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Briefing and Discussion Management Board June 18, 2009. E.O. 13508 Chesapeake Bay Protection and Restoration. Presentation Objectives. Quick Overview of the Executive Order Federal Leadership Committee Seven reports Strategy Consultation with States CBP Roles and Coordination
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Briefing and Discussion Management Board June 18, 2009 E.O. 13508Chesapeake Bay Protection and Restoration
Presentation Objectives • Quick Overview of the Executive Order • Federal Leadership Committee • Seven reports • Strategy • Consultation with States • CBP Roles and Coordination • Proposed Guiding Principles for Bay program Partners
Part 1- Preamble By the authority invested in me as President… Chesapeake Bay is a national treasure Restoration of the Chesapeake bay will require a renewed commitment to controlling pollution…as well as protecting and restoring habitat and living resources… Executive departments and agencies, working in collaboration, can use their expertise and resources… Progress will also depend on…State and local governments, private sector and by all people
Sec. 201 – Shared Federal Leadership, Planning and Accountability Federal Leadership Committee • To begin a new era of shared Federal Leadership, a FLC is established • Oversee development and coordination of programs and activities… of agencies participating in protection and restoration • Chaired by the Administrator with reps of USDA, DoC, DoD, DHS, DoI, DoT and others as determined by FLC
Sec. 202 - Seven Draft Reports in 120 days; Seven Final Reports in 180 Days (a) define the next generation of tools and actions to restore water quality... and describe the changes to be made to regulations, programs, and policies ... (EPA) (b) target resources ... including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws; (USDA) (c) strengthen storm water management practices at Federal facilities and on Federal lands and develop storm water best practices guidance; (EPA) (d) assess the impacts of a changing climate ...and develop a strategy for adapting natural resource programs and public infrastructure (DoC and DoI) (e) expand public access to waters and open spaces ... and conserve landscapes and ecosystems ... (DoI and DoD) (f) strengthen scientific support for decisionmaking ... including expanded environmental research and monitoring and observing systems; (DoC and DoI) (g) develop focused and coordinated habitat and research activities that protect and restore living resources and water quality ... (DoC and DoI)
Agency Roles: Section 202 Reports a b c d e f g Water Quality Targeting Resources Storm-water & Federal Facilities Climate Change Public Access & Conser-vation Monitoring & Decision Support Habitat & Research for Living Resources EPA USDA DOD USACE NOAA FWS NPS USGS Draft – Draft – Draft – Draft – Draft – Draft – Draft – Draft
Cross-cutting Cross-cutting Overall Federal Strategy Overall Federal Strategy (s.203) has direct relationship to Overall CBP Strategy (aka CAP) EPA EPA DOA NRCS DOD DOD-All-EPA DOC/DOI NOAA-FWS-GS DOI NPS DOC/DOI NOAA-GS DOC/DOI NOAA/FWS Lead Dept. Likely Agency Water Quality Targeting Resources Storm-water & Federal Facilities Climate Change Public Access & Conser-vation Monitoring & Decision Support Habitat & Research for Living Resources EO Topic (s. 202) • Conduct monitoring, research and assess-ments to support decisionmaking • ID and prioritized critical LR • Conduct research and protection Water pollution control strategies • General targeting • Targeting of USDA conser-vation programs • All agencies implement practices • EPA develops SW guidance • Organize & conduct research • Develop adaptation strategy • Identify access opportunities on public lands • Identify important landscapes and ecosystems Possible GIT Consultation Healthy Fisheries Vital Habitat Water Quality Healthy Watersheds Stewardship Partnership, Leadership & Mgmt TSS 4 1 2 3 5 6 GITs Fed. Lead NOAA FWS EPA USDA? NPS EPA EPA-GS CAP Strategic Framework Plus! Overall CBP Strategy =
Section 203 – Draft Strategy in 180 Days; Final Strategy in One Year The Committee shall prepare and publish a strategy for coordinated implementation of existing programs and projects to guide efforts to protect and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law: • define environmental goals for the Chesapeake Bay and describe milestones for making progress toward attainment of these goals; • identify key measureable indicators of environmental condition and changes that are critical to effective Federal leadership; • describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order; • identify the mechanisms that will assure that governmental and other activities, including data collection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and (e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities.
Chesapeake Action Plan Strategic Framework • Goal Strategies Activity Integration Plan • Federal, State, NGO Activities and resources Dashboards • Measures and Progress Adaptive Management System
A Shared Vision A system with abundant, diverse populations of living resources, fed by healthy streams and rivers, sustaining strong local and regional economies, and our unique quality of life. Goal 1: Protect & Restore Fisheries Restore, enhance and protect the finfish, shellfish and other living resources, their habitats and ecological relationships to sustain all fisheries and provide for a balanced ecosystem. Goal 2: Protect & Restore Vital Aquatic Habitats Goal 3: Protect & Restore Water Quality Restore those habitats and natural areas that are vital to the survival and diversity of the living resources of the Bay and its rivers. Achieve and maintain the water quality necessary to support the aquatic living resources of the Bay and its tributariesand to protect human health. Goal 4: Maintain Healthy Watersheds Develop, promote and achieve sound land use practices which protect watershed resources and water quality, maintain reduced pollutant loadings for the Bay and its tributaries, and restore and preserve aquatic living resources. Goal 5: Foster Chesapeake Stewardship Promote individual stewardship and assist individuals, community-based organizations, businesses, local governments and schools to undertake initiatives to achieve these goals and our shared vision. Goal 6: Enhance Partnering, Leadership & Management Improve and enhance the leadership and management of the Chesapeake Bay Program partnership.
