of Adaptive Management and Water Quality Trading Amy Callis Agricultural NPS Implementation Coordinator Mary Anne Lowndes Runoff Management Section Chief Wisconsin Department of Natural Resources ID: 313510
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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 ResourcesSlide2Purpose
AM & WQT BasicsRolesEvaluation/DevelopmentImplementation
Post-implementationNext StepsOverviewSlide3Discuss how AM & WQT fit into existing NPS implementation
structure in WIAudience: NPS ImplementersCounty Land Conservation DepartmentsNon-governmental organizations focusing on agricultural conservation workPrivate consultants in agricultural conservation fields
Provide considerations to NPS implementers for voluntary participation in AM and WQTPurpose of the HandbookSlide4DNR
DATCPUWEXNRCSWisconsin Land + WaterColumbia CountyBarron CountyOutagamie County
Washington CountyThe Nature ConservancyClean WisconsinStakeholder GroupSlide5Do 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 ConsiderationsSlide6Compliance options for WPDES permit holders to meet discharge requirements
AM & WQT BasicsSlide7
Basic Components of AM & WQTSlide8Permittee is conducting an investigation to determine if they will:
Optimize the facilityConduct a facility upgradeUtilize AM to meet water quality standards in the receiving waterImplement WQT to offset loadsCombination of options
… In order to select and submit compliance method to DNR.Evaluating Compliance OptionsSlide9Determine NPS pollutant loading in target watershed
Provide existing inventory dataEstimate potential load reductions and credits available in target watershedAssist in identifying criteria used to target critical sources for NPS reduction or credit generators
Historical perspective on landowner cooperation and willingness to implement BMPsAssisting with EvaluationSlide10Once a permittee has preliminary approval to utilize AM or WQT for compliance with WPDES permit requirements, it is time to develop:
An adaptive management planA water quality trading strategy
Identifies how the permittee will meet the permit requirements Developing the Plan/StrategySlide11Conducting an inventory and identifying sources of pollution
Identifying load reduction potential, critical source areas or credit generatorsPropose corrective measures/best management practicesEstimate pollutant reductions
Assisting with DevelopmentSlide12Adaptive ManagementIn-stream water quality monitoring plan
Water Quality TradingModeling load reductions in order to calculate creditsUnique Program ComponentsSlide13If 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 termsPermittees may contract with NPS implementers to assist with completing the goals of the plan/strategy
Implementing the Plan/StrategySlide14Contracts
ResponsibilitiesFundingRegulatory authoritiesImplementing BMPs
VerificationTracking & ReportingImplementation ConsiderationsSlide15Use to define scope of work
Clearly identify roles and responsibilities between parties involvedConsiderations for a contract:Identify funding information, if applicable Timeline and schedule for implementationPost-implementation responsibilities
Tracking and reportingAbility to re-evaluate and modify contract conditionsContracts with a PermitteeSlide16Participation 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 limitsContracts between permittees and NPS implementers should outline responsibilitiesNPS implementers will be responsible for activities and tasks agreed to in a contract
Permit compliance cannot be transferred from the permitteeNote on Responsibilities Slide17Will the permittee pay the NPS implementer for their services?
Who manages the money?What activities should be considered for funding:Staff expensesBest management practices Maintenance of practices
Performance incentivesOther?Funding AM/WQT ImplementationSlide18Local
State FederalNGO/OtherWork with the appropriate program contacts to determine project eligibility and overlap with AM or WQT programs
Overlap with Other Funding ProgramsSlide19
NR 153 does not allow for funding of permit compliance requirements Includes TRM and NOD grants
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 OverlapSlide20Implementation 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 AuthoritiesSlide21OrdinancesTown, 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 AuthoritiesSlide22DNRNR 243 and NR 151 are the primary water quality standards related authorities
Other state authoritiesi.e DATCP
State AuthoritiesSlide23Production sites = no implementation options
Required to meet “zero discharge”Cropland = potential implementation optionsTo participate, facility has to maintain compliance their WPDES permitProposed practices should go beyond the existing WPDES permit requirementsPractices could be related to something not regulated by the WPDES permit
NR 243: Permitted FarmsSlide24Site 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 WQTCase-by-case fashion regarding their participation in AM or WQT…
NR 243: Non-permitted FarmsSlide25Runoff 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 standardsDNR expects the performance standards to be attainedHowever, if a permittee is proposing to
not attain the performance standards, they will need to submit the proposal to DNR for reviewManure management prohibitions are not available as options for WQTProhibited activitiesTypically not able to be modeled for credit calculationsNR 151Slide26Sheet, rill and wind erosion*Tillage setback
Phosphorus index*Manure storage facilitiesProcess wastewater handlingClean water diversionsNutrient management*
*Most likely to be considered for AM and WQT implementationNR 151: Ag Performance StandardsSlide27
No overflow of manure storage facilitiesNo unconfined manure pile in a water quality management areaNo 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: ProhibitionsSlide28Mostly program participation
Landowner’s responsibility to ensure complianceORSign a release with NPS implementer to assist with information review
Federal AuthoritiesSlide29Participation 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. RegulatorySlide30Federal ProgramsRecommend participants work with the federal program contacts on program requirements
State ProgramsWork with appropriate agency contacts to ensure compliance with applicable program requirementsLocal ProgramsWork with local contacts
Overlap with Existing ProgramsSlide31
Meet with participantsIdentify eligible BMPsDevelop agreement/contract with participant
Design and install BMPsVerify post-construction conditionsDocument project statusImplementation of PracticesSlide32Long-term verification of BMPs
Additional funding for maintenance?How long; how often?Continued load reduction modeling (WQT)In-stream monitoring (AM)
Post-ImplementationSlide33Tracking systems
Pollutant load modelingBMPs and technical standards usedLocation informationCompliance determinations with AM/WQT contracts
Repairs/modifications needed/completedReport to permittee for permit complianceTracking & ReportingSlide34Compliance and enforcementDepends on the agreement/contract language with the landowner
Depends on the agreement/contract language with the NPS implementerStatewide VarianceUnanswered QuestionsSlide35Draft guidance document will be posted on DNR’s guidance website for comment
Anticipated by the end of Marchhttp://dnr.wi.gov/news/input/guidance.html
Next StepsSlide36AM 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 MessageSlide37
Questions/Discussion
Amy Callis
Agricultural NPS Implementation Coordinator
608-267-7628
a
my.callis@wisconsin.gov
Mary Anne Lowndes
Chief, Runoff Management Section
608-261-6420
m
aryanne.lowndes@wisconsin.gov