Maryland Submits Draft Phase I Watershed Implementation Plan

September 2, 2010

On September 1 the Maryland Department of the Environment (MDE) submitted the State’s draft Phase I Watershed Implementation Plan (WIP) to the United States Environmental Protection Agency (EPA).  The draft presents a range of possible strategies for meeting the State and local Total Maximum Daily Load (TMDL) requirements and will be used to solicit public comment.  As the executive summary states:

The current draft version of this Plan is expressly written to solicit public comments on a wide range of pollution control strategy options to restore and maintain the Bay. The Plan will be finalized based on those comments and will serve as a starting point for a Phase II planning process, which will occur in 2011. The table of strategies presented below are options, not final selections, and the options chosen to implement the needed reductions will be selected with the benefit of the public comments received in the coming months.

Given significant time constraints and limitations of current data and models, it is almost certain that the TMDL allocations associated with this Phase I Plan will change during Phase II. This will give interested parties opportunity to comment on the allocations in the Bay TMDL and the implementation strategies needed to achieve a healthy Bay for our families and for future generations.

Based on 2009 loading levels, septic systems and agriculture must make the greatest percentage reduction for nitrogen,   urban sources and controlled animal feeding operations (CAFOs) for phosphorous, and CAFOs and urban sources for sediment/suspended solids.  If all strategies contained in the draft WIP were implemented, it is estimated the State would exceed its TMDL goals by 30%.

In handling growth, the State is proposing to include some growth projections into the nutrient load numbers but also require offsets for new growth/development.  The offsets would be tiered so that new septic systems would have to provide the most offsets while dense urban areas on enhanced nitrogen removal sewerage systems would have to provide the least.  The range of options for septic systems includes voluntary upgrades to nitrogen removal technology to hooking up houses currently served by septic systems to public water and sewer to requiring all septic systems within 1000′ of a stream to upgrade to nitrogen removal technology.

The Phase I WIP must be completed by December 31.  The Phase II WIP, to be completed in 2011, will include detailed strategies that the State and local governments must follow to reach their TMDL goals.  MDE has formed a WIP Stakeholder Advisory Committee to help shape the final form of the Phase I WIP as well as draft the Phase II WIP.  Both MACo and the Maryland Municipal League has representatives on the Advisory Committee.

As previously reported on Conduit Street, the State has scheduled a series of four public meetings to discuss the Phase I WIP across the State.  Each meeting will be preceded by a special briefing for local governments.  The EPA is also holding three regional public meetings on TMDLs.

EPA Transmittal Letter

Draft Phase I WIP

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Posted by Les Knapp

Frederick County Receives Greenhouse Gas Inventory Report

August 30, 2010

The Frederick County Office of Environmental Sustainability presented the County Board of Commissioners with a report on the county’s greenhouse gas emission levels last week. The Greenhouse Gas Inventory Report, the first for the county,  accounted for greenhouse gas and pollution emissions attributed to human activities county-wide.  In a press release Frederick County Board of Commissioners President Jan Gardner stated,

“Developing a greenhouse gas inventory is a critical step in understanding the impact our activities have on the environment. Coupled with the data on energy consumption compiled for the county’s Draft Comprehensive Energy Plan, we have a robust baseline for comparing future performance and tracking progress of energy conservation initiatives and emission reduction strategies.”

Amongst the findings, it was reported that county government operations accounted for only 2% of the total community emissions.  This is below the regional average of 3-4%. For more information click here to read the full Greenhouse Gas Inventory Report.

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Posted by Emily Hollis

Harford County Executive Challenges County Employees to Reduce Energy Consumption

August 30, 2010

Harford County Executive and MACo President David Craig has challenged Harford County Government employees to reduce their energy consumption by  5 perecent .   The “County Executive Challenge”  is part of Executive Craig’s  Environmental Stewardship and Energy Initiatives.  According to the County’s website,

The County Executive Challenge is to reduce our energy consumption in Harford County Government buildings by 5% from our 2009 consumption patterns beginning September 1, 2010.  A 5% reduction would result in a savings of about 1.6 million kilowatt hours of electricity and approximately $155,000.  A savings of 1.6 million kilowatt hours of electricity is the equivalent of saving the CO2 emissions from the average electricity usage by 139 single-family homes in one year or removing 220 passenger vehicles from the road according to the EPA Greenhouse Gas Equivalencies Calculator (2010).

