Appendix D

Two-Year Milestone
Implementation, 2009-2010

The data provided in this appendix reflect responses to the committee’s request to the Bay jurisdictions for implementation progress on their first milestones. The jurisdictions were specifically asked to provide the data reported to the CBP in December 2010, covering the period July 1, 2009 to (at least) June 30, 2010, and some jurisdictions provided additional data beyond this window. Readers should note the dates of each reporting period carefully. Some jurisdictions were only able to report July 1, 2008 to June 30, 2009, although the committee notes that this period largely occurred before the two-year milestone program was announced in May 2009, and may not be representative of the pace of progress throughout the remainder of the first milestone.

It is worth noting that the committee received inconsistent information on the official start date of the first milestone period (July 2008, January 2009, or July 2009) and its length (2.5 years, 3 years, or 3.5 years) from the EPA and the Bay jurisdictions. The original milestone publication (CBP, 2009b) generally cited the first milestone as a three-year period, ending on December 31, 2011; thus, for the purpose of this analysis, the committee assumed a three-year milestone period.

The pace of implementation progress can be evaluated generally by comparing the percentage of the goal accomplished over the period reported relative to the percentage of the first milestone period covered in the data provided. For example, if a jurisdiction provided implementation data for a 12-month period (or 33 percent of the assumed three-year milestone period), the percentage of each implementation goal accomplished can be evaluated relative to the 33 percent threshold. That is, if the practice



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Appendix D Two-Year Milestone Implementation, 2009-2010 T he data provided in this appendix reflect responses to the commit- tee’s request to the Bay jurisdictions for implementation progress on their first milestones. The jurisdictions were specifically asked to pro- vide the data reported to the CBP in December 2010, covering the period July 1, 2009 to (at least) June 30, 2010, and some jurisdictions provided additional data beyond this window. Readers should note the dates of each reporting period carefully. Some jurisdictions were only able to report July 1, 2008 to June 30, 2009, although the committee notes that this period largely occurred before the two-year milestone program was announced in May 2009, and may not be representative of the pace of progress through- out the remainder of the first milestone. It is worth noting that the committee received inconsistent information on the official start date of the first milestone period (July 2008, January 2009, or July 2009) and its length (2.5 years, 3 years, or 3.5 years) from the EPA and the Bay jurisdictions. The original milestone publication (CBP, 2009b) generally cited the first milestone as a three-year period, ending on December 31, 2011; thus, for the purpose of this analysis, the committee assumed a three-year milestone period. The pace of implementation progress can be evaluated generally by comparing the percentage of the goal accomplished over the period reported relative to the percentage of the first milestone period covered in the data provided. For example, if a jurisdiction provided implementation data for a 12-month period (or 33 percent of the assumed three-year milestone period), the percentage of each implementation goal accomplished can be evaluated relative to the 33 percent threshold. That is, if the practice 227

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228 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY implementation has met or exceeded 33 percent of the goal, the pace of implementation of that practice meets or exceeds the pace needed to meet the first milestone. However, such an analysis without accompanying load reduction estimates has only limited value to an overarching assessment of a jurisdiction’s progress, as discussed in Chapter 3.

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229 APPENDIX D DELAWARE 2009-2011 Milestone Shortfall in Identified Actions Nitrogen 292,072 lbs 264,229 lbs Phosphorus 0 5,958 lbs Sediment NA NA Completed % Goal 2009-2011 between Achieved Milestone July 1, 2008– (in 33% of Actions June 30, 2009 1st milestone Nutrient Reduction Practice (units) Identified (12 months) period) Identified in 2009 Milestone Document Agricultural practices Cover crops, late (acres/yr) 18,600 6,595 35 Cover crops, early (acres/yr) 18,600 16,600 89 Forest buffers (acres) 2,700 2,226 82 Wetland restoration (acres) 420 286 68 Tree planting (acres) 200 162 81 Poultry litter transport (tons/yr) 55,100 Maintained 100 (maintain current levels current levels) Nutrient mgmt (acres) 177,000 Maintained 100 (maintain current levels current levels) Urban/suburban On-site pumpouts (systems/yr) 8,800 Working on 0 reporting mechanisms Reduction of Invista’s permitted Reduce to 0 215,350 lbs nitrogen1 load Added actions since 2009: Stormwater actions previously No data NA NA not reported Denitrification in septic systems No data NA NA from improved reporting Sewer hookups from improved No data NA NA reporting Agricultural practices previously No data NA NA not reported New BMPs that may get approved No data NA NA Results from new state CAFO No data NA NA regulations Onsite waste water and No data NA NA stormwater regulations to be finalized in 2011 NOTE: These data reflect milestone actions that were largely accomplished before the two- year milestone strategy was announced. 1 Now aiming for 172,00 lbs by early 2011. SOURCE: J. Volk, DE DNREC, personal communication, 2010.

