NATIONAL ESTUARY PROGRAM PUBLIC PARTICIPATION STANDARD FOR TMDL PROGRAM During the autumn of 1998, the Center for the Inland Bays initiated a Tributary Strategy Program. Local stakeholders (industry, agriculture, municipalities, golf courses, citizens, etc.) from the Inland Bays watershed were organized into a "Tributary Action Team" or TAT. The Team created a body responsible for providing guidance and direction to the Center for the Inland Bays in its mission to reduce nutrient contributions and restore habitat in Delaware's Inland Bays. THE NATIONAL ESTUARY PROGRAM IN ACTION Center for the Inland Bays In January 1999, the Inland Bays TAT became involved in a coor- dinated effort with the Delaware Department of Natural Resourc- es and Environmental Control (DNREC) to develop Pollution Control Strategies to meet the required Total Maximum Daily Loads (TMDLs) for nitrogen and phosphorus in the Inland Bays. In order to accomplish this, a public engagement model called Public Talk - Real Choices was developed and implemented by the University of Delaware's Co- operative Extension Agency, which co-facilitated the process with the University's Sea Grant Marine Advisory Service. The purpose of Public Talk - Real Choices was to move formula- tion and creation of a major pub- lic policy decision from a public agency (DNREC) to the public for deliberation and dialogue. Using deliberative dialogue as the core, Public Talk went further by en- gaging the public in learning about the issue, framing it for deliberation, deliberation, weigh- ing the costs and consequences of choices, coming to public judgment, and making decisions. It was not a model that engaged a small group to simply make recommendations to a public agency that subsequently "sold" the policies to the public via public workshops and public hearings. "Saving Our Bays: Our Challenge Our Choice" was the focus of a series of public forums held dur- ing the first quarter of 2000. During these forums, the mem- bers of the Tributary Action Team engaged stakeholders in the In- land Bays watershed in dialogue and decision-making that as- sisted the Team with the devel- opment of Pollution Control Strategies. To initiate discussion, perspectives on how stakehold- ers could live with our Bays were presented. These perspectives were introduced in an Issue Book format. The Issue Book provided forum participants with informa- tion, facts and figures, as well as choices, costs and consequenc- es for policy options that might reduce nutrient contributions in the watershed. For example, one option suggested an assessment of impact fees on septic sys- tems; funds generated from this fee could be used to supplement future infrastructure needs, such as the expansion of central sew- er districts. All the issues and policy options contained in the Issue Books were contributed and framed by the membership of the Tributary Action Team. After the forums were complet- ed, the TAT considered the public voice and developed specific strategies for submission to the Department of Natural Resourc- es and Environmental Control. The Department used these strategies as the foundation upon which the Pollution Control Strategies for Delaware's Inland Bays were developed. The TAT continued to consult with the Department in the process to re- view and revise the draft Pollu- tion Control Strategies. When the strategies were ready to be introduced to the public, the TAT members co-hosted several workshops in the watershed. During the workshops, special interest groups objected to a number of recommendations, including the riparian buffer strategy and the proposed septic system regulations. At subse- quent public hearings, represen- tatives from these same special interest groups expressed their formal opposition to the pro- posed Pollution Control Strate- gies. Incidentally, these same representatives were early par- ticipants on the Tributary Action EFFECTIVE EFFICIENT ADAPTIVE COLLABORATIVE ------- Team; however, they abandoned the process without offering much input into the development of the PCS. Opposition to the proposed Pollution Control Strat- egies from these special interest groups continued to grow and the Delaware General Assembly responded by introducing legis- lation to delay the promulgation of the regulations. Legislation was tabled when the Delaware Department of Natural Resourc- es & Environmental Control com- mitted to meet privately with the special interests, who had orga- nized a body known as "The Co- alition." The purpose of these closed-door meetings was to craft a revised Pollution Control Strategy that addressed The Co- alition's concerns. An unfortu- nate outcome of these meetings was a very weak and ineffective buffer component for revised In- land Bays Pollution Control Strat- egies. In response, the CIB determined differences in buffer nutrient load reductions between the PCS drafts. Staff compared two sub- watersheds representing differ- ent regions of the Inland Bays watershed using GIS. The analy- sis demonstrated significant dif- ferences in nutrient reductions that were largely due to the re- scission of buffers from intermit- tent waterways in the revised Pollution Control Strategies. Re- sults were published in a "white paper" that was endorsed by the Inland Bays Scientific & Techni- cal Advisory Committee. The Center and the Inland Bays Trib- utary Action Team then advanced efforts to reinsert a more com- prehensive and conservative buffer strategy by offering rec- ommendations for an Inland Bays Watershed Riparian Buffer System. Center staff published these recommendations in a 60- page report that was provided to the Department of Natural Re- sources & Environmental Control and the members of the Dela- ware General Assembly. The CIB's recommendations were met with favor by the DNREC regulators, who modified the ri- parian buffer component of the Inland Bays Pollution Control Strategies to better protect wa- ter resources. The process to develop Pollution Control Strategies to meet the established nutrient TMDLs for Delaware's Inland Bays was a lengthy and contentious process. Throughout the proceedings, the CIB remained adaptive and was responsive to the many chal- lenges that developed. After a decade-long struggle to develop and promulgate the Inland Bays Pollution Control Strategies, Gov- ernor Ruth Ann Minner signed the regulations into effect at a ceremony hosted by the Center for the Inland Bays in autumn 2008. The event was attended by the Secretary of DNREC, who commended the work of the In- land Bays Tributary Action Team and proclaimed it to be an ex- ample of success for other Tribu- tary Action Teams in the State of Delaware. Visit www.inlandbays.org to learn more about this and other CIB efforts. EPA's National Estuary Program (NEP) is a unique and successful coastal watershed-based program established in 1987 under the Clean Water Act Amendments. The NEP involves the public and collaborates with partners to pro- tect, restore, and maintain the wa- ter quality and ecological integrity of 28 estuaries of national signifi- cance located in 18 coastal states and Puerto Rico, For more information about the NEP go to www.epa.gov/owow/ estuaries. The NEP: Implementing the Clean Water Act in ways that are Effective, Efficient, Adaptive, and Collaborative. EPA-842F09001 ------- |