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Update: Virginia’s Stormwater p g
Management Regulationsg g
b 9 2009December 9, 2009
Virginia Soil & Water Conservation Board
Adopts Final RegulationsAdopts Final Regulations
Parts I, II, and IIIa ts , , a d
Virginia Stormwater Management Program(VSMP) Permit Regulations
January 14, 2010
Virginia Soil & Water Conservation Board
Suspends
Parts I, II, and III
Virginia Stormwater Management Program(VSMP) Permit Regulations
July 23, 2010
Regulatory Advisory Panel (RAP)
meets to discuss issues with
Virginia Stormwater Management Program (VSMP) Permit Regulations
RAP Issues - VSMP Permit Regulations
GrandfatheringgOffsets/CreditsW t Q litWater QualityWater QuantityQ y
Local Program Criteria (Part III)
Grandfatheringg
No Blue BlobsPlans to have SWM calculations
BMPs to have design specifications
Permit Coverage - July 1, 2014
Grandfathered - June 30, 2019
Water Quality - Phosphorus
Proposed by RAPNew Development - 0 41 lbs/acre/yrNew Development 0.41 lbs/acre/yr
(forest load included)
Prior Developed LandsVariable % Improvement
Water Quantity - Channel ProtectionWater Quantity - Channel Protection
Manmade Conveyance System
Restored Conveyance Systemy y
Natural Conveyance SystemNatural Conveyance System
Water Quantity
Energy Balance Equation
Qdev < I.F.*[Qpre*RVpre] / RVdev
I.F. = 0.8 for > 1acreI.F. = 0.9 < 1 acre
Qdev < QpreQdev < Qpre
Water Quantity
1% Rule
Watershed vs Site Area
Watershed vs Site Peak Flow Rate
Offsets/CreditsOffsets/Credits
New Development> 5 acres disturbance or load reduction > 8 lbs
75% on site
New Development< 5 acres disturbance or load reduction < 8 lbs< 5 acres disturbance or load reduction < 8 lbs
All through offsets
Offsets/Credits
Prior Developed LandsDisturbance > 5 acresDisturbance > 5 acresLoad reduction > 8 lbs
10% i10% on siteRemainder through offsets
St t M t PStormwater Management Program Administration
Localities with MS4 permits and localities within the CBPA Area
t d t l l t t
All other localities may elect to adopt a local SW construction
(O t i ) Oth imust adopt a local stormwater management program. (yellow)
program (Opt-in). Otherwise, DCR will operate a program within a locality. (red)
#S
HANO VER
#S
#S#S
HANO VER
#S#S
Locality / DCR Program
Locality / DCR Programs - Different
Revised Language to Reflect Difference
Addressed Locality & DCR Needs
Contact InformationL Hill A i iLee Hill, Assistant Director
Stormwater Management ProgramsDivision of Soil and Water ConservationDivision of Soil and Water Conservation
Department of Conservation and Recreation
[email protected](804) 786-3998
www.mcguirewoods.com
The Chesapeake Bay TMDL and Stormwater in Virginia
Presented by:Heather N. Stevenson, Counsel
McGuireWoods LLP
Richmond, VA
McGuireWoods LLP | 2
VERY FAST
Overview
•
Bay TMDL Basics
•
Development of the Bay TMDL
•
Recent appeal of the Bay TMDL
McGuireWoods LLP | 3
Chesapeake Bay Watershed
•
64,000 square mile watershed•
Includes parts of . . .–
Virginia
–
Maryland
–
Delaware
–
District of Columbia
–
Pennsylvania
–
New York
–
West Virginia
McGuireWoods LLP | 4
Bay Water Quality
• Poor water quality that has been declining for many years• Degraded habitats• Low fish and shellfish populations• Primary culprits:
– Excessive loads of nitrogen, phosphorus, and sediments– Agriculture: largest source of nutrients and sediments– Other sources: point sources, airborne sources, non-point sources
other than agriculture
McGuireWoods LLP | 5
What is a TMDL?
