503888001B C United Slates Environmental Protection Agency Office ol Water National Eatuary Saving Bays and Estuaries: A Handbook of Tactics Introduction Estuarieswhere rivers meet the sea, and fresh water mixes with saltare among the earth's richest and most productive habitats. They serve as the principal spawn- ing grounds and nurser- ies for at least two-thirds of our Nation's commercial fisheries, provide irreplace- able recreational and aesthetic enjoyment, and are home to valuable and diverse species of fish, shellfish, and wildlife. They are also home to people. Already, 70 percent of the U.S. population lives within 50 miles of a coastline, and that number is growing. But with people comes pollution, and our estuaries are clearly in trouble, threatened by toxic and bacterial contamination, sewage discharges and agri- cultural runoff, oxygen- depleted waters, and loss of fish and wildlife habitat. Learning Through The National Estuary Program There are no easy answers to these problems, but we have learned some lessons. One is that estuaries are complex ecological systems with subtle dependencies among many species and habitats. If conditions change in one area, they will also change in others. In estuaries, there are very few purely local effects. We've also learned that conventional, "end-of-pipe" pol- lution controls are not enough. Agricultural runoff and other nonpoint sources contribute pesticides and excess phosphorus and nitrogen to bays hundreds of miles away; the wind carries in toxics that contaminate bottom sediments in otherwise pristine waters. Yet how do we regulate homeowners who put too much fertilizer on their lawns? How does one State control air pollutants coming from another State on the other side of the country? Finally, we've learned that saving our estuaries and ------- , v>EPA Strategies for Protecting coastal waters is a long-term process. It will demand heavy commitments of time, money, and support from everyone who affects or uses or benefits from their resources. Just as important, it will require a fresh approach to solving environmental problems, one that recognizes we are dealing with integrated ecosystems, not clusters of isolated problems. EPA's National Estuary Program provides an oppor- tunity to apply these hard-won lessons. Under the law, its mission is to protect and enhance water quality and living resources in estuaries by helping States to develop and carry out basin-wide, compre- hensive programs to conserve and manage their estuarine resources. This handbook shares some of the experience gained in this process in estuary pro- grams throughout the country and demonstrates many innovative tactics for LIMIT GROWTH IN SENSITIVE AREAS UPGRADE/BUILD SEWAGE TREATMENT PLANTS ENCOURAGE OPEN SPACE & FORESTED LANDS ALONG THE WATERFRONT REDUCE TOXIC DISCHARGES IMPLEMENT STRONG FISHERIES MANAGEMENT PROGRAMS ------- and Estuaries What a Management Conference Does A management conference is a committee convened for a specific estuary by the Administrator of EPA to decide what actions to take to protect or restore the estuary. Under the law, a management conference must carry out seven major tasks: assess trends in the estuary's water quality, natural resources, and uses; identify causes of environmental problems by collecting and analyzing data; assess pollutant loadings in the estuary and relate them to observed changes in water quality, uses, and natural resources; recommend and schedule priority actions to restore and maintain the estuary, and identify the means to carry out these actions (this is called a comprehensive conservation and management plan); ensure coordination on priority actions among Federal, State, and local agencies involved in the conference; monitor the effectiveness of actions taken under the plan; and ensure that Federal assistance and development programs are consistent with the goals of the plan. CONTROL STORM WATER RUNOFF INSTALL BEST MANAGEMENT PRACTICES ON FARM LANDS IMPROVE SEPTIC SYSTEMS CONTROL AGRICULTURAL RUNOFF IMPLEMENT NUTRIENT AND PESTICIDE MANAGEMENT PROGRAMS 'y'Jk (j^3 > _ -i PROTECT CRITICAL WETLANDS AND SPAWNING AREAS dealing with major estuarine and coastal problems. Three ecosystem management areas are covered: water and sed- iment quality; living resources; and land and water resources. Other areas of interest include technical support and financial resources. The case study format is designed to present infor- mation clearly and quickly, and also identifies sources of additional information. We encourage readers to use the handbook along with the Estuary Program Primer, a manual for establishing and managing estuary programs, and hope that these case studies will alert managers to ------- innovative management tools and help them avoid costly mistakes. We also hope that users will find new ways to apply the lessons presented in these case studies and that participants in other programs will share their experiences. We plan to expand the handbook as new approaches and lessons emerge with experience. The National Estuary Program welcomes comments and suggestions for additions to this handbook. For more information contact: Mark Alderson National Estuary Program Office of Marine and Estuarine Protection (WH-556F) Office of Water U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 (202)475-7102 4>EPA The National Estuary Program The purpose of the National Estuary Pro- gram is to identify nationally significant estuaries, protect and improve their water quali- ty, and enhance their living resources. Estuaries are to achieve these goals through collaborative efforts called comprehensive conservation and management plans (CCMPs)', development of CCMPs is carried out by over- sight committees called management conferences. The legislation that estab- lished the National Estuary Program named 11 estuaries to receive priority considera- tion to be in the program. These are Albemarle/Pamlico Sounds, Long Island Sound, Buzzards Bay, Narrangansett Bay, Puget Sound, San Fran- cisco Bay, Galveston Bay, Sarasota Bay, Delaware Bay, Delaware Inland Bays, and New York-New Jersey Harbor. Santa Monica Bay was added to this list in the Fiscal Year 1988 Appropriations Act. The Administrator of EPA selects estuaries for the pro- gram in response to nomina- tions by State governors, or at the Agency's initiative in the case of interstate estuaries. Estuaries are selected based on their potential to address issues of significant national concern, as well as their demonstrated institutional, financial, and political commit- ment to carry out protective actions. Once an estuary is selected, the Administrator formally convenes a manage- ment conference. Management conferences provide a framework for in- terest groups to work together to develop comprehensive plans and timetables (the CCMPs) to protect and restore the estuary and coastal areas. Conference members must include citizen and user interest groups, scientists, government of- ficials, and resource managers from Federal, State, and local agencies. Representatives from these groups sit on an oversight committee that serves as tne formal management con- ference and oversees development of the CCMP. Other technical, policy, and citizen advisory committees may provide supplemental ad- vice and help. This committee structure approach was first developed in the Chesapeake Bay and Great Lakes pro- grams and has worked very well. We expect it will work equally well for other estuary and near coastal water programs. 53*?*?; ^-^?*s±, ------- i United States Environmental Protection Agency Office of Water National Estuary Program Point Source Controls: The Potomac River Cleanup Hesforing a river through cooperation and consensus WASHINGTON METROPOLITAN AREA Characteristics 14,670 square mile drainage basin has approximately 100 tributaries Large quantities (averaging 456 million gallons/day) of treated effluent are released from the Washington. D C area Approximately 3 million of the basin's 4 million residents live in the Washington metropolitan area which is adjacent to the estuary, population is projected to increase 20 percent by 2000 Resources The river is a major spawning area for anadromous and semi- anadromous fish species, e.g , shad, perch, and striped bass 1985 commercial finfish landings were valued at over $2 million Recreational activities include sport fishing and boating Municipal water supply withdrawals averaged approximately 370 million gallons per day (in 1985) Issues Municipal treatment plants are the only major point-source loading Nutrient loadings encouraged algal blooms, which have led to low oxygen levels, fishkills. and changes to the ecosystem Estuary cleanup has required a concerted cooperative effort among the Washington region's principal local jurisdictions MD Treatment Plants Subject To Stringent Controls In Potomac River Basin 1 ALEXANDRIA 2 AQUIA 3 ARLINGTON 4 BLUE PLAINS 5 DALE CITY 6 LEESBURG 7 LITTLE HUNTING CREEK 8 LOWER POTOMAC 9 MATTAWOMAN |~T 10 H L MOONEY j ^ 11 PISCATAWAY 12 SENECA WASTEWATER FLOWS million gallons Def day VA Introduction In the late 1960's, local, State, and Federal officials began a coordinated and sustained effort to clean up the Potomac River. Historically, the Upper Potomac River Estuary had suffered from severely degraded water quality. Noxious odors, large mats of floating algae, blue-green algae, depleted oxygen concentrations, and turbid water were frequent conditions. Pollution-sensitive fish (such as large-mouthed bass) and submerged aquatic vegeta- tion had largely disappeared from the river. Bacterial contamination and viruses prevented safe water con- tact recreation. Efforts by scientists and local, State, and Federal of- ficials in the past 20 years to implement and upgrade point source controls, however, have dramatically reversed the trend of declining water quality. The States of Maryland and Virginia and the District of Columbia implemented stringent point source discharge limits based on analysis of the upper estuary's assimilative capacity and the capabilities of wastewater treatment technology. These actions have reduced biochemical oxygen demand (BOD) and phosphorus discharges to the upper estuary by 95 percent. Algal blooms are now infrequent, and submerged aquatic vegetation and many species of sportfish have reappeared in the river. Potomac River area residents now benefit from com- mercial and recreational river uses. Overview and Characteristics of the Problem The Potomac River drainage area encompasses por- tions of the States of Pennsylvania, Virginia, West Vir- ginia, the District of Columbia, and Maryland. About 95 percent of the land in the basin is forested or in agricul- ture. In sharp contrast, the upper estuary, which ex- tends 54 miles from the northwest boundary of Washington, D.C. to Maryland Point, is highly urbaniz- ed. The upper estuary receives the largest volume of flow from treated