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Protecting Local Waters and the Chesapeake Bay

James Edward Acting Director July 16, 2010. Protecting Local Waters and the Chesapeake Bay. Citizen’s Advisory Committee Chesapeake Bay Program Updates. Overview. State of the Bay Program Report Executive Council Meeting Outcomes Chesapeake Bay Foundation Settlement TMDL Update

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Protecting Local Waters and the Chesapeake Bay

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  1. James Edward Acting Director July 16, 2010 Protecting Local Waters and the Chesapeake Bay Citizen’s Advisory Committee Chesapeake Bay Program Updates

  2. Overview • State of the Bay Program Report • Executive Council Meeting Outcomes • Chesapeake Bay Foundation Settlement • TMDL Update • Executive Order Strategy: Federal Support for Local Actions

  3. State of Bay Program • Bay Barometer • Bay TMDL: “pollution diet” • Executive Order Strategy • Highlights from Bay Partners • Advisory Committee Reports • CAC, LGAC, STAC • New Tools • ChesapeakeStat, Bay Backpack • Bay Program Progress • Goal Implementation Teams • Independent Evaluator • Chesapeake Registry • Monitoring Strategies • Budget, Funding and Grants • CBF Lawsuit Settlement • Pending Legislation http://www.chesapeakebay.net/ec2010.aspx

  4. Highlights2009-2010 Bay TMDL – Expectations and consequence established / Draft target loads allocated / backstop measures announced / Pilots and contract support for WIP development / 16 public meetings and webinars / TMDL website launched Executive Order Strategy–Final strategy (May 12, 2010) / Focusing on protecting and restoring the environment in communities throughout watershed / Major initiatives & accountability for progress / Partnering with communities / Deepening the federal commitment / Short-term actions / Highlights stakeholder actions CBP Funding Increase- $50 million EPA-CBP appropriation / 75 percent of funds to States as Chesapeake Bay Regulatory and Accountability Program Grants (CBRAP) / Doubles funding available to states through existing grants ChesapeakeStat- Innovative web tool to improve coordination of restoration activities / Increase government accountability through transparency with comprehensive information about CBP projects, funding and progress toward goals Bay Barometer– Bay is meeting only 45 percent of health goals with water quality at only 24 percent of goals / Underscores importance of CBP partners conducting bold restoration actions and holding all stakeholders accountable Historic Opportunities E.O. 13508 May 12, 2009 “A new era of action and accountability” a year of action Bay TMDL “a fundamental shift in restoration” “…on-the-ground and in-the-water” WIPs December 2010

  5. Looking Forward Bay TMDL – EPA establishes TMDL by December 31, 2010 / States and DC submit draft and final Phase I WIPs in September and November 2010 / States and DC submit draft Phase II WIPs by June 1, 2011; final WIPs by November 1, 2011 / Phase II Plans reflect any updates and finer scale of planned actions Executive Order Strategy– Annual action plan, October 2010 / Annual progress report and enhanced Bay Barometer in 2012 / Develop federal two-year milestones in 2011 ChesapeakeStat- Will continue to evolve and adapt / Use as a forum for coordinating local actions by sharing and posting geo-referenced information, data and best management practices / Help coordinate activities, identify gaps, target restoration Independent Evaluator – Pilot study and final report to be completed in spring 2011 / Will inform next round of 2012-2013 two-year milestones CBP Funding – FY2011 Presidents Budget reflects continued commitment to Bay restoration with request for $63M / continued funding levels for CBRAP and CBIG grants / USDA Farm Bill funding for the Bay at $72M in 2011

  6. State of the Bay Program Report • Executive Council Meeting Outcomes • Chesapeake Bay Foundation Settlement • TMDL Update • Executive Order Strategy: Federal Support for Local Actions

  7. Executive Council Meeting • Three outcomes agreed to • by EC Members: • ChesapeakeStat - Form a Bay Program Action Team to define a process for maximizing its use in the Bay Partnership organization to support decision-making. • Executive Order Strategy - Form a Bay Program Action Team to work with the FLC to more clearly define the role of the Bay Program in implementing the Executive Order Strategy. The joint group will recommend steps for coordinating and, where appropriate, integrating the goals, outcomes and actions of the Chesapeake Bay Program with the goals, outcomes and actions described in the strategy. • Two-Year Milestone Progress Reporting - The 2011 Bay Barometer will be updated and revised to provide a vehicle for reporting on each partner’s progress on implementing their milestone actions and achieving the accelerated nutrient and sediment reductions committed to in May 2009.

