17, 2009July 17, 2009 22

Topics for TodayTopics for Today

Latest Bay restoration developmentsLatest Bay restoration developments– Executive OrderExecutive Order– TMDL and Implementation PlansTMDL and Implementation Plans

Update on Chuck Fox’s presentation Update on Chuck Fox’s presentation at the COG Board Retreatat the COG Board Retreat

Recommendations for Board actionRecommendations for Board action

July 17, 2009July 17, 2009 33

Executive Order Executive Order ComponentsComponents

Sec. 201 – Shared Federal Leadership, Sec. 201 – Shared Federal Leadership, Planning and Accountability Planning and Accountability

Sec. 202 - Seven Draft Reports in 120 Sec. 202 - Seven Draft Reports in 120 days; Seven Final Reports in 180 Daysdays; Seven Final Reports in 180 Days

Section 203 – Draft Strategy in 180 Section 203 – Draft Strategy in 180 Days; Final Strategy in One YearDays; Final Strategy in One Year

Sec. 204. Collaboration with State Sec. 204. Collaboration with State PartnersPartners

July 17, 2009July 17, 2009 44

FLC Drafts Strategy

2009 2010

Page 5

May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Chesapeake Bay Restoration Executive Order Timeline

Agencies Draft Reports

0 120 180 365

Agencies Finalize

Section 202 Reports

FLC Review

Section 203 Strategy

= FLC Releases Reports

• consult with states

• suggest revisions

Public Comment

Public Comment FLC Finalizes

Today

Section 203 Strategy Implementation

Agency Implementation

• consult with states extensively

• consult with states extensively

Beginning 2010 FLC Releases:

Annual CB

Action Plan

Annual Progress

Report

= Agencies Release Draft s. 202 Reports

July 17, 2009July 17, 2009 55

TMDL and TMDL and Implementation Plan Implementation Plan Development ProcessDevelopment Process

Assign nutrient and sediment load targets Assign nutrient and sediment load targets to major basins (e.g., Potomac River) and to major basins (e.g., Potomac River) and jurisdictions.jurisdictions.

Jurisdictions subdivide targets to establish Jurisdictions subdivide targets to establish implementation plan allocations – most implementation plan allocations – most likely at the county scale.likely at the county scale.

Iterative process to develop draft Bay-wide Iterative process to develop draft Bay-wide TMDL.TMDL.

Final TMDL – December 2010Final TMDL – December 2010

July 17, 2009July 17, 2009 66

Purpose of State Purpose of State Implementation Plans Implementation Plans (SIPs)(SIPs) Demonstrate “reasonable Demonstrate “reasonable

assurance” that Bay TMDL load assurance” that Bay TMDL load allocations will be achieved.allocations will be achieved.

Provide greater detail about load Provide greater detail about load allocationsallocations

Support an “adaptive Support an “adaptive management” approachmanagement” approach

Implement Executive OrderImplement Executive Order

July 17, 2009July 17, 2009 77

What is “reasonable What is “reasonable assurance”?assurance”?

In general:In general:– Regulatory programs with well Regulatory programs with well

defined compliance and enforcement defined compliance and enforcement authorityauthority

– Incentive-based programs with Incentive-based programs with sufficient resources and commitments sufficient resources and commitments to ensure implementationto ensure implementation

Anticipate “contingencies” for both Anticipate “contingencies” for both regulatory and non-regulatory regulatory and non-regulatory programs.programs.