wastewater discharges. Industrial dis- charges are insignificant. ------- The Potomac supports two critical water uses in the Washington area. As a major water supply, the free- flowing part of the river provides about 75 percent of metropolitan Washington's drinking water. The Potomac is also profoundly important to the area as a recreational and aesthetic resource. The river supports boating, fishing, and, in some areas, swimming. Hundreds of miles of parkland border the Potomac, in- cluding the Washington, D.C. Tidal Basin, site of several major memorials and tourist attractions. For much of this century the Potomac has suffered from pollution stresses. During the 1950's it was described as an open cesspool. Rapid development of the Washington metropolitan region was a major factor in the river's decline. Between 1940 and the early 1970's, population growth repeatedly outstripped sewage treatment plant capacity, despite expansions intended to meet demands for years to come. Raw or partially treated sewage was regularly discharged into the Potomac as a consequence of overloaded plants and inadequate sewer capacity. Of the 11 major treatment plants that serve the Washington metropolitan area, the Blue Plains facility is the largest point source to the estuary. This regional plant, managed by the District of Columbia, serves the city and some of suburban Maryland and Virginia. In 1985, the Blue Plains plant discharged about 309 mil- lion gallons a day directly to the estuaryabout 65 to 70 percent of the entire wastewater load for the year. Chronology of the Cleanup Effort In the late 1950's conferees at the first Federal-State Potomac Enforcement Conference meetings, con- vened by the U.S. Public Health Service to address water quality problems, recommended secondary wastewater treatment. By 1965, however, water quality in the Potomac had worsened because rapid popula- tion growth and accompanying increases in sewage flows had outstripped plant capacities. President Lyn- don B. Johnson called national attention to the Potomac when he proposed making it a model for a na- tional water quality improvement campaign. Following his appeal, Congress passed the Water Quality Act of 1965, which required States to establish water quality standards. Jurisdictions in the Washington metropolitan area agreed to adopt a fishable-swim- mable standard. The Federal-State Potomac Enforcement Con- ference was reconvened in 1969. Conferees developed discharge limits based on an assessment of the estuary's assimilative capacity and available treat- ment technology. Conferee recommendations, which were strenuously debated, pushed treatment tech- nologies to their limits. Nevertheless, the recommenda- tions were formally accepted in 1970 by the District of Columbia, Maryland. Virginia, and local jurisdictions through the Memorandum of Understanding (MOU) on the Washington Regional Water Pollution Control Plan. upgrades to the Blue Plains regional wastewater treat- ment plant, allocated capacity for the plant to the Dis- trict of Columbia and its suburban users, and proposed a schedule for siting and constructing another regional plant to absorb the anticipated increases in treatment demands on the Blue Plains facility. What appeared to be a workable intermunicipal framework for addressing Potomac pollution problems quickly broke down as the population continued to grow and sewage flows to Blue Plains exceeded juris- dictional flow allocations. Threats of lawsuits to enforce these allocations led to a new agreement in 1971 for in- terim treatment at Blue Plains. In addition, building moratoria established to restrict sewage treatment demands were not strictly enforced, and demand for treatment continued to grow. Thus, in 1973, the Com- monwealth of Virginia filed suit against the Washington Suburban Sanitary Commission (the agency respon- sible for sewage in the suburban Maryland counties and at that time the prime source of the excess flows). Fairfax County, Va., the District of Columbia, and the Federal government joined the suit. The parties to the suit ultimately reached an agreement in 1974, the basis for a consent decree that, among other things, limited the amount of sewage each jurisdiction could send to Blue Plains. It also es- tablished a formula for jurisdictions using the plant to take responsibility for sludge disposal. A key feature of the decree, lacking in previous agreements, was ac- countability. Violations, including delays, would con- stitute a contempt of court and would be punishable. Throughout the 1970's new treatment technologies were installed and plants constructed and ex- panded. Potomac water quality began to improve. The upgrading of treatment plants, however, exacerbated an old problem. Advanced waste treatment processes produced substantially larger quantities of sludge than secondary treatment alone had. Difficulties in locating sludge disposal sites led to legal actions in which the District of Columbia sued Maryland's Washington Sub- urban Sanitary Commission to force disposal of sludge as agreed in the 1974 consent decree. Anxious to overcome the interjurisdictional squab- bling and court battles of the 1970's, representatives from area jurisdictions and treatment plant operators began to form standing committees to negotiate agree- ments, monitor progress, resolve differences, and plan for future needs on a regular basis. The first and most prominent committee was made up of chief administra- tive officers (CAO's) representing the principal Blue Plains user jurisdictions and agencies. This committee, known as the Blue Plains CAO's, was organized in 1980 under the auspices of the Metropolitan Washington Council of Governments, which provided neutral grounds for meeting and support staff. The Blue Plains CAO's Committee undertook the reworking of the wide array of existing agreements, some of which dated back to the 1950's. Committee staff worked diligently, and at one stage met weekly for municipal agreement for managing sewage treatment and sludge disposal through 2010. An informal but im- ------- portant ground rule that has been credited with promot- ing agreement was the commitment of all participants to stay on at certain critical meetings until the issues at hand had been fully resolved. The resulting Blue Plains Intermunicipal Agreement was signed by area jurisdictions in September 1985. In addition to sewage and sludge management, the agreement formalized annual funding support to a coordinated program for monitoring and tracking Potomac water quality. This program, managed by the Metropolitan Council of Governments, provides a com- mon and comprehensive data base to enable a scien- tific approach to water quality planning and decision- making. Another important component of the agree- ment included the specification of conditions that would regulate or stop a user's commitments for sys- tem extensions if its sewage flows exceeded its allo- cated capacity at Blue Plains. The lack of such a provision in earlier agreements had been a significant problem during the 1970's. Another important group, the Potomac Studies Policy Committee, was formed in 1985 to develop con- sensus positions of common interest to the Washington area wastewater treatment community. The policy committee evaluates technical issues as- sociated with Washington area water quality manage- ment programs and standards. It addresses estuary- wide problems and the contribution of upstream Potomac pollution loading sources that affect regional water quality, and provides a unified voice for negotiat- ing with water quality regulators. The policy committee strives to achieve balance between treatment technol- ogy, costs to users, and water quality standards. The Blue Plains and Potomac Studies Policy Com- mittees have proven themselves to be valuable forums for ongoing resolution of regional water quality con- cerns and issues, preventing the crisis atmosphere that pervaded the preceding decade. Participants are pleased with the cooperation achieved between local jurisdictions and wastewater treatment plant operators thus far and are optimistic that it will continue. Financing The success of the Potomac cleanup to date has been hard won, taking over 20 years of sustained effort and more than $1 billion investment in capital facility im- provements. The 1972 Federal Water Pollution Control Act's Construction Grants Program covered 75 percent of plant construction, expansion, and upgrading costs. Remaining funds came from local government expenditures and State grant programs. The annual operating costs to meet plant discharge requirements now exceed $100 million per year at the Washington region's principal discharges. These costs are financed through local user fees. Results Although the original goal, established in the late 1960's, of obtaining fishable-swimmable conditions year-round in the upper estuary remains to be fully real- Comparative Wastewater Flows and Pollutant Loadings To The Upper Potomac Estuary Total Total Suspended Solids Phosphorus Biochemical Oxygen Demand ------- ized, significant improvements in Potomac water quality have been made. The improvement in the upper estuary has, in turn, contributed to dramatic improve- ment in the lower estuary. Reductions of nearly 95 percent in biochemical oxygen demand and total phosphorus point source discharges highlight the accomplishments.This has been achieved through stringent nutrient limits for municipal wastewater discharges. For example, the current effluent phosphorus limit for Blue Plains is 0.18 mg/L. Effluent limits assigned to Washington area treat- ment plants could be met only by upgrading secondary treatment plants to advanced waste treatment facilities, which use additional filtration, nutrient removal proces- ses, and chlorination. Improvements to other facilities have also enhanced water quality in the basin. The im- provements included increases in sewer transmission and wastewater treatment plant capacities, and im- proved operational procedures to substantially reduce the incidence of wet weather overflows. Most of the Washington metropolitan area's sewer system is now connected to advanced waste treatment facilities, either on-line or under construction. The Blue Plains plant is one of the largest advanced waste treatment plants in the United States. Signs of a healthy river that were missing from the estuary during the 1950's and 1960's are now reap- pearing. Submerged aquatic vegetation and accom- panying desirable species of fish and wildlife have returned in abundance to many portions of the river. At the same time, the growth of nuisance blue-green algae has been greatly reduced. As river water quality has improved, commercial and recreational activities along the river have also re- emerged. The waterfront now provides an attractive location for parks, recreational facilities, and res- taurants. Boating and fishing are common along the