Nitrogen Management through Land Use. Holly Greening, Tampa Bay Estuary Program July 2010

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1 Nitrogen Management through Land Use Holly Greening, Tampa Bay Estuary Program July 2010

2 Importance of Water Quality Management Eutrophication (excess nutrients) common to many estuaries, streams and lakes in the US: low dissolved oxygen, loss of submerged aquatic vegetation, fish kills, algal mats Recent enhanced regulatory focus from state and federal: TMDLs, Numeric Nutrient Criteria; Tampa Bay Reasonable Assurance

3 Recent and pending regulatory changes affecting local governments and businesses Tampa Bay Reasonable Assurance Freshwater Total Maximum Daily Loads (TMDLs) Numeric Nutrient Criteria for freshwaters and saltwaters

4 Tampa Bay Seagrass Restoration Goal Seagrass Restoration Goal: Restore seagrass acreage to that observed in ~1950. Difference between 1950 and 1990 seagrass cover

5 Tampa Bay Nitrogen Management Strategy Paradigm: Nitrogen management is key TN Load Chlorophyll Light Attenuation Seagrass Growth & Reproduction Seagrass Light Requirement

6 Tampa Bay Nitrogen Management Consortium The Nitrogen Management Consortium (made up of watershed government and regulatory agency participants, local phosphate companies, agricultural interests and electric utilities), formed in 1996, accepts responsibility for collectively meeting nitrogen load management goals. Consortium members may choose to implement any combination of projects to reach their reduction goals.

7 250 projects implemented between Residential actions Improved fertilizer handling at ports Reduced industrial and municipal nitrogen loading to the bay Reduced atmospheric deposition from power plants Residential fertilizer restrictions

8 Assess water quality annually: Historical chlorophyll-a compliance AWT Standards take effect Stormwater regulations enacted Consortium actions initiated chl a targets: Hillsborough Bay: 15.0 ug/l Old Tampa Bay: 9.3 ug/l Middle Tampa Bay: 8.5 ug/l Lower Tampa Bay: 5.1 ug/l

9 Baywide Seagrass Coverage, Data source: SWFWMD Goal: Recover an additional 8,353 acres of seagrass over 2008 levels, while preserving the existing 29,647 acres baywide. Status: Since 1999, 4,800 acres increase- an average of more than 500 acres per year.

10 EPA Region 4 TMDL Approval State DEP submitted a TMDL, and in June 1998, EPA Region 4 approved the TN loads for as the TMDL for nitrogen for Tampa Bay. Recognized the Nitrogen Management Consortium Action Plan as the implementation plan EPA stated that allocations would be incorporated into regulatory permits in 2010; allowed the Consortium to collaboratively develop recommended allocations to all sources within the watershed

11 1. Tampa Bay TMDL/RA 40+ public and private partners throughout watershed Collaborative approach to meeting regulated water quality goals Consortium developed and agreed to limits on nitrogen loads for 189 sources in Sept. 2009; incorporation into permits ongoing

12 The Challenge Ahead Accepted allocation limits will result in wastewater plants & stormwater permits that are based on loading levels for New or expanded nitrogen sources associated with growth will have to show offsets to be permitted Offsets can include new N reduction actions or transfers between sources.

13 2. Freshwater TMDLs- Many lakes and streams in the region considered impaired for nutrients (FDEP) Group 1 Verified Impaired List Updated 2/29/08 DO/Nutrient Impaired ~32 Estuarine WBIDs ~21 FW Stream WBIDs ~16 FW Lakes WBIDs WBID: WaterBody segment

14 Status of freshwater TMDLs FDEP issued freshwater TMDLs for Tampa Bay watershed and area in late required up to 80% nutrient load reductions Challenged by many local governments as no cause and effect demonstrated Administrative Law Judge allows alternative plan to be prepared by local governments by Sept 30, 2010 FDEP will have to accept alternative to adopt

15 3. Numeric Nutrient Criteria (EPA) Separate and distinct from TMDLs Freshwater and saltwater Concentration of nutrients in waterways which fully support designated uses swimming, fishing, living resources, water supply

16 Status of Nutrient Criteria Freshwater criteria finalized Oct 2010 Estuarine criteria draft due Jan 2011; finalized Oct 2011 Local public and private entities collaborating to ensure that Estuarine Nutrient Criteria are consistent with Reasonable Assurance and Bay TMDLs

17 Implications for public and private sectors Existing regulations will require compensation for any additional nutrient loading (changes in land use; new business discharges; increased nutrient discharges from wastewater or stormwater) Pending regulations may require reductions from existing loadings

18 Conclusions Previous and ongoing actions have resulted in significant water quality and seagrass improvements Near term: compensation for new growth or discharges Longer term: permit limits may require more treatment: Municipalities and counties Private development Industries