July 17, 2009July 17, 2009 88

Geographic Scale of Geographic Scale of SIPSIP Wastewater facilities Wastewater facilities

will have a load for will have a load for each locationeach location

Loads from other Loads from other sources, loads will sources, loads will be allocated by be allocated by countycounty

Non-tidal states Non-tidal states expected to have expected to have same detail as tidal same detail as tidal statesstates

July 17, 2009July 17, 2009 99

SIP ContentSIP Content

Necessary controlsNecessary controls– From all sourcesFrom all sources– By county and Bay Program segmentBy county and Bay Program segment

Program capacity documentationProgram capacity documentation ScheduleSchedule Mechanisms to ensure implementationMechanisms to ensure implementation System for tracking & reporting progressSystem for tracking & reporting progress Set asides or process to offset future growthSet asides or process to offset future growth Contingencies for inadequate implementationContingencies for inadequate implementation

July 17, 2009July 17, 2009 1010

Implementation Implementation StagesStages Stage 1:Stage 1:

– Detailed plan to achieve load targetsDetailed plan to achieve load targets– Could be equivalent level of effort to Could be equivalent level of effort to

Tributary StrategiesTributary Strategies Stage 2: Stage 2:

– Remaining reductions to fill gapRemaining reductions to fill gap– Less detail for new authorities or Less detail for new authorities or

technologiestechnologies

Provisions for GrowthProvisions for Growth

July 17, 2009July 17, 2009 1111

Major MilestonesMajor Milestones

Jul 2009 – PSC approve initial target loadsJul 2009 – PSC approve initial target loads Oct 2009 - PSC approve allocation methodsOct 2009 - PSC approve allocation methods Nov 2009 – States begin SIP preparationNov 2009 – States begin SIP preparation Jan 2010 – Draft SIPs dueJan 2010 – Draft SIPs due Apr 2010 – PSC approval of preliminary draft TMDLApr 2010 – PSC approval of preliminary draft TMDL May 2010 – EC announce Bay TMDL review periodMay 2010 – EC announce Bay TMDL review period Jun-Sep 2010 – Public review & meetingsJun-Sep 2010 – Public review & meetings Oct 2010 – Response to public commentsOct 2010 – Response to public comments Nov 2010 – PSC approval of draft final Bay TMDLNov 2010 – PSC approval of draft final Bay TMDL Dec 2020 – EPA publication of final Bay TMDLDec 2020 – EPA publication of final Bay TMDL

July 17, 2009July 17, 2009 1212

Fox at COG Retreat: Fox at COG Retreat: TopicsTopics History & status of Bay restoration effortHistory & status of Bay restoration effort

– Is it failing?Is it failing? Progress on Bay TMDL & SIPsProgress on Bay TMDL & SIPs

– Requirements for localitiesRequirements for localities– State & local implications if targets are missedState & local implications if targets are missed

Significance of the Bay Executive OrderSignificance of the Bay Executive Order– Changes?Changes?– New regulatory requirements?New regulatory requirements?

Costs vs. benefits of controlling urban stormwaterCosts vs. benefits of controlling urban stormwater Funding adequacyFunding adequacy

– Any additional federal obligations?Any additional federal obligations?

July 17, 2009July 17, 2009 1313

Fox at COG Retreat: Fox at COG Retreat: QuestionsQuestions Mechanisms for obtaining local government input?Mechanisms for obtaining local government input? Any new funding source to address urban Any new funding source to address urban

stormwater?stormwater?– Prospects for the Blue Ribbon Panel’s Financing Authority?Prospects for the Blue Ribbon Panel’s Financing Authority?

Regulatory stability for wastewater plants?Regulatory stability for wastewater plants?– Protect the very large commitments states & utilities have Protect the very large commitments states & utilities have

made.made.– Any prospect for requirements beyond ENR?Any prospect for requirements beyond ENR?

Equity: Will wastewater and stormwater reductions Equity: Will wastewater and stormwater reductions be matched by comparable agricultural be matched by comparable agricultural reductions?reductions?

July 17, 2009July 17, 2009 1414

Recommended ActionsRecommended Actions

Send letters to Bay ProgramSend letters to Bay Program– More transparency on modeling effortsMore transparency on modeling efforts– Opportunities for local government input Opportunities for local government input

during implementation plan developmentduring implementation plan development Develop recommendations for a regional Develop recommendations for a regional

planning process similar to CWA Section planning process similar to CWA Section 208 208

Provide guidance on TMDL outreachProvide guidance on TMDL outreach Provide input on questions for Chuck Fox Provide input on questions for Chuck Fox