Download ppt - Cape Fear River Estuary TMDL Development Stakeholder’s Perspective

Cape Fear River EstuaryCape Fear River Estuary TMDL Development TMDL Development

Stakeholder’s PerspectiveStakeholder’s Perspective

Cape Fear Council of GovernmentsCape Fear Council of Governments

TMDL ForumTMDL Forum

May 26, 2004May 26, 2004

Kenneth L. Vogt, Jr. PE, DEEKenneth L. Vogt, Jr. PE, DEEWastewater Treatment Superintendent / City of WilmingtonWastewater Treatment Superintendent / City of Wilmington

Lower Cape Fear River Program Cape Fear Estuary TMDL Advisory SubcommitteeLower Cape Fear River Program Cape Fear Estuary TMDL Advisory Subcommittee

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WaterbodyWaterbody

A Shared ResourceA Shared ResourceBENEFITSBENEFITS

A Shared ResponsibilityA Shared ResponsibilitySTAKEHOLDERSSTAKEHOLDERS

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Explicit Commitment and Explicit Commitment and EffortEffort

toto

Attain/Maintain DesignatedAttain/Maintain DesignatedUses and Underlying Uses and Underlying

StandardsStandards

andand

Stakeholder’s Stakeholder’s AcknowledgementAcknowledgement

and Buy-Inand Buy-In

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Waterbody ClassificationWaterbody ClassificationWater Quality StandardsWater Quality Standards

● ● Designated Uses/AttainabilityDesignated Uses/Attainability

●● Numerical Criteria Numerical Criteria

●● Narrative Criteria Narrative Criteria

●● Antidegradation Requirements Antidegradation Requirements

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Waterbody Use Designations

●● Public Water SuppliesPublic Water Supplies

●● Protection and Propagation ofProtection and Propagation of Fish, Shellfish and Wildlife Fish, Shellfish and Wildlife

●● Recreation In and On the WaterRecreation In and On the Water

●● Agricultural Agricultural

●● IndustrialIndustrial

●● NavigationNavigation

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A Regulator’s Perspective

●● Non-Attainment

●● Impaired Status

●● 303 (d) Listing

●● TMDL Establishment

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TMDL and PollutionTMDL and Pollution

• TMDL is “Total Maximum Daily Load” of TMDL is “Total Maximum Daily Load” of pollutants and water body can assimilate pollutants and water body can assimilate (assimilative capacity)(assimilative capacity)

• Occupancy and disturbance result in a Occupancy and disturbance result in a pollutional impact that may lead to a pollutional impact that may lead to a condition of non-attainmentcondition of non-attainment

• TMDL allocates loading to sources and TMDL allocates loading to sources and “caps” quantity“caps” quantity

• Combination of regulatory basis and Combination of regulatory basis and scientific processscientific process

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Cape Fear TMDL TimelineCape Fear TMDL Timeline

• Current hydrodynamic and water quality modeling Current hydrodynamic and water quality modeling developed by City of Wilmington & New Hanover developed by City of Wilmington & New Hanover County now being used by DENRCounty now being used by DENR

• Current DENR policy requires new and expanding Current DENR policy requires new and expanding point sources to meet BOD5- 5 mg/l Ammonia- 1 mg/lpoint sources to meet BOD5- 5 mg/l Ammonia- 1 mg/l

• 1 to 2 year TMDL development period is now 1 to 2 year TMDL development period is now underwayunderway

• How is the TMDL “pie” shared?How is the TMDL “pie” shared? Point SourcePoint Source Non-Point Source Non-Point Source NaturalNatural Margin of Safety (MOS)Margin of Safety (MOS) GrowthGrowth Upstream Sources above Lock and Dam #1Upstream Sources above Lock and Dam #1

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The TMDL The TMDL ProcessProcess

●● Name and Geographic LocationName and Geographic Location

●● Problem IdentificationProblem Identification

●● Target AnalysisTarget Analysis

●● Source Identification and AssessmentSource Identification and Assessment

●● Linkage of Source and Target (Model)Linkage of Source and Target (Model)

●● Allocating Pollutant LoadsAllocating Pollutant Loads

●● Implementation and Monitoring Plan Implementation and Monitoring Plan DevelopmentDevelopment

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A Layman’s/Stakeholder’sA Layman’s/Stakeholder’sPerspectivePerspective• Any regulatory process relies upon a strong Any regulatory process relies upon a strong

foundation.foundation.• Thorough, comprehensive, and, when Thorough, comprehensive, and, when

applicable, founded upon sound scientific applicable, founded upon sound scientific principles.principles.

• Procedures, good and bad, come and go.Procedures, good and bad, come and go.• While institutional considerations are While institutional considerations are

important,important, good science transcends all procedure.good science transcends all procedure.• Scientific product, if properly designed and Scientific product, if properly designed and

conducted, should hold lasting value.conducted, should hold lasting value.