…….

In September, our Facility Energy Coordinators will add to the Challenge with the implementation of an Energy Savings Program at Harford County Government buildings.  In addition, several activities funded through the Energy Efficiency Community Block Grant (EECBG) will also help increase the energy efficiency within government buildings.

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Posted by Emily Hollis

Poultry Farmers and State Struggle with New Federal Pollution Requirements

August 25, 2010

An August 15 Baltimore Sun article describes how both poultry farmers and Maryland officials are struggling to implement new federally mandated nutrient plans as part of the Clean Water Act and Total Maximum Daily Load requirements.

[Bobby] Graves is one of the hundreds of Maryland farmers who have become entangled in a new permit process that is pivotal to the state’s plan to reduce one of the leading sources of pollution in the Chesapeake Bay — livestock manure that seeps into local waterways.

The permit requirement, enacted by the state in December to comply with updated regulations from the Environmental Protection Agency, is meant to tighten controls over pollution generated by the poultry industry. But the program has struggled to take off.

Almost no farmers have the training necessary to write the nutrient-management plans required under the program, and the government is struggling to meet the growing need for help. Farmers who do secure their nutrient plans find that there’s often little follow-up from the government to see whether their farms are complying with the plans they’ve laid out.

The Maryland Department of the Environment has just two inspectors to follow up with the more than 500 farmers who applied for permits, said spokeswoman Dawn Stoltzfus. The department can mete out penalties of up to $5,000 a day for each violation in a permit plan, or more if it takes legal action.

The EPA has made it clear that if the states do not enforce its regulations, the federal government can take back control of the process.

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Posted by Les Knapp

Green Street – Green Jobs Grants Available

August 25, 2010

The Watershed Assistance Grant Program, which is supported by the Chesapeake Bay Trust, the Maryland Department of Natural Resources, the Maryland Department of the Environment, and the United States Environmental Protection Agency, is seeking grant applications for green street/green infrastructure projects and practices focused on nonpoint pollution reduction and green stormwater management retrofits that also create green jobs in urban areas.  Grant requests are typically for up to $35,000 although Bay Trust staff may authorize a higher amount after consultation.

Local governments and non-profit organizations in urbanized watersheds located in the Chesapeake Bay region of Maryland and the Anacostia Watershed within Washington are invited to submit requests for consideration.  The application deadline is September 24.

Application Information

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Posted by Les Knapp

TMDL Regional Implementation Meetings Scheduled

August 25, 2010

Both Maryland and the United States Environmental Protection Agency (EPA) have scheduled a series of meetings over the next several months to discuss Total Maximum Daily Load (TMDL) requirements and the creation of Watershed Implementation Plans (WIPs).  The WIPs are the plans that will detail how the State and local governments will meet the TMDL nutrient and sediment reduction goals.

The Maryland Tributary Teams will be hosting four meetings to explain the WIPs and seek public comment:

  • September 27 from 7:00 – 9:00 PM at South Hagerstown High School Auditorium, 820 Commonwealth Avenue, Hagerstown
  • September 30 from 6:30 – 8:30 PM at Talbot County Community Center, Wye Oak Meeting Room, 10028 Ocean Gateway (eastbound US Route 50), Easton,
  • October 4 from 6:30 – 8:30 PM at Maryland State Fair Grounds, DNR Building/State Fair Museum, 2200 York Road, Timonium
  • October 6 from 6:30 – 8:30 PM at Prince George’s Soil Conservation District, 5301 Marlboro Race Track Road, Upper Marlboro

PRIOR TO EACH WIP MEETING, THERE WILL BE A SPECIAL ONE-HOUR BRIEFING FOR LOCAL GOVERNMENTS WHERE LOCAL GOVERNMENT OFFICIALS MAY ASK QUESTIONS AND PROVIDE INPUT RELATIVE TO THEIR COUNTY OR MUNICIPALITY.  The Hagerstown local government briefing will start at 5:30 PM.  All other briefings start at 5:00 PM.

