THE CHESAPEAKE BAY TMDL: THE CHESAPEAKE BAY TMDL: Restoring Waters of Restoring Waters of

Pennsylvania and the Pennsylvania and the Chesapeake BayChesapeake Bay

CBP Citizens’ Advisory CommitteeCBP Citizens’ Advisory CommitteeJuly 15, 2010July 15, 2010

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PA Chesapeake Basin PA Chesapeake Basin

Over 50 % of the land in PA Over 50 % of the land in PA drains to the Chesapeake drains to the Chesapeake BayBay

The Susquehanna River is the The Susquehanna River is the largest tributary of the largest tributary of the Chesapeake Bay, providing Chesapeake Bay, providing 90% of the freshwater flow to 90% of the freshwater flow to the upper bay and ½ the the upper bay and ½ the total flow into the Baytotal flow into the Bay

PA’s Potomac provides an PA’s Potomac provides an additional 2% of the Bay’s additional 2% of the Bay’s freshwater flowfreshwater flow Maryland Delaware

New York

District of Columbia

Virginia

West Virginia

Pennsylvania

Chesapeake Bay Watershed Boundary

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PA’s Chesapeake Basin

• PA encompasses 35.2% of the Bay watershed -- that’s 14,358,159 acres

• Four PA watersheds – Susquehanna River

(13,298,520 acres, 32.6%)– Potomac River (1,012,222

acres, 2.5%)– Eastern Shore (40,262 acres,

0.1%)– Western Shore (7,155 acres,

0.02%)

• Impaired PA waters due to major sources:– Agriculture 3,558 m.– Mine drainage 1,952 m.– Urban runoff/stormwater

518 m.

Nutrient Loads by StateDE2%

DC1%

WV4%

MD19%

NY5%VA

45%PA24%

Nitrogen* Phosphorus

*EPA estimates a nitrogen load of 284 million lbs nitrogen in 2008. EPA assumes a reduction of 7 million lbs due to the Clean Air Act. This leaves 77 millions lbs to be addressed through the TMDL process.

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NY6%

MD20%

DC1%

DE3%

WV3%

VA26%

PA41%

Nutrient Sources of Pennsylvania

Wastewater25%

Forest13%

Agriculture50%

Developed12%

Sources of Nitrogen from PA

Sources of Phosphorus from PA

N and P values from 2008 Scenario of Phase 5.2 Watershed Model

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Agriculture52%

Developed20%

Forest17%

Wastewater11%

PA’s Past, Present and Future Estimated Loads

0

1

2

3

4

5

6

7

1985 2002 2008 Target

mill

ion

lbs

P/ye

ar

Agriculture Developed Forest WWTP Target

Nitrogen Phosphorus

All scenarios run through Phase 5.2 Watershed Model

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020406080

100120140160180

1985 2002 2008 Target

mill

ion

lbs

N/y

ear

Agriculture Developed Forest WWTP Target

The Chesapeake Bay TMDL• EPA sets pollution diet to

meet states’ Bay clean water standards

• Caps on nitrogen, phosphorus and sediment loads for all 6 Bay watershed states and DC

• States set load caps for point and non-point sources

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Current model estimates are that the states’ Bay water quality standards can be met at basinwide loading levels of:

- 187.4 million pounds nitrogen per year - 12.5 million pounds phosphorus per

year

What are the Draft Allocations for the Bay Watershed?

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(Sediment target cap load under development-will be available by August 15, 2010)

Nutrient Impacts on Bay WQ

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State Draft Allocations

StateTributaryStrategy

Target Load

DC 2.12 2.32

DE 6.43 2.95

MD 42.14 39.09

NY 8.68 8.23

PA 73.17 76.77

VA 59.30 53.40

WV 5.69 4.68

Total 197.53 187.44

StateTributaryStrategy

TargetLoad

DC 0.10 0.12

DE 0.25 0.26

MD 2.56 2.72

NY 0.56 0.52

PA 3.10 2.74

VA 7.92 5.41

WV 0.45 0.75

Total 14.93 12.52

Nitrogen Phosphorus

All loads are in millions of pounds per year.

