MS4 Program Evolution and Chesapeake Bay Overview

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1 MS4 Program Evolution and Chesapeake Bay Overview HWEA Stormwater Conference May 26, 2017 Seth Brown, PE Founder/Principal Storm and Stream Solutions, LLC

2 Overview Change in Sector MS4 Evolution Chesapeake Bay Progress Overview

3 Change in Sector

4 Change in Sector Drivers for Change Areas of Change Results of Change

5 Drivers For Change Sector Maturity Regulations Understanding Context Infrastructure

6 A1 Drivers For Change Regulations Focus on retention Monitoring advances Need to address retrofits Focus on maintenance Numeric standards TMDLs

7 Slide 6 A1 Perhaps also numeric standards Author, 8/29/2016

8 Drivers For Change Understanding Retention Now I get it! Maintenance needs What is REALLY needed? Long-term performance (How) does it work long-term?

9 Drivers For Change Understanding Co-Benefits What else does it do? Program-level How are MS4 programs performing?

10 Drivers For Change Context NO Piecemeal, Segmented, Separated, Downstream YES Watershed, Regional, Integrated, Decentralized, System, Upstream

11 Drivers For Change Infrastructure Asset management Dedicated, adequate, and sustainable funding More data Non-apologetic needs

12 Areas of Change Technology Climate Change

13 Area of Change Technology Real-time controls/monitoring Optimization of performance, maintenance Better/cheaper monitoring equipment/approaches Drones, etc.

14 Area of Change Technology Green chemistry True source control Self-driving cars Changes in nature of transportation corridors and clear-zone infrastructure Changes in parking behavior

15 Area of Change Climate Change Resilience-focused investments Enhancing grey as well as GI Misaligned SWM design for changing climate Value of coastal GI for SWM and resilience

16 Results of Change Need for Funding/Financing Dynamic Policy Landscape MS4 Network Development Need for Co-Benefit Projects

17 Results of Change Need for Funding/Financing Increasing funding/financing gap Market-based and alternative financing approaches will increase Rise in SRF and WIFIA will catalyze investment in GI Private investment will be better understood and utilized

18 Results of Change Dynamic Legal/Policy Landscape Less rulemaking Piecemeal approach More lawsuits Flow-based approaches TMDL-implementation Numeric standards MEP? WOTUS WQT

19 Results of Change MS4 Network Development Strengthening of ties National, regional Sharing of resources/information Reduce redundancy Better awareness of performance

20 Results of Change Co-Benefit Projects Ties to water supply Social enhancements Economic revitalization Ties to energy savings

21 Conclusion Sector maturation is occurring Drivers pushing this maturation Technology/numerics will play a bigger part as will Climate Change Stormwater programs evolving along with drivers Demonstration of performance, benefits and overall return on investment

22 MS4 Evolution

23 Clean Water Act 1972 Amendments to Federal Water Pollution Control Act (Clean Water Act) To restore and maintain the chemical, physical, and biological integrity of the nation s waters 1987 CWA Amendments created the MS4 program Promulgated in 1990 as Phase I program, updated/expanded in 2000 to Phase II program Attempted establishment of national standard from deferred Still a very young sector, relative to others

24 Trends in Permits Retention in performance standards Increase in metrics/monitoring More TMDL allocations in MS4 permits Retrofit requirements in MS4 permits

25 Trends in Programs Flexibility (credit-based programs) Market-based approaches / private sector involvement Public-private partnerships, performance contracts Understanding of effectiveness

26 MS4 Program Effectiveness CASQA Document Planning for and Assessing the Effectiveness of Stormwater Programs A how to guide to plan and assess MS4 programs Guide, webcast, templates CASQA,

27 MS4 Program Effectiveness Proposes 6 Outcome Levels Sources and Impacts the generation, transport and fate of pollutants 1. Receiving Water Conditions 2. Urban Runoff and MS4 Contributions 3. Source Contributions Target Audiences Strategies 4. Target Audience Actions 5. Barriers and Bridges to Action Program Implementation Strategy 6. Stormwater Program Activities CASQA, 2015

28 MS4 Program Effectiveness Proposes 6 Program Elements 1. Construction 2. New Development/Redevelopment 3. Residential 4. Industrial/Commercial 5. Municipal 6. Overall Program

29 MS4 Program Effectiveness Strategic Planning for MS4 Programs Stage 1 Establish organizational framework Stage 2 Prioritize problems, identify goals and activities to drive change Characterize Problems Target Outcomes Document Knowledge and Data Gaps Stage 3 Provide a roadmap to guide implementation and evaluation Source and Impact Strategies Target Audience Strategies Project Implementation Strategies Assessment Tools and Strategies EPA, 2012

30 MS4 Program Effectiveness Assessment Tools and Strategies Data collection and assessment design Application of data collection Adaptive management Interpretation of Results Improve upon areas not meeting goals Expand upon effective areas Discontinue some ineffective areas Shift priorities for more effectiveness