urban stretch of the estuary. Other sources of pollution have increased in relative significance as Washington area point source loads have been cut. Discharges of nutrients, biochemical oxygen demand, and sediment loadings from upstream point sources, nonpoint sources, and nutrient releases and oxygen demand from river bot- tom sediments all contribute to pollutant loading inputs to the upper estuary. The participants in the Potomac cleanup program have turned their attention to meeting the new challen- ges. The existing regional monitoring network and data base are already being used, and the 1970 Memoran- dum of Understanding has been revised and reaf- firmed. The regional framework developed to confront point source removal is providing a ready forum for ad- dressing emerging issues. While some pollution problems remain, further progress will require improved wastewater treatment at smaller facilities upstream and downstream of the Washington, D.C. region. Implementation of effective nonpoint source controls, particularly for agricultural nonpoint source loadings, will also be needed. Lessons Learned The latest round of Potomac River cleanup activities has taken two decades to reach its current level of suc- cess. The effort has been difficult, but it has worked. Its success was due to people who insisted on more than the status quo. They invested in technologies required to meet stringent effluent limits to protect the estuary. They strove for cooperative agreements and held others to them, going to court when necessary. It took technical talent the scientists who developed the models and analyzed the data, the treatment plant operators and engineers who implemented the require- ments. It took money a combined local, State, and Federal investment exceeding $1 billion in capital facilities, and user fees of over $100 million a year in plant operation costs. Most important, the cleanup succeeded because of the initiative, cooperation, and sustained commitment of local agencies to hammer out and implement the interjurisdictional agreements necessary to make it work. Improving conditions in the Potomac required an enormous effort to overcome resistance to building moratoria, legal suits, press coverage, and a charged atmosphere among the participants. Ultimately, however, a high level of cooperation among local governments and the regulatory agencies led to the dramatic improvement in water quality conditions that area residents now enjoy. Through the efforts and bat- tles along the way, a strong and lasting framework for cooperation has evolved. The Potomac's cleanup was facilitated under the regional policy and technical committee structure which evolved in the 1980's to track progress and evaluate future water quality management needs. This structure has proven quite effective as a forum for developing consensus positions on regional water quality management issues and programs. It derives its strength and continuity through a collective local government commitment to the support of a central- ized technical staff, data base, and reporting function dedicated to the assessment and resolution of Potomac water quality issues. But for all the achievements, the greatest lesson from the Potomac's experience may be that strategies for pollution control must be flexible and continually evolving. New problems and questions have emerged as a result of regional successes in reducing point source loadings. For example, environmentally sound and cost-effective sludge management programs, ac- ceptable to both regulatory agencies and local com- munities, must be found and agreed upon. Area decisionmakers and residents must evaluate to what extent they are willing to protect area water quality and identify the most cost-effective, practical, and accept- able management programs. For further information, contact Stuart Freudberg or Cameron Wiegand, Metropolitan Washington Council of Governments, Washington, DC, or Mark Alderson, EPA Project Manager, Washington, DC. ------- oEPA United Stales Environmental Proteclio Agency National Estuary Program A Phosphorus Strategy for the Great Lakes Improving water quality through intergovernmental agreements UNITED STATES/CANADA Characteristics The largest freshwater bodies in the world, the Great Lakes comprise: -20 percent of the earth's fresh surface water, -95 percent of North America's fresh surface water, -6 billion gallons of water discharged per hour via the St. Lawrence River. Retention times for water in the lakes range from less than 3 years to over 200 years Resources The Great Lakes are the center of U.S. heavy industry. $155 billion of economic activity occurs annually $3 billion in recreational activity occurs annually 24 million Americans depend on the lakes for drinking water Issues Loss of commercial fishing continues. Aesthetics and recreation are impaired. Drinking water resources are affected Public health risks from food consumption continue. CANADA GREAT LAKES BASIN AREA CAKE SUPERIOR QUEBEC LAKE HURON 1AKE MICHIGAN U.S.A. / LAKE ERIE LAKE ONTARIO J Introduction Recognizing the importance of the Great Lakes, the U.S. and Canadian governments have operated a long- term intergovernmental program to control direct and indirect sources of pollution, monitor conditions, and assess trends in the water quality and biological health of the lakes. By the late 1960's the effects of years of pollution in the Great Lakes were alarming, particularly in Lake Erie and Lake Ontario. Eutrophication - a natural process of nutrient enrichment and silting - was accelerated by high levels of phosphorus entering the lake. As a result, oxygen depletion was widespread and many previously abundant fish species and other aquatic organisms were virtually eliminated. By setting pollution control goals that the two countries could agree on, the Great Lakes Water Quality Agreements of 1972 and 1978 have guided a successful cleanup and restored a viable fishery for the world's largest freshwater system. These joint initia- tives address conventional pollutants (such as plant growth-inducing nutrients) as well as toxic con- taminants entering the lakes from land-based activities. The nutrient control aspects of the program are dis- cussed here. Overview and Characteristics of the Problem The Great Lakes contain 95 percent of the fresh surface water in North America. This vast resource supports commercial and recreational fisheries, water supply, shipping, and aesthetic enjoyment. The five Great Lakes, their interconnecting channels, and the St. Lawrence River outlet to the Atlantic Ocean are integral components of the U.S. and Canadian economies. The Great Lakes basin supports one fifth of all American in- dustry. Over $180 billion in annual economic activity is based on the Great Lakes: the Canadian portion of the Great Lakes Basin accounts for $27 billion in economic activity; the U.S. portion accounts for $155 billion. ------- In the past 170 years, the population of the Great Lakes basin has increased more than a hundredfold. Today, the basin is home to nearly 37 million people, comprising a third of the Canadian population and a seventh of the American population. This growth was accompanied by increasing point and nonpoint source pollutant inputs to the ecosystem. By the 1930's, the impacts of these pollutants were becoming apparent in the biological, physical, and chemical components of the Great Lakes ecosystem. Commercial fish species (lake trout, blue pike, whitefish, sauger, and lake her- ring) declined sharply; the once-abundant mayfly dis- appeared from western Lake Erie, Green Bay, and Saginaw Bay; and populations of opossum shrimp vanished from Lake Erie. Algal production, however, not only increased, but shifted from predominately free-floating forms valuable as food for fish fry toward more troublesome species typical of elevated nutrient conditions. Long-term changes in both open-lake and near-shore water chemistry reflected eutrophic condi- tions from nutrient enrichment. The dramatic changes in fish communities and other aquatic organisms were directly linked to decreased oxygen levels. Linkages were particularly well docu- mented in western Lake Erie, Green Bay, and Saginaw Bay. In the central basin of Lake Erie, for example, roughly 70 percent of the bottom waters developed pronounced oxygen deficits each year. Program Development The institutional framework for the Great Lakes clean- up was actually established in 1909 by a Boundary Water Treaty between the United States and Canada. The treaty established the International Joint Commission, which was asked in 1964 by the U.S. and Canadian governments to study the water quality con- ditions in Lakes Erie and Ontario (the "Lower Lakes") and the St. Lawrence River. In 1970, the commission reported its findings: Lake Erie (and particularly the Western Basin) was already in an advanced state of eutrophication, and the eutrophication of Lake Ontario was accelerated. In both cases, current and historic nutrient loadings were at fault. Phosphorus is the only nutrient required for growth whose level can be effectively controlled with current technology such as widespread improvements in existing municipal and industrial wastewater treatment plants. _, The major phosphorus source to the lakes is municipal sewage; agricultural runoff and industrial wastes are the only significant nonsewage phosphorus sources. Detergents contribute 70 percent of U.S. and 50 percent of Canadian sewage phosphorus. Based on these findings, the commission recom- mended that the Governments of Canada and the United States enter into agreement on an integrated phosphorus control program, to include 1 An immediate reduction in detergent phosphorus content (to a minimum practicable level) followed by the complete replace- ment of detergent phosphorus with environmentally less harmful materials, by December 31, 1972; 2. An 80 percent reduction in nondetergent residual phosphorus in municipal and industrial waste effluents discharging to Lakes KEY COMPONENTS OF NUTRIENT CONTROL STRATEGY PHOSPHATE DETERGENT BAN AGRICULTURAL NONPOINT SOURCE CONTROLS STRINGENT MUNICIPAL AND INDUSTRIAL POINT SOURCE CONTROLS Erie and Ontario and the international portion of the St Lawrence River by 1975, with subsequent reductions to the maximum extent possible by economically feasible processes; and 3. General reductions in agricultural inputs of phosphorus to Lakes Erie and Ontario and the international portion of the St. Lawrence River. The findings and recommendations of the commis- sion indicated the severity of the problem, the need for major pollution control actions, and the need for broad political support. To meet these needs, it was deter- mined that an international agreement must be forged to implement a binational cleanup effort. As a result, the first Great Lakes Water Quality Agreement was signed by the United States and Canada on April 15, 1972, agreeing