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PA Reduction Target

Phase 5.3 Watershed Model    

State   TN TP

PA 2009 Implementation 108.24 3.96

PA Draft Allocation 76.77 2.74

PARemaining

Reductions 31.47 1.22

TN and TP in million pounds    

PA loads in the Bay TMDL

• For PA (and upland states), only aggregate loads will be in the TMDL for NPS and PS*

• Those aggregate loads will be split into the Potomac Drainage and the Susquehanna drainage

* Only if the state WIP provides more detail on loadings from individual sources or source sectors

Scale of Bay WIP Target Loads

• Bay TMDL: WLAs and LAs for 92 303(d) segments

• Bay WIPs: Subdivide by source sector, NPDES, segment drainage, and, by Nov. 2011, local area

• Progress first assessed at jurisdiction scale

Watershed Implementation Plans (WIPs)

• Stage 1: 60% reductions achieved by 2017

• Stage 2: All controls in place no later than 2025

Bay TMDL Watershed Implementation Plans Will Include 8 Elements:

1. Interim and Final Target Loads

2. Current Program Capacity

3. Mechanisms to Account for Growth

4. Gap Analysis

5. Commitment to Fill Gaps: Policies, Rules, Dates for Key Actions

6. Tracking and Reporting Protocols

7. Contingencies for Failed, Delayed or Incomplete Implementation

8. Appendix with:a. Loads divided by 303(d) segment drainage and source sectorb. 2-year milestone loads by jurisdiction – EPA will use to assess milestonesc. No later than November 2011: Update to include loads divided by local area

and controls to meet 2017 interim target loadSource: EPA November 2009 Ltr to States available at www.epa.gov/chesapeakebaytmdl

EPA Bay TMDL ProcessMajor basinjurisdictionloading targets

Oct 2009

2-yearmilestones, reporting, modeling, monitoring

Starting 2011

Divide Target Loads among Watersheds,Counties, Sources

Phase 1 Watershed Implementation

Plans: Due Sept. 1, 2010

Final TMDL Established

PublicReviewAndComment

Sept. 24 – Nov. 8 2010

December 2010

Local Program Capacity/Gap

Evaluation

Bay TMDL Public Meetings

November-December

2009

Phase 2 Watershed

Implementation Plans: Jan – Nov

2011

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PA Chesapeake Watershed Implementation Plan

• PA Chesapeake Watershed Implementation Plan (WIP) Management Team

• Point & Nonpoint Source Compliance• Advanced Technologies & Nutrient

Trading• Milestone Implementation & Tracking

PA Chesapeake Watershed Implementation Plan (WIP)

Management Team

• WIP Management Team. Chair: Deputy Secretary John Hines– Meetings: March 31, May 13, June 29

• Wastewater Workgroup. Chair: Pete Slack, PMAA; Co-Chairs: Andy Zemba, Ron Furlan, DEP– Meetings: April 30, July 13

• Urban/Suburban/Rural Workgroup. Chair: Mary Gattis-Schell, Lancaster County Planning Commission; Co-Chair: Ann Roda, DEP– Meetings: May 5, May 27, June 21, July 15– Two sub-workgroups formed to develop a compliance strategy

and an urban nutrient management component

• Agriculture Workgroup. Chair, Mike Pechart, PDA; Co-Chair: Frank Schneider, DEP.– Meetings: May 10, June 3, June 21, July 15

PA Point Source PA Point Source Compliance PlanCompliance Plan

Does Not Change!Does Not Change!• December 2006 Point Source Plan

– Significant Facilities: Cap Load Allocation based on Design Flow at 6 mg/l TN and 0.8 mg/l TP

• 3-phase 10 year strategy• Cap load met in first 5 year phase. 63 plants – 85%• Phase 2 (50 plants – 10%) & Phase 3 (70 plants – 5%) to

maintain the cap load into the future as systems approach design capacity

– Non-significant: Cap Load Allocation based on Design Flow at 8 mg/l TN and 1 mg/l TP

• 0.2 mgd to 0.4 mgd first

• Plans meet the 5.4 million pound TN and 0.25 million pound TP reduction goal.

PA Point Source PA Point Source Compliance Plan - STATUSCompliance Plan - STATUS

• All of the 63 Phase 1 permits are already issued.  – 43 will be in compliance by 2011– 13 will be in compliance by 2012– 7 will be in compliance by 2015. 

• The regional offices will be issuing NPDES permits for Phase 2 facilities by the end of this year or early next year.

• In March 2010, 92.8a letters will be sent to Phase 3 facilities. • Significant Industrial Facility Plan completed.

– 30 significant industrial dischargers: Discharge more than 75 lbs/day of TN and/or 25 lbs/day of TP.

– Regional offices will send out 92.8a letters after the 1st of the year. – All industrial dischargers with a potential to discharge nutrients

(significant and non-significant) will be required to monitor for nutrients.

New Development

• New Point Source– Zero Net Load – Options:

• Land Application of Effluent With Crop Uptake

• Recycle and Reuse of Effluent• Load Offsets• Purchasing Credits (Trading)

• Connection to Existing Point Source– No New Requirements– Point Source Decision Whether It Can

Meet Its Cap Loads

Nonpoint Source Compliance• Chesapeake Bay Agriculture Water Quality Initiative

– 1) Continue existing Regulatory programs (CAFO inspections and CAO inspections.