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230 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY DISTRICT OF COLUMBIA 2009-2011 Milestone Nitrogen 159,000 lbs Phosphorus 0 lbs (already met) Sediment NA Completed 2009-2011 between % Goal Milestone July 1, 2009– Achieved Nutrient Reduction Practice Actions November 12, (in 47% of (units) Identified 2010 (17 months) 1st milestone) Urban/Suburban Plant trees to expand tree 4,150 In Progress: unknown canopy by 5 percent by Anticipate 4,150 in 25 years (trees planted trees planted by per year) end of 2011 New tree box standards No numeric Draft prepared NA goal specified Install rain gardens (rain 100 82 82 gardens) Install rain barrels (rain 250 700 280 barrels) Install downspout connections 300 700 233 (connections) Lot-level stormwater retention No numeric >1,000 home NA through RiverSmart goal specified audits; 142 Bay- Homes program scape projects; 25 perv. paver projects LID in DC Dept. of 24% 30% DOT 125 Transportation (DOT) projects projects (%) incorporated LID Train federal facilities on new No numeric 1 workshop held NA stormwater requirements goal specified with 5 agencies Green roofs (ft2 converted)2 200,000 ft2 in 82 2.5 million 2009 Implement program to control No numeric Upgraded NA discharges from District goal specified stormwater and federally owned management plan, facilities 2009 Auto repair shop education No numeric Inform businesses NA campaign in Hickey Run goal specified of proper BMPs (pilot) during inspections Inspect all auto repair shops, 20% annual 266 facility Cannot laundromats, dry cleaners inspection rate inspections have calculate once every 5 yrs been conducted

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231 APPENDIX D DISTRICT OF COLUMBIA (continued) Completed 2009-2011 between % Goal Milestone July 1, 2009– Achieved Nutrient Reduction Practice Actions November 12, (in 47% of (units) Identified 2010 (17 months) 1st milestone) Develop and implement pet No numeric Implementation 100 waste strategy goal specified of strategy will continue through 2011 Mandate installation and use No numeric Mandate in 100 of pumpout stations at all goal specified Marina standards DC marinas Act of 2008 Restoration of Watts and 2.7 Construction to 0 Pope branches (miles begin in 2011 restored) Replace sewer lines (miles 1.5 Replacement has unknown replaced) begun and will continue into 2011 Complete a street sweeping No numeric Study completed NA study and implement goal specified in 2010 long-term enhanced street Implementation sweeping and fine particle to begin in 2011 removal Implement and promote No numeric In development as NA new stormwater goal specified of 11/10 regulations that require LID construction as a first option and mandate training for site managers Implement impervious area- No numeric Fee program 100 based SW fee goal specified finalized and implemented in fall of 2010 Review and update zoning No numeric Draft text is NA regulations to encourage goal specified being brought green building before Zoning Commission as of 11/10 Retrofit 100 catch basins for 100 110 basins 110 trash control retrofitted Install 1,000 storm drain 1,000 1000/yr 100 markers annually Install litter trap 6,800 Installed 2 97 demonstration projects to in-stream trash divert 6,800 pounds of traps, collected trash by 2011 6,585 lbs trash Continued

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232 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY DISTRICT OF COLUMBIA (continued) Completed 2009-2011 between % Goal Milestone July 1, 2009– Achieved Nutrient Reduction Practice Actions November 12, (in 47% of (units) Identified 2010 (17 months) 1st milestone) Determine the type of trash No numeric Contract In progress control devices that would goal specified with Earth be the most effective in Conservation retaining large debris and Core and Howard sediment in hot-spot areas University to test trash abatement devices Point source Enhanced ENR at Blue Plains No numeric In progress by 2014 goal specified CSO control, May 2009 Reduce N to Completed 70,298 lbs/yr 2 The District of Columbia reports that this number was miscalculated, and was originally intended to reflect the goal of 20% green roof coverage by 2027. The District now anticipates the goal will be met by 2017. SOURCE: S. Sand, DC DOE, personal communication, 2010.