  8. Alignment Action Team EO Strategy: “The FLC and EC convened a group to recommend steps for coordinating and, where appropriate, integrating the goals, outcomes and actions of the Chesapeake Bay Program with the goals, outcomes and actions described in this strategy.” Charge includes: • Identify issues and make specific recommendations for aligning Executive Order goals and outcomes with existing CBP commitments. • Recommend options to clarify the operational relationship between the FLC and the EC. • Propose solutions to the current CBP structure related to implementing, monitoring, and supporting an integrated approach and identify potential changes to the current CBP governance document. • Determine whether the current or a modified Chesapeake Registry could be used to organize information on actions for the annual action plan. • EC and FLC will make a joint decision on the recommendations by May 12, 2011.

  9. State of the Bay Program Report • Executive Council Meeting Outcomes • Chesapeake Bay Foundation Settlement • TMDL Update • Executive Order Strategy: Federal Support for Local Actions

  10. Chesapeake Bay Foundation Lawsuit • Fowler v. EPA, Case No. 1:09-CV-00005-CKK • Filed: January 2009 / Settlement: May 10, 2010 • CBF and partners (former MD, VA & D.C. elected officials, • watermen and sports fishermen) • Claim: EPA failed to take adequate measures to protect and restore the Chesapeake Bay • Agreement: tracks strong regulatory and other actions EPA has initiated or pledged to take under the Obama administration to restore water quality in the Chesapeake Bay and its tributaries: • Establishes Chesapeake Bay TMDL by Dec. 31, 2010 • Effective implementation framework for 2-year milestones and WIPs • Expanded review of Chesapeake Bay watershed permits • Initiate rulemaking for CAFOs, urban and suburban stormwater • Commitment to establish a publicly accessible tracking and • accounting system to monitor progress.

  11. Chesapeake Bay Foundation Lawsuit • Fowler v. EPA, Case No. 1:09-CV-00005-CKK • Additional Actions (by July 1, 2010) : • EPA and USDA to establish regular senior-level meetings to detail plans for implementing shared commitments in the settlement and the Strategy. • Action Taken: • Letter from James Edward, EPA to Lenard Jordan, June 23, 2010 • Expand use of conservation practices in high-priority watersheds • Collaborate to develop next generation of conservation planning • tools with federal, state, agricultural and research partners • Aligning EPA programs and resources with USDA efforts to achieve • water quality improvements by developing tools and technologies to • help farmers meet their conservation and farm objectives.

  12. Executive Council Meeting Outcomes • State of the Bay Program Report • Chesapeake Bay Foundation Settlement • TMDL Update • Executive Order Strategy: Federal Support for Local Actions

  13. Chesapeake Bay TMDL Updates • June 11, 2010 Letter from EPA Regional Administrator reaffirms federal-state commitment to establish Bay TMDL by December 2010. • Eliminates requirement for WIP submissions by early June • July 1, EPA allocates pollution limits for nitrogen and phosphorus allowing for potential load changes from model updates. • By August 15, EPA will assign allocations for sediment • September 1, State complete Phase I draft WIPs • 45-day public comment period on draft TMDL from Sept. 24 to Nov. 8. • Final Phase 1 implementation plans due November 29 • Bay TMDL established by December 31. • July 1, 2010 • EPA proposed watershed-wide limits of 187.4 million pounds of nitrogen and 12.5 million pounds of phosphorus annually, • Will assign draft allocations for sediment August 15. • Commits to reducing air deposition of nitrogen to tidal waters to 15.7 million pounds per year. • Allocations will be basis for completing WIPs

  14. Plan details into draft WLAs & LAs Role of WIPs in Bay TMDL Major basin jurisdiction loading targets EPA sends Expectations letter to PSC EPA sends Consequences letter to PSC Nov. - Dec. 2009 Develop Ph. I WIP Nov. 2009 – Nov. 2010 (draft WIPs Sept. 1, 2010) Final TMDL Established Ph II WIP with local targets and controls Public comment Sept 24- Nov 8 December 2010 2-year milestones, reporting, modeling, monitoring No later than November 2011 * 60% of practices in place by 2017 2012 – 2025

  15. State of the Bay Program Report • Executive Council Meeting Outcomes • Chesapeake Bay Foundation Settlement • TMDL Update • Executive Order Strategy: Federal Support for Local Actions

  16. Executive Order Strategy • Accomplishments to Date • Released draft strategy, November 9, 2009 • Released seven final reports, November 24, 2009 • Announced $11.2 million in new state grant funds, Dec. 29, 2010 • Outreach – Seven public forums throughout the watershed, webinar • Planning Retreat for FLC and State Secretaries held Feb. 1-5, 2010 • Goals and Outcomes Framework released for comment March 19, 2010 • Draft Guidance on Federal Land Management Guidance, March 22, 2010 • Final strategy, May 12, 2010

