Chesapeake Bay TMDL and Watershed Implementation Plan. Robert M. Summers, Ph.D. Secretary Maryland Department of the Environment

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1 Chesapeake Bay TMDL and Watershed Implementation Plan Robert M. Summers, Ph.D. Secretary Maryland Department of the Environment

2 Total Maximum Daily Load Federal Clean Water Act requires States to: Set water quality standards Monitor water quality and determine whether standards are being achieved Designate waters as impaired if not meeting water quality standards Develop TMDL that sets limits required to meet standards All subject to EPA approval

3 Scope of the Bay TMDL Nutrient and sediment loads delivered to the Bay from all sources throughout the watershed Atmospheric deposition of nitrogen to the watershed and tidal waters Satisfies the requirements of both the 1999 Virginia and 2000 District of Columbia consent decrees Addresses Maryland s 303(d) lists of impairments caused by nutrients and sediments

4 TMDL determined for each of 92 Chesapeake Bay Watershed Segments

5 Watershed Implementation Plans Roadmap for how the States and the District will achieve and maintain the Bay TMDL Provide a schedule, including dates for enhancing programs and implementing key actions to achieve required targets no later than 2025 Two year milestones and progress reports to the public Greater transparency and accountability Improved performance

6 Watershed Implementation Plans Including: Adopt new regulatory authorities (septic system BAT, E&S, CAFO-MAFO) Improve compliance More stringent NPDES requirements (MS4, ENR) Offsetting new loads (WWTP Cap, proposed restrictions on new septic system developments)

7 Watershed Implementation Plans March 2012

8 Watershed Implementation Plans

9 Watershed Implementation Plans

10 Watershed Implementation Plans Interim and final nutrient and sediment target loads Current loading baseline and program capacity Account for growth Gap analysis Commitment and strategy to fill gaps

11 Watershed Implementation Plans

12 Watershed Implementation Plans Enforceable or otherwise binding commitments permits or contracts with quantifiable limits and milestones Estimates of necessary resources Documentation of historic participation and compliance rates Procedures and resources for assuring participation and compliance

13 Watershed Implementation Plans Tracking and Reporting Protocols Contingencies for slow or incomplete implementation Appendix with detailed targets and schedule

14 Tracking and Evaluating Progress Web accessible data base Jurisdictions monitor, track and report annually to EPA on progress EPA will use tracking data, models and water quality monitoring to assess progress toward milestone commitments EPA will take appropriate action if milestones are not achieved

15 Tracking and Evaluating Progress

16 Tracking and Evaluating Progress

17 Tracking and Evaluating Progress

18 Tracking and Evaluating Progress

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20 Federal Consequences Events that could Trigger Consequences include failure to do any of the following: Develop and submit Phase I, II and III WIPs; Develop two-year milestones; Achieve two-year milestones; Develop appropriate mechanisms to ensure that non-point source load allocations are achieved. Develop National Pollutant Discharge Elimination System (NPDES) permits consistent with the waste load allocations of the Bay TMDL

21 Federal Consequences Possible Consequences: Expand NPDES permit coverage to currently unregulated sources; Object to NPDES permits, increase program oversight; Require net improvement offsets; Establish finer scale allocations in the Bay TMDL; Require additional reductions from point sources; Increase and target federal enforcement and compliance assurance; Condition or redirect EPA grants; and Federal promulgation of local nutrient water quality standards.

22 Maryland s Experience Maryland s WIP meets all EPA expectations Most counties are working with the State to develop more detailed Phase II WIP Model WIP is being challenged due to high projected cost Additional funding is needed for implementation of ENR upgrades, stormwater retrofits, septic system upgrades Bay Stat tracking and management approach has been adopted by EPA with Chesapeake Stat used by Bay Cabinet Agencies and Governor s office to track progress and make refinements to WIP implementation

23 Maryland s Experience

24 Maryland s Experience