CBP Program Update and Executive Order Overview

1. CBP Program Update and Executive Order Overview Jeff Lape, Director Chesapeake Bay Program CAC/LGAC Joint Meeting September 17-18. 2009

2. Proposed Agenda and Objectives • Quick Review of Program Highlights • Executive Order • Federal Reports • Draft Coordinated Implementation Strategy • CAC and LGAC Feedback and Guidance

3. Bay Program Highlights • Core Program Functions • Performance and Accountability • TMDL • New Organization • Budget • Independent Evaluator • GAO/IG response • Reauthorization of the Bay Program • Leadership of the Executive Council

4. Critical Discussion Questions • How can the “Federal Family” best demonstrate leadership and action? • What are the most important actions that we can take to achieve the goals of the EO? • What are the key strategic themes that need to be addressed? • What are the key attributes of the “coordinated implementation strategy”? • How do we engage citizens and local governments?

5. Chesapeake Bay Executive Order 13508

6. 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

7. 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 EPA Administrator with reps of USDA, DoC, DoD, DHS, DoI, DoT and others

8. Seven Federal Reports … Two Directed at Federal Facilities Water Quality Targeting Resources Storm-water & Federal Facilities Climate Change Public Access & Conser-vation Monitoring & Decision Support Habitat & Research for Living Resources Define the next generation of tools and actions to restore water quality... and describe the changes to be made to regulations, programs, and policies. Target resources ... including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws. Strengthen storm water management practices at Federal facilities and on Federal lands and develop storm water best practices guidance. Assess the impacts of a changing climate ...and develop a strategy for adapting natural resource programs and public infrastructure. Expand public access to waters and open spaces from Federal lands ... and conserve landscapes and ecosystems. Strengthen scientific support for decision-making ... including expanded environmental research and monitoring and observing systems. Develop focused and coordinated habitat and research activities that protect and restore living resources and water quality. + + + +

9. 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.

10. E.O. Section 203 Coordinated Implementation Strategy Three main sections • The Federal Strategy (Coordinated actions from S. 202 Reports) • Integration of Federal, State, and Local Efforts (CBP Goals 1-6) • Conclusions/ Next Steps Schedule • Draft to FLC in mid-September • Revisions through late October • Publication November 9

11. 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.

12. Sec. 205. Annual Action Plan and Progress Report Beginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan describing how Federal resources will be used to protect and restore the Bay during the upcoming fiscal year. This Plan will be accompanied by an Annual Progress Report reviewing indicators of environmental condition…. The Committee shall consult with stakeholders in developing the Action Plan and Progress Report

13. Sec. 206. Strengthen Accountability The Committee, in collaboration with State agencies, shall ensure that an independent evaluator periodically reports to the Committee on progress toward meeting the goals of this Order. The Committee shall ensure that … reports… are made available to the public by posting on a website maintained by the Chair of the Committee

14. Key Dates 14

15. Next Generation Tools and Actions To Restore Water Quality 202a • Summary of charge - recommend actions to: • Improve Clean Water Act (CWA) regulations, programs and policies • Strengthen permit programs and establish new standards of performance • Recommendations in draft report: • Create a new accountability framework setting “expectations” and tailored “consequences” to guide state and federal efforts to restore the Bay • Issue guidance under CWA 117(g) setting “expectations” for development of Clean Water Accountability Programsby the States to achieve pollutant reductions • EPA intends to initiate new rulemakings/actions under the Clean Water Act: • Set new requirements for nutrient and sediment pollution from CAFOs; • Set new requirements for sources of stormwater runoff; • Establish offset requirements for new [or expanded] sources of nutrient and/or sediment pollution; and • Implement a compliance and enforcement strategy focusing on key sectors. • Enhanced partnership between USDA and EPA to implement a “Healthy Bay –Thriving Agriculture” Initiative 15

16. Protect the Chesapeake Bay by Focusing Conservation Strategies 202b • Summary of charge - recommend actions to: • Target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws • Recommendations in draft report: • Focus public funding on the highest priority watersheds: Identify high priority watersheds and critical acres for immediate conservation action • Focus and integrate federal and state programs: Priority practices, enhance USDA-EPA coordination and ensure effective program delivery through outreach, marketing and technical assistance. • Accelerate conservation adoption: Increase financial assistance, simplify program participation and encourage private sector investment in conservation actions • Accelerate development of new conservation technologies: Increase public-private research partnerships and focus federal funding to foster innovation • Implement a sound accountability system: Establish environmental outcome measures; track, monitor and assess the conservation effects; scientifically evaluate priority landscapes and conservation needs 16