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233 APPENDIX D MARYLAND Revised Goal, Considering Growth 2009-2011 Milestone Nitrogen 3.75 million lbs 3.90 million lbs Phosphorus 193,000 lbs Sediment NA NA % Goal Completed Achieved between (in 58% of 2009-2011 Milestone July 1, 2009– 1st Nutrient Reduction Practice Actions April 2011 milestone (units) identified (21 months) period) Agricultural Practices Cover crops (acres) 145,634 220,945 152 Nutrient management plan 100,000 4,159 4 enforcement (acres) Soil conservation & water 257,049 191,451 74 quality plans (acres) Continuous no-till 150,000 150,000 100 conservation (acres) Precision agriculture (acres) 100,000 0 0 Livestock waste structures 80 65 81 Water control structures 125 46 37 Dairy manure incorporation 2,500 476 19 technology (acres) Stream protection with fencing 5,400 5,098 94 (acres) Manure transport (tons)3 10,000 -8,562 0 Poultry waste structures 50 13 26 Stream protection without 2,000 1,722 86 fencing (acres) Cropland irrigation 92,800 92,800 100 management (acres) Poultry litter treatment (tons) 15,000 0 0 Vegetative open channels 6 0 0 (miles) Runoff control systems 175 136 78 Vegetated environmental 15 13 87 buffers (acres) CAFO buffers (acres) 2,500 0 0 Urban/Suburban Wastewater treatment plants 740,000 128,372 17 ENR (pounds) Urban nutrient management 220,000 0 0 regulations (acres) MD Healthy Air Act (pounds) 305,882 0 0 Continued

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234 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY MARYLAND (Continued) % Goal Completed Achieved between (in 58% of 2009-2011 Milestone July 1, 2009– 1st Nutrient Reduction Practice Actions April 2011 milestone (units) identified (21 months) period) Blue Plains BNR upgrade 315,000 190,000 60 (pounds) Stormwater runoff 90,000 39,319 44 management retrofits (acres) Septic retrofits inside of critical 1,080 779 72 area (systems) Septic retrofits outside of 1,920 739 38 critical area (systems) Septic hookups to WWTPs 703 32 5 66 state-owned DNR septics 66 20 30 (systems) Natural Filters on Private Land Streamside grass buffers 2,250 2,220 99 (acres) Streamside forest buffers 550 350 64 (acres) Wetland restoration (acres) 600 564 94 Retire highly erodible land 2,500 2,299 92 (acres) Natural Filters on Public Land Forest brigade (trees) 1,000,000 352,800 35 Wetland restoration—public 555 85 15 lands (acres) Streamside forest buffers— 345 47 14 public lands (acres) Marylanders plant trees 75,000 46,574 62 Streamside grass buffers— 69 24 35 public lands (acres) Cover crops (revised leases on 764 0 0 public lands) (acres) 3 Manure transport is annual practice; goal is 10,000 tons above baseline of 35,000 tons transported out of watershed annually. SOURCE: H. Stewart, MD DNR, personal communication, 2011.

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235 APPENDIX D PENNSYLVANIA 2009-2011 Milestone Nitrogen 7.3 million lbs Phosphorus 300,000 lbs Sediment NA Completed % Goal 2009-2011 between Achieved Nutrient Reduction Practice Milestone July 1, 2008– (in 33% of (units) Actions June 30, 2009 1st milestone identified (12 months) period) Agricultural practices Animal waste management systems 275 206 75 (all types) (systems) Carbon sequestration/alternative 25,740 1,859 7 crops (acres) Conservation planning (acres) 327,599 70,199 21 Continuous no-till (acres) 86,567 3,698 4 Cover crops-std planting (acres) 147,818 66,273 45 Enhanced nutrient mgmt (acres) 450 1,278 284 Erosion & sediment control (acres) 181 8,118 4,485 Forest buffers (acres) 19,059 7,135 37 Forest harvesting practices (acres) 125 103 82 Grass buffers (feet) 1,161 1,123 97 Land retirement (acres) 58,876 12,353 21 Mortality composters 22 2 9 Non-urban stream restoration (feet) 215,088 24,897 12 Nutrient management (acres)4 128,000 24,294 19 Off-stream watering w/ fencing 6,143 736 12 (acres) Off-stream watering w/ fencing & 21,249 5,552 26 rotational grazing (acres) Off-stream watering w/o fencing 7,335 211 3 (acres) Other conservation-tillage (acres) 88,924 -5,558 -6 Manure transport (poultry liter) 55,659 51,121 92 (tons) Poultry phytase (tons) 19,626 6,542 33 Precision rotational grazing (feet) NA 29 NA Horse pasture managment (acres) NA 1 NA NA 405,113 NA Field borders (feet) Urban/Suburban practices Stream restoration (urban) (feet) 4,400 0 0 Stormwater mgmt (all types) (acres) 8,690 3,091 36 Reduced impervious cover (acres) NA 48 NA Tree planting (acres) 15,065 1,464 10 7,353 2,430 33 Septic connections (number) Continued

