CHESAPEAKE BAY TMDL PHASE III WIP NORTHERN VIRGINIA OPENING STAKEHOLDER MEETING AUGUST 17, 2018 NORMAND GOULET NVRC

TODAYS AGENDA TMDL BACKGROUND WIP DEVELOPMENT PROGRESS AND TIMELINE 2017 NUTRIENT PROGRESS UNREGULATED LANDS IN NORTHERN VIRGINIA BMP S FOR THE UNREGULATED DEVELOPED SECTOR UNREGULATED LOADS IN THE LOCAL PLANNING AREA NEXT STEPS OPEN COMMENTS AND QUESTIONS

BAY TIMELINE 3

WHAT IS THE BAY TMDL? THE CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) IS DESIGNED TO ENSURE THAT ALL POLLUTION CONTROL MEASURES NEEDED TO FULLY RESTORE THE BAY AND ITS TIDAL RIVERS ARE IN PLACE BY 2025. Focuses on reducing nitrogen, phosphorus and sediment. Required under the U.S. Clean Water Act Prompted by insufficient progress of restoration efforts and continued poor water quality in the Chesapeake Bay and its tidal tributaries.

WHAT IS A TMDL TMDL = WASTE LOAD ALLOCATION (WLA) + LOAD ALLOCATION (LA) + SAFETY (MOS) TMDL = NUMERIC REPRESENTATION OF POC LOAD WLA = REGULATED (PERMITTED) SOURCES (POTW S; MS4 S) LA = UNREGULATED SOURCES (AGRICULTURE, SEPTIC'S, NON-MS4 DEVELOPED)

TODAYS AGENDA TMDL BACKGROUND WIP DEVELOPMENT PROGRESS AND TIMELINE 2017 NUTRIENT PROGRESS UNREGULATED LANDS IN NORTHERN VIRGINIA BMP S FOR THE UNREGULATED DEVELOPED SECTOR NEXT STEPS OPEN COMMENTS AND QUESTIONS

WHAT IS A WIP? As part of the Bay TMDL, each of the six Chesapeake Bay states and D.C. are required to develop a Watershed Implementation Plan (WIP). The WIP details how and when the state will meet the nutrient reduction targets given by EPA. Phase I WIP submitted to EPA in November 2010 Phase II WIP submitted to EPA in March 2012 Phase III WIP - August 2019

EPA EXPECTATIONS FOR THE PHASE III WATERSHED IMPLEMENTATION PLANS (JUNE 20, 2018) By 2025, Implement Best management practices to reach planning targets for nitrogen and phosphorus reductions Develop programmatic and numeric implementation commitments Engage local, regional and federal partners Incorporate co-benefits

EPA EXPECTATIONS FOR THE PHASE III WATERSHED IMPLEMENTATION PLANS (JUNE 20, 2018) Establish Local Area Planning Goals Track and Report Implementation Plan Through 2-year Milestones Appendix B: Strong EPA expectations for Pennsylvania s Phase III WIP

BAY MODEL IMPROVEMENTS Better Land Cover Data (1m resolution) Inclusion of Locality Provided Data Improved MS4 Boundary Data Hundreds more BMPs Including ag and forest lands conservation

STATEWIDE WIP III PROCESS OVERVIEW Regionalized response: SWCDs will coordinate response to address agriculture and most forest nutrient reductions PDCs will coordinate urban, septic and remaining forest nutrient reductions All data is aggregated at the SWCD Area or PDC level No local data or strategies SWCDs and PDCs submit information to DEQ DEQ then submits Draft Virginia s WIP to EPA in June

Phase 3 WIP Local Planning Area for Northern Virginia Northern Virginia Regional Commission PDC 8

REGIONAL PROCESS OVERVIEW 1. Minimum of 3 urban stakeholder meetings (NVRC) Agriculture stakeholder process to occur concurrently (SWCDs) 2. Minimum of 1 ag-urban joint stakeholder meeting (NVRC) 3. Submit regional information to DEQ (NVRC) by December 15 th. Technical assistance to individual localities upon request

PDC PLANNING TASKS 1. Revise region s urban BMP input deck provided by DEQ 2. Review and update (as necessary) combined ag and urban BMP input deck 3. Develop regional implementation strategies 4. Outline resources needed for implementation Submitted funding, authority, education and technical assistance needs 5. List local co-benefits achieved through BMP and strategies Such as improving local water quality, advancing economic development opportunities, enhancing outdoor recreation, climate resiliency, flood control

WHY THE PDC S? Existing local government structure and model confidence The state will submit BMP data and strategies with or without an individual locality s input Without local input, future policies, regulations and funding decisions guided by the WIP may not reflect local conditions and interests Participation local implementation requirements Implementing water quality BMPs can have additional local benefits

HOW IS THE WATERSHED DOING? Sector N 60% goal achieved P 60% goal achieved OVERALL Developed Agriculture Wastewater 21

HOW IS VIRGINIA DOING? Sector N 60% goal achieved P 60% goal achieved OVERALL Developed Agriculture Wastewater 22

N load (lbs) P load (lbs) DEVELOPED LOADS HOW IS NORTHERN VIRGINIA DOING? Load Allocation Waste Load Allocation Load Allocation Waste Load Allocation 820,000 120,000 800,000 780,000 100,000 760,000 80,000 740,000 720,000 60,000 700,000 680,000 40,000 660,000 20,000 640,000 620,000 2009 2010 2011 2012 2013 2014 2015 2016 2017 VA 2025 WIP 2 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 VA 2025 WIP 2 * WLA may not include: - ALL BMPs in Action Plans - ALL BMPs submitted in Annual Reports - Unverified BMPs since 2014 23

