amy callis, agricultural nps implementation coordinator mary anne lowndes, runoff management section...
TRANSCRIPT
Agricultural NPS Implementation of Adaptive Management and Water Quality Trading
Amy Callis, Agricultural NPS Implementation CoordinatorMary Anne Lowndes, Runoff Management Section ChiefWisconsin Department of Natural Resources
Purpose
AM & WQT Basics
Roles
Evaluation/Development
Implementation
Post-implementation
Next Steps
Overview
Discuss how AM & WQT fit into existing NPS implementation structure in WI
Audience: NPS Implementers County Land Conservation Departments Non-governmental organizations focusing on
agricultural conservation work Private consultants in agricultural conservation fields
Provide considerations to NPS implementers for voluntary participation in AM and WQT
Purpose of the Handbook
DNR DATCP UWEX NRCS Wisconsin Land +
Water Columbia County Barron County
Outagamie County Washington County The Nature
Conservancy Clean Wisconsin
Stakeholder Group
Do you have the technical capacity and infrastructure to meet the data, information, implementation and tracking needs?
Do you have sufficient staff resources to conduct this type of evaluation, implementation or post-implementation work?
Will you conduct these activities for free, charge a fee, etc.?
Should you develop an agreement or contract identifying roles and responsibilities for this work?
How will this impact existing workload and local priorities?
General Considerations
Compliance options for WPDES permit holders to meet discharge requirements
AM & WQT Basics
Evaluating Compliance Options
Developing the Plan/Strategy
Implementing the Plan/Strategy
Conducting Post-Implementation Work
Basic Components of AM & WQT
Permittee is conducting an investigation to determine if they will:
Optimize the facility Conduct a facility upgrade Utilize AM to meet water quality standards in the
receiving water Implement WQT to offset loads Combination of options
… In order to select and submit compliance method to DNR.
Evaluating Compliance Options
Determine NPS pollutant loading in target watershed
Provide existing inventory data
Estimate potential load reductions and credits available in target watershed
Assist in identifying criteria used to target critical sources for NPS reduction or credit generators
Historical perspective on landowner cooperation and willingness to implement BMPs
Assisting with Evaluation
Once a permittee has preliminary approval to utilize AM or WQT for compliance with WPDES permit requirements, it is time to develop:
An adaptive management plan
A water quality trading strategy
Identifies how the permittee will meet the permit requirements
Developing the Plan/Strategy
Conducting an inventory and identifying sources of pollution
Identifying load reduction potential, critical source areas or credit generators
Propose corrective measures/best management practices
Estimate pollutant reductions
Assisting with Development
Adaptive Management◦ In-stream water quality monitoring plan
Water Quality Trading◦ Modeling load reductions in order to calculate
credits
Unique Program Components
If approved, the permittee will then have a compliance schedule in the WPDES permit to implement the plan or strategy
◦ This will likely occur in 5-year increments consistent with 5-year WPDES permit terms
◦ Permittees may contract with NPS implementers to assist with completing the goals of the plan/strategy
Implementing the Plan/Strategy
Contracts
Responsibilities
Funding
Regulatory authorities
Implementing BMPs
Verification
Tracking & Reporting
Implementation Considerations
Use to define scope of work
Clearly identify roles and responsibilities between parties involved
Considerations for a contract:◦ Identify funding information, if applicable ◦ Timeline and schedule for implementation◦ Post-implementation responsibilities◦ Tracking and reporting◦ Ability to re-evaluate and modify contract conditions
Contracts with a Permittee
Participation in AM or WQT by the permittee is required once incorporated into the permit ◦ Permittee is responsible for compliance with the
WPDES permit requirements and water quality limits
Contracts between permittees and NPS implementers should outline responsibilities
NPS implementers will be responsible for activities and tasks agreed to in a contract
Permit compliance cannot be transferred from the permittee
Note on Responsibilities
Will the permittee pay the NPS implementer for their services?
Who manages the money?
What activities should be considered for funding:◦ Staff expenses◦ Best management practices ◦ Maintenance of practices◦ Performance incentives◦ Other?
Funding AM/WQT Implementation
Local State Federal NGO/Other
Work with the appropriate program contacts to determine project eligibility and overlap
with AM or WQT programs
Overlap with Other Funding Programs
• NR 153 does not allow for funding of permit compliance requirements
o Includes TRM and NOD grantso Eligibility will depend on:
How the plans/strategies are developed? What is written into the permit compliance schedule?
