ENTITY and DATE HERE

Tampa Bay Tampa Bay Nitrogen Management Nitrogen Management

Consortium TMDL and Consortium TMDL and Reasonable Assurance Reasonable Assurance

OverviewOverview

Why is this needed?Why is this needed?• 1972 Clean Water Act requires that 1972 Clean Water Act requires that

pollution limits be set for waterbodies pollution limits be set for waterbodies in the Countryin the Country

• TTotal otal MMaximum aximum DDaily aily LLoads are the oads are the regulatory “yardstick” permitted regulatory “yardstick” permitted discharge limits are required to meetdischarge limits are required to meet

• Applies to both permitted dischargers Applies to both permitted dischargers (wastewater plants, stormwater (wastewater plants, stormwater systems) & unpermitted sources systems) & unpermitted sources (agriculture, atmospheric inputs, (agriculture, atmospheric inputs, groundwater/springs, etc.)groundwater/springs, etc.)

Regulatory SettingRegulatory Setting

• In 1998, EPA set Nitrogen In 1998, EPA set Nitrogen TMDLTMDLs in s in

Tampa Bay based on loading Tampa Bay based on loading

estimates from 1992-1994estimates from 1992-1994

• The Tampa Bay The Tampa Bay TMDL TMDL goal is to goal is to

protect water quality by limiting protect water quality by limiting

nitrogen discharges to the “yardstick”; nitrogen discharges to the “yardstick”;

i.e., the 1992-1994 loadsi.e., the 1992-1994 loads

Tampa Bay Reasonable Tampa Bay Reasonable AssuranceAssurance

• State FDEP uses the NMC Reasonable State FDEP uses the NMC Reasonable

Assurance as the measurement for Assurance as the measurement for

achieving water quality targetsachieving water quality targets

• The Tampa Bay Nitrogen Management The Tampa Bay Nitrogen Management

Consortium’s 50+ public & private Consortium’s 50+ public & private

entities cooperatively developed an entities cooperatively developed an

equitable approach to maintain equitable approach to maintain

adequate bay water qualityadequate bay water quality

NMC Activities Since 2008NMC Activities Since 2008

• Fairly assign nitrogen discharge amounts Fairly assign nitrogen discharge amounts

(allocations) to all entities and sources to (allocations) to all entities and sources to

ensure TMDL “yardstick” is metensure TMDL “yardstick” is met

• Multiple day-long meetings (20+) have been Multiple day-long meetings (20+) have been

held since January 2008held since January 2008

• Extensive scientific analyses have been Extensive scientific analyses have been

conducted to identify fair allocations of conducted to identify fair allocations of

nitrogen dischargenitrogen discharge

The Good NewsThe Good News

• Tampa Bay water quality is being Tampa Bay water quality is being

maintained at target levelsmaintained at target levels

• Unlike for most other areas in Unlike for most other areas in

Florida, nitrogen allocations for Florida, nitrogen allocations for

Tampa Bay are not “cutbacks.” Tampa Bay are not “cutbacks.”

They do not require expensive They do not require expensive

investments to achieve.investments to achieve.

The Difficult NewsThe Difficult News• Proposed allocations are equal to the Proposed allocations are equal to the

regulatory “yardstick” (no breathing room regulatory “yardstick” (no breathing room

for new or expanded sources)for new or expanded sources)

• Future growth will require projects and/or Future growth will require projects and/or

transfers to offset any nitrogen increasestransfers to offset any nitrogen increases

• Revision of regulatory “yardstick” (TMDL) is Revision of regulatory “yardstick” (TMDL) is

possible but will require future possible but will require future

effort/expenseeffort/expense

Next StepsNext StepsOn September 11th, Consortium On September 11th, Consortium

participants conducted a roll call vote participants conducted a roll call vote to approve:to approve:

1.1. Submittal of the Final 2009 Tampa Submittal of the Final 2009 Tampa Bay Reasonable Assurance Addendum Bay Reasonable Assurance Addendum to FDEP; andto FDEP; and

2. Agreement to forward the 2009 2. Agreement to forward the 2009 Declaration to their entity’s Declaration to their entity’s appropriate authority, for their appropriate authority, for their consideration prior to January 1, 2010.consideration prior to January 1, 2010.

2009 Declaration2009 Declaration

The undersigned Consortium participant hereby accepts the 2009 Tampa Bay Reasonable Assurance Addendum and agrees with the undersigned Consortium participant’s nitrogen load allocations established by the Consortium for the 2008-2012 Reasonable Assurance period (as described in Exhibit “A”).

ImplicationsImplications

• Accepted allocation limits will result in Accepted allocation limits will result in wastewater plants & stormwater wastewater plants & stormwater permits that are based on loading permits that are based on loading levels for 2003-2007levels for 2003-2007

• New or expanded nitrogen sources will New or expanded nitrogen sources will have to show offsets to be permittedhave to show offsets to be permitted

• Consortium collectively defined Consortium collectively defined allocations, rather than regulatory allocations, rather than regulatory agenciesagencies

CONCURRENT ACTIVITIESCONCURRENT ACTIVITIES• Tampa Bay Reasonable Assurance Tampa Bay Reasonable Assurance

including TMDL allocations (this process)including TMDL allocations (this process)

• Other Regulatory Activities:Other Regulatory Activities:• FDEP: Tampa Bay Watershed TMDLs (100+ FDEP: Tampa Bay Watershed TMDLs (100+

for lakes and streams)- finals announced, for lakes and streams)- finals announced, public hearings held. Most finals due Jan public hearings held. Most finals due Jan 2010.2010.

• FDEP: Surface Water Classification FDEP: Surface Water Classification revisions- public workshop held in August.revisions- public workshop held in August.

• FDEP/EPA: Numeric nutrient criteria- draft FDEP/EPA: Numeric nutrient criteria- draft freshwater criteria out for review; marine freshwater criteria out for review; marine criteria due in 2011.criteria due in 2011.

SUMMARY POINTSSUMMARY POINTS1. ALLOCATIONS ARE REQUIRED

2. SOUND TECHNICAL BASIS

3. STANDARDIZED EQUITABLE ALLOCATIONS

4. PROCESS AND ALLOCATIONS DEVELOPED BY CONSORTIUM PARTICIPANTS

5. COLLECTIVE COST-EFFECTIVE PROCESS

6. PROVEN RESULTS. Annual water quality targets met 86.5% of the time. Seagrass coverage expanded by almost 10% (2,730 acres).