Everglades Restoration Strategies August 24, 2016

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1 Everglades Restoration Strategies August 24, 2016 The views in this presentation are those of the author and do not represent the views of the US EPA.

2 South Florida Ecosystem at a Glance 2016 Greater Everglades Ecosystem extends from Chain of Lakes south of Orlando to the coral reefs surrounding historic Fort Jefferson 3 National Parks, 15 National Wildlife Refuges, 1 National Preserve, 1 National Marine Sanctuary 2 Native American Tribes: Seminole & Miccosukee Largest Wilderness Area East of the Mississippi River Only Living Coral Barrier Reef adjacent to U.S. mainland Largest commercial & sports fisheries in Florida About 10 million people (Miami, West Palm Beach) Extensive agriculture (sugarcane, row crops, >$1 B industry) About 70 endangered species 4

3 Environmental Challenges 50% of Everglades is drained and is now agriculture or urban development Altered hydrology: unimpeded sheetflow changed to highlymanaged system of canals, pumps, and structures to drain urban/ag land and store water in remnant Everglades Parts of remnant Everglades too wet, too dry, impacted by phosphorus, mercury, Challenge of managing water. Flood control, getting more clean water to Everglades National Park and Florida Bay.

4 Phosphorus Discharges From Agricultural Areas Impact WCAs Open Water Changes to Dense Cattail Causes Loss of Wading Bird Habitat and Other Adverse Changes Unimpacted open water slough Encroachment of cattails Dense stand of cattails, loss of dissolved oxygen in water, loss of feeding areas Great White Heron one of several wading bird species for which the Everglades provide habitat.

5 Litigation Two major lines of litigation Focus on Judge Gold cases which led to Restoration Strategies Agreement

6 Litigation History Moreno Case: US vs State of FL (Geographic Extent Eastern Flow Path) 1988 Lawsuit filed by DOJ against FL (State allowing discharges causing harm to ENP) 1992 US and FL Sign Consent Decree (FL to adopt TP criterion & ag BMP program) 1994 FL Adopts Everglades Forever Act (EFA) (Requires compliance with TP criterion by Dec 2003) Gold Case: Tribe/FOE vs EPA (Geographic Extent All of EAA) 2003 FL Amends EFA (Authorizes moderating provision to 2016 & beyond) 2005 FL Adopts TP criterion (10 ppb and moderating provision) 2008 DOJ enters into Dispute Resolution (State in violation of CD; TP exceeded in Refuge) 2003 Tribe/FOE sue EPA over EFA (EPA found amendments to not be WQS) 2005 Tribe/FOE sue EPA over criterion (EPA approved TP and moderating provisions) 2008 Gold Remands Decision to EPA (EFA is change to WQS and moderating provision in TP rule not consistent with CWA) 2009 Tribe files motion/epa issues Determination (Determination responds to Gold s 2008 order 2010 Gold order requiring Amended Determination (Court unhappy about FDEP permits w/mod prov.) 2011 EPA objects to FDEP permits for STAs 2012 FDEP Issues final NPDES permit & Consent Order (Permit addresses EPA objections; CO includes schedule and milestones) 2013 Dispute Resolution continues 2016 SFWMD on schedule with all milestones

7 Phosphorus Pollution & Everglades Restoration Strategies SFWMD Water Quality Projects to Meet NPDES Permit and Consent Order schedule and milestones (achieve the WQBEL at the discharge of all STAs)

8 Water flows from the Everglades Agricultural Area (EAA) through Stormwater Treatment Areas (blue) into Water Conservation Areas (WCAs - white) which flow into Everglades National Park Refuge = Arthur R. Marshall Loxahatchee Wildlife Refuge (also known as WCA1 - Federal Park/USDOI) Yellow dots are current discharge structures where water flows from one area to another Water Conservation Areas are Everglades areas that have been set aside for environmental protection and water storage The Refuge and WCA 2A, 2B,3A, 3B and the Park are known as the Everglades Protection Area (EPA) These areas flow to the coast or into Everglades National Park (Federal Park/USDOI)

9 Everglades Agricultural Areas/C- 139 Basin BMPs & Stormwater Treatment Areas 2015 BMPs removed 79% of TP. 25% required. Removed 3100 metric tins since 1990s (56%). Water from EAA and C- 139 basins goes into constructed stormwater treatment areas (STAs) after BMPs Currently 57,000 acres of STAs Cost > $1 B public since 1994 Removed 2600 metric tons 2015 STA TP Levels Inflows ppb Effluent ppb 2016 BMPs and STAs removed 93% of TP Everglades Marsh TP WQ Criterion is 10 ppb long- term geometric mean STA WQBEL is 13 ppb long- term flow- weighted average. Aerial View of Sugarcane Fields Constructed Stormwater Treatment Area BMP = Best Management Practices are on- farm agricultural measures that reduce release of pollutants from a parcel of land. 9 9

10 Stormwater Treatment Areas (STAs) STA: a constructed wetland designed and operated to remove phosphorus from stormwater before discharge into the Everglades. As water moves through vegetated treatment cells, the STA retains TP through natural processes. STAs are intensively managed to perpetuate the plant communities that maximize TP removal, and to assure that the STAs are not overloaded with too much TP or too much water. Treating these large volumes of water down to about 10 ppb TP is unprecedented. These are the largest constructed wetlands in the world.

11 SFWMD Restoration Strategies Projects to Meet Consent Order (and NPDES Permit)

12 Implementation Vehicles NPDES Permit (Issued under the Clean Water Act) Water Quality Based Effluent Limit (WQBEL) 1 is effective immediately upon issuance of the permit Incorporates projects and deadlines for achieving the WQBEL WQBEL and deadlines enforceable by EPA and FDEP Provides for mid-year and annual monitoring/reporting State Enforcement Order on Consent Issued by FDEP to SFWMD Contains projects and deadlines for achieving the WQBEL Provides for weekly reporting to EPA on STA performance Requires SFWMD to develop and implement a science plan in consultation with EPA and other federal technical representatives Memorandum of Agreement Between EPA and FDEP Principals will meet every 6 months Technical representatives meet at least quarterly. Resolve Issues elevated through the science process Next principals meeting should be in Fall The WQBEL is the total phosphorus concentration in the discharge from the STA s that will meet the water quality standards in the Everglades marsh. The discharge must not exceed: 13 ppb measured as an annual flow- weighted mean (AFWM) in more than 3 years out of 5 on a rolling annual basis; and 19 ppb measured as an AFWM in any year.