to the need for a phosphorus reduction program based on commission findings. Then during the mid-1970's additional modeling work was completed, which Quantified how much phosphorus entered the system from point, nonpoint, and atmospheric sources and determined how many tons of phosphorus reduction per year would be needed to meet the target reduction in each lake; Set target phosphorus concentrations for each lake to achieve a healthy ecosystem. Using these modeling tools, a new agreement was signed in 1978 that Allocated these phosphorus reduction requirements to each country, and Determined how many tons of phosphorus reduction per year would be needed to meet the target concentration for each lake. Control Program Point source controls, especially on municipal waste- water treatment plants, provided the basic thrust of the phosphorus reduction program. A treatment level of 1 mg/L phosphorus in treatment plant effluent was est?L - lished for all plants of 1 million gallons per day o- greater capacity under the 1978 agreement Reaching this level required plants to use advanced wastewater treatment. It was also recognized that effluent control. aione would not meet the goals, and additional reduc- tions from agricultural nonpoint controls and phos- phate detergent bans would be necessary. ------- Although great progress occurred during the 1970's, the 1983 update of the Great Lakes Water Quality Agreement mandated development of U.S. and Canadian Phosphorus Management Plans. The U.S. plan, submitted in 1986, states that if nonpoint source controls do not achieve the necessary addition- al reductions in total phosphorus loadings (to be deter- mined in a scheduled 1988 progress review), municipal treatment plants will be required to meet effluent phos- phorus levels below the current 1 mg/L limit. The plan further states that the water-quality based controls mandated in the Clean Water Act will be implemented if the combined effect of advanced wastewater treatment and nonpoint source control do not meet the in-lake phosphorus concentrations required by the agreement. Responsible Authorities and Financing In the United States, the primary implementing agen- cies are the U.S. EPA and the eight States bordering the Great Lakes. The Great Lakes National Program Of- fice was established within EPA to monitor the pro- gress and effectiveness of U.S. efforts toward achieving the goals of the agreement, as well as to provide techni- cal and management assistance to States, counties, and local jurisdictions in implementing the agreement. In Canada, primary responsibility for implementing the agreement rests with Environment Canada and Ontario's Ministry of the Environment. In the United States, new NPDES discharge permits were issued for essentially all major point source dis- chargers in the 1974-1975 period. EPA tracked these permits with a compliance monitoring system to flag frequent or large violations. Compliance with the per- mitting system was high, but Federal and State-level administrative enforcement (violation notices, com- pliance orders, etc.) was also a major factor in the program's success in achieving phosphorus load reductions from point sources. Nonpoint control programs have centered on con- trolling soil erosion. A variety of programs conducted by USDA entities (Soil Conservation Service, the Agricultural Stabilization and Conservation Service, Forest Service, Farmers Home Administration, and the Cooperative Extension Service) to promote soil conser- vation and erosion control have proven useful. Several Federal/State/local cooperative demonstration projects have been conducted to test farm management prac- tices, such as conservation tillage. A major field test of conservation tillage for phosphorus control was funded through EPA's Great Lakes Program Office (under sec- tion 108 of the Clean Water Act) in 31 counties in In- diana, Ohio, and Michigan. Results Since 1972, over 1,000 municipal treatment plants have been constructed or upgraded. At the same time, in- Progress in Meeting Phosphorus Targets (m metric tons/year) LAKE SUPERIOR Lake Superior's higher target reflects lower initial loadings and 2650 3,160 3,400 its physical characteristics 1972 1982 TARGET LAKE MICHIGAN 6,615 4,080 5,600 LAKE HURON 4,520 4,690 4 36Q BH. 1972 1982 TARGET 21,170 LAKE ERIE 11,000 LAKE ONTARIO 17,530 7,000 1972 1982 TARGET Lake Michigan's higher target reflects lower initial loadings and its physical characteristics 1972 1982 TARGET 1972 1982 TARGET TOTALS 1972 52.485 1982 33,170 TARGET 31,360 ------- fluent phosphorus loads to these and other plants were reduced through broad enactment of legislation to con- trol phosphorus in household detergents. As a result, most municipal wastewater point sources of over 1 mil- lion gallons a day capacity have now achieved or ex- ceeded the 1 mg/L effluent phosphorus limit and the average point source phosphorus load reduction goals of the agreement are being attained. As a result of the phosphorus control provisions of the agreement, sig- nificant decreases in phosphorus levels are reported in all the Great Lakes. Excepting certain localized areas, the Upper Lakes (Superior, Huron and Michigan) are no longer overenriched. In the Lower Lakes, Lake On- tario exhibits reduced overall phosphorus concentra- tions and diminished algal biomass. In Lake Erie, the levels of free-floating microscopic plants in the open water have decreased and shifted toward species found in balanced-nutrient systems. U.S. phosphorus loadings to Lake Erie from municipal treatment plants decreased by 62 percent from 1972 to 1978, and by 1982 the load had dropped to only 16 percent of the 1972 level. Within five years of the 1972 agreement, 64 percent of the municipal treatment plants and 76 per- cent of the industries on the U.S. side were in com- pliance with the point source limits established to meet the goals of the agreement. The corresponding Canadian figures were 89 percent and 50 percent, respectively. To date, more than $7.5 billion have been spent or obligated in the United States and Canada for municipal sewage construction in the Great Lakes basin (resulting in an 80-90 percent reduction in municipal phosphorus loads), with another $1 billion from local governments and industries. In the United States, the majority of this money has been spent through the section 201 Construction Grants Program, under the Clean Water Act. Lessons Learned A principal reason for the success of the Great Lakes phosphorus control initiative was the degree of com- mitment made to its objectives at the highest levels of the affected governments. This commitment was back- ed with Federal legislation and a multibillion dollar grant program. Anotheweason for the program's success was the commitment of the government to continual response. Within two years of the International Joint Commission's 1970 report, a point source control program was in effect; within five years, enforceable point source limits for all major municipal and industrial discharges were in effect. Although many technical questions were unanswered in 1972, responsible governmental officials on both sides of the basin decided that sufficient information existed to support a coordinated, programmatic response. Further scientific research on problem definition and understanding has continued in parallel with, and with the financial support of, the overall phosphorus control program. The Great Lakes Water Quality Agreement provides the legal basis for nutrient management of the Great Lakes ecosystem. Under the authority of the agree- ment, the Great Lakes National Program Office reviews major municipal and industrial point source discharge permits for adherence to the phosphorus management goals of the agreement. This unique feature ensures that local dischargers conform to the terms of the agreement. Development of Great Lakes Phosphorus Strategy A987 Co«^V70 "a**"*!IW xws For further information contact: Dr. Martin P. Bratzel, Jr., Inter- national Joint Commission, Windsor, Ontario; or Paul Horvatin, EPA, Chicago; or Mark Alderson, EPA Project Officer, Washington, DC. ------- United States Environmental Protection Agency National Estuary Program Strategies for the Preservation of an Estuarine Watershed Preserving watersheds through land purchases and protective designations APALACHICOLA BAY/FLORIDA Characteristics The estuary covers approximately 210 square miles. The basin drains 19,600 square miles in Alabama. Georgia, and Florida, with 12 percent of the basin in Florida. The Apalachicola River is the largest river in Florida in terms of flow. Forty percent of the Apalachicola Bay is suitable for growing oysters. Resources The bay produces 90 percent of the Florida oyster harvest, and 10 percent of the national harvest. The bay is a major spawning ground for blue crab and shrimp. Annual seafood landings in Franklin County (which surrounds the main estuary) are valued in excess of $14 million. The upper basin is an area of unusual biological diversity Issues The pollution and proposed dredging projects threatened the bay's productive seafood industry. Protection and preservation of the river and bay floodplain and sensitive areas around the bay became a priority of the State and local authorities. Maintenance of existing flow from northern States was threatened. L sc GA APALACHICOLA RIVER BASIN Introduction The Apalachicola River basin may be the most protected estuarine system in the United States. For over 10 years the State of Florida, in conjunction with Federal and local authorities, has taken a variety of ac- tions to preserve the relatively pristine Apalachicola drainage basin. The protection of the unique natural resources of the Apalachicola system has been ac- complished by three major types of actions including (1) land acquisition, (2) establishment of protective designations, and (3) basin management. Extensive re- search to document the ecology of the Apalachicola Bay system helped focus basin management actions. The Apalachicola River is formed by the conver- gence of the Chattahoochee and Flint Rivers, which originate in northern Georgia. The river drains into Apalachicola Bay which produces 90 percent of the State's oyster harvest; is a major spawning ground for blue crab and shrimp; and also provides a finfish (spot, croaker, and sea trout) harvest. In the early 1970's the Apalachicola system was threatened by proposed navigation projects that would substantially modify the river's hydrodynamics, clear-cutting in the lower basin that would increase sediment and nutrient loads, development pressures, and poor sewage treatment. Overview of Boy Characteristics and Problems The Apalachicola estuary is located on the Gulf Coast of Florida at the mouth of the Apalachicola-Chat- tahoochee-Flint (ACF) River system. The estuary is a relatively shallow lagoon and barrier island system. It has an average depth between 6 and 