• DNR may review projects on a case-by-case basis to determine eligibility
DNR Funding Overlap
Implementation of local, state or federal regulations may overlap with the implementation goals of AM or WQT
It is important for landowners to understand the difference between voluntary program participation and existing regulatory requirements
Regulatory Authorities
Ordinances◦ Town, Village, City, County◦ Examples: zoning, livestock siting, animal waste,
manure storage, storm water management, building codes, etc.
Educate the permittee on how these authorities interact with the implementation of AM or WQT
Local Authorities
DNR◦ NR 243 and NR 151 are the primary water quality
standards related authorities
Other state authorities◦ i.e DATCP
State Authorities
Production sites = no implementation options◦ Required to meet “zero discharge”
Cropland = potential implementation options◦ To participate, facility has to maintain compliance
their WPDES permit◦ Proposed practices should go beyond the existing
WPDES permit requirements◦ Practices could be related to something not
regulated by the WPDES permit
NR 243: Permitted Farms
Site is posing imminent threat to public health or fish and aquatic life…
◦ Timeline for compliance to stop the threat may not be conducive to participation in AM or WQT
◦ Case-by-case fashion regarding their participation in AM or WQT…
NR 243: Non-permitted Farms
Runoff pollution performance standards and prohibitions for agricultural facilities to meet water quality standards
Implementation of AM and WQT does not require compliance with NR 151 performance standards
DNR expects the performance standards to be attained However, if a permittee is proposing to not attain the performance
standards, they will need to submit the proposal to DNR for review
Manure management prohibitions are not available as options for WQT
Prohibited activities Typically not able to be modeled for credit calculations
NR 151
Sheet, rill and wind erosion* Tillage setback Phosphorus index* Manure storage facilities Process wastewater handling Clean water diversions Nutrient management*
*Most likely to be considered for AM and WQT implementation
NR 151: Ag Performance Standards
No overflow of manure storage facilities
No unconfined manure pile in a water quality management area
No direct runoff from a feedlot or stored manure to waters of the state*
No unlimited access by livestock to waters of the state*
*Most likely to be considered for AM implementation
NR 151: Prohibitions
Mostly program participation
Landowner’s responsibility to ensure compliance
OR Sign a release with NPS implementer to assist
with information review
Federal Authorities
Participation in AM and WQT is voluntary for the landowner
Compliance with local, state or federal regulations or program requirements may not be voluntary in order to continue participation in those programs (depending on the program requirements)
Landowners should understand how participating in AM or WQT may/may not impact their participation in other programs
Voluntary vs. Regulatory
Federal Programs◦ Recommend participants work with the federal
program contacts on program requirements
State Programs◦ Work with appropriate agency contacts to ensure
compliance with applicable program requirements
Local Programs◦ Work with local contacts
Overlap with Existing Programs
Meet with participants
Identify eligible BMPs
Develop agreement/contract with
participant
Design and install BMPs
Verify post-construction conditions
Document project status
Implementation of Practices
Long-term verification of BMPs
◦ Additional funding for maintenance?
◦ How long; how often?
◦ Continued load reduction modeling (WQT)
◦ In-stream monitoring (AM)
Post-Implementation
Tracking systems
◦ Pollutant load modeling
◦ BMPs and technical standards used
◦ Location information
◦ Compliance determinations with AM/WQT
contracts
◦ Repairs/modifications needed/completed
Report to permittee for permit compliance
Tracking & Reporting
Compliance and enforcement◦ Depends on the agreement/contract language
with the landowner◦ Depends on the agreement/contract language
with the NPS implementer
Statewide Variance
Unanswered Questions
Draft guidance document will be posted on DNR’s guidance website for comment
◦ Anticipated by the end of March
http://dnr.wi.gov/news/input/guidance.html
Next Steps
AM and WQT are tools for NPS implementers to use to help meet local goals to control NPS pollution
There are no regulatory requirements for NPS implementers to participate in AM and WQT
Take-home Message
Questions/Discussion
Amy CallisAgricultural NPS Implementation Coordinator
Mary Anne LowndesChief, Runoff Management Section