West Virginia’s Involvement in the Chesapeake Bay Cleanup

Update and Timeline

Alana Hartman, WV DEPJanuary 13, 2010

WV’s Tributary Strategy Implementation Com’teWV Department of Environmental Protection WV Conservation Agency / Conservation Dist’sWV 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 2010.

=> WV’s Potomac Tributary Strategy (2005)

= WV’s Potomac Tributary Strategy (2005)

Covered various sources of pollution:Point Sources:wastewater treatment plantsindustrial sources

Nonpoint Sources:urban/suburban runoffagricultureforest harvestingseptic systems … etc.

Much progress has been made:Voluntary actions by agricultural producers, homeownersCounty plans & ordinances revisedPoint Sources’ permits revisedEducation and outreach regarding good practicesLocal watershed groups enlisted/empowered to helpClean Water Act Section 319 Project Teams in Sleepy Creek and elsewhere, and $$

THE CHESAPEAKE BAY TMDL: Restoring Waters THE CHESAPEAKE BAY TMDL: Restoring Waters of of

West Virginia and the Chesapeake BayWest Virginia and the Chesapeake Bay

Bay TMDL Public MeetingNovember 4, 2009Martinsburg, WV

Rich Batiuk and Bob KoroncaiRich Batiuk and Bob KoroncaiU.S. EPA Region IIIU.S. EPA Region III

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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: www.chesapeakebay.net

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Chesapeake Bay Watershed-By the Numbers

Nutrient Loads by StateDE2%

DC1%

WV4%

MD19%

NY5%VA

45%

PA24%

Nitrogen* Phosphorus

*EPA estimates a nitrogen load of 284 million lbs nitrogen in 2008. 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.

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NY6%

MD20%

DC1%

DE3%

WV3%

VA26%

PA41%

Chesapeake Bay Health-Past and Future

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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

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Nutrient Sources of WV

Wastewater21%

Forest19%

Agriculture53%

Developed7%

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

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Developed10%

Agriculture64%

Forest21%

Wastewater5%

Local Water Quality Issues

T

Stream off South Branch of Potomac Mill Creek, Bunker Hill Heights

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Current model estimates are that the states’ Bay water quality standards can be met at basinwide loading levels of:

- 200 million pounds nitrogen per year - 15 million pounds phosphorus per year

What are the Target Pollutant Cap Loads for the Bay Watershed?

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(Sediment target cap load under development-will be available by spring 2010)

Current State Target Loads

StateTributaryStrategy

Target Load

DC 2.12 2.37

DE 6.43 5.25

MD 42.14 41.04

NY 8.68 10.54

PA 73.17 73.64

VA 59.30 59.22

WV 5.69 5.71

Total 197.53 197.76

StateTributaryStrategy

TargetLoad

DC 0.10 0.13

DE 0.25 0.28

MD 2.56 3.04

NY 0.56 0.56

PA 3.10 3.16

VA 7.92 7.05

WV 0.45 0.62

Total 14.93 14.84

Nitrogen Phosphorus

All loads are in millions of pounds per year.

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Needed Reductions• Caps = 5.71 MM#/yr N; 0.62 MM#/yr P• N needed = 7.27 - 5.71 = 1.56 MM#/yr• P needed = 0.66 - 0.62 = 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 DEP’s work-in-progress trying to understand how many reductions we can expect from point sources.

The Chesapeake Bay Performance and Accountability System

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Mandatory Pollution Diet at Work

Monitor Progress

to assess actions,load reduction progress andwater 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 controlsFederal consequences for inadequate state progress

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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

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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

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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

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Your Role in Bay TMDL ProcessMajor basinjurisdictionloading targets

Oct 2009

2-yearmilestones, reporting, modeling, monitoring

Starting 2011

Divide Target Loads among Watersheds,Counties, Sources

Phase 1 Watershed Implementation

Plans: November 2009 – August

2010

Final TMDL Established

PublicReviewAndComment

August-October

2010

December 2010

Local Program Capacity/Gap

Evaluation

Bay TMDL Public Meetings

November-December

2009

Phase 2 Watershed

Implementation Plans: Jan – Nov

2011

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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

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WV has opportunity to craft a plan that agrees with local plans/priorities

Progress on WV’s Plan• WV DEP staff have been working on the point source numbers, as mentioned

previously• WV’s “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 acreWhich geographic areas have greater effect on BaySome local water quality goals, e.g. S. Branch algaeLocal efforts underway

WV’s 1st 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 WVCA’s 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

www.epa.gov/chesapeakebaytmdl

• WV’s Chesapeake Bay web sitewww.wvca.us/bay

Alana Hartman, WV DEP(304) 822-7266alana.c.hartman@wv.gov

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