9 feet, and covers approximately 210 square miles. The waters of the ACF basin are used for diverse purposes, including com- mercial and recreational fishing; commercial naviga- tion; recreation; hydropower; municipal, industrial, and agricultural water supply; sewage effluent discharge; and fish propagation. The major urban areas are in Georgia and Alabama, whereas the Florida portion of the basin is sparsely populated. The six Florida counties adjacent to the ------- basin have low population densities of 30 people per square mile and are predominately forest. rln the early 1970's, periodic closings of the oyster beds in Apalachicola Bay threatened the viability of the local seafood economy. The sewage treatment plant often discharged raw sewage to Apalachicola Bay. At the same time, the Corps of Engineers proposed con- structing four dams in the Apalachicola River. Concerns about the freshwater retention incorporated in these proposals increased the interest of the local citizens. Proposed land development for the area added to these concerns. Major Components oi the Program Protection efforts focused on land acquisition, protec- tive designations, basin management, and research. Land Acquisition Public land acquisition has proven to be a cornerstone of the effort to protect the Apalachicola ecosystem. Over 100,000 acres of land have been purchased for a variety of purposes.There are currently two State land acquisition programs active in the region: the State's Conservation and Recreation Lands Program (CARL), and the Save Our Rivers Program. These programs have purchased lands along the river floodplain, the lower portion of the river, the bay front, and nearby islands. In CARL, the State has purchased 14,475 acres for $6.4 million. Under Save Our Rivers, the State pur- chased over 35,000 acres of bottomland hardwood swamp for $10.3 million and is negotiating for the pur- chase of 42,000 more acres of floodplain. An additional 31,863 acres were acquired through an earlier program at a cost of $22.8 million. Additional acquisitions around the bay have a high ranking on the current CARL list. The Florida Department of Natural Resources is responsible for the selection and negotiations for land acquisition; however, all final purchases must be ap- proved by a six-member interagency committee that in- cludes the Governor and his cabinet. Protective Designations State, Federal, and international protective designa- tions have also been instrumental in protecting the river and bay. Each of these designations serves a different role in protecting the system. Together, they have drawn attention to the system, which has impacted per- mit, treatment, and land use decisions. The primary designations used have been Aquatic Preserve, Out- standing Florida Water (OFW), National Estuarine Research Reserve (Sanctuary), Area of Critical State Concern, and International Biosphere Reserve. Basin Management An effort to manage the basin as a system was proposed by the Northwest Florida Management Dis- trict in 1976, but received no support. In 1979, when ... /..^i^hi^i,, PRtnarv was declared a National Major Protective Designations Outstanding Florida Water The majority of the Florida portion of the basin is designated as Outstanding Rorida Water. This designation prevents a per- manent point source discharge from degrading the receiving water. The OFW designation imposes reduced allowances for waste disposal and assimilation. It restricts new long-term pol- lutant discharges such as sewage, industrial effluent, dredging, and filling. OFW restrictions help to ensure that recreational and ecological integrity of the area are preserved. National Estuarine Research Reserve Through the Office of Coastal Zone Management the lower Apalachicola River and Bay was designated as a National Es- tuarine Sanctuary, now known as National Estuarine Research Reserve. The Apalachicola Reserve is the largest in the country: 193,758 acres, or twice the size of the other 17 reserves com- bined. The Apalachicola Reserve includes floodplain, fresh and saltwater marshes, open water, and barrier islands. Through this program Federal and State funds are used for land acquisi- tion, research, and education. The Apalachicola National Es- tuarine Reserve Advisory Council (ANERAC), an 11-member board, serves as a forum for coordination among local inter- ests, State environmental agencies, and the Federal govern- ment. The Estuarine Research Reserve plays a key role in the effort to use scientific understanding to manage the resource. Area of Critical State Concern The Apalachicola Bay area was designated an Area of Critical State Concern through the Apalachicola Bay Area Protection Act. This designation allows for State oversight and control of government decisions and ordinances. The intent of the act is (1) to protect the water quality of the bay area, (2) to financially assist Franklin County and its municipalities in upgrading and expanding their sewage systems, (3) to monitor activities in the area to ensure resource protection, and (4) to educate the resi- dents of the area in order to preserve its natural resources. The act also puts the Resource Planning and Management Commit- tee in an advisory role to support Franklin County in enacting land development regulations related to stormwater systems, correct onsite sewage treatment systems, and develop a map of pollution-sensitive segments of the critical shoreline Since its designation the county has imposed an ordinance which provides a buffer between land development and the estuary The Apalachicola Bay Area Protection Act also provided money to upgrade the municipal sewage system in Apalachicola. Aquatic Preserve The estuary was designated an aquatic preserve in 1975 This designation requires the State to develop a management plan to ensure the long-term protection of the aquatic resource. International Biosphere Reserve This international recognition for the area by the United Nations was received in 1984 management was connected to the release of Federal funds. In 1982, interest in systemwide management of the basin was revived by the Department of Environmental Regulation. In 1983, an interstate Memorandum of Un- derstanding (MOU) was signed by Florida, Georgia, and Alabama to develop a basinwide drought manage- ment plan, a water management strategy for the sys- maintenance plan. ------- o In 1983, the Governor appointed an Apalachicola Task Force to work under the Coastal Zone Interagen- cy Management Committee (IMC) to deal with the problem of frequent closing of the bay to oystering be- cause of sewage. The task force membership includes the Department of Community Affairs, the Department of Health and Rehabilitative Services, Department of Commerce, Department of Natural Resources, and the Department of Environmental Regulation. This task force was instrumental in developing the Apalachicola Bay Protection Act of 1985, which designated the region as an Area of Critical State Concern. The Navigation Maintenance Plan helped resolve a 10-year-old disagreement between Florida, which resisted year-round use of the river channel on environ- mental grounds, and Alabama, Georgia, and the Corps of Engineers, which felt Florida's resistance was sup- pressing the regional economy. The plan allowed navigation if no further degradation of the environment occurred. Some proposed structural modifications were abandoned and maintenance practices revised to meet this goal. The Corps finally judged that, without !'^e structural modifications, flow was not sufficient for .ear-round use in most years. Area Designated for Protection Responsible Authorities and Financing Major funding and consistent research support have come from the Florida Sea Grant College (National Oceanic and Atmospheric Administration) and Franklin County Board of Commissioners. Supplementary funding has been provided by private industry as well as by State and Federal agencies. Many of the initiatives to protect the system originated in the Florida Department of Environmental Regulation. In 1979, the Department hired a staff per- son dedicated to coordinating and resolving problems impacting the river and bay system. After a year, fund- ing for this position was covered by a grant from the Office of Coastal Zone Management until 1985 when the position was made permanent by the Apalachicola Bay Protection Act. Through this position the Depart- ment has helped initiate a comprehensive program to manage and protect the system. Money for the CARL Program comes from taxes on minerals, oil and gas, and possibly from real estate taxes in the near future. This money is put into a trust fund for land acquisitions and drawn on as needed. An estimated $40 million in revenue will be put into the CARL program this year. Process In the early 1970's a broad-based effort to protect the Apalachicola ecosystem was undertaken because the people of Franklin County recognized the need for a management program to protect this resource. In 1972, a field monitoring program began in Apalachicola Bay to gather scientific information for the purpose of applying it to practical problems. Scientists from Florida State University, United States Geological Service, Fresh Water Fish and Game Commission, Department of Environmental Regulation, and many others have investigated biological, chemical, and physical characteristics of the river and bay. Major contributions for this research have come from Florida Sea Grant College (National Oceanic and Atmospheric Administration) and the Franklin County Board of Com- missioners. This monitoring project has continued for over 10 years and continues today. Local efforts to protect the area have included adop- tion of county-wide zoning regulations in the 1970's and a comprehensive plan in 1981 in Franklin County. The State and the Northwest Florida Management Dis- trict efforts have included land acquisitions, a number of protective designations, and a resource planning and a management committee. A critical factor influencing long-term protection of the resource is communication and coordination among all involved parties. Over the past decade, the State has made a considerable effort to involve local county commissioners, developers, the scientific com- munity, and the public in the decisionmaking process. In 1977, the Apalachicola River Committee was formed to brina the Dp.narfmpnts nf Fnvirnnmpntal Rpnn!atinn ------- xted Key Steps in Preserving Apalachicola Bay Vss^S^rJf y 1B-<5S^5S?»