  17. Executive Order Strategy • Launching major initiatives & • being accountable for progress - Accountabilityfor progress will come through two-year milestones for action and measurable environmental goals. • Partnering with communities • Improving the environmentin communities throughout the entire watershed, benefiting economies and local jobs • Deepening the federal commitment • - Federal government is leading by example with anunprecedented level of resources and actions, targeting resources where they can have the most impact

  18. Executive Order Strategy

  19. Actions Around the Watershed

  20. Actions Around the Watershed

  21. Bay Partners At Work State-specific Actions Maryland: Coastal Bays Trust Fund / Blue Crab Regulations / Oyster Restoration Plan Virginia: Wastewater Upgrades / Nutrient Management Regulations / Nutrient Credit Exchange Program Pennsylvania: 50 new Conservation District positions / $600M PennVEST / Nutrient trading and new technologies District of Columbia: MS4 stormwater permit / Anacostia Restoration Plan / RiverSmart Homes Program Chesapeake Bay Commission: Chesapeake Biofuel Policies / Land conservation report / Blue Plains upgrade funding Delaware: Excess poultry litter relocation / CAFO regulations / Stormwater BMP database / Nanticoke Water Trail New York: CAFO NMP permit enhancements / Action plan for the Susquehanna and Chemung River Basins West Virginia: www.wvca.us/bay (restoration website) / Potomac Headwaters Water Quality Report / Agriculture financial and technical assistance program

  22. Bay Partners At Work • State Partnering and Assistance - Examples • Stream Restoration Grants – EPA will assess options to direct existing funds to support increased funding for stream restoration grants targeted to local governments, watershed and community orgnizations. • Chesapeake Bay/Annacostia Green Streets-Green Jobs Initiative – Grassroots effort targeting towns and communities in urbanized watersheds; will accelerate implementation of green infrastructure, green jobs • Includes Green Streets—Green Jobs Academy. • USDA Showcase Projects in small watersheds – designed to test and monitor benefits of focused, highly partnered, voluntary approach to conservation. • Enhanced Technical Capacity for Riparian Buffer Restoration – USFS landowner assistance for riparian forest buffer restoration thru site assessment and design.

  23. Bay Partners At Work • Accountability for State Actions • By December 2011 EPA and USDA will work with state and local partners to expand existing tracking and reporting systems for conservation practices, best mangement practices and treatment technologies to ensure reporting and tracking at local scales of implementation – counties, conservation districts and/or small watersheds. • By July 2012, mechanisms for tracking and reporting voluntary conservation practices and other BMPs installed on agricultural lands will be developed and implemented. • ** If unable to verify actions, states will incur debits from efficiency credits in the Bay Model.

  24. EO Strategy Goals and Outcomes

  25. EO Strategy Goals and Outcomes

  26. Priority Goal: Restore Clean Water • Reduce nitrogen, phosphorus, sediment and other • pollutants to meet Bay water quality goals for dissolved oxygen, clarity, chlorophyll-a and toxic contaminants. • WATER QUALITY OUTCOME: Meet water quality standards for dissolved oxygen, clarity/underwater grasses and chlorophyll-a in the Bay and tidal tributaries by implementing 100 percent of pollution reduction actions for nitrogen, phosphorus and sediment no later than 2025, with 60 percent of segments attaining standards by 2025. • STREAM RESTORATION OUTCOME: Improve the health of streams so that 70 percent of sampled streams throughout the Chesapeake watershed rate three, four, or five (corresponding to fair, good or excellent) as measured by the Index of Biotic Integrity, by 2025. • AGRICULTURAL CONSERVATION OUTCOME: Work with producers to apply new conservation practices on 4 million acres of agricultural working lands in high-priority watersheds by 2025 to improve water quality in the Chesapeake Bay and its tributaries.

