Presented by: Barton G. Jones, P.E. Strand Associates, Inc. 4433 Professional Parkway

1. “Future Stormwater Permitting Will Change The Focus Of Stormwater Management Programs…WILL YOU BE READY ?” Central Ohio Stormwater Expo Columbus, Ohio February 28, 2012 Presented by: Barton G. Jones, P.E. Strand Associates, Inc. 4433 Professional Parkway Columbus, Ohio 43125 Email: bart.jones@strand.com Phone: 614.835.0460

2. Overview of Presentation Significant CWA Milestones Affecting Today’s Discussion Water Quality Stressors And Pollutant Sources Future Tensions Affecting Stormwater Management USEPA Acknowledges MS4/TMDL/NPDESShortfalls USEPA’s Reaction Regarding Future Stormwater Control Resultant Impacts To, And Potential Next Steps For, MS4s Appeals Court Ruling Respecting Stormwater Management

3. 10/18/72 CSO FCA Guidance CSO Control Policy Today’s Discussion 2/28/2012 USEPA UAA Symposium Existing Uses Significant CWA Milestones(A Brief History Of Time) Effective Stormwater Permitting 11/28/75 12/22/87 4/19/94 2/97 6/02 CWA “In The Beginning” WQS Regulations TMDL Rule Effective “Interim” Economic Guidance for WQS USEPA TMDL Rules TMDLs Required 11/8/83 10/22/92 7/00 3/95 4/03

4. Water Quality Stressors Have Shifted Over Time* * USEPA Office of Science & Technology, Sept. 2010

5. Pollutant Sources Have Also Shifted* * USEPA Office of Science & Technology, Sept. 2010

6. Why Has Nutrient Impairment Gained Importance ? Drinking Water NO3-N Violations Have Doubled Since 2005 Gulf Of Mexico Hypoxia Zone Chesapeake Bay Impairment

7. NO3-N Drinking Water Concern

8. Gulf Of Mexico Relative Nutrient Source Contributions* * USEPA Office of Science & Technology, Sept. 2010

9. Chesapeake Bay Relative Nutrient Source Contributions* * USEPA Office of Science & Technology, Sept. 2010

10. Most Water Quality Pollutants Are Now Delivered By Wet Weather Rural/Exurban - NPS Urban/Suburban – MS4

11. Additional Tensions Affecting Future Stormwater Management Programs* 80% Of U.S. Population Reside on 10% of Land Population To Increase ~ 135 Million Over Next 40 years 50% Of Urban Areas Will Be Redeveloped by 2030 30% Of Future Housing Stock Not Yet Built * USEPA Office of Science & Technology, Sept. 2010

12. USEPA Admits Improvement Needed And Will Increase Control Via CWA Authority Regulated Community Should Expect To See Additional Controls In All NPDES Permits During Subsequent Renewals

13. 10/18/72 CSO FCA Guidance Today’s Discussion CSO Control Policy USEPA MEMO 2/28/2012 USEPA UAA Symposium Existing Uses …So, What’s USEPA’s Reaction ?(A Briefer History Of Time) StormwaterPermitting Effective 11/12/10 11/28/75 12/22/87 4/19/94 2/97 6/02 CWA “In The Beginning” TMDL Rule Effective WQS Regulations “Interim” Economic Guidance for WQS USEPA TMDL Rules TMDLs Required 11/8/83 10/22/92 7/00 3/95 4/03

14. The “Memo” • Providing Numeric WQBELs in NPDES Permits For Stormwater Discharges Into Impaired Waters • Disaggregating Stormwater Sources In A WLA • Using Surrogates For Pollutant Parameters When Establishing Targets For TMDL Loading Capacity • Designating Additional Stormwater Sources To Regulate November 12, 2010 USEPA Memorandum Entitled “Establishing TMDL Waste Load Allocations (WLAs) For Stormwater Sources and NPDES Permit Requirements Based On Those WLAs”

15. New Regulatory Framework • Publication Of Draft Stormwater Rule Has Been Postponed Multiple Times From October 2011. New Schedule Expected In March 2012 With Draft Rule Anticipated To Be Released This Fall • Expected To Address The 4 Broad Categories Identified In USEPA’s November 12, 2010 Memo; Plus No Distinction Between Phase 1 and 2 Communities; And No Combined Sewer System Exclusion…”Devil In The Details” • By Court Order, Final Stormwater Rule To Be Published In November 2012. Now Expected To Slip With Court’s Approval. • USEPA/USCOE (With Court Approval) Attempting To Expand Definition of “TNW” Which Is The Legal Threshold For CWA Protection

16. What Does This Mean For Stormwater Management Programs ? 1. Paradigm Shift From The Technology-Based 6 Minimum Control Measures (MCMs) Implemented To The Maximum Extent Practical (MEP) To Water Quality-Based Performance Standards, Such As: • End of Pipe Discharge Limits • Mandated Use of Green Infrastructure • Flow Control (Pre-development Hydrology) • Impervious Area Budgets 2. Beginning With MS4 Permit Renewals } Pollutant Surrogates

17. What Does This Mean For Stormwater Management Programs ? 3. Stormwater Management Costs Are Expected To Escalate Each Permit Cycle ($<$$<$$$...<$n) 4. Significant Revisions To Stormwater Management Programs And Ordinances Will Be Necessary To Meet New Regulations 5. Consider Creating A Stormwater Utility To Pay For New Stormwater Management Responsibilities 6. Consider Developing And Implementing A Wet Weather Water Quality Monitoring Plan To Document Baseline Conditions Now And Compliance With Water Quality Standards In Future

18. What Does This Mean For Stormwater Management Programs ? 7. For Impaired Waters, Consider Development of 3rd Party TMDLs Or Peer Review TMDLs Developed By OEPA Or OEPA’s Contractor(s) 8. Consider Need To Install Green Infrastructure Now, Particularly As Pilot Projects, To Document Efficiency And O & M Costs Which Will Support Alternatives Analyses Using Business Case Evaluation Techniques 9. Consider Performing Stormwater Infrastructure Inventory And Condition Assessments Now In Order To Develop And Implement A Stormwater Asset Management Program

19. Appellate Court Ruling May Further Impact Stormwater Management March 10, 2011; U.S. Court of Appeals For The 9th Circuit Ruling: Affirmed by Court on July 13, 2011 • Court Agreed That MS4s Are Responsible For All Pollutants Discharged From The System, Even Those That Originate Outside the MS4 • Court Agreed That MS4s Are Bound By Pollution Limits In Their MS4 Permits And TMDLs

20. The Stormwater Management Psychological Dichotomy From The Regulators Perspective… To Dream The Impossible Dream* To Fight The Unbeatable Foe To Bear With Unbearable Sorrow To Run Where The Brave Dare Not Go “Quixotic” - adj. Striving for visionary ideals. To Right The Unrightable Wrong To Love Pure And Chaste From Afar To Try When Your Arms Are To Weary To Reach The Unreachable Star * Lyrics By Joe Darion From The Regulated Communities Perspective… There Is Nothing More Difficult To Take In Hand, More Perilous To Conduct, Or More Uncertain In Its Success, Than To Take The Lead In The Introduction Of A New Order Of Things* * Niccolo Machiavelli

21. QUESTIONS ? Presented by: Barton G. Jones, P.E. Strand Associates, Inc. 4433 Professional Parkway Columbus, Ohio 43125 Email: bart.jones@strand.com Phone: 614.835.0460