In addition to the Overview information provided for Water Quality, the Agriculture and Wastewater Workgroups have described their priorities and progress in the tabs below. Other important work is being conducted by the Chesapeake Bay Program partnership to restore water quality by implementing pollution reduction practices on urban and suburban lands and reducing pollution deposited in the watershed from the air. Additional information on these efforts will be included over time. Progress in implementing the Bay Total Maximum Daily Load (TMDL) and in achieving milestones set at the 2009 Executive Council Meeting is also described below.
The Agriculture Workgroup (AGWG) has described their priorities and progress in the tabs below. Other important work is being conducted by the Chesapeake Bay Program partnership to restore water quality by implementing pollution reduction practices on urban and suburban lands and reducing pollution deposited in the watershed from the air. Additional information on these efforts will be included over time.
The Wastewater Workgroup has described their priorities and progress in the tabs below. Other important work is being conducted by the Chesapeake Bay Program partnership to restore water quality by implementing pollution reduction practices on urban and suburban lands and reducing pollution deposited in the watershed from the air. Additional information on these efforts will be included over time.
The Bay Total Maximum Daily Load (TMDL) or “pollution diet” sets pollution limits necessary to meet applicable water quality standards in the Bay and its tidal rivers. The primary elements of the TMDL are “wasteload allocations” for “point sources” like sewage treatment plants, urban stormwater systems and large animal feeding operations, and “load allocations” for “non point sources” such as runoff from agricultural lands and non-regulated stormwater from urban and suburban lands. These pollution limits are further divided by jurisdiction and major river basin based on state-of-the-art modeling tools, extensive monitoring data, peer-reviewed science, and close interaction with jurisdiction partners.
During the 2009 Chesapeake Executive Council (EC) meeting, the Bay watershed jurisdictions set short-term goals or milestones to reduce pollution to the Bay and dramatically accelerate the pace of restoration. Jurisdictions based the 2009-2011 milestones on increasing their historic implementation rates in order to improve water quality in the Chesapeake Bay. In December 2010, EPA finalized the Chesapeake Bay Total Maximum Daily Load (TMDL) which provided jurisdictions with load allocation numbers for nitrogen, phosphorus, and sediment. These allocations created a “pollution diet” which set limits for the amount of nitrogen, phosphorus and sediment that could enter the Bay from each jurisdiction and ensure the Bay is meeting water quality standards.
The 2009-2011 milestones were developed prior to the limits set by the Bay TMDL. As a result, the information presented here is not directly comparable with the annual reporting by the Bay jurisdictions on progress toward achieving the TMDL allocations. Beginning with the 2012-2013 milestone period, reporting of 2-year milestone progress will be tracked against the Bay TMDL allocations and the level of commitments made in the Phase I and II Watershed Implementation Plans.
In 2008, the Chesapeake Executive Council charged the seven jurisdictions to develop a two-year milestone process for reducing their respective nitrogen, phosphorus and sediment contributions to the Chesapeake Bay and to track the pace of those reductions. Two-year milestones provide short-term objectives and have become part of the overall Total Maximum Daily Load (TMDL) accountability framework established in 2010 to assess progress on restoration goals. When fully implemented, the seven Watershed Implementation Plans (WIPs) will ensure that practices are in place by 2017 to reduce the load by 60 percent. By 2025, all practices necessary to meet the target loading levels will be in place. The two-year milestones allow jurisdictions the opportunity to adapt implementation strategies outlined in their WIPs as necessary to meet those goals and ultimately achieve applicable water quality standards and restore the Bay.
Stormwater blurb here.
EPA and jurisdictions will be held accountable to the overall simulated load reductions and their 2012-2013 commitments. The total 2012-2013 milestone commitments for all 7 jurisdictions and EPA reduce nitrogen by 16.28, phosphorus by 1.1, and sediment by 482 million pounds by the end of 2013, compared to the 2009 baseline.
