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Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

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Page 1: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Chesapeake Bay and

New York State

Water Quality and the

Potential for Future Regulations

Presented by the

Upper Susquehanna Coalition

Page 2: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

The Topic of Discussion

New York is going to be involved with helping improve the water quality of the Chesapeake Bay.

Today”s presentation will try to explain some of the background on this issue and some of the potential ramifications.

Page 3: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

• Coalition of 14 Counties in NY and PA formed in 1992 7500 sq. mi.

• Headwaters of the Susquehanna River

• All USC counties agreed to “work on water quality projects of mutual interest”

• Includes staff from County Water Quality Committees, Soil and Water Districts, County Planners, Cooperative Extension, Town Supervisors, County Health, Local Lake Associations

Upper Susquehanna Coalition - The Messenger - Who are we?

Page 4: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Upper Susquehanna Coalition: What do we do?

• Develop watershed plans to address local nonpoint source water quality issues

• Provide advice to residents on soil and water conservation issues

• Provide technical support to other county, state and federal agencies

• Install Best Management Practices on farms

• Stabilize erosion on streams, road ditches, road banks and other problem areas

• Build wetlands to reduce flooding and improve water quality

Page 5: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

The Chesapeake Bay Watershed:

Covers 64,000 sq mi

Includes 6 states and Washington D.C.

New York contains the headwaters of the Chesapeake Bay

PA

MD

VA

WV DE

NY

Page 6: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

There are parts of 19 NY Counties in the Chesapeake Bay Watershed

Page 7: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Chesapeake Bay Program

In 1983 a multi - state partnership formed to work toward a voluntary restoration of the Bay

The original Program

Members are EPA, D.C.,

PA, VA, MD.

NY, WV, DE signed

an agreement in 2000

to help with water

quality aspects

of the Program

Maryland

Delaware

New York

District of Columbia

Virginia

West Virginia

Pennsylvania

Chesapeake Bay Watershed Boundary

Page 8: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Chesapeake Bay Program

Under the Federal Clean Water Act the Bay is considered “impaired waters” and the Chesapeake Bay Program began to address that issue

Info Source:Chesapeake Bay ProgramImpaired Water

Page 9: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

The entire watershed contributes

nutrients and sediments that

lead to the

impairment of the Bay

Info Source:Chesapeake Bay Program

50% of the Bay’s fresh water

Page 10: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

What are the pollutants of concern for the Chesapeake Bay and their major sources?

Pollutants:• NITROGEN - supports algae blooms in salt water resulting in low dissolved

oxygen (the real problem) when the algae dies• PHOSPHORUS - supports algae blooms in fresh water resulting in low

dissolved oxygen (the real problem) when the algae dies• SEDIMENT - directly smothers aquatic plants and animals and indirectly

impacts all living resources by reducing light

Sources:• Urban runoff, sewage treatment plants, septic systems• Runoff from agricultural operations• Runoff from forests• Info Source:Chesapeake Bay Program

Page 11: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Nitrogen Loads Delivered to the Chesapeake Bay by Jurisdiction

109.21

77.80

7.15 5.02 3.58

56.74

18.23

0

20

40

60

80

100

120

PA VA MD NY WV DE DC

(million lbs/

year)

2002

39 %

28 %

20%

7 %

3 % 2 % 1%

Info Source:Chesapeake Bay Program

Page 12: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Sediment Loads Delivered to the Chesapeake Bay by Jurisdiction

1.112

2.379

0.3410.006

1.011

0.145 0.0550.0

0.5

1.0

1.5

2.0

2.5

PA VA MD NY WV DE DC

(million t

ons/

year)

2002

22%

47%

20%

3%7% 1% >1%

Info Source:Chesapeake Bay Program

Page 13: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

The entire watershed contributes

nutrients and sediments that

lead to the

impairment of the Bay

Info Source:Chesapeake Bay Program

50% of the Bay’s fresh water

Page 14: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Why is this important to New Yorkers?• A recent lawsuit has resulted in a court order to cleanup the Bay.

