9/9 FRI 11:00 | EPA's Numeric Nutrient Criteria 3

  • 150 views
Uploaded on

Robert Higgins …

Robert Higgins

The Environmental Protection Agency (EPA) has announced its intent to adopt numeric nutrient criteria for Florida’s water bodies (lakes, streams, canals and estuaries). The criterion is
unprecedented in the nation and has drawn national attention to Florida’s water quality programs. The panel will discuss the legal genesis of this proposed rule, including the most up to date developments in the state legislature and Congress; its technical aspects, including the scientific basis for the rule; implementation
and relief mechanisms; and the criteria’s impact on Florida’scurrent permitting programs, as well as its impact on a wide variety of stakeholders in Florida.

More in: Technology
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
150
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
2
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. APA Florida 2011 Conference
    FDEP Unified Stormwater Rule
    Vs.
    EPA Numeric Nutrient Criteria
    by
    Robert W. Higgins, P.E.
    West Palm Beach, Florida
    September 9, 2011
  • 2. Question:
    How does the EPA Numeric Nutrient Criteria fit with the Unified Stormwater Rule proposed by Florida Department of Environmental Protection
    ?
  • 3. Answer:
    • It is unknown at this time
    • 4. There is a considerable amount of confusion
    • 5. EPA NNC Applies to All Discharges
    • 6. FDEP Stormwater Rule Applies to New Discharges
  • BACKGOUND:
    Issue First Raised in Southwest Florida
    State 401 Water Quality Certification Rejected by EPA
    Harver Harper Methodology Used to Demonstrate “Pre vs Post” Water Quality Loading is Met
    SFWMD Proposes a Special Basin Rule for SW Florida
    FES (and others) Requests Looking at Statewide Applicability
  • 7. STATEWIDE RULE STATUS
    2008 – 2009: Technical Advisory Comm.
    May 2010: Conducted Public Workshops
    September 2010: Revised Draft Rule Criteria
    November 2010: Conduct Public Workshops
    March 2011: Revised Draft Rule Criteria (additional workshops TBD)
    May 2011: Authorizing Legislation – Not Filed
    July 2011 or Later: Rule Adoption – Not Done
    Next Step – Unknown
    Recent Senate Committee Report Recommends a Uniform Statewide Environmental Resource Permit
  • 8. WHY NOW?
  • 9.
  • 10. STATEWIDE STORMWATER RULE OBJECTIVES
    Increase Nutrient Removal
    Requirements for Discharge to Impaired Waters
    Statewide Consistency
    Additional BMPs
    BMP Treatment Train Credit
    Encourage Low Impact Design
    Encourage Redevelopment & Retrofitting
    Rule not applicable to Agricultural Uses
  • 11. STATEWIDE STORMWATER RULE
    Limits average annual nutrient load for total phosphorus (TP) & total nitrogen (TN)
    85% treatment efficiency (load reduction) or;
    Post development load less than load from natural land cover condition (Post = Pre), whichever is less stringent
    Adds several new treatment methods (BMPs) with specific nutrient removal quantification
    One statewide methodology that allows for differing regional conditions
  • 12. BMPs
    Primary Quantifiable BMPs:
    Wet Detention Ponds (residence time calculation)
    Dry Retention Ponds (retention)
    Pervious Pavement Systems (retention)
    Stormwater Harvesting (recycling/retention)
    Green Roof/Cistern Systems (retention)
    Exfiltration trench/underground vaults (retention)
    Swales (retention/percolation)
  • 13. BMPs
    Additional BMPs Needing More Input/Data
    Underdrain Filtration (dry retention with underdrains)
    Dry Detention
    Wetland Treatment
    Vegetated Buffers
    Managed Aquatic Plant Systems
    Low Impact Design BMPs
  • 14. REDEVELOPMENT & RETROFITS
    Currently, redevelopment that demolishes to bare earth will require full treatment
    However, redevelopment less than a specific acreage may provide a feasibility analysis to demonstrate that a lower level is appropriate (provide as much treatment as site can provide)
    Minor Retrofit Projects Require Net Improvement
  • 15.
  • 16.
  • 17. STAY UP TO DATE
    • Web Site:
    www.dep.state.fl.us/water/wetlands/erp/rules/stormwater/index.htm
    Sign Up for Email List on Web Site
  • 18. PROBLEMS
    “Pre” is Considered to be “Pre Man”
    Wetlands Are Considered Neutral
    Limited Data
    Does One Size Fit All? (Five WMD’s For a Reason)
    Unknown Benefits For Certain BMP’s
    Agriculture is Exempt
    Large Economic Impact (More Land Area Required)
    Criteria is Still Presumptive
    Compliance With NNC Unknown
    Lengthy Rulemaking – Likely Challenged
  • 19. APA Florida 2011 Conference
    FDEP Unified Stormwater Rule
    vs.
    EPA Numeric Nutrient Criteria
    QUESTIONS