31 MS4 Program Effectiveness Program Effectiveness Assessment Implementation Plan (PEAIP) Templates developed for MS4s to use Phase II traditional/non-traditional Recommended for Phase I s as well Intended to provide statewide consistency in measuring effectiveness

32 Long-Term Planning EPA focus on long-term planning for stormwater infrastructure Opportunistic thinking Don t lead with stormwater, but attempt to integrate into larger infrastructure investments Gains cost efficiencies

33 Chesapeake Bay Progress Overview

34 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Chesapeake Bay Progress Wastewater Pollution Reduction Leads the Way (But Stormwater is Key in the Future)

35 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way The Chesapeake Bay Watershed Largest estuary in the United States, covering 64,000 square miles Maryland, Virginia, New York, Pennsylvania, West Virginia, Delaware, District of Columbia The Bay has a 14:1 land to water ratio (EPA, 2017) The largest ratio for any major coastal waterbody in the world The Bay provides natural and economic benefits to the 18 million people that live in its watershed These benefits are estimated to be over $100 Billion annually (CBF, 2014)

36 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way

37 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way 54 % Decrease between 1985 and 2015

38 74 % Decrease between 1985 and 2015 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way

39 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Restoration Underway: James River Vallisneria americana, or wild celery, a common submerged aquatic vegetation (SAV) species present in the Chesapeake Bay Watershed. Photo Cassie Gurbisz, UMCES.

40 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Restoration Underway: Gunston Cove Adapted from An Ecological Study of Gunston Cove (2013) by R. Christian Jones and Kim de Mutsert of George Mason University provided to Department of Public Works and Environmental Services County of Fairfax, VA

41 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Wastewater Treatment Plant (WWTP) Improvements at Top 10 Plants Total Nitrogen Total Phosphorus 1985 Load (lbs/yr) 34,679,368 2,725, Load (lbs/yr) 18,032, ,180 Percent Reduction 48% 75% Total Aggregate 239,779,762 47,917,439 load reduction Number of Years of 1985 loads that have been avoided 6.9 years worth of loads 17.6 years worth of loads

42 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Wastewater Meeting TMDL Goals: Nitrogen Major Source Target 2025 Target Agriculture 141,821, ,281,370 88,679,567 71,933,916 Urban Runoff 34,235,486 40,896,602 33,157,792 28,798,880 Wastewater + CSO 89,182,691 37,984,678 43,586,116 37,857,247 Septic 5,156,653 8,670,578 7,137,627 6,283,979 Forest + Non 47,188,700 45,659,018 46,696,898 47,058,048 Tidal Water Atm Deposition All Sources 317,585, ,492, ,533,614* 192,391,426* *Note includes 275,614 for Reserve in 2017 and 459,356 for Reserve in 2025

43 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Wastewater Meeting TMDL Goals: Phosphorus Major Source Target 2025 Target Agriculture 11,028,469 8,517,074 8,675,346 7,428,223 Urban Runoff 2,881,114 2,683,661 2,457,827 2,089,802 Wastewater + CSO 9,977,881 2,481,666 3,358,641 2,949,535 Forest + Non 1,733,185 1,666,084 1,713,028 1,721,249 Tidal Water Atm Deposition All Sources 25,620,650 15,358,486 16,365,872* 14,457,190* *Note includes 161,029 for Reserve in 2017 and 268,382 for Reserve in 2025

44 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Wastewater: Smaller Slice of the Pie

45 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Bay Efforts Drives Innovative Technology Through funding for research and development, CBP pioneered the BNR and ENR processes, which would reduce nutrient pollution Biological Nutrient Removal (BNR) Wastewater treatment technology that uses microorganisms to remove nitrogen and phosphorous from effluent. Enhanced Nutrient Removal (ENR) Wastewater treatment technology that improves upon the nutrient reductions achieved through biological nutrient removal (BNR)

46 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way

47 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way

48 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Looking Forward Wastewater sector is on track to meet TMDL, effectively meeting goals 10 years ahead of schedule Primary focus must be on maintaining caps in the face of population and economic growth

49 Chesapeake Bay Progress: Wastewater Pollution Reduction Leads the Way Looking Forward Focus for water quality likely to shift to urban runoff and agricultural sources Water quality trading is likely to play a role in the future, but impact may be limited Market based approaches, such as the Community Based Public Private Partnership (CBP3) program (Prince George s County, MD) may help to reduce costs for urban runoff management

50 Conclusion

51 In Summary Stormwater sector is young and evolving Permits/programs are evolving as well Interest in MS4 sprogram effectiveness will increase Needs will grow in stormwater/green infrastructure Chesapeake Bay reflects nation-wide trend Wastewater treatment is effective but stormwater/ag runoff treatment lags

52 MS4 Program Evolution and Chesapeake Bay Overview Seth Brown, PE Founder/Principal Storm and Stream Solutions, LLC Linkedin.com/in/sethbrownpe