*" Oa«» 1%£&S*£&£* #&£&& 9«° and Natural Resources and other State and local agen- cies together to strengthen local planning efforts through the provisions of data and technical assis- tance. Representatives en the committee included the six counties bordering the river, and State and Federal resource agencies. It was chaired by the Apalachee Regional Planning Council. The committee was espe- cially concerned with navigation issues and since Florida law required local government approval of dredging permits, the committee wielded some power. In conjunction with the Memorandum of Under- standing adopted by the three States and the Corps in 1983, an Interim Coordinating Committee consisting of representatives of each State and the Corps was estab- lished. This committee was responsible for dealing with interstate water management and navigation is- sues and was intended to terminate after three years. However, since the arrangement has worked well, all parties agreed to continue the committee as the Inter- state Coordinating Committee. The final Navigation Maintenance Plan (NMP) adopted by this committee in- cluded a provision requiring that before any measures listed in the NMP are implemented in Florida, public meetings would be held in the affected areas to provide information and to receive public input. Results Efforts to date have left hope and optimism that the foundation exists for the Apalachicola system to be protected over the long term. Continued work is neces- sary, however, and results are contingent upon the in- volvement and acceptance of the effort by local government and citizens. To date the State has purchased over 85,000 acres in the basin. At least 40 percent of floodplain is publicly owned and by the end of 1987 it is hoped that almost 90 percent of the wetlands in the Apalachicola floodplain will be publicly owned. Efforts to acquire more land in the Apalachicola basin will continue, but it is uncertain how much additional land will be pur- chased. By the end of the land acquisition program the State hopes to have the floodplain of the river intact and in public ownership. Protective designations have brought significant at- tention to the system and have provided some measure of protection to the area. These designations, however, can lull the public into a false sense of security. For example, many people mistakenly believed the Estuarine Reserve would impose strict limits and controls on anything and everything that would harm the estuary. The Reserve actually has no authority to regulate development, but instead promotes research and education. Perhaps most important, all parties are interested in continuing and expanding efforts to protect the system. Several State agencies have full-time staff specifically assigned to working on the system, as does the Florida Defenders of the Environment. Lessons Learned The Apalachicola experience shows that a river basin can be managed and protected. Litigation, acquisition, the State permitting process, the education of local citizens, planning and management, and public pres- sure have all played major roles in this effort. The com- bined efforts of local, State, Federal, and university programs in the Apalachicola River basin have been ex- tremely important. The education of all concerned parties has been a key to the program's success. There has been little turnover among State and Federal agency staff, with many having five to 10 years experience working on the system. Consequently, many have become quite knowledgeable about the system. And, after dealing with resource management issues in the basin for the past 10 to 15 years, county officials have also gained an appreciation for the system's ecology and have in- tegrated this to some extent into the decisionmaking process. For further information contact Pamela McVety, Florida Depart- ment of Environmental Regulation, Tallahassee; Stephen Leit- man, Florida Defenders of the Environment, Tallahassee; or Mark Alderson, EPA Project Officer, Washington, DC. ------- United Stales Environmental Protection Agency National Estuary Program A Comprehensive Source Control Program for Protecting Shellfish Waters Citizen action preserves shellfish resources T1LLAMOOK BAY/OREGON FCAL COUFORM REDUCTIONS IN TJUAMOOK RIVERS Characteristics The basin has five individual watersheds containing 363,520 acres: -89 percent forestland -6 percent agricultural land with intensive dairy farming adjacent to the bay. Annual precipitation averages from 90 to 150 inches Resources Tillamook Bay is the most productive oyster and clam growing water in Oregon. Lowland areas are used intensively for dairy farming. Recreational activities (e.g., boating, fishing) attract more than a million tourists each year. Issues Concentrated livestock wastes and the region's wet weather create severe runoff problems and contaminated conditions. % REDUCTION KILCHIS 30% MIAMI 78% TRASK 62% . TILLAMOOK *" 58% WILSON 53% Introduction The State of Oregon has implemented a program to protect the shellfish in Tillamook Bay from recurring in- cidents of bacterial contamination. Tillamook Bay is Oregon's most productive oyster and clam growing area-80 percent of the State's commercially har- vested oysters come from its waters. The State program, which has been supported by Federal agen- cies and local governments, focuses on controlling point and nonpoint pollution sources. The towland areas surrounding the bay are neither highly industrialized nor densely populated overall. Several small towns exist, but most of the land is devoted to intense dairy farming. Runoff from agricul- tural operations in combination with sewage treatment discharges from the local towns had created the bac- terial contamination problems in Tillamook Bay. High fecal coliform contamination threatened shellfish har- vesting and the local economy. The Oregon Department of Environmental Quality and others addressed the problem by implementing best management practices on the dairy farms and upgrading local sewage treatment plants to control bacterial pollution. These actions have kept the bay open for safe shellfish harvesting. Overview of Bay Characteristics and Problems Tillamook Bay drainage basin is located 60 miles west of Portland on the northern Oregon coast. Five major rivers drain 97 percent of the basin and discharge to Til- lamook Bay. Most of the bay is shallow. At high tide the bay's average depth is just 6 feet; at extreme low tide, water is confined mostly to the narrow channels. Ninety percent of the basin is steep, mountainous, forested terrain and sparsely populated. Eight percent of the land area is relatively flat and devoted to agriculture and population centers. Shellfishing in Tillamook Bay includes recreational and commercial clamming, and commercial oyster har- vesting. Annual harvest approaches 600,000 pounds of clams and 175,000 pounds of oysters. The bay and its ------- tributaries support a good finfishery for salmonid species (chinook, silver chum, salmon, and steelhead). Because of the popularity of the northern Oregon coast, many tourists camp, fish, and bike along the bay. In the lowlands, 118 farms with nearly 20,000 cattle line the lower portion of the Tillamook watershed. Ap- proximately 13,000 people live in the bay basin. A little less than half the population is served by sewers; the remainder uses on-site sewage systems. Together, the presence of concentrated livestock wastes (280,000 tons of manure per year) and the region's wet weather (average rainfall 90-150 inches per year) created severe problems of bacterial poHution via runoff. Following moderate to large storms, fecal coliform counts were often high in the bay. Coliform bacteria reside in the intestinal tract of warm-blooded animals; their abundant presence in water indicates significant fecal contamination. In addition, when fecal coliform counts are high, other more harmful bacteria and pathogens from warm-blooded animals may also be present. These high bacterial counts are the basis for closing the bay to shellfish harvesting. The bacterial problem created a serious human health hazard and threatened an important industry. Problem Characterization In 1979, a program between the Tillamook Soil and Water Conservation District and the Oregon Depart- ment of Environmental Quality was set up to monitor water quality in the bay. This program included a review of existing data and collection of additional water quality data. Using information gathered during the initial study, the Department of Environmental Quality conducted a project to specifically identify the sources, extent, and dynamics of fecal pollution occur- ring in the bay and its watershed. During the investiga- tion six major potential fecal sources were examined: (1) sewage treatment plants, (2) recreation, (3) forestry activities, (4) industries, (5) agricultural operations, and (6) on-site subsurface sewage disposal systems. A comprehensive Tillamook Bay Fecal Waste Manage- ment Plan was developed for protecting the shellfish resource. The study concluded that fecal coliform bacteria detected in the bay originated from farms (manure), poor sewage treatment plants in the river subbasins, and inadequate subsurface drainage. Of these, the study identified malfunctioning sewage treatment plants and dairy operations as the primary sources. Process The Tillamook study was conducted through a com- bined effort of Federal, State, and local government offi- cials and the cooperation of the local dairy industry. Local citizens were actively involved throughout the study and development of a management plan. A group of citizens met regularly to review the data col- Key Steps to Restore Tillamook Bay lected and analyzed by the Department. These same people also worked cooperatively with the Department and the Soil Conservation Service to develop the management options for controlling the problem. Dairymen working with the Soil Conservation Service helped develop the solutions to the dairy problems. County and State sanitarians developed control strategies for the septic tank problems. Sewage treat- ment plant owners and operators developed the strategy for minimizing impacts from their plants. Meetings as well as phone calls and personal con- tacts with the study team have involved the public in the policymaking process. Implementation of the management plan was rendered less controversial and more effective because the local citizens knew why a control plan was necessary and were able to communi- cate their concerns and contribute their suggestions from the beginning. A local coordinating committee, in- cluding both State and local officials, continues to meet regularly to discuss the progress of the program. The County Extension Service also organizes important in- teragency meetings (EPA, FDA, DEQ). The Extension Service conducts a comprehensive educational and in- formation program, including media releases, talks to civic groups, and tours. These tours are often for other farmers from outside the county who are interested in the practices being used in the Tillamook area. ------- c Management Plan Development and Implementation Interested citizens and the Department of Environmen- tal Quality developed three management options to control shellfish contamination: (1) closing the bay to harvesting of shellfish until the problem