17. Stormwater Management on Federal Facilities 202c • Summary of Charge – recommend actions to: • Strengthen storm water management practices at Federal facilities and on Federal lands • Recommendations in draft report: • Implement EISA Section 438: Adopt agency-specific policies that define the administrative and management controls needed to comply with the storm water requirements for new development and redevelopment • Employ Environmentally Sensitive Design techniques for site selection and layout: Incorporate knowledge of soil types and hydrology when planning new development and redevelopment projects to maintain or restore natural hydrology. • Upgrade existing storm water management practices and install new practices on existing developed facilities: Install urban storm water retrofit on existing development where technically and economically feasible. • Install best management practices to control storm water runoff from paved roads: Identify high priority areas to install retrofit best management practices to manage storm water from existing paved roads.

18. Stormwater Management on Federal Facilities 202c • Continued Recommendations in draft report: • Institute practices to prevent and control erosion from unpaved roads: On large tracts of federal undeveloped land, implement erosion control practices on unpaved roads, trails and associated drainage ditches • Expand use of land conservation easement programs: Expand existing conservation easement programs to preserve forest land and install storm water management practices off-site where it is not technically or economically feasible to install retrofits on-site. • Improve GIS data on federal land ownership and land use: Federal agencies should report all their real estate holdings and publicly available land use data on federal lands to allow for more effective management within the context of the Bay program and to aid in implementation of the Bay TMDL. • Guidance on proven, cost-effective tools: Publish guidance that describes proven, cost-effective practices that reduce water pollution and applies to agencies managing 10 or more acres in the watershed.

19. Protect Chesapeake Bay as the Climate Changes 202d • Summary of charge - recommend actions to: • Assess impacts of a changing climate on the Chesapeake Bay • Develop strategy for adapting natural resource programs and public infrastructure • Organize and conduct research to support adaptation strategy and impact evaluation in future years (sea level rise, temperature/acidity/salinity, rainfall levels and intensity, severe storm impacts on Chesapeake Bay resources, water quality, and aquatic life) • Recommendations in draft report: • Establish a centralized Chesapeake Bay climate change coordination program to address activities and management decisions throughout the watershed • Integrate climate change concerns into the Chesapeake Bay Programactivities and strengthen legislative authority • Enhance/develop decision support tools to better understand, project, and respond to climate change and its impacts e.g. modeling, observation stations, etc  • Establish adaptation guidance for managing federal programs, managed lands, and financed state, local, and private lands • Develop a coordinated strategyfor climate change outreach and education • Develop federally coordinated plans for supporting climate change adaptations 19

20. Land Conservation & Public Access in the Chesapeake Bay Region 202e • Summary of charge - recommend actions to: • Expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed. • Recommendations in draft report: • Establish a Chesapeake Treasured Landscape Initiative to coordinate and target federal funding for landscape conservation and public access - target available funding, prioritize treasured landscapes and public access sites, develop public access throughout the Bay region • Explore new federal management units, expand existing units, potentially include a new NPS unit, expand FWS refuges, new National Forest and aquatic sanctuaries. • Provide incentives for conservation and public access, including incentives provided by the federal government through tax policy, funding, and market-based programs • Provide landscape conservation assistance and capacity building through increased technical and financial assistance to local government and land trusts • Coordinate use of regulatory tools such as wetland and stormwater permits to support land conservation, and analyze to determine if they foster protection of those landscapes efficiently. 20

21. Monitoring and Decision Support for Ecosystem Management 202f • Summary of charge – recommend actions to: • Strengthen scientific support for decision-making to restore the Bay watershed • Expand environmental research and monitoring and observing systems to address: • - Health of fish and wildlife in the Chesapeake Bay watershed • - Factors affecting changes in water quality and habitat conditions • - Planning, monitoring and evaluation to adapt management actions • Recommendations in draft report: • Focus on sustainability and adopt ecosystem-based, adaptive-management • Create an Interagency Decision Support Center that would bring together subject matter experts, decision-support tools, key science elements, and the information technology structure. • Expand partner efforts for a Chesapeake Monitoring System to provide integrated monitoring of upland watersheds, estuaries, and the coastal ocean using common standards. • Align Federal research efforts in a new Chesapeake Bay Federal Research Plan. • Improve communication products, technical assistance, and social marketing campaigns to more effectively translate scientific findings into management options and recommendations for the public, local governments, resource managers, and elected officials. 21