This lawsuit will require EPA to enact a Total Maximum Daily Load (TMDL) for the Chesapeake Bay and its Watershed, including NY by 2011.

• The TMDL sets a maximum limit for pollutant levels in a Waterbody and these levels are reached and maintained through permits and other regulatory means.

• Municipalities, businesses, farmers, residents and others who produce sediment or nutrients could be affected.

• Regulations could impact the Local Economy

Page 15: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Total Maximum Daily Loads (TMDLs)For Individual Pollutants

• Required under Section 303 (d) of the Clean Water Act

• TMDL = WLA + LA + MOS

• TMDL - A water body’s loading capacity for a particular pollutant

• WLA - Sum of point source waste load allocations

• LA - Sum of non-point source load allocations

• MOS - Margin of Safety

Page 16: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Total Maximum Daily Loads (TMDLs)Why avoidance is Good

• Prevent out of state regulatory control

• Mitigate the need for sweeping permit

changes

• Allow those who are impacted local control

and decision making

Page 17: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

But, There is Some Good News…• “The Chesapeake Bay Program partnership has

agreed to develop and carry out a cooperative approach to remove water quality impairments by 2010. This will allow them more flexibility in how they restore the Bay without restrictive TMDL regulations." Info Source:Chesapeake Bay Program

• The Challenge: Clean up the Bay by 2010 and avoid regulations in 2011

Page 18: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

NY Agreed to Help

In 2000, Governor Pataki joined executives from the other Chesapeake Bay Watershed states and the federal government in agreeing to:

• “Work cooperatively to achieve a clean Chesapeake Bay by 2011”

• “Provide for public participation”

• “Collaborate on the development and use of innovative measures to achieve the necessary reductions”

Page 19: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

A Window of Opportunity

We should take advantage of this unique “Window of Opportunity” to develop our own strategy to address this potential regulatory issue.

Page 20: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Info Source:Chesapeake Bay Program

New York Goals developed by the CBP,

based on Computer Model and Water Sampling Information

Page 21: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Approach: Develop a plan that helps the Bay meet its clean water standards and avoid a

regulatory TMDL

• Inform stakeholders, get feedback, challenge them to help

• Develop a plan that addresses economic development as well as water quality issues

• Develop a plan that helps local communities first and second, has downstream benefits

• Account for our past good practices to help get us closer to the goal

• Lobby for federal funds to support the increased efforts that will be needed to accomplish the necessary tasks

Page 22: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

Tributary Strategy Development

Three Work Groups have started to help DEC develop the NY Tributary Strategy:

• OUTREACH GROUP

• SCIENTIFIC SUPPORT GROUP

• STRATEGY ADVISORY GROUP

Page 23: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

OUTREACH

• We are giving presentations to discuss the issue and solicit feedback and questions

• We will hold informational meetings on the strategy after a draft is developed to gain further input

• We suggest interested individuals subscribe to the “Bay Journal” a free publication which can keep them informed on all aspects of this issue.

Page 24: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

SCIENTIFIC SUPPORT• We are in the process of documenting all past

practices that have resulted in nutrient and sediment reductions to take full credit for these activities

• We are reviewing the Chesapeake Bay Watershed Model to ensure it accurately describes NY contributions

• We are partnering with University researchers to investigate other models, practices and approaches that will help NY more easily reach it goals

Page 25: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

STRATEGY ADVICE

• We are soliciting individuals from all of the major stakeholder groups to help suggest what should be in the Strategy

• We are providing information to New York’s member of the “Bay Blue Ribbon Panel”, a group which is soliciting funding support from Congress

Page 26: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

What can Stakeholders do?• Understand the issue - visit

www.chesapeakebay.net

• Inform others

Page 27: Chesapeake Bay and New York State Water Quality and the Potential for Future Regulations Presented by the Upper Susquehanna Coalition

More Information?

Upper Susquehanna CoalitionWeb Site: www.u-s-c.org

James Curatolo Watershed Coordinator

[email protected]

Chesapeake Bay ProgramWeb Site: www.chesapeakebay.net