corrected itself; (2) initiating new types of corrective actions aimed at reducing the pollution potential of the identified fecal sources and developing harvesting criteria for the bay; or (3) strengthening existing pollutant control programs and developing harvesting criteria for the bay. The last option was chosen because it was the most cost-effec- tive and did not negatively impact the shellfish industry, which already had self-imposed limited harvesting during critical runoff periods. Recognizing the need for immediate action to protect the public health and the long-term nature of the cleanup, the Department adopted a standard pro- cedure for determining when to open or close the bay to shellfish harvesting. This procedure relied on five criteria that were developed by the Department of En- vironmental Quality and State Health Department. Any one of these criteria could be used to close shellfish beds for 5 to 10 days. The bay is automatically closed when a sewage treatment plant bypass or malfunction occurs, during high river flow, and during periods of fre- quent rainfall. Since the dairy waste was considered to be one of the most pervasive problems, the Soil and Water Con- servation District and the dairy community developed an extensive cleanup plan to address the animal waste problem. The strategy relied on two principles: (1) prevent rainwater and clean surface water from coming into contact with manure, and (2) when this is not pos- sible, prevent contaminated surface water from reach- ing the streams or the bay. To implement the plan, 109 dairy farms were designated as critical dairies. To achieve the goal of a 70 percent reduction in fecal coliform loading, all critical dairies were encouraged to undertake best management practices (BMP's). Each farmer developed individual farm water quality plans. Each plan addressed the water quality problems of that farm, best management practices that would be used to alleviate them, and a 3- to 10-year schedule for im- plementing the practices. To ensure that the most critical sources were treated first, each farm was ranked based on factors such as the distance of confinement areas to open water, the acreage of poorly drained soils where manure is spread, the number of cattle per acre, and the farm's location in the watershed and floodplain. The BMP's applied by farmers included installing solid and liquid manure storage facilities, roofing animal manure ac- cumulation areas, erecting streambank fencing, and managing roof water. The other critical problem identified in the plan sewage waste, was addressed by the Department of Environmental Quality. Sewage treatment levels were determined to be adequate, but malfunctioning equip- Controls Implemented in Tillamook Basin MALFUNCTIONS CORRECTED IN SEWAGE TREATMENT PLANTS SEPTIC SYSTEMS IMPROVED ADDITION OF GUTTERS ON BARNS CONTROLS RUN OFF FENCES BUILT TO KEEP CATTLE OUT OF STREAMS UNDERGROUND STORAGE TANKS INSTALLED FOR MANURE ------- ment problems did occasionally occur. To rectify the problem, alarms and shutdown devices were installed at the sewage treatment plant. The Fecal Waste Management Plan instituted procedures to notify health officials of malfunctions so that shellfish beds could be closed. In addition, many failing septic systems have been eliminated as a pollution source by the expansion of a municipal sewer line. The Fecal Waste Management Plan and Bay closure criteria were adopted by local and State agencies in July 1981. The criteria were implemented in 1982. Cur- rently, the closure criteria are being re-evaluated based on continuing fecal coliform monitoring results. TILLAMOOK BAY RURAL CLEAN WATER PROJECT LOCAL COORDINATING COMMITTEE COUNTY ASC COMMITTEE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE COUNTY EXTENSION SERVICE SOIL CONSERVATION DISTRICT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY SOIL TILLAMOOK CONSERVATION COUNTY SERVICE CREAMERY ASSOCIATION Responsible Authorities and Financing Funding for the program came from a variety of sources. The Tillamook Bay bacteria and water quality management plan study were originally funded by U.S. EPA 208 funds. Upgrades to the Tillamook sewage treatment plant were financed through EPA construc- tion grants. The nonpoint cleanup effort was funded through USDA's Rural Clean Water Program, which provided a cost-share of up to 75 percent of the land- owners' costs. The local Agricultural Stabilization and Conservation Service has received more than $4 million through this program to assist dairy owners in the im- plementation of BMP's. The farmers have also com- mitted more than $3 million of their own money to sup- port this effort. In 1986, the Department of Environmen- tal Quality and the Soil and Water Conservation District began a new monitoring program funded by U.S. EPA 205(j) funds to assess the effectiveness of the manage- ment plan. Results Water quality and fecal contamination levels are im- proving basinwide from cleanup activities. Although im- plementation is not yet complete, the project has been able to show significant water quality improvements in both the rivers and the bay. In 1985 bay closures were invoked less frequently, and employment in Tillamook's oyster industry was the highest since 1952. Industries and dairy farming are still open for business. Best management practices are working and water quality conditions are approaching desirable levels. Work on the farms is 45 to 50 percent complete. Recent water quality data analysis shows that fecal coliform contamination of the bay has already been significantly reduced between 1980 and 1985. Based upon the projected level of BMP implementation and the decline of fecal coliform concentration already ob- served, it appears that by 1991 Tillamook Bay will routinely meet shellfish water quality standards, al- though unusual weather conditions could cause a tem- porary problem. Lessons Learned Continued improvement of the water quality is ex- pected for Tillamook Bay and its tributaries. With the knowledge of who, how, and when sources of pollution operate and discharge in a watershed and bay, point and nonpoint source discharges can be controlled to protect a shellfish industry. The success of the plan is attributable to a number of factors: The County Extension Service Soil and Water Conservation District, the Agricultural Stabilization and Conservation Service, Soil Conservation Service, and the Creamery Association worked together closely from the beginning of the program. These agencies worked cooperatively to create strong public involvement. The involvement of local citizens throughout all phases of the project fostered local pride in the accomplishments and, more important, fostered a pride in the livability of the Tillamook area. Cost-sharing money became available and was adequate to show immediate progress. The project was very closely tied to an important resource, which made the community highly interested. The solutions were fairly easy to develop and implement. Q For further information, contact John E. Jackson, Department of Environmental Quality, Portland, OR; or John van Calcar, U.S. Department of Agriculture, Portland, OR; or Mark Aiderson, EPA Project Manager, Washington, DC. ------- i United States Environmental Protection Agency Office of Water National Estuary Program Maryland's Critical Area Program Managing aquatic resources by controlling land-based activities CHESAPEAKE BAY Characteristics The area includes 2,900 miles of shoreline and 614,000 acres of land. Land usage includes: -35 percent tidal wetlands -25 percent agricultural lands -28 percent forest -12 percent developed area. Resources Over 200 species of finfish and shellfish inhabit the bay at some point in their life cycle. Bay produces 50 percent of blue crabs and 33 percent of oysters harvested in the United States. Canada geese, ducks, and other migratory waterfowl find winter habitat in the bay area. Issues Development is increasing in the critical area of coastal counties at twice the rate outside critical area. Loss of wildlife habitat is a continuing problem. Nonpomt source pollution has been identified as major problem. Fish and shellfish resources are declining. LAND AREA IN MARYLAND'S CRITICAL AREA PROGRAM -\ Introduction The Critical Area Law focuses on land-based activities as a source of problems in Chesapeake Bay water quality. It is a program designed to balance the pres- sure for new development while checking its potential to increase the amounts of pollutants entering the bay from disturbed areas. Equally important, the Critical Area Law emphasizes the need to preserve the bay area's richly diverse habitats for fish, wildlife, and plants and to use its resources wisely. Historically, the Chesapeake Bay has provided generous harvests of high quality seafood, abundant water-based recreation, deep international shipping lanes supporting Maryland and Virginia's industrial base, and a haven for wildlife. Rapid population growth and development and associated pollutant and sedi- ment loads have threatened the bay's water quality, natural habitats, shoreline, and commercial integrity. In the early 1980's, subsequent to the release of the Chesapeake Bay Program's research findings, con- cern for the bay was high - as demonstrated by the passage of 34 legislative and budget measures in the State of Maryland for bay cleanup. The Bay Critical Area Law was a major component of this initiative. Overview of Bay Characteristics and Problems Located on the Atlantic coastal plain, the Chesapeake Bay drains over 150 rivers in a 64,000 square mile area. The lands surrounding the bay support diverse uses: farming, forestry, industry, recreation, urban and suburban development, and unique natural habitats. Since the 1950's, these lands have developed rapid- ly. In fact, in Maryland, 17 percent of new coastal coun- ty development has occurred on only 9 percent of the available land area within 1,000 feet of shoreline. The health of the bay has been declining. Evidence includes decreased stocks of bay anadromous fish species and degraded water quality, particularly in the upper Chesapeake Bay and tidal estuaries. In these areas, increased nutrients have lowered available oxygen for fish and aquatic life; sediment has ------- decreased available light for submerged aquatic vegetation and shipping lanes and other channels; and toxic substances have reduced species diversity. 