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Stakeholder QuestionsStakeholder Questions

• As a resource, what do we want to do with As a resource, what do we want to do with our waterbody?our waterbody?

• Who is “we”? Who plays a role in the Who is “we”? Who plays a role in the decision-making process?decision-making process?

• How are participants/stakeholders identified How are participants/stakeholders identified and encouraged to become involved in the and encouraged to become involved in the decision- making process, including decision- making process, including attempts to reach a broad, diverse cross-attempts to reach a broad, diverse cross-section of the stakeholder community?section of the stakeholder community?

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Stakeholder QuestionsStakeholder Questions

• Who sets the rules?Who sets the rules?

• How are the rules set? Is there a well How are the rules set? Is there a well conceived /established conceived /established institutional/regulatory/procedural basis institutional/regulatory/procedural basis and/or a sound scientific technical and/or a sound scientific technical framework to work within?framework to work within?

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Key Stakeholder ConcernsKey Stakeholder Concerns

1.1. Designated Use and AttainabilityDesignated Use and Attainability

(Previous Determination)(Previous Determination)

2.2. Criteria EstablishmentCriteria Establishment


3.3. Determination of Non-AttainmentDetermination of Non-Attainment


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Key Stakeholder ConcernsKey Stakeholder Concerns4.4. Stakeholder IdentificationStakeholder Identification

●●If you cause pollution to enter the Cape Fear River, you If you cause pollution to enter the Cape Fear River, you are/should be a stakeholder because you may be are/should be a stakeholder because you may be directed to better manage/reduce your pollutant directed to better manage/reduce your pollutant contribution.contribution.

LCFRP CFRE TMDL Advisory SubcommitteeLCFRP CFRE TMDL Advisory Subcommittee

● ● Communicate/ disseminate between the LCFRP andCommunicate/ disseminate between the LCFRP and

DWQDWQ

●● Sufficiently knowledgeable to serve in peer review/Sufficiently knowledgeable to serve in peer review/

quality control capacityquality control capacity

●● Not sufficiently knowledgeable to act as primaryNot sufficiently knowledgeable to act as primary

product developer product developer

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5.5. Contribution/Source Identification and Contribution/Source Identification and QuantificationQuantification

●● Natural Sources/Background (LA)Natural Sources/Background (LA)

●● Point Sources & Permitted Stormwater (WLA)Point Sources & Permitted Stormwater (WLA)

●● Non-Point Sources (LA)Non-Point Sources (LA)

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6.6. Allowable Pollutant Load (APL)Allowable Pollutant Load (APL)APL = WLA + LA + MOS + FGAPL = WLA + LA + MOS + FG

MOS can be large or small based upon MOS can be large or small based upon uncertainties. Use as much data and uncertainties. Use as much data and analysis as possible to minimize the MOS analysis as possible to minimize the MOS and keep it reasonable. Apply different and keep it reasonable. Apply different MOSs to different categories based upon MOSs to different categories based upon different data/analysis uncertainties.different data/analysis uncertainties.

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Assimilative Capacity “Pie”Assimilative Capacity “Pie”

• Assimilative Capacity = Acceptable Assimilative Capacity = Acceptable Pollutant Loading to the Water BodyPollutant Loading to the Water Body

• How big is the pie? How big is the pie?

• We don’t presently knowWe don’t presently know

• Will be determined by the TMDL processWill be determined by the TMDL process

1000 #/day 100,000 #/dayOR

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Pieces of the “Pie”Pieces of the “Pie”

Who gets “slices”?Who gets “slices”?Point Source (PS) Loads

(Ex: Wastewater Plants & Stormwater?)

Non-Point Source (NPS) Loads (Ex: Agriculture &

Stormwater?)

Upstream Sources Above Lock and Dam #1

Natural Sources

Regulatory “Margin of Safety”

Growth

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7.7. Load AllocationLoad Allocation

●● ProceduralProcedural

●● Equitable/Fair/ReasonableEquitable/Fair/Reasonable

●● Credits for Past ReductionsCredits for Past Reductions

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TMDL “Pie” Equity?TMDL “Pie” Equity?

• ““Pieces” of the “Pie” Pieces” of the “Pie” may not be equalmay not be equal

• How are the “slices” How are the “slices” determined? determined? Yet to be determinedYet to be determined

• TMDL process will TMDL process will determine determine “allocations”“allocations”

• Recognition/credit Recognition/credit previous historical previous historical pollution addition pollution addition and reduction and reduction activitiesactivities

Point Sources

Non-Point

MOSGrowth

Upstream

Natural

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How Big are the Slices?How Big are the Slices?