  27. Priority Goal: Restore Clean Water • TMDL Accountability Framework • Key Actions: • Establish and implement the Chesapeake TMDL to ensure that all practices needed to reduce pollution to meet water quality standards are in place by 2025 (EPA) • Federal Facilities and Lands will reduce point and nonpoint source stormwater discharges to help meet state TMDL load reduction targets. • Create a system for tracking and reporting commitments and two year milestone commitments (EPA) • Reduce pollution from wastewater dischargers (EPA) • Explore opportunities to further support the use of trading among pollution sources to achieve water quality goals cost effectively. (EPA) • Increase grants for state regulatory programs to support TMDL. (EPA) • Account for air deposition of nitrogen in TMDL load allocations (EPA)

  28. Priority Goal: Restore Clean Water Compliance and Enforcement Strategy • The Chesapeake Bay Compliance and Enforcement Strategy is a multiyear, multi-state, multi-source strategy that addresses violations in the watershed. • Targets the greatest sources of pollution impairing the Bay and its tributaries. • Online map that shows the locations of federal air and water enforcement actions in the watershed. http://www.epa.gov/compliance/civil/initiatives/progress-chesapeakebay.html

  29. Priority Goal: Restore Clean Water • Stormwater • Key Actions: • Initiate new national stormwater rulemaking with Chesapeake Bay watershed provisions and implement improvements to the current stormwater program. • By July 31, 2010, EPA will publish an MS4 Stormwater Permitting Guidance for the Bay Watershed which will identify key regulatory and water quality performance expectations for the next generation of Phase I MS4 permits. • Federal agencies will adopt policies to ensure compliance with EISA Sec. 348 • Ensure that stormwater impacts are minimized in federal-aid highway and other transportation projects (DOT)

  30. Priority Goal: Restore Clean Water • Agriculture • Key Actions: • Implement current regulations for CAFOs and propose new regulations to more effectively achieve pollutant reductions necessary to meet the Chesapeake Bay TMDL • Establish showcase projects in small watersheds to test and monitor the benefits of a focused, highly partnered approach to conservation. (USDA) • Focus resources on priority watersheds and agricultural conservation practices (USDA, EPA) • Accelerate development of new conservation practices and evaluate effectiveness of next generation conservation tools (USDA, EPA) • USDA and EPA will work with state and local partners to expand existing tracking and reporting systems for conservation practices, best management practices and treatment technologies • Leverage conservation funding to simplify program participation

  31. Priority Goal: Restore Clean Water • Additional Actions • Implement a Chesapeake Bay Compliance and Enforcement Strategy that is a multiyear, multi-state, multi-source strategy that addresses violations • By June 30, 2013, develop a model program with recommendations for activities to reduce pollution from septic systems in the watershed • Coordinate with Clean Water SRFs to build cooperation and better targeting of resources • EPA, DOI and NOAA will expand understanding of toxic contaminant problem and develop contaminant reduction outcomes and strategies for reducing toxic contaminants by 2015 • Launch the Chesapeake Bay/Anacostia Green Streets-Green Jobs Initiative

  32. Priority Goal: RecoverHabitat • Restore a network of land and water habitats to support priority species and to afford other public • benefits, including water quality, recreational uses and scenic value across the watershed. • Key Actions: • Wetlands • Restore and enhance more that 180,000 acres of wetlands and protect • priority Chesapeake marshes. (DOI) • Increase incentives for wetland restoration. (DOI) • Strengthen federal coordination on permits. (DOI, NOAA, NPS) • Forest Buffer • Accelerate application of Conservation Reserve Enhancement Program • (CREP) to achieve state goals for riparian forest buffer adoption. (USDA) • Restore forest buffers in priority watersheds. (USDA) • Explore funding incentives for installing targeted riparian forest buffers. • Enhance technical capacity for riparian buffer restoration. (USDA) • Fish Passage • Remove stream barriers and provide fish passage. (FWS, NOAA) • Document return of fish to opened stream reaches. (FWS, NOAA)

  33. Priority Goal: Sustain Fish & Wildlife • Sustain healthy populations of fish and wildlife, which contribute to a resilient ecosystem and vibrant economy. • Key Actions: • Oysters • Launch a Bay-wide oyster strategy using scientific support for • decision making. (NOAA, USACE) • Restore priority tributaries and support enforcement. (NOAA, USACE) • Expand commercial aquaculture. (NOAA) • Blue Crabs • Support continued inter-jurisdictional blue crab management. (NOAA) • Revise blue crab population rebuilding target. (NOAA) • Brook Trout • Restore stream habitat through partnerships. (FWS) • Consider climate change in prioritizing sub-watersheds for • restoration. (USFS) • Black Duck • Restore black duck habitat. • Increase food sources on refuge lands. (Nat’l Wildlife Refuges)

