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THE CHESAPEAKE BAY TMDL: Restoring Waters of Delaware and the Chesapeake Bay. Bay TMDL Public Meeting December 10, 2009 Laurel, DE Katherine Antos and Bob Koroncai U.S. EPA Region III. 1. Click the double arrow to show or hide your control panel. Type your questions here.

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The chesapeake bay tmdl restoring waters of delaware and the chesapeake bay

THE CHESAPEAKE BAY TMDL: Restoring Waters of Delaware and the Chesapeake Bay

Bay TMDL Public Meeting

December 10, 2009

Laurel, DE

Katherine Antos and Bob Koroncai

U.S. EPA Region III

1


  • Type your questions here.

    (Indicate organization)

    Note: Because of the large audience, not all questions will be answered, but they will be saved, and your questions will help drive future events and could contribute to a FAQ.

2


Technical issues
Technical Issues?

Contact:

Citrix Global Customer Support

1-800-263-6317

3


Agenda

AGENDA

Welcome, introductions, and meeting logistics – Kathy Bunting-Howarth, Director, Division of Water Resources, DCREC (5 minutes)

EPA presentation on the Chesapeake Bay TMDL and EPA expectations – Katherine Antos and Bob Koroncai, EPA (40 minutes)

Next Steps – Jennifer Volk, DNREC (15 minutes)

Public comments, questions and answers – Panel moderated by Kathy Bunting-Howarth (60 minutes)

Adjourn

4


Panel to address public comments

Panel to Address Public Comments

Moderator: Kathy Bunting-Howarth, DNREC

EPA: Katherine Antos and Bob Koroncai

Delaware Department of Agriculture: Ed Kee, Secretary

DNREC: Dave Small, Deputy Secretary

City of Seaford: Dolores Slatcher, City Manager

Nanticoke Watershed Alliance: Megan Ward

Sussex Conservation District: Debbie Absher

Natural Resources Conservation Service: Tim Garrahan

Sussex County Administrator: Dave Baker

5


6



Delaware local water quality
Delaware Local Water Quality

  • Surface waters of Delaware’s portion of the Chesapeake Drainage Basin are impaired because of:

    • Low levels of dissolved oxygen

    • High levels of nutrients

    • High levels of bacteria

    • Poor habitat/biology

  • Point and nonpoint sources of nutrients contribute to these impairments


Delaware local water quality1
Delaware Local Water Quality

Delaware DNREC has established TMDLs for DO, nutrients, and bacteria for all impaired waters of the Ches. Bay Drainage Basin.

Established TMDLs require significant reduction of nutrients and other pollutants from point and nonpoint sources

DNREC working with interested parties and citizens to develop Pollution Control Strategies to implement TMDL reductions


Delaware local water quality2
Delaware Local Water Quality

Pollution Control Strategies, when implemented, would result in attainment of State Water Quality Standards.

The proposed TMDL for the Chesapeake Bay could provide additional resources for attaining State Water Quality Standards.


Delaware local water quality total nitrogen
Delaware Local Water QualityTotal Nitrogen

Rt. 545 - 304191

State-Line - 304071


Delaware local water quality total phosphorus
Delaware Local Water QualityTotal Phosphorus

Seaford STP - 304461

Rt. 13 Bridge - 304471



Chesapeake Bay Water Quality Issues

14


Chesapeake bay watershed by the numbers
Chesapeake Bay Watershed-By the Numbers

  • Largest U.S. estuary

  • Six-states and DC, 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

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Source: www.chesapeakebay.net


Nutrient loads by state
Nutrient Loads by State

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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Nutrient sources of de
Nutrient Sources of DE

Sources of Nitrogen from Delaware

Sources of Phosphorus from Delaware

N and P values from 2008 Scenario of Phase 5.2 Watershed Model

17


Chesapeake Bay Health-

Past and Future

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Restored Bay

Summary: 2008 Bay Health Assessment

Priority Areas

Water Quality

21%

of

Goals Achieved

Habitats & Lower Food Web

45%

of

Goals Achieved

Not quantified in relation to a goal

Fish &Shellfish

48%

of

Goals Achieved

Not quantified in relation to a goal

Data and Methods: www.chesapeakebay.net/status_bayhealth.aspx

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Low to no dissolved oxygen in the bay every summer
Low to no dissolved oxygen in the Bay every summer

20


The chesapeake bay tmdl
The Chesapeake Bay TMDL

  • EPA sets pollution diet to meet states’ Bay clean water standards

  • 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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The bay science supports local pollution diets
The Bay science supports local pollution diets…

Phase 4 Bay Watershed Model

(2000-2008)

Phase 5 Bay Watershed Model

(2009- )

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…withdetailed representation of DE’s local watersheds

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Taking responsibility for load reductions
Taking Responsibility for Load Reductions

Identify basinwide target loads

EPA, States, DC

Identify major basin by

jurisdiction target loads

EPA, States, DC

Identify tidal segment watershed, county and source sector target loads

States, DC, local governments & local partners

24


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

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

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

25


Dividing the Watershed?

