Choose Clean Water – Chesapeake Choose Clean Water – Chesapeake Bay Restoration ConferenceBay Restoration Conference

January 11, 2010

TMDLs in Virginia

by Jack E. FryeSoil & Water Conservation Division Director

Virginia Department of Conservation and Recreation203 Governor Street, Suite 206

Richmond, VA 23219804-786-2064 www.DCR.Virginia.gov

*State Parks * Soil and Water Conservation * Natural Heritage * Outdoor Recreation Planning * Land Conservation

* Dam Safety and Floodplain Management * Chesapeake Bay Local Assistance

VA TMDL SuccessWe have had success……..• 1,700 impairments (bacteria, benthic, toxics, nutrient)

• 690 impairments have TMDL done• 39 implementation plans (126 impairments)

• 84 of 126 impairments targeted with resources

Riparian buffers, livestock stream exclusion fencing, animal waste storage, cover crops, conservation tillage, correcting failed septic systems, straight-pipe correction, stormwater infiltration and retention

VA TMDL Lessons Learned

• On-the-ground BMPs can have measurable in-stream impacts/reductions

• Voluntary approach has limits• Success is real; but violation rate reduction may

not achieve delisting impairment (achieve WQ standard)

• Money and technical assistance are not always the “limiting factor”

• Having no “end game” driving BMP adoption limits effectiveness in many cases

VA Bay TMDL: actively engage stakeholders and the public

• Virginia Bay TMDL Webinar (October 2009)• Initial EPA Public Meetings (December 2009)• Expert panel advice (2009 - 2010)• Stakeholder Advisory Group (2009 - 2010) • Use Interactive web-based tools (Ongoing)• EPA Public Comment Period (Aug.- Oct. 2010)• Additional outreach; both targeted & requested

Challenging Bay TMDL Timeframe

EPA DeadlinesPhase I - Draft allocations and state strategies• June 1, 2010 Preliminary phase I plan by source sector and impaired segment drainage area

• August 1, 2010 –Draft phase I plan• November 1, 2010 –Final phase I plan

Phase II – Local target loads and action plans (35 impaired VA segments)

• June 1, 2011 –Draft phase II plans • November 1, 2011 –Final phase II plans submitted to EPA

Quote from Albert Einstein

“The definition of insanity is doing the same thing over and

over again and expecting a different outcome.”

Difference of Coming Bay TMDL

• Can only speculate/hope/fear at this point• EPA “consequences” the most important

element of change in entire Bay “world”• May generate or enable political will• May create needed “end game”• May enable additional resources and

commitment• May cause engagement of those able to make

changes; those literally responsible• In VA most localized impairments are bacteria,

not nutrient enrichment related (is a link)

Bay TMDL Implementation Opportunities

• Place responsibility in the hands of those responsible• Local governments accept responsibility (growth & development)

• Agriculture & forestry industry, commodity organizations and farmers accept responsibility (working lands controls)

• More complete Ag & Urban tracking and accounting systems (joint state-local-commodity group-farmer)

• Award credit for actions & reduce finger pointing• Make clean-up a local issue with local benefits• Recognize that healthy waters exist and provide services• Accountable actions may diminish pressure to regulate

Bay TMDL Implementation Challenges: now to 2025

• Achieving sufficient political will to support necessary actions and resources

• Making responsibility local & individual• Clearly linking water quality with local water

resource issues, recreation & aquatic life benefits

• Equity of actions• Don’t give up in face of difficulty• Demonstrating benefits of hard choices/focus on

what is gained, not what is lost

Bay TMDL Implementation Challenges: now to 2025 and beyond dilemma

Big Picture:

growthCAP

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