EPA will be accountable for reductions of atmospheric deposition of nitrogen to tidal waters of the Chesapeake Bay in the Chesapeake Bay Total Maximum Daily Load (TMDL) allocation. EPA’s 2012- 2013 milestone commitments reduce nitrogen deposition to the tidal Bay waters by approximately 2.5 million pounds and nitrogen deposition to the watershed by an estimated 0.9 million pounds by the end of 2013 compared to the 2009 baseline.
The information in the charts documents the continued progress of EPA and the seven Bay jurisdictions in meeting the water quality goals of the Chesapeake Bay TMDL. Additionally, the charts show the total load reduction anticipated for atmospheric deposition of nitrogen for EPA, and for nitrogen, phosphorus, and sediment that each jurisdiction is expected to achieve by the end of 2013 based on the computer simulations from the Chesapeake Bay Program Partnership suite of models.
Each jurisdiction has outlined their path to achieving the reductions required from the Chesapeake Bay TMDL in their Phase I and Phase II Watershed Implementation Plans. The two-year milestones are the incremental steps taken by each jurisdiction to ultimately achieve applicable water quality standards and restore the Chesapeake Bay.
When a jurisdiction is selected, the pie chart presents the computer-simulated pollutant reduction progress by source sector (Agriculture, Urban Runoff, etc.) for each jurisdiction and EPA in 1985 and 2009, the anticipated progress by source sector for 2013, and the target loads to be achieved in 2017 and 2025. While EPA and the jurisdictions highlight the anticipated progress for 2013 by source sector, EPA will only hold jurisdictions accountable to the overall simulated reduction loads and the commitments.
The chart reflects a revised commitment of an estimated 350,000 pound reduction of air deposition to tidal waters of the Bay during the 2012-2013 milestone period for a total of approximately 2.5 million pounds of nitrogen reductions between 2009 and 2013. EPA originally committed to a 316,000 pound reduction in air deposition of nitrogen to tidal waters of the Bay in the federal 2012-2013 two-year milestones for water quality issued January 6, 2012. More recent and comprehensive accounting of the anticipated load reductions through national nitrogen emission controls have provided better estimates for the Chesapeake Bay region.
The reduction of 0.9 million pounds of air deposition load to the Bay from the watershed is anticipated based on expected air emission controls under the Clean Air Act. The seven jurisdictions’ Watershed Implementation Plans assume this level of reduction when committing to land-based controls to meet pollutant reduction planning targets. Atmospheric deposition loads delivered to the Bay from the watershed are reduced to zero by 2025 because the anticipated benefits from air emission controls are fully realized by 2025. A 2025 load of nitrogen deposition to the tidal Bay remains because of residual atmospheric deposition loads of nitrogen uncontrolled by national programs under the Clean Air Act. The Summary Document provides additional detail on EPA’s commitments.
Pollutant Reduction Controls, Practices and Actions
The Chesapeake Bay Partnership (CBP) recognizes that there are practices and controls that are currently being implemented but that have, for a variety of reasons, not been credited. Practices, once identified and verified as being implemented in 2006 or later, will be credited the year they are verified. The partnership is also aware that there are reported practices which receive credit in the Chesapeake Bay Program models but are no longer functioning or in place. The partnership’s Verification Subcommittee is developing protocols to enhance the accuracy of practices reported to the CBP models.
Each of the jurisdictions has implemented practices and controls that are likely to reduce nutrient or sediment pollution but for which a scientifically determined pollution reduction rate has either not been established or requires adjustment. Practices and controls established in 2006 or later will be credited in future years once the pollution reduction rate has been established.
Jurisdictions and EPA highlight a few key commitments that are anticipated to be completed during the milestone time frame. A weblink to each jurisdictions’ full listing of their 2012-2013 commitments can be found on the jurisdictional page or the full listing can be found on the EPA Chesapeake Bay TMDL website in the Ensuring Results section under the tab “Two-year Milestones”.
- 2012: Nitrogen Oxides (NOx) and Sulfur Oxides (SOx) Secondary National Ambient Air Quality Standards finalized.
- 2012: New air deposition modeling for the Chesapeake Bay watershed incorporating the most recent finalized rules with significant nitrogen oxides reductions.