In addition, the EPA will be hosting three regional meetings in the State to discuss TMDL requirements and seek public comment:

  • October 12 from 2:00 – 4:00 PM at The Easton Club, 28449 Clubhouse Drive, Easton
  • October 13 from 2:00 – 4:00 PM at The Sheraton Annapolis, 173 Jennifer Road, Annapolis
  • October 14 from 2:00 – 4:00 PM, Hagerstown Hotel and Convention Center, 1901 Dual Highway, Hagerstown.  This meeting will also be available through webinar participation.

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Posted by Les Knapp

Cumberland Times-News Opposes Increase to Flush Tax

August 4, 2010

An August 3 Cumberland Times-News editorial joins Senator George Edwards in opposing a proposed increase to the Chesapeake Bay Restoration Fee, commonly known as the “Flush Tax.”  The fee is assessed annually to both those on public water and sewer and septic systems.  Proceeds from the fee are placed into the Bay Restoration Fund, which is used to upgrade wastewater treatment plants discharging effluent into the Bay or its waterways.

The flush tax has perhaps been most harshly criticized in Garrett County, where residents feel they do not contribute to pollution of the bay and so they should not have to pay for the restoration. Half of the county’s drainage feeds the Gulf of Mexico rather than the Chesapeake Bay.

Now, the state’s Capital Debt Affordability Committee is considering an option to increase the annual tax from $30 per household to $54. The increase would make up for a $660 million shortfall in the Chesapeake Bay Restoration Fund to clean up Maryland’s wastewater treatment plants. …

We like [Senator] Edwards’ alternative to increasing the flush tax. Extend the deadline to improve the water treatment plants, thus taking pressure off the state to have to pay for all of the work immediately.

Maryland Department of the Environment Bay Restoration Fund Website

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Posted by Les Knapp

Study Finds Water Bacteria Levels Spike From Stormwater Runoff

August 2, 2010

A July 30 MarylandReporter.com article details a study conducted by a consortium of journalism students who found that after moderate to heavy rains, portions of the waters of the Chesapeake Bay and its tributaries were so contaminated with bacteria from stormwater runoff  that they were unsafe to swim in.  In some instances, the level of bacteria was higher than that found in a dirty toilet.

Swimming in the rivers that feed the Chesapeake Bay after a hard rain could be as hazardous to your health as hopping into an unflushed toilet.

That was a key finding of a water quality experiment conducted this month by reporters at the University of Maryland working for News21, a national consortium of journalism schools.

The team took water samples before and after significant rainfall at seven beaches and recreation spots along five rivers that feed the Chesapeake. Their goal was to gauge the impact of storm water — one of the fastest-growing pollution sources in the Chesapeake Bay — on bacteria levels in the water.

For comparison, the team also took two water samples from a household toilet–one while it was clean, and another after human feces had sat in it for four hours.

After the rain on July 15, the tests showed that three of the seven sites had bacteria levels far higher than Maryland and Virginia standards for safe recreation, and five were above the level for safe swimming. Two — Savage Park in Howard County and Middle Branch Park in Baltimore — had bacteria levels much higher than the dirty toilet.

And all but one site — the Inner Harbor of Baltimore — showed a rise in bacteria levels following the rain. …

But even the Inner Harbor sample was higher than the allowable level for safe swimming.

July 27 Washington Post Column

July 27 Baltimore Sun Blog Post

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Posted by Les Knapp

Chesapeake Quarterly Discusses Oyster Farming in the Chesapeake Bay

July 26, 2010

The entire June 10 issue of the Chesapeake Quarterly is dedicated to a discussion on oysters and its title page presents the question “A future for oyster farming?”  One of its main articles, ”Up from the Bottom:  Oysters for the 21st Century” discusses oyster aquaculture:

Last year the Governor of Maryland put forward a new oyster aquaculture bill that removed many of the roadblocks that hampered oyster farming for more than 100 years. Influenced over the decades by politically savvy watermen who opposed private oyster farming, previous legislation set up restrictions on lease sizes and locations, and on non-resident and corporate ownership. Following up on last year’s aquaculture bill, in May the state of Maryland opened 600,000 acres for future private farm leases, which can be held by corporations and nonresidents. The state also converted 25 percent of the viable public fishing grounds into oyster sanctuaries and stepped up its campaign against poachers.