– 2) Evaluate and Modify Regulatory and Administrative tools (102 revisions, MMM revisions, Federal CAFO program consistency), and

– 3) Targeted Watershed Approach to increase agricultural compliance • identify small ag impaired watersheds to conduct farm assessments to

determine status of BMP implementation and compliance with regulatory requirements

• DEP is involved with an EPA project in Watson Run Lancaster county that is similar to the targeted approach under this initiative. Farms have been assessed and negotiations (between EPA, DEP, and LCCD) are on-going regarding next steps toward compliance.

Nonpoint Source Compliance

• Stormwater:

– Revising Chapter 102 to incorporate Post Construction Stormwater Management requirements.

– Revising PAG-13 which addresses stormwater in MS4 communities by incorporating additional requirements for meeting local TMDLs related to stormwater impairments of local streams.

Advanced Technologies & Nutrient Trading

Credits and Contracts:• 91 proposals have been submitted • 86 have been approved

– over 3 million nitrogen (N) credits, 280,000 phosphorous (P) credits

• 8 contracts completed:– 3 for new development– 2 for existing WWTP facilities

Certified Credit Generating Activities: Agricultural BMPS No-till, cover crops, riparian buffer, stream

bank fencing, rotational grazing, field lane stabilization, manure storages, mortality composters, poultry manure export

Manure Technology - Bion Environmental Technologies- Dairy Manure Processing- Cove Area regional Digester (CARD)- Dairy Manure Processing- EnergyWorks- Poultry Manure Processing

Point Source - Milton Regional Sewer Authority- City of Lancaster Advanced Wastewater Treatment Plant- Northwestern Lancaster County Authority- Bellefonte Wastewater Treatment Plant

Advanced Technologies & Nutrient Trading Innovative Technologies

• Cove Area Regional Digester Project – CARD– Enhanced Digester to process dairy manure in Blair/Bedford

– 14 enhanced digesters placed in the top two counties (Lancaster & Franklin) for dairy manure could possibly reduce TN load by about one-third, or 9 million pounds.

– 42 digesters in forty counties in PA’s Chesapeake watershed could reduce TN by about 27 million pounds.

– These technologies are not inexpensive to develop -- they can require as much as $35 to $40 million in start-up revenue/loans. Nutrient credits, renewable energy credits and selling electricity to the grid are potential funding sources.

• Bion Environmental Technologies: process dairy manure in Lancaster

• EnergyWorks: process poultry manure in Adams

Bank and Exchange: • The Bank and Exchange will:

– Purchase nutrient credits as needed to establish a portfolio of available nutrient reduction credits; and

– Sell nutrient reduction credits for a set price and time period.

• PENNVEST awarded a contract to Chicago Climate Exchange (CCX) in Jan 2009 to establish the framework for the Bank and Exchange. – The design and function of the Bank and Exchange

were discussed at the October PENNVEST Board Meeting.

• 1st Auction is anticipated to be held in the Fall of 2010.

Milestone Implementation & Tracking

• BMP Tracking Issues:BMP Tracking Issues:

– Collect BMP implementation data from state and Collect BMP implementation data from state and federal agenciesfederal agencies

– Most reported BMPs are associated with a grant Most reported BMPs are associated with a grant programprogram

– Chances are, if its not funded with a grant, its not Chances are, if its not funded with a grant, its not trackedtracked• Exceptions: PA Nutrient Management Plans, Exceptions: PA Nutrient Management Plans,

NRCS Conservation Tillage SurveyNRCS Conservation Tillage Survey

Milestone Implementation & Tracking

• BMP Tracking Solutions:BMP Tracking Solutions:– DEP Nonpoint Source BMP Database under developmentDEP Nonpoint Source BMP Database under development

• County Conservation District BMP Tracking Pilot ProjectsCounty Conservation District BMP Tracking Pilot Projects– Lancaster CountyLancaster County

• Survey 5% of farms for Core Four BMPsSurvey 5% of farms for Core Four BMPs• Aerial Survey of BuffersAerial Survey of Buffers

– Bradford CountyBradford County• Agricultural BMPs: Agricultural BMPs:

– Farm visits – on the jobFarm visits – on the job– Targeted Farm visitsTargeted Farm visits– Meeting SurveysMeeting Surveys– Phone SurveysPhone Surveys

• Aerial SurveysAerial Surveys• Streambank Stabilization and Dirt & Gravel RoadsStreambank Stabilization and Dirt & Gravel Roads

www.dep.state.pa.us

• DEP Programs A – Z• C – Chesapeake Bay