22. Living Resources Protection and Restoration 202g • Summary of charge - recommend actions to: • Develop focused and coordinated habitat and research activities • Identify and prioritize critical living resources • Conduct research and habitat protection activities to address species outcomes • Coordinate agency activities in estuarine waters • Recommendations in draft report: • Develop aunified watershed-wide spatial mapto drive integrated and proactive planning • Identifyoutcomes for priority species to guide placement of habitat projects • Conduct anintegrated ecosystem assessment including socioeconomic analysis • Consider establishingaquatic protected areasand network these areas with land-based preserves • Consider targeting Federal funding and technical assistance to maximize benefit for priority species • Support and implement the National Fish Habitat Action Plan • Establish an inter-jurisdictional regulatory body to manage fisheriesBay-wide • Conduct large scale oyster restorationthrough a new Bay-wide ecological strategy • Strengthen Clean Water Act, Fish and Wildlife Coordination Act and NOAA memorandum of Agreement permit reviews • Support implementation of actions in State Wildlife Comprehensive Action Plans • Develop a coordinated research and assessment strategy • Support sustained, long-term, broad-scale, multispecies monitoring frameworkto inform decision-making for priority living resources and habitats 22

23. Critical Discussion Questions • How can the “Federal Family” best demonstrate leadership and action? • What are the most important actions that we can take to achieve the goals of the EO? • What are the key strategic themes that need to be addressed? • What are the key attributes of the “coordinated implementation strategy”? • How do we engage citizens and local governments?

24. Detailed review of 202(a):The Next Generation of Tools and Actions to Restore Water Quality in the Chesapeake Bay U.S. Environmental Protection Agency

25. Water QualityPercent of Goals Achieved

26. Pollutant Sources

27. Nitrogen Loads and Targets

28. Next Generation Tools and Actions To Restore Water Quality 202a • Summary of charge - recommend actions to: • Improve Clean Water Act (CWA) regulations, programs and policies • Strengthen permit programs and establish new standards of performance • Recommendations in draft report: • Create a new accountability framework setting “expectations” and tailored “consequences” to guide state and federal efforts to restore the Bay • Issue guidance under CWA 117(g) setting “expectations” for development of Clean Water Accountability Programsby the States to achieve pollutant reductions • EPA intends to initiate new rulemakings/actions under the Clean Water Act: • Set new requirements for nutrient and sediment pollution from CAFOs; • Set new requirements for sources of stormwater runoff; • Establish offset requirements for new [or expanded] sources of nutrient and/or sediment pollution; and • Implement a compliance and enforcement strategy focusing on key sectors. • Enhanced partnership between USDA and EPA to implement a “Healthy Bay –Thriving Agriculture” Initiative 28

29. Source Sector Significance and Proposed Actions • CAFOs • Urban/suburban runoff • Non-animal ag runoff • POTWs and Industrial PS • Septics/onsites • Atmospheric

30. Animal Agriculture Description • Large-scale AFOs where animals are confined and raised in concentrated areas. Some operations regulated under CAFO rule and NPDES. Current Role/Significance • Agriculture is the largest contributor of nutrient and sediment pollution to the Bay. • Manure is the source of about half of the nutrient loading from agriculture. EPA Proposed Actions • Increasing the size of the universe of CAFOs with NPDES Permits, including: • Designating more AFOs as CAFOs • Revising existing CAFO regulations so that more animal operations qualify as CAFOs • Establishing a requirement that certain CAFOs in the Chesapeake Bay watershed must apply for NPDES permits based on a record that supports a presumption that they discharge • Issuing stronger CAFO Permits, including: • Requiring permitted CAFOs to implement “next generation” Nutrient Management Plans • Off-site transfer reporting and record-keeping. • Working with states to achieve greater nutrient and sediment reductions from current CAFO rule requirements through new guidance and implementation efforts

31. Urban/Suburban Runoff Description • Between 1990 and 2000, human population in the Bay watershed increased by 8 percent while impervious cover increased by approximately 40 percent Current Role/Significance • Approximately 10% of the total N, 31% of the total P, and 19% of the total sediment load to the Bay is from discharges of stormwater from urban and suburban areas. • Reductions in nutrient and sediment loads delivered by stormwater are necessary to meet the basin wide loading caps EPA Proposed Actions • Additional requirements to address stormwater from new development and redevelopment • Requiring retrofits in areas served by MS4s to reduce loads from existing stormwater discharges • Expanding the universe of areas regulated under the MS4 Program. • Using existing authority to ensure MS4 permits have limits and milestones that are consistent with water quality needs, and provide a clear basis for compliance assistance and/or enforcement actions as appropriate.