The new changes in the law set phones ringing this spring in a number of state agencies, including the Department of Agriculture, which helps aquaculture businesses with permitting and regulation. The kind of oyster farming that is beginning to emerge in Maryland could be a mix that includes both on-bottom and off-bottom aquaculture, according to [Don Webster, Maryland Sea Grant Regional Aquaculture Specialist and past chair of the Aquaculture Coordinating Council.]  On-bottom farms would mostly produce oysters for shucking and off-bottom farms would turn out single oysters designed for the pricier half-shell trade. The mix of farmers could include newcomers like [Choptank Oyster Company manager Kevin] McClaren, established seafood businesses looking for new supplies, and watermen who want to try another way of working the water.

For wannabe farmers, the roadblocks are down, but plenty of potholes remain, including bureaucratic delays, permits, surveys, start-up costs, disease risks, and turnaround time. For watermen who would be farmers, the potholes can look like craters. After spending their work lives as solitary entrepreneurs, most watermen are not in a position to invest heavily in shell and seed and new gear, and then wait three years before harvesting.

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Posted by Les Knapp

County Officials & MACo Discuss TMDL Concerns with BayStat Subcabinet

July 26, 2010

At its July 22 meeting, the BayStat sub-cabinet heard testimony from county elected officials and MACo on the challenges counties face in implementing the new federally mandated total maximum daily load (TMDL) requirements.  Created by the Environmental Protection Agency (EPA), TMDLs establish a strict “pollution diet” for the Chesapeake Bay by limiting how much nitrogen, phosphorous, and sediment are allowed to enter the Bay.  Different counties and watersheds will have different TMDL numbers.  All six Bay states (New York, Pennsylvania, Maryland, Delaware, Virginia, and West Virginia) and Washington DC are subject to TMDLs.  States that fail to meet certain pollution reduction milestones could face federal sanctions, including a possible freeze on funding or issuance of federal permits.

Maryland’s ultimate target loads will require a 21 percent nitrogen reduction from wastewater plants, a 25 percent nitrogen and 43 percent phosphorous reduction from urban runoff (such as stormwater), a 25 percent nitrogen reduction and 9 percent phosphorous reduction from agriculture, and a 39 percent nitrogen reduction from septic systems.  If a county realizes a greater reduction in one of these areas, the extra gain may be applied towards another area.

Harford County Executive and MACo President David Craig testified that 45 percent of Harford County’s watershed is in agriculture and the county has invested its own dollars in maintaining important agriculture positions in soil conservation and sediment control that have been subject to State cuts.  He noted the county also invested $172 million into water and sewer processes.  County Executive Craig also expressed concern over the impact TMDLs would have on growth related to base realignment and closure (BRAC).

Howard County Executive Ken Ulman noted they had 50,000 acres permanently preserved in non-water or sewer areas.  He stressed that education was a key component.  Anne Arundel County Council Member Cathy Vitale stated that Anne Arundel County was aggressively preparing for TMDLs because so much of the county is within the sensitive critical area zones.  She urged that counties be given flexibility in how they choose to meet their TMDL goals.

MACo Associate Director Les Knapp stressed that TMDLs will affect all key sectors of the State, including State government, counties, municipalities, agriculture, and business.  He also stressed the need for local flexibility in meeting TMDL goals, arguing against a “one size fits all” approach.  Mr. Knapp expressed concerned about possible unintended consequences of TMDL on growth and land use efforts.  He also stated the importance having a single TMDL contact person at the State level and having a strong public education and communication outreach.

All three elected officials and MACo stated the need for financial and technical resources in order to meet the TMDL goals.  All agreed that some revenue generation device, whether in the form of a dedicated local transfer tax or some other Statewide fee was necessary.  Representatives from the Maryland Association of Municipal Wastewater Agencies and the Maryland Municipal League also testified.

BayStat Website

EPA Chesapeake Bay TMDL Website

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Posted by Les Knapp

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