- 2012: Environmental Protection Agency/Department of Transportation 2017-2025 Model Year Light-Duty Vehicle Green House Gas (GHG) Emissions and Corporate Average Fuel Economy (CAFE) Standards final rule.
- 2012/2013: Tier 3 Light-Duty Vehicle Emission and Fuel Standards final rule (criteria and toxic pollutants).
About the Data
- The anticipated progress for each 2013 milestone target was calculated using a 2010 land use simulation.
- In 2013, actual implementation results will be reported to the Chesapeake Bay Program Office and the computer simulation pollutant reduction progress will be calculated using a projected land use for 2013 which could result in adjustments to projected pollution loads in the milestones.
- For wastewater discharges, progress for 2009 and subsequent years is measured using actual flow information. The 2013 targets for wastewater discharges, however, are developed on projected flows, using methods identified by each jurisdiction. Both progress and targets are influenced by annual weather conditions. However, the indicator does demonstrate long-term progress to reduce wastewater pollution.
The District of Columbia’s 2012-2013 milestone commitments are to reduce nitrogen by 394,069 pounds and phosphorus by 9,130 pounds, and increase sediment by 1,256,863 pounds by the end of 2013, compared to the 2009 baseline.
The nitrogen loads show a dramatic decline between 1985 and 2009. This decrease is due to the hard work by DC Water in upgrading the Blue Plains Advanced Wastewater Treatment Plant. The District is below its allocated amount of phosphorus and the amount will continue to decline slightly over time; not increase as the phosphorous graph illustrates. Sediment was added to the District’s current load during the most recent updates to the Chesapeake Bay Program Partnerships Watershed model, which can be seen in the graph. The District is an urban environment and is continuing to implement BMPs which will slowly decrease the amount of sediment entering the Chesapeake Bay Watershed.
Stormwater Practices and Pollution Prevention
- Create citywide online stormwater tracking tool.
- Inspect all Municipal Separate Storm Sewer System (MS4) outfalls once every five years.
- Inspect all known automotive repair shops, dry cleaners, car washes, maintenance facilities, and local and federal facilities which generate large quantities of hazardous waste within the MS4 once every two years.
- Perform follow-up inspections within the MS4 at all facility types for compliance with good housekeeping measures as outlined as areas for improvement in the facility’s inspection report.
- Distribute educational pollution prevention posters/flyers to automotive facilities and maintenance yards within the MS4 during inspections; and hold educational workshops.
- Respond and investigate all Illicit discharge complaints and referrals within five days, and ensure compliance with all water pollution control act regulations.
- Conduct 2 pollution prevention workshops for District municipal employees.
- Implement a Stormwater Fee Discount program.
- Strengthen pet waste program by installing 100 metal (‘pick up’) signs at parks and schools, and deliver 1,000 educational brochures to renters, homeowners, and school, community & outreach events.
Trash TMDL and Trash Removal
- Install 2 trash capture devices and maintain current devices.
- Remove 10,000 lbs of trash & debris from District waterways by 2013.
- Install 1,000 storm drain markers.
For the full details of the District of Columbia’s programmatic milestones, please see http://www.epa.gov/reg3wapd/pdf/pdf_chesbay/2yearmilestones/DC2012_13ProgrammaticMilestonesFinalMay2012.pdf.
Delaware’s 2012-2013 milestone commitments are to reduce nitrogen by 48,149 pounds, phosphorus by 42,702 pounds, and sediment by 18,731,484 pounds by the end of 2013, compared to the 2009 baseline.
Delaware’s 2012-2013 milestones continue to decrease pollutant loads so that the jurisdiction will be on track to achieve 60% of the reductions by 2017. These goals call for the increased implementation of numerous nonpoint source best management practices, especially in the agriculture sector. Additionally though, the milestones assume that all of the wastewater treatment facilities will be operating at their permitted loads, so it appears the nitrogen loads may actually increase slightly. There are no plans however, for these facilities to discharge at those levels within the planned period and if they do, increases may be offset by reductions from other sectors.
