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Moving to Phase II: Watershed Implementation Plans. MACO Cambridge, MD January 7, 2011. Implications. The Chesapeake Bay TMDL was primarily a technical exercise, admittedly on a much larger scale than ever before completed.

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implications
Implications
  • The Chesapeake Bay TMDL was primarily a technical exercise, admittedly on a much larger scale than ever before completed.
  • The implications are in the implementation of the TMDL, and specific plans needed to achieve the wasteload and load allocations.
glossary
Glossary
  • Allocations: Maximum allowable load; WLA and LA.
  • Basins: Five major basis in Maryland: Potomac, Susquehanna, Patuxent, Western Shore, and Eastern Shore.
glossary1
Glossary
  • Contingencies: “Plan B” If a strategy does not achieve the projected load reduction a contingency must be in place to make up the deficit.
  • Two Year Milestones: part of the accountability framework. Goals will be assessed and contingencies imposed at two year intervals.
  • Sectors: Point sources, agriculture, stormwater, septics, forest.
  • Strategies: Best management practices, programs or approaches that reduce nutrient loads.
  • WIP: Watershed Implementation Plan.
what is the wip
What is the WIP?
  • Watershed Implementation Plan.
  • Provides “reasonable assurance” for the TMDL, including reductions from non-regulated sectors.
  • Creates the foundation for an implementation schedule and milestones.
  • Provides the basis for accountability.
  • Establishes the strategies and practices that will be used to reach the interim goal of 70% of the total reductions by 2017.
basic background
Basic Background
  • Court Settlement: Ches. Bay TMDLs by December 2010
  • Agreement by Executive Council in 2000 to clean up Bay or do a TMDL by 2010.
  • EPA Led a Regional/Watershed-wide TMDL Development Process
  • Region is entire Bay drainage up to and including NY, WV, DE, in addition to PA, VA, DC and MD.
basic background1
Basic Background
  • Watershed Implementation Plans:
    • Allowed States to Allocate Loads to WLA and LA
    • Support “Reasonable Assurance” of Implementation
    • Part of new federal “Accountability Framework” to Ensure Results
  • Clean up now required under federal Clean Water Act
more background
More Background
  • Federal “Accountability Framework”
    • Bay TMDLs
    • Watershed Implementation Plans (WIPs)
    • 2-Year Implementation Milestones (due by end of 2011).
    • Tracking & Evaluating Progress
    • Federal “Consequences” or “Backstops.”
  • EPA made it clear from the TMDL backstops for inadequate WIPs that they were serious this time.
phase i wip accomplishments
Phase I WIP Accomplishments
  • Set equitable allocations by sector and basin.
  • Provided legal basis for stricter permits to accelerate progress.
  • Provided a “default” implementation plan that can be used “as is” or modified during Phase II.
  • Started the discussion.
offsetting growth
Offsetting Growth
  • All growth adds to the nutrient load, but not equally, e.g., ENR plant vs. septics
  • Areas will be classified as high, medium or low per capita impact
  • Impose highest offset requirements (more than the added load) where loads per capita are high and least where loads are low
  • There will be competition for scarce offsets
  • Once offsets are used up, growth will be curtailed
goals of phase ii
Goals of Phase II
  • Assign responsibility for load reductions
    • Federal facilities and municipalities
    • Stormwater, e.g., State Highways
  • Increased emphasis on cost and cost effectiveness.
    • Develop more cost effective and lower cost strategies.
    • Develop funding approaches.
    • Trading/offsets
goals of phase ii1
Goals of Phase II
  • Refinement of Phase I.
    • Finalize local allocations and refine strategies
    • Provide greater geographic resolution for allocations
  • Respond to model changes
    • Changes in land use will have significant implications
    • Changes in how model addresses manure management also key issue.
key outcomes of phase ii
Key Outcomes of Phase II

Will determine at local level:

  • Who’s responsible for how much implementation
  • Implementation costs to each source sector
  • How much growth/economic development can fit, where, and at what costs
who gets allocations
Who gets allocations?
  • Any entity that generates significant loads and has authority or is required to control them. Examples:
    • Local governments: wastewater, stormwater, septics.
    • Soil Conservation Districts: agriculture.
    • State Highways: stormwater
    • Federal Facilities: stormwater, wastewater
    • Other major facilities, e.g., airports, parks, etc.
what will change in phase ii
What will change in Phase II?
  • Strategies will be adjusted:
    • Model will be modified with respect to land use and manure management
    • Local governments can redistribute allocations among sectors
  • Increased geographic specificity
  • Increased sector specificity
process and approach
Process and Approach
  • Work at the county scale. Includes:
    • Municipalities
    • SCDs
    • SHA
    • Federal Facilities
    • Other Major Facilities (e.g., airports)
  • Start with revised allocations based on Model revision, using same equity rules as in TMDL.
  • Revise via negotiation to achieve greater cost effectiveness and feasibility.
time frame
Time Frame
  • Current schedule calls for submission by June 2011 – an extension has been requested.
  • Regardless of extension, two year (2012-2013) milestones must be ready by December, 2011.
  • Final model (5.3.2) and allocations may not be available until April – we cannot wait for final numbers to begin working!
critical first steps
Critical First Steps
  • Meetings in January and February for elected officials.
  • Regional training workshop in January for staff.
  • Identify county, municipal, SCD contacts.
  • Identify liaison to each county.
  • Identify lead staff in each local Department and organize a coordination structure.
  • Draft a preliminary workplan and begin work with interim allocations until final allocations are available.
  • State to provide technical assistance.
critical next steps
Critical Next Steps
  • Workplan for 2011-2013 milestones.
  • “Infrastructure” priorities:
    • Funding
    • Staffing: Admin and Technical
    • Tracking and Reporting
  • Sector priorities: SW, Septics, Ag, WWTPs
  • Geographic priorities
  • Begin development of offset policy working with State agencies.
pilot experiences
Pilot Experiences
  • It can be done!
  • Substantial effort for everyone.
  • Communication is paramount.
  • State or local can lead, but the Phase II Plan must meet State and EPA requirements.
  • Build on WRE, existing TMDLs, Water and Sewer Plans, comp plans.
  • Control your destiny.
slide23

Phase III

  • 2017-2020
  • May be preceded by revised TMDL.
  • Expectation is that there will be new and innovative practices that can be applied at that time.
  • Full implementation of what is needed to achieve water quality standards, by 2020.
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