•
TMDL means “total maximum daily load”
•
A TMDL is comprised of (i) wasteload allocations
for point sources like sewage
treatment plants, urban stormwater systems and large animal feeding operations, (ii) load allocations
for non-point sources such as
polluted rainfall runoff from agricultural lands, and (iii) a margin of safety.
McGuireWoods LLP | 6
Bay TMDL Basics
•
TMDL required by –
Impaired waters listings
–
Federal consent decrees
•
92 TN, TP, and sediment TMDLs
for the entire watershed (35 in Virginia)
•
TMDL supersedes and replaces the 2005 Bay Program Tributary Strategies process
•
EPA issued the Bay TMDL on December 29, 2010
McGuireWoods LLP | 7
Accountability and Goals
• Chesapeake Bay TMDL is unique in this regard– WIPs– 2 year milestones– EPA tracking and assessment of restoration– Federal backstops
• This framework established to provide demonstration of the reasonable assurance provision of the Chesapeake Bay TMDL
McGuireWoods LLP | 8
2010 Bay TMDL Development Activities
•
States submitted preliminary WIPs: June 1, 2010•
EPA sets draft watershed limits for TN and TP: July 1•
EPA sets range of sediment limits: August 13•
Draft Watershed Implementation Plans (WIPs) were due to EPA from the states on September 1 (Virginia WIP submitted September 3rd)
•
Draft Bay TMDL issued September 24•
Public comment period on the draft Bay TMDL: September 24 through November 8
•
18 Public meetings during the public comment period•
Final WIPs
due to EPA November 29•
Final Bay TMDL by EPA –
December 29, 2010•
American Farm Bureau Federation appeal filed January 10, 2011
McGuireWoods LLP | 9
Virginia’s Final WIP and Urban Stormwater
• VA’s urban stormwater load reductions: more achievable and still aggressive
• VA committed to finalize a stormwater rule in 2011 that improves new and redevelopment performance standards
• VA to request that Phase 1 MS4 wasteload allocations more explicitly demonstrate urban runoff load that each jurisdiction is expected to achieve
• Commitment to implement Bay-wide (and perhaps statewide) program to limit fertilizer application on urban lands
McGuireWoods LLP | 10
American Farm Bureau Federation Appeal
• Issues on appeal– Models not properly validated or calibrated– Lack of adequate public notice and comment– EPA exceeded authority in establishing TMDLs and did not
provide states the opportunity to establish the TMDLs– EPA exceeded authority in establishing allocations for multiple
constituents in multiple water body segments– EPA exceeded authority by establishing allocation for sources
upstream of the Bay– EPA exceeded authority by encompassing nonpoint sources within
point source wasteload allocations
McGuireWoods LLP | 11
Questions or Comments?
Heather N. [email protected]
900 Lawyers | 17 Offices
www.mcguirewoods.com
2010 McGuireWoods LLP
StormwaterStormwater NPDES / MS4NPDES / MS4Chesapeake BayChesapeake BayStormwater Stormwater Regulations Regulations
(DCR)(DCR)
NPDES / MS4 NPDES / MS4 Permit ReissuancePermit Reissuance
(EPA/DCR)(EPA/DCR)20112011
Chesapeake Bay Chesapeake Bay TMDLTMDL
(EPA/DCR)(EPA/DCR)July 2011July 2011 201120112010/20112010/2011
Significant Impacts to:Significant Impacts to:g pg p
County Programs & Operating Costs County Programs & Operating Costs New DevelopmentNew DevelopmentNew DevelopmentNew DevelopmentRedevelopmentRedevelopmentExisting DevelopmentExisting Developmentg pg p
CHESAPEAKE BAY TMDL
Final Watershed Implementation Plan (WIP) Nov 29 2010 Identifies how and when loadNov. 29, 2010 – Identifies how and when load reductions will be met.
WIP assigns pollutant loads to different source sectors for nitrogen, phosphorus and sediment.