- Promulgate revised and updated sediment and stormwater regulations: 2012.
- Promulgate revised and updated on-site wastewater regulations: 2012.
- Coordinate federal and state funding of the most effective conservation practices: 2012.
- Lead efforts to correctly determine the quantity and nutrient content of Delmarva poultry litter: 2012.
- Examine the best approach for a Certainty Program in Delaware: 2012.
- Assess the use of “Decision Nutrient Management” for Delaware: 2012.
- Establish baseline loadings and retrofit opportunities on federal lands: 2012.
- Develop and implement a communications marketing plan: 2012.
- Revise and renew NPDES permits for Invista and the towns of Bridgeville and Seaford: 2013.
- Adopt statewide off-set regulations: December 2013.
- Promulgate DDA’s regulations allowing “spray on demand” disposal of treated wastewater: 2013.
- Assess model credit for urban fertilizer phosphorus bans in neighboring states: 2013.
For the full details of Delaware’s programmatic milestones, please see http://www.dnrec.delaware.gov/swc/wa/Pages/DE-WIP-Phase-II-Info.aspx.
Maryland’s 2012-2013 milestone NPS BMP commitments and Wastewater strategy reduce nitrogen by 790,549 pounds and phosphorus by 161,611 pounds and decrease sediment by 904,079 pounds by the end of the milestone period, compared to the 2009 baseline.
Maryland is making significant progress in its restoration efforts and is on track to meet the 2012-2013 milestones and commitments. Through BayStat, Maryland is tracking implementation and progress of its goals monthly. Visit BayStat to follow Maryland's progress.
- Bay Restoration Fund Fee Increase: In 2012, double the Bay Restoration Fund Fee to generate the revenue needed to fully implement Maryland’s wastewater treatment plant enhancement schedule by 2017 and upgrade more than 1,300 septic systems to best available technology annually.
- Chesapeake and Atlantic Coastal Bays Trust Fund: In 2012, in response to the WIP and the increased burden on local governments to achieve nutrient reduction goals, increase funding in the Trust Fund. For Fiscal Year 2013, in addition to $25 million for the Trust Fund, Maryland will provide $38 million in general obligation bonds to local communities for implementation of stormwater capital improvements. These funds will not only kick start restoration at the local level, but also create and retain green jobs in Maryland's economy. Funding was also increased to support implementation of natural filters on public lands ($9 million), and funding for Soil Conservation Districts from 16 to 39 positions ($2.2 million). In addition, funding for the cover crop program will be $12 million – a record level.
- Stormwater Management: The Watershed Protection and Restoration Program requires the Phase I MS4 permitted jurisdictions to develop and implement a stormwater utility fee by July 1, 2013.
- Track voluntary actions on agricultural land: The Voluntary Agricultural Nutrient and Sediment Credit Certification Program authorizes the Department of Agriculture to establish requirements for the voluntary certification and registration of sediment credits on agricultural land.
- Sustainable Growth and Agricultural Preservation Act of 2012: This act requires local governments to establish tiers for new development by December 31, 2012. The law restricts the use of septic systems in major subdivisions of more rural and sensitive areas. The law also allows for limited subdivision of agricultural properties and helps preserve farm and forestland. This legislation will help Maryland grow smarter and allow local jurisdictions to save money on additional roads and public services by requiring growth in existing areas.
- PlanMaryland: Maryland’s first sustainable growth plan, which will prevent the loss of more than 300,000 acres of forest and farmland over the next 25 years while accommodating a projected one million additional residents, 500,000 new households and 600,000 new jobs in the State, established by Executive Order in 2012. PlanMaryland achieves this by improving coordination between state agencies and local governments on smart growth efforts; stimulating economic development and revitalization in towns, cities and other existing communities; and addressing the rapid pace of land consumption which, since 1970, has escalated at double the rate of housing growth and triple the rate of population increase.
- Change the Agricultural Nutrient Management Regulations: In 2013, restrict fall fertilization of small grain crops on soil testing above a given nitrate level thresholds; require incorporation of organic nutrient sources (with some exceptions); limit fall applications of organic nutrient sources; and, require a cover crop following fall applications of organic nutrient sources.