1 The Chesapeake Bay Critical Area Law By passing the Chesapeake Bay Critical Area Law, the Maryland General Assembly recognized that land uses near the water's edge have important consequences for water quality and wildlife habitat. The law Identified lands within 1,000 feet of mean high water or landward of tidal wetlands as a "Critical Area"; Defined goals to reduce the impact of development on water quality as well as on fish, wildlife, and plant habitats; Created an intergovernmental framework for comprehensive land use planning and habitat protection. The law also established a commission of 25 mem- bers to develop criteria for implementing the program. The criteria established three broad categories for land use. The law requires local jurisdictions to develop programs to manage lands in the three categories as specified by the characteristics and criteria developed by the commission. The management of these lands is to include measures to address land cover and imper- vious surfaces; buffer areas; setbacks; open space, water access, and recreation areas; and timber har- vesting. Each jurisdiction must submit its program to the Critical Area commission for review. Goals The implementation criteria, which were drafted by the commission with substantial public contribution and approved by the State General Assembly, address three resource management issues: development, resource utilization, and resource protection. GOALS OF THE PROGRAM MANAGING UTILIZING PROTECTING DEVELOPMENT RESOURCES RESOURCES Managing Development. The commission desig- nated three broad land use categories: Intensely Developed, Limited Development, and Resource Con- servation Areas. In general, the rationale was to direct new growth in the Critical Area to already built-up areas because this would minimize the impact of growth on protective land uses and natural habitat. In the Limited Development Area, the existing pattern of development could continue, but the commission developed criteria, often in the form of performance standards, so that im- pacts to water quality and natural habitats would be Characteristics of Land Classifications in Critical Area, and Criteria for Management Intensely Developed Area Limited Development Area Resource Conservation Area Characteristics Dense residential, institutional, commercial, or industrial uses 4 or more dwelling units per acre Public sewer and water serving 3 or more housing units per acre Applicable Criteria Reduce pollutant loadings by at least 10% from predevelopment loads Reduce nonpoint impacts to streams and tidal waters from redevelopment Protect remaining wildlife and fish habitats Characteristics 1 dwelling unit per 5 acres up to 4 per acre Areas with public sewer, or water, or both Mixture of land usagenot dominated by agriculture, wetlands, forest, or open space Applicable Criteria Replace cleared forest land on an acre-for-acre basis Restrict removal of existing forest land to 20% when development occurs Restrict impervious areas to 15% of the land area being developed Encourage clustering of dwelling units to conserve natural habitats Characteristics Housing density of less than 1 dwelling unit per five acres No public sewer or water Primarily open fields, wetlands, forest, and agriculture Applicable Criteria Limit residential development to an overall density not to exceed 1 dwelling unit per 20 acres Encourage agriculture and forestry ------- / t minimal. The Limited Development Area was defined to include areas containing the protective land uses and natural habitats. The commission then considered the question of how to accommodate some development in the Resource Conservation Areas but still maintain such uses. The law required local jurisdictions to assign their lands in the critical area to one of three categories by December 1985. The criteria also allow for development of pre-exist- ing lots and subdivisions through grandfather provisions and for expansion of development. Intensely Developed Areas and Limited Development Areas may be expanded by up to 5 percent of a county's land area, excluding the acreage in tidal wetlands or federal- ly owned property from the formula. No more than one- half of this allocated expansion may occur directly in the Resource Conservation Area. Utilizing Resources. The law also calls for improved management of forests, agriculture, and water-depend- ent facilities within the Critical Area. Specific require- ments are Commercial tree harvest operations affecting one or more acres per year must have a forest management plan; limita- tions are imposed on timber harvesting within 1,000 feet of mean high water of the bay or perennial tributary streams; Only 5% of Land May Be Reclassified to More Intense Use Limited Development or Resource Conservation Area Soil conservation and water management plans and implementation of best management practices are required within five years on agricultural lands; A 25-foot filter strip must be established along tidal waters and streams until a soil conservation plan is implemented; Feeding or watering of livestock is prohibited within 50 feet of the water's edge; and New development within 100 feet of shoreline except in water-dependent communities, and new marinas are prohibited in Resource Conservation Areas. Protecting Resources. The last component of the Critical Area Program provides for protection of non- tidal wetlands, threatened and endangered species, species in need of conservation, and plant and wildlife habitat. These habitat and wildlife protection measures require local jurisdictions to Inventory and protect fish spawning grounds, threatened and endangered species habitat, colonial water bird nesting sites, historic waterfowl staging and concentration areas. and forest-interior-dwelling bird habitat; Create wildlife corridor systems to ensure that any new development in the Critical Area will preserve existing habitats; Establish a minimum 25-foot buffer zone around nontidal wetlands to prevent any future habitat modification; and Establish a minimum 100-foot naturally vegetated buffer strip around the bay in all nondeveloped areas. Responsible Authorities and Financing Implementation of the Critical Area Program is based on a well-defined State/local government partnership. Each of 60 local jurisdictions (16 counties and 44 municipalities) is to develop its own program to imple- ment the Critical Area criteria. The commission per- forms an oversight function to ensure that these plans meet the stated goals of the criteria and coordinates implementation among the local jurisdictions. The operation of the commission and development of local plans are financed Intensely Developed Area through general State revenues. The State provided funds to develop the maps and local programs. Process The Critical Area Law is a comprehensive approach that builds upon earlier Maryland programs, including flood plain management, sediment control, stormwater management, wetlands protection, and coastal zone management. In 1983, the results of the Environmental Protection Agency's Chesapeake Bay Program were released. These findings, combined with facts uncovered by State and local research, provided powerful evidence that a comprehensive planning approach was required to protect the fragile and economically important shoreline areas. Following this report, the Governor of Maryland created an interdepartmental task force to respond to the findings of the bay study. The Critical Area Program was one of the legislative and budgetary measures proposed by the task force. Local government p-3'- ticipated early in the drafting process through the Maryland Association of Counties and the Maryland Municipal League. Committees of the Mary.'a^d General Assembly also reviewed the bill frequent:, throughout the drafting process. The bill was enacted on June 1, 1984. ------- From its early stages, the bill's intent was to maintain local planning authority. The enacted legislation provides for both a carefully defined local implementa- tion process and comprehensive State oversight. The membership of the Critical Area Commission was im- portant in developing the criteria, and local jurisdiction played a strong role. Of 25 members, 11 are residents, elected officials, or appointed officials of coastal coun- ties; 8 members represent the commercial, recreation- al, and environmental interests of the bay. Only six commission members are from State agencies. All members are appointed by the Governor, with State Senate approval. The commission's executive director is selected by the commission chairperson. Prior to drafting the criteria, the commission held seven public hearings during December 1984, at loca- tions around Maryland's bay coastline, to enable local citizens and bay interest groups to voice their opinions. Throughout the criteria development process, the commission continued to conduct formal meetings and public hearings. Commission members and staff also made numerous appearances before General Assem- bly committees, spoke at meetings organized by the many interest groups concerned with bay issues, and conducted television and radio interviews. Following a final series of nine oublic hearings during July 1985 to review the proposed criteria, the commis- sion substantially modified the criteria to address public concerns. The revised criteria were signed into law on May 13,1986, 22 months after enactment of the Critical Area Law. These criteria are now guiding local jurisdic- tions in their development of Critical Area land use plans. Program Status Local jurisdictions are developing program plans and amending their zoning ordinances as needed to meet Program goals. Final approval of all local plans is ex- pected shortly. The positive results of this process can be seen in local jurisdictions now working together to develop coordinated plans and continued support by citizens at their local government levels. Perhaps as important is the increased contact between State agencies and local jurisdictions particularly the small jurisdictions which has improved intergovernmental relations. Lessons Learned The Critical Area Program the Critical Area Law, the commission, and the criteria is a reality. It demonstrates that support for managing coastal development can be generated; that comprehensive State-level land use restrictions, typically fraught with controversy, can be established; and that a process of local implementation complemented by State oversight can be defined. Origin and Development of the Critical Area Program The active involvement of local officials and the public, the clear definition of respective State and local roles, and the protection of local planning authority were fundamental to this program's success. The Critical Area Program may still face areas of resistance. If fully implemented, however, the program will fairly balance diverse interests and preserve the es- sential rights of local jurisdictions. By bringing local in- terests together with State regulators, a strong program was devised to protect the recovery of the bay. For Maryland, a State-level response worked; elsewhere a multi-county or multi-State program might be ap- propriate to protect estuarine environments. For further information on this program, contact Dr. Sarah Taylor or Dr. Kevin Sullivan, Maryland Critical Area Commis- sion, Annapolis, MD; or Mark Alderson, EPA Project Manager, Washington, DC. ------- |