The Commonwealth’s Draft Phase III Watershed Implementation Plan

1. The Commonwealth’s Draft Phase III Watershed Implementation Plan Exploring VIRGINIA’S plan To Restore THE CHESAPEAKE BAY AND ITS TRIBUTARIES

2. How Healthy is your Bay?

3. Virginia Achieves Midpoint Clean Water Goals for Nitrogen

4. Virginia’s 2018 Water Quality Assessment Integrated Report (IR)- Highlights • Improvements seen in the several Bay segments, James and Rappahannock • Hypoxia continues to be an issue in portions of the Bay

5. Chesapeake Bay and Tidal Tributaries - Highlights The SAV restoration target is 77,463 acres. The 2018 IR will be the first time we can report over half (55%) of the overall sum of segment-specific SAV acreage goals was achieved.  

6. Governor Ralph S. NorthamApril 4, 2018, Environment Virginia, VMI • “Our DEQ experts tell us that at our current Bay restoration pace, we will fall millions of pounds short of our goals to reduce nitrogen and phosphorus. So my Administration is committed to preparing a new cleanup plan that incorporates input from local decision makers, prioritizes nature-based solutions, and tackles the impact of climate change on our clean water goals.”

7. VIRGINIA’S PHASE III WATERSHED IMPLEMENTATION PLAN GOALS • Restore the Chesapeake Bay. • Achieve state basin planning targets for the Potomac, Rappahannock, York, and James Rivers and the Eastern Shore. • Achieve our goals no later than December 31, 2025. • Tackle additional pollution expected from growth. • Tackle the impacts of climate change. • Continue to engage partners, including local governments, planning district/regional commissions, and soil and water conservation districts. • Develop a plan that is practical and cost effective. • Maximize the potential for co-benefits. • Meet the Environmental Protection Agency’s expectations.

8. EPA Expectations for the Phase III Watershed Implementation Plans (June 20, 2018) • By 2025, implement best management practices to reach planning targets for nitrogen and phosphorus reductions • Develop programmatic and numeric implementation commitments • Engage local, regional and federal partners • Incorporate co-benefits • Establish local area planning goals

9. Virginia Major Basin Planning TargetsMillions of Pounds per year

10. Local Area Planning Goals Developed at the Planning District Commission Scale Developed Lands (non-MS4, non-federal) Septic Sector Natural Sector (Stream and Shoreline) Developed at the Soil and Water Conservation District Area Scale Agriculture Natural (Harvested Forest, Stream and Shoreline) • Derived from Phase 2 WIP • Run in new Phase 6 model • Run on 2025 forecasted conditions • Satisfies Planning Targets • Accounts for Growth • Accounts for Climate Change

11. Overview of parties involved in the WIP III effort

12. SWCDs

13. Key Recommendations for the Agriculture Sector • Address horse pasture management • Increase participant caps • Bundle practices • Increase tax credits • Cover crop flexibility • Animal waste facility lifespans • Stream protection - flexibility • Forestry – planting flexibility • Nutrient management - document • Greatest agricultural BMP needs in Bay watershed: • Animal waste facilities • Grass and forested buffers • Cover crops • Nutrient management (all types) • Poultry litter transport • Livestock stream exclusion • Move towards regionalized BMP priorities by fy2021

14. Restore the Chesapeake Bay.Achieve state basin planning targets for the Potomac, Rappahannock, York, and James Rivers and the Eastern Shore.Achieve our goals no later than December 31, 2025.Tackle additional pollution expected from growth.Tackle the impacts of climate change.Continue to engage partners, including local governments, planning district/regional commissions, and soil and water conservation districts.Develop a plan that is practical and cost effective.Maximize the potential for co-benefits. Meet the Environmental Protection Agency’s expectations. PDCs

15. Top PDC Recommendations – BMPs

16. Top PDC Recommendations – Programmatic Actions

17. Building to the Planning Targets

18. Virginia’s Progress and Draft Phase III WIP Source Sector Reductions (Nitrogen)

19. The Draft Phase III WIP – Overview of the Plan Chapter 7. State Policy Initiatives Chapter 8. Watershed Implementation Plans by Basin Chapter 9. Cost Estimates and Funding Sources Chapter 10. Next Steps to Implementation Chapter 11. What Can You Do? Appendices Chapter 1. Introduction Chapter 2. Significant Advancements Resulting from Phase I and Phase II WIPs. Chapter 3. Virginia’s Goals for the Phase III WIP Chapter 4. Climate Change Mitigation Resilience Chapter 5. Planning Targets and Local Area Planning Goals Chapter 6. Phase III WIP Local Engagement

20. The Draft Phase III WIP – Overview of New State Initiatives Update and Fully Fund the Virginia Agricultural BMP Cost Share Program; Cost Share and Technical Assistance Enhance Funding Opportunities through the Agricultural BMP Loan Program and Tax Credits Enhance Coordination Among State and Federal Agencies Assisting Farmers Seek 85 % Implementation of NMPs on Cropland Through Cost Share, Improved Documentation and Reporting, and Increased NMP Certifications Additional Livestock Stream Exclusion on Perennial Streams Promote Adequate Land Area for Horses Consistent with VCE Recommendations and Provide Financial Incentives Increase Grass and Forest Buffers through CREP and state cost share Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