Basinwide Target Loading

26


Guidelines for distributing the basinwide target loads
Guidelines for Distributing the Basinwide Target Loads Watershed?

  • Water quality and living resource goals should be achieved.

  • Waters that contribute the most to the problem should achieve the most reductions (on a per pound basis).

  • All previous reductions in nutrient loads are credited toward achieving final cap loads.

27



Current state target loads
Current State Target Loads Watershed?

Nitrogen

Phosphorus

All loads are in millions of pounds per year.

29


Delaware s past present and future estimated loads
Delaware’s Past, Present and Future Estimated Loads Watershed?

Nitrogen

Phosphorus

All scenarios run through Phase 5.2 Watershed Model

30


Target load refinements
Target Load Refinements Watershed?

  • If States’ Bay Water Quality Standards can still be achieved…

    • The State may exchange nitrogen and phosphorus target loads within a basin; and/or

    • The State may exchange nitrogen and phosphorus loads from one basin to another within the State.

31



The Chesapeake Bay Watershed?

Performance and Accountability System

33


Mandatory pollution diet at work

Employ Federal Watershed?

Actions or Consequences

Monitor

Progress

Set 2-Year

Milestones

Mandatory Pollution Diet at Work

Develop Watershed Implementation Plans

Establish Bay TMDL:

34


Example: Projected Nitrogen Delivery from Watershed?

Major Basin in Each Jurisdiction by Source Sector

Propose new legislative authorities

Implement regulatory controls

Examples of Some Planned Controls

Propose increased budget to legislature

Increased program budget

Increased controls

Rulemaking

35

26

Load Reduction

Schedule

20

Interim

Targets

Final

Targets

Milestones for Assessing Progress

Stage 1 Implementation

Stage 2 Implementation

  • Also divide jurisdiction load by 303(d) segment drainage area and, by November 2011, local area

  • Attain jurisdiction-wide load reductions by the interim target, or justify why can still meet final target

  • Jurisdiction would determine desired 2-year schedule to meet interim and final target loads

  • EPA first evaluates milestones based on consistency with jurisdiction target load. EPA accepts shifts among source sectors, basins, segment drainages, and local areas if jurisdiction target load is met and local and Bay water quality goals are achieved


Federal consequences
Federal Consequences Watershed?

Directed at states not achieving expectations

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

36


Bay tmdl presidential executive order connections
Bay TMDL- Presidential Executive Order Connections Watershed?

  • Create Federal Leadership Committee

  • Create the Performance and Accountability Framework

  • Expand regulatory tools for CAFO’s and urban and suburban runoff

  • Improve nutrient and sediment controls on federal lands and roads

  • Target farm conservation measures at high priority areas

37


Your Watershed? Role in Bay TMDL Process

Major basin

jurisdiction

loading

targets

Local Program Capacity/Gap Evaluation

Final

TMDL

Established

December 2010

Oct 2009

Bay TMDL Public Meetings

Phase 2 Watershed Implementation Plans: Jan – Nov 2011

Divide Target Loads among Watersheds,

Counties,

Sources

November-December 2009

Phase 1 Watershed Implementation Plans: November 2009 – August 2010

2-year

milestones, reporting, modeling, monitoring

Starting 2011

Public

Review

And

Comment

August-October 2010

38


Bay tmdl bottom line
Bay TMDL: Bottom-line Watershed?

  • Actions will clean and protect local waters in DE 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

39


Further information
Further Information Watershed?

  • Chesapeake Bay TMDL web site

    www.epa.gov/chesapeakebaytmdl

  • U.S. EPA Region 3 Contacts

    • Water Protection Division

      • Bob Koroncai

        • 215-814-5730; [email protected]

      • Jennifer Sincock ([email protected])

    • Chesapeake Bay Program Office

      • Rich Batiuk

        • 410-267-5731; [email protected]

      • Katherine Antos ([email protected])

40


Questions comments
Questions & Comments Watershed?

41


Thank you for your participation that concludes today s meeting

Thank you for your participation. Watershed?

That concludes today’s meeting.

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