- Adopt a revised Phosphorus Site Index (PSI): In 2013, incorporate the new PSI into nutrient management plans in preparation for the 2013 crop season (winter 2012-2013).
- Urban Nutrient Management: In 2013, develop regulations to implement the Fertilizer Use Act. This will: limit nitrogen & phosphorus content in fertilizer content and use on non-agricultural land; require certification and training for non-agricultural applicators; require certain fertilizer product labeling; and require outreach and education programs for homeowner fertilizer use.
- Maryland’s Trading and Offset Program: In 2013, develop a fully implementable growth offset program, address all unresolved Maryland-specific Tier 1 recommendations, and address other unresolved recommendations common to all jurisdictions.
- Finalize stormwater retrofit guidance: In 2013, finalize stormwater retrofitting guidance to be consistent with forthcoming Bay Program recommendations and address stream restoration projects and a statewide residential reforestation program.
- Develop a Residential BMP Tracking and Crediting Tool: In 2013, build an on-line platform or a mobile app for homeowners and watershed groups may upload their BMP implementation into, which local governments will access and ground-truth. Once verified by local jurisdiction staff, university agents or other state trained volunteers, the data will be available for use by local governments when reporting milestone implementation.
- Federal funding: In 2013, ask Maryland’s Congressional delegation to pursue authorization for federal funding for the Bay jurisdictions through pending or new legislation; and ask the U.S. Army Corps of Engineers to formally pursue prioritization of stormwater projects in Maryland within its capital improvement plan.
For the full details of Maryland’s programmatic milestones, please see http://www.mde.state.md.us/programs/Water/TMDL/ChesapeakeBayTMDL/Pages/programs/waterprograms/tmdl/cb_tmdl/index.aspx.
The effect of this adjustment is that, when compared to the 2009 baseline, the nominal nitrogen commitment for 2013 increases by 433,730 pounds and the nominal phosphorus commitment increases by 51,988 pounds. The sediment commitment is for a reduction of 16,397,577 pounds by the end of 2013, compared to the 2009 baseline.
Projected reductions for agriculture and stormwater will continue to occur annually whereas most reductions from wastewater will occur when permit modifications are complete. For the 2012-2013 milestones, it is New York’s intention to include wastewater contributions at design flow although current loads are significantly less.
- Implement a basin-wide “Trees for Tributaries” program to include stream corridor restoration.
- Develop and implement tracking, reporting and verification mechanism for construction stormwater conservation practices installed through an improved Construction Stormwater Notice of Intent form.
- Develop and implement tracking, reporting and verification mechanisms for voluntary conservation practices installed on agricultural lands.
- Implement two rounds of the NYS Agricultural Non-Point Source Abatement and Control Program for practice implementation, as well as two years of the AEM Base Program, supporting technical assistance by Soil & Water Conservation Districts.
- Compare end of season nitrate capture and N release in spring and summer as impacted by cover crop species, biomass, timing and method of cover termination, and test various tools for N management in cover-crop based corn systems.
- Continue the USC Stream Initiative to use emergency intervention procedures to minimize problems after major flooding events and establish triage methods to best use limited funding.
- Initiate floodplain reconnection program through streambank berm removal.
- Continue wetland restoration efforts on public and private lands.
For the full details of New York’s programmatic milestones, please see http://www.epa.gov/reg3wapd/pdf/pdf_chesbay/2yearmilestones/NYTwoyearmilestonesprogrammatic1_10_12.pdf.
Pennsylvania’s 2012-2013 milestone commitments are to reduce nitrogen by 6,328,907 pounds, phosphorus by 254,377 pounds, and sediment by 204,112,700 pounds by the end of 2013, compared to the 2009 baseline.
The foundation of Pennsylvania’s Chesapeake Watershed Implementation Plan (WIP) includes milestone implementation and tracking, new technology and nutrient trading, and enhanced compliance. Due to the under-reporting of Best Management Practice (BMP) implementation, there is the appearance that the Pennsylvania 2013 milestones may not be on track to meeting the targets for 2017. Pennsylvania anticipates that implementation of its WIP will improve future reporting of progress.