Wastewater Treatment Plants
Urban StormwaterPlantsAgriculture Air Sources
Forest On Site / Septic
FINAL WIPU b /S b b St tUrban/Suburban Stormwater
Commonwealth will utilize MS4 permits (NPDES) to p ( )assure BMP implementation on Existing Developed Lands to achieve reductions.
9% nitrogen16% phosphorous Impervious Regulated Loads20% sediment
6% nitrogen6% nitrogen7.25 phosphorous Pervious Regulated Loads8.75% sediment
Henrico County has in excess of 20,000 acres of Henrico County has in excess of 20,000 acres of yyimpervious cover.impervious cover.
Cost for “retrofitting” Existing Development will beCost for “retrofitting” Existing Development will beCost for retrofitting Existing Development will be Cost for retrofitting Existing Development will be significant.significant.
Still waiting on allocation for Henrico Still waiting on allocation for Henrico
Not sure what numbers were used in EPA’s BayNot sure what numbers were used in EPA’s BayNot sure what numbers were used in EPA s Bay Not sure what numbers were used in EPA s Bay Model (i.e. Regulated Impervious Cover)Model (i.e. Regulated Impervious Cover)
Assume Cost will be passed on to Citizens Assume Cost will be passed on to Citizens (Residential, Business, Churches, etc.) Via a (Residential, Business, Churches, etc.) Via a Stormwater Utility or TaxStormwater Utility or Tax
Several Preliminary Cost Estimates have been made Several Preliminary Cost Estimates have been made by consultants based on assumptions and raw data.by consultants based on assumptions and raw data.y py p
Henrico’s average unit costs Henrico’s average unit costs Residential = $117Residential = $117 -- $454$454Residential $117 Residential $117 $454 $454 Businesses =Businesses = ??Churches =Churches = ??
Localities will develop action plan identifying “means Localities will develop action plan identifying “means and methods” to achieve required reductions.and methods” to achieve required reductions.
2 Year Milestones2 Year Milestones
Engineering in a New Regulatory Environment
Presented toHampton Roads ULI
Presented byColleen E Collins PEColleen E. Collins, P.E.Vanasse Hangen Brustlin, Inc.
ABC’s of Pending Stormwater Regulations – ULI
What’s ChangedgPast Design Practice: • Central BMPS• Performance or Technology Based Sizing impervious area only• Performance or Technology Based Sizing ‐ impervious area only• Average land cover pre‐developed• 10% Phosphorous Reduction ‐ Redevelopment
Future Design Practice: • Small BMPs at the source• VA Runoff Reduction Method (VRRM) – includes managed turfC i t t b li f d l d diti (0 41 lb / / )• Consistent baseline for pre‐developed condition (0.41 lbs/ac/yr)
• Channel Protection Volume (1‐year storm)• 20% Phosphorous Reduction – Redevelopment
ABC’s of Pending Stormwater Regulations – ULI
Then…………………………………………….…and nowe …………………………………………….…a d o
ABC’s of Pending Stormwater Regulations – ULI
VA Runoff Reduction Method (VRRM)VA Runoff Reduction Method (VRRM)
Results in more practices than current method (VSMH)p ( )
Focus on treating stormwater at the source
Reduction of volume as first step
Install conventional BMPs as last resort
ABC’s of Pending Stormwater Regulations – ULI
ABC’s of Pending Stormwater Regulations – ULI
Regional DifferencesRegional DifferencesESD Measures in Good Soils/Deep Groundwater: • Bioretention• Infiltration• Permeable Pavement
ESD Measures in Lower Coastal Plain: • Impervious area disconnectionR i t H ti• Rainwater Harvesting
• Vegetated swales, filter strips, sheetflow to conservation areas• Minimal grade drop across the site• Constructed wetlandsConstructed wetlands
ABC’s of Pending Stormwater Regulations – ULI
ABC’s of Pending Stormwater Regulations – ULI