UNREGULATED DEVELOPED (NON-FED) Unregulated Developed Regulated Developed Regulated Construction % of Total Land Use 23% 18% 1% CSO* <1% Agriculture 15% Natural 43%

DEFINITION OF UNREGULATED DEVELOPED ACRES 2015 TMDL Action Plan Guidance Definition = those acres that are not owned or operated by the MS4 permittee and are located outside the permittee s regulated land Bay Program definition: Land Use/Land Cover = Impervious Roads + Impervious non-roads + Tree Canopy over Impervious + Tree Canopy over Turf Grass + Turf Grass Does not include: MS4 or New Construction Loads include state lands and VPDES permittees 26

NORTHERN VIRGINIA UNREGULATED VS REGULATED ACRES (NON-FED) -9,000 8,700 22,000-23,000-15,000 900 10,000-4,000

PDC8 DEVELOPED LOCAL AREA PLANNING GOALS (LAPGS)? Nitrogen LAPG (Unregulated) Loads 2017 WIP 2 Reduction Developed 791,469 769,651 21,818 Natural 667,466 680,280 (12,814) Septic 202,959 241,777 (38,818) Grand Total 1,661,894 1,691,708 (29,814) Nitrogen Regulated Loads 2017 WIP 2 Reduction MS4/Construction 754,815 743,076 11,739 Wastewater 1,717,008 3,083,467 (1,366,459) Grand Total 2,4741,823 3,826,543 (1,354,720) 28

PDC8 DEVELOPED LOCAL AREA PLANNING GOALS (LAPGS) Phosphorus LAPG (Unregulated) Loads 2017 WIP 2 Reduction Developed 111,128 112,505 (1,377) Natural 133,304 144,502 (11,198) Septic - - - Grand Total 244,432 257,007 (12,575) Phosphorus Regulated Loads 2017 WIP 2 Reduction MS4/Construction 87,461 89,122 (1,661) Wastewater 58,162 164,653 (106,491) Grand Total 145,623 164,653 (108,152) 29

BMPS FOR THE UNREGULATED DEVELOPED SECTOR 2017 2025 VA WIP 2 1. Wet Ponds & Wetlands (23%) 2. Dry Extended Ponds (22%) 3. Stormwater Performance Std (21%) 4. Dry Detention Ponds (17%) Bioretention/raingardens - A/B soils Bioretention/raingardens - C/D soils Bioswale Dry Detention Ponds and Hydrodynamic Structures Dry Extended Detention Ponds Erosion and Sediment Control Level 1 Filtering Practicess Forest Planting Impervious Surface Reduction Infiltration Nutrient Management Plan Permeable Pavement Stormwater Performance Standard-Runoff Reduction Stormwater Performance Standard-Stormwater Treatment Vegetated Open Channels - A/B Vegetated Open Channels - C/D soils Wet Ponds and Wetlands 1. Nutrient Management Plan (44%) 2. Dry Ponds (19%) 3. Wet Ponds & Wetlands (13%) 31 4. Filtering Practices (7%)

UPDATES TO OLD BMPS, NEW URBAN BMPS & INTERIM BMPS Old Shoreline Management BMP Revision to Protocol 1, includes reductions for TN, TP, and TSS outlined in revised Expert Panel Report FAQ developed for Urban Stream Restoration BMP Street Sweeping Revised reporting methodology and credits 32

UPDATES TO OLD BMPS, NEW URBAN BMPS & INTERIM BMPS NEW Roadside Ditch Management Additional crediting options becoming available, see technical memo Performance Enhancing Devices for BMPs sand filters, bio-retention, soil amendments outlined in final report Outfall restoration Crediting being proposed, VDOT working with MD DOT, could be added to Stream Restoration Expert Panel Report Algal Flow-ways and Aquaculture 33

UPDATES TO OLD BMPS, NEW URBAN BMPS & INTERIM BMPS INTERIM USED FOR PLANNING PURPOSES, IN MODEL AFTER 2019 Conservation Landscaping Managed turf with two crediting options available in Report and Technical Appendix Onsite Wastewater Treatment Systems Technical Appendix describing drip irrigation dispersal practices Boat Pump-Out Practices Proposed practices in Technical Appendix were not moved forward, needs more discussion 34

Identify the Gaps What is not being reported? PHASE III WIP PLANNING 2 3 1 Propose Strategies Create regional scenario based on stakeholder input, Prioritize and identify funding and policy needs. Assess Current Status Define locations and estimate loads for unregulated developed and septic sectors. 36

Programmatic IDEAS Revisit Baseline Load for retrofits by MS4 in unregulated lands Expand VCAP beyond SWCD s, provide more funding for VCAP Provide funding opportunities for retrofitting, reporting and verifying BMPs in unregulated developed Technical Get an accurate account of BMPs in place for regulated and unregulated developed and septic Resolve reporting issues 37 Separate state lands from locality lands and provide a state LAPG

PHASE III WIP PLANNING NEXT STEPS AUG. 17 STAKEHOLDER MEETING #1 SEPT. STAKEHOLDER MEETING #2 SEPT. 15 INTERIM REPORT DUE (ACTIVITY 1) OCT. STAKEHOLDER MEETING #3 SEPT. - DEC. REVISE BMP INPUT DECKS (ACTIVITY 2), IDENTIFY PROGRAMMATIC ACTIONS FOR PHASE III WIP IMPLEMENTATION (ACTIVITY 3) DEC. 15 - FINAL PROJECT REPORT DUE TO DEQ 38

CONTACT INFORMATION Normand Goulet Director, Division of Planning and environmental services Northern virginia regional commission ngoulet@novaregion.org https://www.novaregion.org/1398/virginia-chesapeake-bay-phase-iii-wip