32. Non-Animal Ag Description • Agriculture and forest lands are the predominant land uses in the Bay watershed, however they are under increasing pressure from development. Current Role/Significance • Animal and non-animal agriculture together contribute 39% of the nitrogen, 45% of the phosphorus, and 60% of the sediment reaching Bay waters. EPA/USDA Proposed Actions • Target USDA-EPA resources in priority watersheds • Establish centerpiece projects • Advance next generation nutrient management plans • Develop technologies

33. POTWs and Industrial PS Description • Wastewater treatment facilities are sources of nitrogen and phosphorus to the Chesapeake Bay Current Role/Significance • Wastewater discharge facilities currently contribute 19% of the total nitrogen and 21% of the total phosphorus loads delivered to the Bay tidal waters. EPA Proposed Actions • Ensure that advanced nutrient removal technologies are installed to meet the facilities’ water quality-based permit limits. • Continue permit review of significant municipal and industrial dischargers in the Chesapeake Bay watershed. • Impose more stringent requirements on those municipal/industrial dischargers not meeting their milestones. • Work with states to ensure waste load allocations in the Bay TMDL are being met by wastewater facilities.

34. Onsite (Septic) Systems Description • Current estimate of 2.3 million onsite systems in the watershed, expected to increase to 3.1 million by 2030 (35% increase) Current Role/Significance • Currently contribute about 4% of the nitrogen load • Past technology is primitive, releasing 5 -10 times the N as POTWs EPA Proposed Actions • Develop model state program possibly including: • Inventory of all systems • Require upgrades or retrofits with nitrogen removing technology • Require failing systems to be replaced • Require maintenance contracts • Promote connections to public sewers

35. Atmospheric Description • Sources of nitrogen oxides include electric generating units (EGU), other industrial stationary sources, on- and off-road mobile sources (cars, trucks, ships, and tractors), lightning, and soils. Current Role/Significance • In 2002, about 87 million pounds (19%) of nitrogen load deposited on the watershed was delivered to the Bay. An additional 22 million pounds (7%) of nitrogen were atmospherically deposited directly onto the surface of the tidal Bay’s waters. EPA Proposed Actions • Implement an agenda for reducing nitrogen emissions. • Continue working to update and improve the national emissions inventory, improve modeling of ammonia deposition, and accurately project reductions in total nitrogen deposition from the most recent proposed regulations and standards. • Establish air deposition allocations as part of the load allocations for the Bay TMDL.

36. Bay Program Highlights • Core Program Functions • Enhancing Performance and Accountability • TMDL • New Organization • Budget • Independent Evaluator • GAO/IG response (e.g. engaging locals) • Reauthorization of the Bay Program • Leadership of the Executive Council

37. Chesapeake Bay Program OfficeFY ’09 Budget Summary • Implementation Grants • $9 million (29%) • Innovative Implementation Grants • $6.5 million (21%) • Monitoring and Technical Assistance and Support • $8.3 million (27%) • Small Watershed Grants • $2 million (6%) • Office Ops., IT Support, Travel • $2.1 million (7%) • Personnel, Compensation, Benefits • $3 million (10%) Total FY’09 = $30.9 million

38. CBP Organizational Structure and Leadership 9-15-09 Citizens’ Advisory Committee Chair - Jim Elliot Hunton/Williams Independent Evaluator NAS Chesapeake Executive Council Chair - Governor Tim Kaine, VA Principals’ Staff Committee Chair - Preston Bryant, VA Local Government Advisory Committee Chair - Tommy Wells D.C. Council Management Board Chair - Jeff Lape, EPA ActionTeams Monitoring Realignment Chair – Tango, USGS Staff – Goodwin, CRC Scientific & Technical Advisory Committee Chair - Doug Lipton UMD Goal Implementation Teams Technical Support & Services Protect & Restore Fisheries Protect & Restore Vital Aquatic Habitats Protect & Restore Water Quality Maintain Healthy Watersheds Foster Chesapeake Stewardship Enhance Partnering, Leadership & Management Dennison UMd Bennett USGS Shenk EPA Goodwin CRC Chair ViceChair Cdtr Staff Robertson NOAA O’Connell MdDNR Green UMd Vitali CRC • Miranda • USFWS • Marczyk • NGO(DU) • Greiner • USFWS • Freeman • CRC Korancai (co-chair) EPA Hansen (co-chair) UDel Antos EPA Streusand CRC Bryer NGO(NC) Hall MdDOP Fritz EPA Robinson CRC Maounis NPS Barrett PaDCNR Handen NPS Hopkins CRC Edward EPA Foreman VaDCR Allen EPA Harris CRC Implementation Workgroups (TBD) Implementation Workgroups (TBD) Implementation Workgroups (TBD) Implementation Workgroups (TBD) Implementation Workgroups (TBD) Implementation Workgroups (TBD)