21. VDACS Agency Initiatives for the Chesapeake Bay Phase III WIP- Agriculture • Pilot long term marketing plan to promote certain farm products grown on farms that participate in the RMP program • Enhance verification of BMPs implemented as a result of the Agricultural Stewardship Act (ASA) • Support growth of private sector native plant nurseries and oyster aquaculture

22. The Draft Phase III WIP – Overview of New State Initiatives Achieve Additional Reductions from Significant Municipal WWTPs. Technology Reg requiring 4 mg/l TN and 0.3 mg/l TP with exceptions for UOSA, Lynchburg, Richmond and Hopewell. Other special considerations for SWIFT, etc. More cost effective alternatives? 41 of 87 Significant POTWs have upgraded to target levels York and James Basins most affected Target Date: TBD Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

23. The Draft Phase III WIP – Overview of New State Initiatives Enhance Reporting of BMP Implementation Fund VCAP; Fund SLAF; Define SLAF Needs Establish Long-Term Partnership with PDCs Expand Healthy Virginia Lawns Program Pilot Urban NMP for Virginia Youth Promote Proper Use of Lawn Fertilizer Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

24. The Draft Phase III WIP – Overview of New State Initiatives Incorporate nutrient management planning into ESC requirements DEQ to amend ESC Regulations (9VAC25-830) to require nutrient management planning when establishing permanent vegetative cover Applies to regulated LDAs ≥ 1 acre Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

25. The Draft Phase III WIP – Overview of New State Initiatives Re-evaluate post-construction water quality requirements under the VSMP DEQ to re-examine water quality design criteria standards (9VAC25-870-63 C) Does 0.41 lbs TP/ac/yr continue to satisfy TMDL offset requirement? Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

26. VDACS Agency Initiatives for the Chesapeake Bay Phase III WIP- Developed Lands • Audit and verify contractor-applicator reports of fertilizer applied to urban lands • Verify 10% of reported acres annually • Expand annual reporting threshold to 50 acres of non-ag lands receiving fertilizer • Increase the civil penalty for failure to comply with the regulations • Provide local governments with the option to assist in enforcement of the contractor applicator program

27. The Draft Phase III WIP – Overview of New State Initiatives Establish Wastewater Infrastructure Work Group Pilot Shifting Oversight of Septic Maintenance from Local Governments to Virginia Department of Health Designate VDH as a State Certifying Authority and Provide State Tax Exemptions Extend Nitrogen Limits to Large Conventional Onsite Septic Systems Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

28. The Draft Phase III WIP – Overview of New State Initiatives Request Reporting of Sewer Connections by Wastewater Utilities DEQ to amend Sewage Collection and Treatment (SCAT) Regs (9VAC25-720) to require reporting of all septic systems taken off-line and connected to sewage collection systems Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

29. The Draft Phase III WIP – Overview of New State Initiatives Carbon Trading Regulations; Volkswagen Diesel Emission Mitigation Settlement Coastal Resilience Master Plan Develop a State Lands WIP Establish Work Group to Study Expansion of the Chesapeake Bay Preservation Act Nitrogen Reducing Bioreactors Agriculture Wastewater Developed Lands Septic Systems Multiple Sectors

30. Forestry - Implement DOF/RRBC Healthy Watersheds Initiative • Policy Tools: • Raise benefit expectations among local governments and citizens regarding value of forestland retention in the design and planning of new development • Working with localities, build effective policy standards and guidance • Meet both development and water quality needs for localities Financial Tools: • Develop, model and pilot long-term funding mechanisms supported by the private sector that may be scaled up and implemented on a landscape scale.

31. Forestry - Improve Technical Assistance, Collaboration and Oversight of Stream Protection Projects. Increase Riparian Forest Buffers. • Continue to provide oversight on every timber harvesting operation to ensure BMPs are being utilized. • Promote the Riparian Forest Buffer Tax Credit on tracts where timber is being harvested and a buffer is voluntarily retained. • Promote land conservation projects where stream protection is a main criteria for selection. • Continue to seek funding for Riparian Forest Buffer establishment such as the Middle James River Project working with the James River Association.

32. Forestry - Urban Tree Canopy Expansion • Working to develop a reporting mechanism for our partner groups to report Urban Tree plantings • Already have a funding program in place, “Virginia Trees for Clean Water” Program that provides project funding for Urban Riparian Forest Buffer establishment, trees for Storm Water Projects and other urban tree / green infrastructure planting projects • VDOF Urban Program has been helping localities with Urban Tree Canopy assessments and helping them establish canopy goals • Urban Wood Program is helping with removal and utilization of diseased trees • A dedicated funding source is essential for program success!

33. The Draft Phase III WIP – Public Comment Process • Comments accepted by email and USPS through June 7th. • Response to Comments will be posted on DEQ web sites. • Final Phase III WIP will be posted no later than August 9th on DEQ and SNR web sites.

34. The Commonwealth’s Draft Phase III Watershed Implementation Plan Questions and Answers