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236 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY PENNSYLVANIA (Continued) Completed % Goal 2009-2011 between Achieved Nutrient Reduction Practice Milestone July 1, 2008– (in 33% of (units) Actions June 30, 2009 1st milestone identified (12 months) period) Other practices Abandoned mine reclamation 2,219 1,294 58 (acres) Dirt & gravel road erosion & 124,913 318,012 255 sediment control (feet) Wetland restoration (acres) 1,548 136 9 NOTE: These data reflect milestone actions that were largely accomplished before the two- year milestone strategy was announced. 4 EPA’s 2011 milestone fact sheet lists 473,801 acres of nutrient management. Pennsylvania noted that this is in error. The correct number is 128,000. SOURCE: P. Buckley, PA DEP, personal communication, 2011.

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237 APPENDIX D VIRGINIA Shortfall in Identified 2009-2011 Milestone Actions Nitrogen 3.39 Million lbs 990,000 lbs Phosphorus 470,000 lbs 35,000 lbs Sediment NA NA Completed % Goal 2009-2011 between Achieved Milestone July 1, 2009– (in 33% of Nutrient Reduction Practice Actions June 30, 2010 1st milestone (units) Identified (12 months) period) Agricultural practices Cover Crops (acres/yr) 118,800 93,094 78 Small Grain Commodities, 37,900 25,729 68 harvestable (acres/yr) Agricultural Nutrient 258,000 414,114 47 new5 Management (total acres) 875,600 Conservation Tillage (NRCS) 47,500 39,686 84 (acres/yr) Continuous No-Till (State Cost- 80,900 94,382 118 Share) (total acres) Animal Waste Management 241 41 17 Systems (new systems) Runoff Control AWMS (new 32 4 13 systems) Off-stream Watering with 89,600 13,045 15 Fencing (new acres) Forest Buffers (new acres) 9,676 1,201 12 Grass Buffers (new acres) 2,084 6,672 320 Wetland Restoration (new acres) 36 68 189 Retirement of Highly Erodible 18,800 4,253 23 Land (new acres) Reforestation (new acres) 12,500 3,153 25 Agricultural Stream Restoration 13,117 0 0 (new linear feet) Urban/Suburban Wastewater plant improvements 233,000 NA NA lbs N, NA NA 126,000 lbs P Reduced Stormwater Management BMPs 48,800 5,982 12 (new acres) NA6 Erosion and Sediment Control 61,000 NA (acres) Continued

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238 NUTRIENT AND SEDIMENT REDUCTION GOALS IN THE CHESAPEAKE BAY VIRGINIA (Continued) Completed % Goal 2009-2011 between Achieved Milestone July 1, 2009– (in 33% of Nutrient Reduction Practice Actions June 30, 2010 1st milestone (units) Identified (12 months) period) Additional Urban Nutrient 133,166 21,224 16 Management (acres) Septic System BMPs (Pumpouts) 806 28,109 3,487 5 Strikeoutsreflect disagreement with CBPO over the original goal. 6 Currentlynot mapped to NEIEN system or reported for period ending June 30, 2010. Plans are to map these data sources to the NEIEN system for the 2011 data call due December 2011. SOURCE: A. Pollock, VA DEQ, personal communication, 2011.

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239 APPENDIX D WEST VIRGINIA 2009-2011 Milestone Nitrogen 42,254 lbs Phosphorus 3,364 lbs Sediment NA Completed % Goal 2009-2011 between Achieved Milestone July 1, 20– (in 33% of Nutrient Reduction Practice Actions June 30, 2010 1st milestone (units) identified (12 months) period) Agriculture Off-stream watering w/ 14,000 5,484 39 fencing and rotational grazing (acres) Cover crops (acres) 1,500 2,071 138 Forest buffers (acres) 200 730 365 Grass buffers (acres) 200 0 0 Manure transfer (tons) 14,000 10,664 76 Animal Waste Management 11 23 209 Systems (systems) Non-urban stream restoration 4,000 6,082 152 (feet) Urban/suburban Wet ponds and wetlands (acres 500 123 25 drained) Dry extended detention ponds 500 489 98 (acres drained) Urban filtering practices (acres 50 0 0 drained) Erosion and sediment control 1,400 1,307 93 (acres) Wetland restoration (acres) 5 0.2 4 Septic connections (systems) 364 138 38 Septic pumpings (systems) 6,800 2,876 42 Septic denitrification (systems) 2 0 0 SOURCE: T. Koon, WV DEP, personal communication, 2010.

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