- Develop a Model Ag Compliance Policy for use by Conservation Districts: September 2012.
- DEP CBRAP Compliance staff increase agriculture compliance inspections and actions: December 2013.
- Update the MS4 Compliance Monitoring Strategy: September 2012.
- Develop a tracking system for stormwater BMPs: December 2013.
- 135 Significant Sewage facilities are anticipated to comply with cap loads: June 2013.
- Development of a Stormwater Management Off-setting Program: December 2013.
For the full details of Pennsylvania’s programmatic milestones, please see http://www.portal.state.pa.us/portal/server.pt/community/chesapeake_bay_program/10513.
Virginia’s 2012-2013 milestone commitments reduce nitrogen by 5,714,226 pounds, phosphorus by 623,424 pounds, and sediment by 117,460,819 pounds by the end of 2013, compared to the 2009 baseline.
Note: The amount of pollutant load by year and sector is subject to further review and possible modification. The partnership will continue to review the impact of controls and practices, including nutrient management plans for agricultural acres, on reducing pollutant loads.
While the milestones are predictors of future actions, Virginia's key measure will continue to be the delivered loads reported annually by the Chesapeake Bay Partnership Watershed Model “progress” runs that track actual implementation each year (measured point source discharges and nonpoint source Best Management Practices installed). The significant reductions achieved in the wastewater sector to date and the acceleration of nonpoint source controls in the coming years will allow Virginia to remain on track to achieve the 2017 loading goals. The programmatic milestones established for the milestone period will further implement Virginia’s WIP. They include the development of a program for the expanded use of nutrient credits, implementing actions to reduce the impacts of homeowner fertilizer use, improved management of animal agriculture operations and strengthened stormwater management in urban areas.
- Finalize regulatory actions to initiate the Resource Management Plan framework.
- Implement amendments to the Virginia Fertilizer Law to protect water quality.
- Begin implementation of newly established Nutrient Trading Act.
- Improve compliance with erosion and sediment control and stormwater management requirements.
- Continue implementation of Watershed General Permit requirements that contain TMDL allocations for wastewater discharges.
- Begin the phased pollutant reductions in permits for Municipal Separate Storm Sewer Systems.
- Finalize and begin implementation of strategy to improvement management of small animal feeding operations.
For the full details of Virginia’s programmatic milestones, please see http://www.dcr.virginia.gov/vabaytmdl/index.shtml.
West Virginia’s 2012-2013 milestone commitments reduce nitrogen by 58,613 pounds, phosphorus by 69,782 pounds, and sediment by 125,733,105 pounds by the end of 2013, compared to the 2009 baseline.
West Virginia’s 2013 milestones for nitrogen and phosphorus are on track to meet the targets for 2017. While it appears that nitrogen and phosphorus loads contributed by the wastewater category are increasing between 2009 and 2013 this is the result of data reporting difficulties. West Virginia is confident that the cumulative loadings from the wastewater category will be less than portrayed in the 2013 milestone model scenario, and are likely to be less than those reported in the 2011 reporting period. Three additional significant facilities are expected to have nutrient reduction treatment installed and operational for the 2013 reporting period, and all significant wastewater treatment plants in West Virginia are scheduled to be in compliance with TMDL wasteload allocations by 2017.
- By July 2012, revise state code to incorporate WV Nutrient Management rule.
- Develop nutrient management plans for Concentrated Animal Feeding Operations (CAFOs): December 2013.
- Conduct targeted outreach and education to encourage farmers to install and maintain BMPs: December 2013.
- By December 2012 complete a statewide stormwater management guidance manual.
- By June 2013, complete upgrades of wastewater treatment plants for Frankfort, Shepherdstown and the Reeds Creek Fish Hatchery to meet TN and TP compliance.
For the full details of West Virginia’s programmatic milestones, please see http://www.wvca.us/bay/files/bay_documents/255_WV%202012_2013%20Milestone.pdf.