• Total loading needs to be determinedTotal loading needs to be determined• Then allocation is to be made by source. Then allocation is to be made by source.

How?How?• Pieces are not necessarily equalPieces are not necessarily equal• How many pieces will there be?How many pieces will there be?

1,000 #/day 100,000 #/ day

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How Each Source of Pollution How Each Source of Pollution is Estimated?is Estimated?

Inputs:Inputs:• AgriculturalAgricultural

Acres X lbs. of pollution per acre X number of Acres X lbs. of pollution per acre X number of acres = Total Loadingacres = Total Loading

• Non-pointNon-point Developed acres of each use X estimated Developed acres of each use X estimated

loading by development type = Total Loadingloading by development type = Total Loading• NaturalNatural

Undeveloped acres of each use (marsh, Undeveloped acres of each use (marsh, highland, swamp) X estimated loading for each highland, swamp) X estimated loading for each use = Total Loadinguse = Total Loading

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How Each Source of Pollution How Each Source of Pollution is Estimated?is Estimated?

Inputs:Inputs:• Point SourcePoint Source

Total of the maximum loading of all NPDES permit Total of the maximum loading of all NPDES permit limitslimits

• GrowthGrowth Adds to point and non-point loadsAdds to point and non-point loads

Boundaries:Boundaries:• UpstreamUpstream

Calculated Critical Condition Maximum Loadings Calculated Critical Condition Maximum Loadings passing Lock and Dam #1passing Lock and Dam #1

All sources added together with MOS to set TMDL. All sources added together with MOS to set TMDL. Total Maximum Daily Load for each category is then Total Maximum Daily Load for each category is then permanently established.permanently established.

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Pre-developmentPS-Intensive/No Controls

1st PS Control/

Reductions

2nd PS &1st NPS

Reductions

Natural 500 500 500 500Point Sources 0 3,500 500 125Non-Point Sources 0 0 1,500 375Total 1,000

Pre-developmentPS-Intensive/No Controls % Reduction

Natural 500 500 0

Point Sources 0 3,500 90

Non-Point Sources 0 0 90Total

PS & NPS Influence/No Controls % Reduction

PS & NPS Influence/No Controls

Single IntegratedPS & NS Reduction

0860

1,500

5003,5001,500

500

3,500 350

1501000

% Reduction

07575

500

Simplified Load Allocation Simplified Load Allocation ExampleExample (No MOS or FG) (No MOS or FG)

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Potential Requirements to Potential Requirements to Meet Allocations?Meet Allocations?• Point Sources:Point Sources:

Lowering of discharge limits or no dischargeLowering of discharge limits or no discharge

• Non-Point Sources:Non-Point Sources: Require construction of Innovative and proven Require construction of Innovative and proven

BMPsBMPs Innovative land planning regulationsInnovative land planning regulations Control of construction and post-construction Control of construction and post-construction

activitiesactivities Homeowner ordinances:Homeowner ordinances:

Controls of lawn care (fertilizers, pesticides, herbicides)Controls of lawn care (fertilizers, pesticides, herbicides)Pet waste controlsPet waste controlsElimination of illicit dischargesElimination of illicit dischargesMinimization of car washing in streets and drivewaysMinimization of car washing in streets and drivewaysInnovative home and commercial site designInnovative home and commercial site designPublic education programsPublic education programs

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Potential Requirements to Potential Requirements to Meet Allocations?Meet Allocations?

• Agriculture:Agriculture: Require manure controls and processingRequire manure controls and processing Require buffers along waterways and drainage Require buffers along waterways and drainage

systemssystems Controls on head of livestock per acreControls on head of livestock per acre

• Upstream Sources:Upstream Sources: Set and monitor maximum loads passing Lock & Dam Set and monitor maximum loads passing Lock & Dam

#1#1• Natural Sources:Natural Sources:

Require thinning of deer and raccoon populationsRequire thinning of deer and raccoon populations Re-establishment of impacted wetland systemRe-establishment of impacted wetland system Restrictions on drainage systems constructed through Restrictions on drainage systems constructed through

natural areasnatural areas MitigateMitigate Offset by othersOffset by others Modify use(s) / relax standard(s)Modify use(s) / relax standard(s)

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Establishment of a “New Way Establishment of a “New Way of Thinking”of Thinking”

• Implement Pollutant Credit Trading Implement Pollutant Credit Trading program for removals or reductions of program for removals or reductions of difficult–to-control pollutiondifficult–to-control pollution

• Direct- Local individual efforts (public Direct- Local individual efforts (public education)education)

• IndirectIndirect Coordinated regional planningCoordinated regional planning Common ordinancesCommon ordinances Managed by a central agencyManaged by a central agency

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Questions / DiscussionQuestions / Discussion