Sec. 204. Collaboration with State Partners In preparing the reports under section 202 and the strategy under section 203, the lead agencies and the Committee shall consult extensively with the States… The goal of this consultation is to ensure that Federal actions to protect and restore the Chesapeake Bay are closely coordinated with actions by State and local agencies in the watershed and that the resources, authorities, and expertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the Chesapeake Bay's water quality and ecosystem and habitat health and viability.
CBP EO Coordination Roles Federal Leadership Committee • Facilitate and coordinate with EPA (OW) Seven Reports (EO 202) • Create a relatively common template; facilitate a common schedule; foster cross coordination; determine how Report recommendations will “nest” within the Strategy (203); assist with “consultation” strategy with States, CBP and others Strategy • Create the template for the Strategy; optimize input by CBP (PSC, MB GITs); facilitate and develop the Strategy (Draft by November 12; Final by May 2010); effective “consultation” strategy with States and others Annual Action Plan and Annual Progress Report • Design it; build it
Agency Implementation Chesapeake Bay Restoration Executive Order Timeline Page 5 2009 2010 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Section 202 Reports = FLC Releases Reports Agencies Draft Reports = Agencies Release Draft s. 202 Reports • consult with states extensively FLC Review • consult with states • suggest revisions Agencies Finalize Public Comment Section 203 Strategy FLC Drafts Strategy • consult with states extensively Public Comment FLC Finalizes Section 203 Strategy Implementation Beginning 2010 FLC Releases: Annual CB Action Plan Annual Progress Report 0 120 180 365 Today
Guiding Principles Federal Leadership Committee • Close coordination with the Executive Council Seven Reports (EO 202) • Forum for Feds to put forth bold new ideas, strategies, tools • Need critical opportunities for input by PSC, MB and ACs • Clear “nesting” of federal Actions in the Strategy Strategy • Build on all the existing work (CAP, BayStat) • Maximize input of PSC, MB, ACs, and others • Use existing Goal Structure (6). Climate Change? • Catalyze the GITs and optimize their role to build the Strategy • Establish new/revised environmental measures and progress (Target: 3-5 /GIT) • Provide GIT leads with Substantial help and support • Strategy reflects full CBP Partnership, with Federal actions/strategies clearly identified Annual Action Plan and Annual Progress Report • Readily flows from the strategy • Incorporates the annual Health and Restoration Report • Retain “reasonable annual targets and two year milestones
EPA Section 202a Responsibilities Timeline – OW Lead Page 5 2009 2010 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Straw Proposal Development – 90 Days OW Policy Development = Straw Proposals Due Enforcement Strategy - OECA = Agencies Release Draft s. 202 Reports Atmospheric Deposition Strategy - OAR = FLC Releases Reports Bay Modeling Runs – CBP Lead Support and CBF litigation - OGC Budget FY2010-11 - OCFO TMDL – Region III EPA Internal Timeline Day 90 – Straw proposal Day 100 – Senior staff review Day 120 – Draft reports to FLC Day 150 – FLC comments to agencies Day 180 – FLC releases draft reports 30 60 90 0 120 180 365 Today
SEPQ Q&As June 3 June 15- House Transportation Cmte Bill introductions Chesapeake Bay Restoration Executive Order Timeline Page 5 2009 2010 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Media and Messages Develop messages = Straw Proposals Due Identify and approach champions = Agencies Release Draft s. 202 Reports Develop strategic media/PR plan = FLC Releases Reports Media/PR campaign for draft reports Develop messages/ media/PR for final Identify/approach champions for final Media/PR campaign for final reports Outreach Consult NGOs,States,D.C. CBC, Local govts Info fromconsults in straw proposal Consult NGOs,States,D.C. CBC, Local govts Info fromconsults into draft reportl Consult NGOs,States,D.C. CBC, Local govts Info fromconsults into finalreportl Congress 30 60 90 0 120 180 365 Today
Discussion Questions: Next Generation Tools and Actions to Restore Water Quality • What changes to regulations, programs and policies offer the greatest opportunities for improving water quality? • How can we strengthen existing CWA tools? • Strengthen existing permit programs? • Extend permit coverage? What sectors? • Establish new minimum standards of performance? For who? • How could we construct “watershed-based frameworks” that enhance progress, accountability and enforceability? • How could compliance and enforcement tools be used? • What other legal authorities could be brought to bear? • Other Ideas?
PART 3 – RESTORE CHESAPEAKE BAY WATER QUALITY Sec. 301. Water Pollution Control Strategies. In preparing the report required by subsection 202(a) of this order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies, examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesapeake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA's existing authorities to restore the Chesapeake Bay that: (a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental restoration goals for the Chesapeake Bay; (b) are based on sound science and reflect adaptive management principles; (c) are performance oriented and publicly accountable; (d) apply innovative and cost-effective pollution control measures; (e) can be replicated in efforts to protect other bodies of water, where appropriate; and (f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations.
PART 3 – RESTORE CHESAPEAKE BAY WATER QUALITY (continued) Sec. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA in preparing the report under subsection 202(a) shall include, to the extent permitted by law: (a) using Clean Water Act tools, including strengthening existing permit programs and extending coverage where appropriate; (b) establishing new, minimum standards of performance where appropriate, including: (i) establishing a schedule for the implementation of key actions in cooperation with States, local governments, and others; (ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollution sources and maximize the reliability and cost-effectiveness of pollution reduction programs; and (iii) implementing a compliance and enforcement strategy.
Discussion Questions: Next Generation Tools and Actions to Restore Water Quality • What changes to regulations, programs and policies offer the greatest opportunities for improving water quality? • How can we strengthen existing CWA tools? • Strengthen existing permit programs? • Extend permit coverage? What sectors? • Establish new minimum standards of performance? For who? • How could we construct “watershed-based frameworks” that enhance progress, accountability and enforceability? • How could compliance and enforcement tools be used? • What other legal authorities could be brought to bear? • Other Ideas?