  34. Priority Goal: Conserve Land & Increase Public Access • Conserve landscapes to maintain water quality, habitat, sustainable working forests, farms and maritime communities; and cultural, community and indigenous values. It will also expand public access to the Bay and its tributaries through existing and new federal, state, and local parks, refuges, reserves, trails and partner sites. • Land Conservation Actions: • Chesapeake Treasured Landscape Initiative. (DOI) • Expand and coordinate federal land conservation funding. (DOI) • Conserve landscapes through National Park Service partnership areas. (NPS) • Achieve conservation goals through National Wildlife Refuge partnerships. • Develop a Bay wide strategy to reduce the loss of farms and forests. (USDA) • Support creation & expansion of protected coastal and marine areas. (NOAA) • Provide community assistance for landscape conservation. Identify culturally significant and ecologically important landscapes. (NPS) • Establish watershed-wide GIS-based land conservation targeting system. • Develop integrated transportation, land use, housing and water infrastructure plans setting forth smart growth and environmental stewardship visions. (DOT, EPA, HUD)

  35. Priority Goal: Conserve Land & Increase Public Access • Conserve landscapes to maintain water quality, habitat, sustainable working forests, farms and maritime communities; and cultural, community and indigenous values. It will also expand public accessto the Bay and its tributaries through existing and new federal, state, and local parks, refuges, reserves, trails and partner sites. • Public Access Actions: • Develop a plan to expand public access. (NPS) • Prioritize funding for public access development. (NPS)

  36. Supporting Strategies • Key Objective: Expand Citizen Stewardship • Foster a dramatic increase in the number of citizen stewards of every age who support and carry out local conservation and restoration. • Actions: • Expand Chesapeake conservation corps workforces. (NPS) • Expand master watershed stewards program. (NPS) • Prioritize citizen stewardship in Small Watershed Grants Program. (EPA) • Expand outreach to private forest landowners. (USFS) • Initiate robust elementary and secondary environmental literacy initiative. (NOAA) • Key Objective: Develop Environmental Markets • Working collaboratively, USDA, EPA, bay states and other federal partners will develop environmental markets for the Chesapeake Bay, including the management infrastructure for measuring, reporting and verifying environmental performance for a suite of ecosystem services. • Actions: • Establish a market for trading pollutant reduction credits for nutrients and sediments in support of the water quality goals in the TMDL. (EPA) • USDA will lead, in coordination with EPA and other federal agencies an interdepartmental Environmental Market Team to coordinate efforts in establishing the environmental market infrastructure.

  37. Supporting Strategies • Key Goal: Respond to Climate Change • Minimize the vulnerability of the Chesapeake Bay watershed, including its habitats, public infrastructure and human communities, to adverse impacts from climate change. • Actions: • Identify and assess risk to vulnerable communities and key tidal and coastal habitats. (NOAA, USGS) • Improve monitoring of climate change impacts and adjust management actions as necessary. (NOAA, DOI, USGS) • Demonstrate and implement effective restoration planning. (NOAA, USGS, FWS) • Key Objective: Strengthen Science • Strengthen science to support ecosystem-based adaptive management, to more effectively prioritize, implement, monitor and evaluate the actions and policies needed, and to identify new threats to the health of the Chesapeake Bay and its watershed. • Actions: • Expand scientific coordination and capabilities of the CBP and improve communication products (EPA, USGS, NOAA) • Establish web-based tools (ChesapeakeStat and COAST) (EPA) • Improve modeling used for restoration activities (USGS, NOAA) • Increase monitoring by federal state, local and non-governmental partners and coordinate regional monitoring with national networks. (USGS, NOAA, EPA)

  38. Implementation and Accountability The federal government alone cannot achieve the goals and outcomes needed to restore and protect the Chesapeake Bay and its watershed without significant collaboration with state and local government, non-governmental organizations and citizens. • Aligning FLC and CBP Functions • Federal Milestones to Track Progress Toward Goals • Annual Action Plan • Annual Progress Report • Independent Evaluation • Adaptive Management

  39. ChesapeakeStat “People, Process, and Information” • A systematic process within the Partnership of analyzing information and data to continually assess progress towards goals and adapt strategies and tactics when needed. • A public website that promotes improved accountability, fosters coordination and promotes transparency by sharing performance information on goals, indicators, strategies and funding. • Existing information is used and displayed in ways that better support decision-making. http://stat.chesapeakebay.net/

  40. ChesapeakeStat • Next Steps • Action Team to evaluate decision support for Partnership • Build in additional content for the goal areas • Incorporate TMDL accountability and performance measures in ChesapeakeStat.

  41. Executive Order Strategy • Next Steps • Annual action plan, September 30, 2010 • Development of federal two-year milestones in 2011 • Annual progress report (205) and enhanced Bay Barometer in 2012

  42. QUESTIONS http://www.chesapeakebay.net http://executiveorder.chesapeakebay.net http://stat.chesapeakebay.net

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