Chesapeake Bay Program
Reevaluation Technical Workgroup Meeting

October 25, 2007
Draft

SUMMARY OF DECISIONS, ACTIONS AND ISSUES

Welcome, Introductions, and Review of the Day

Sue McDowell from EPA Region 3 is the chair of the reconvened Reevaluation
Technical Workgroup. Sue was asked to take the position a few months ago to lead the
way into a series of TMDLs for the Bay. She asked the workgroup members for their
expectations of the meeting, reviewed the agenda and the purpose and goals for the
meeting, and briefly discussed the outcome of the October Pl Principals' Staff
Committee meeting.

Workgroup Members' Expectations for the Meeting

•	To commit not to argue too much. Suggested the workgroup take the template from a
group doing the Potomac PCB TMDL, where 15 committed people put in a lot of
hard work from the beginning and reached their goal

•	To build on all the good work that's Ixvn done and make sure we're all on the same
page at the end of the process.

•	To come out of the meeting with a better idea of what Bay TMDLS would be

•	Ditto to the first 3 expectations

•	To observe the continuity between the various Principals' Staff Committees and
Water Quality Steering Committee.

•	To learn the expectations of Maryland with doing the Bay TMDLs.

•	To see how the process gets started because beginnings are really important.

•	To learn and contribute.

•	To leave with better idea of what we're going to do next and have goals and
expectations established for next several months.

•	To increase New York's involvement in the process and get to know everyone a little
better so that NY's participation is more productive.

•	To watch other colleagues and to not just to adopt TMDLs but from the beginning
look for opportunities to implement TMDLs on the ground, and to look for ways for
partners to get the job done.

•	To fulfill the roles of modeling coordinator by helping the workgroup in whatever
decisions are made and to support decision making with best analysis.

•	To continue to meet the consent decree by completing TMDLs on schedule with a
practical and acceptable product.

•	To assist with technical support and assistance.

•	To provide EPA Region 2 input.

•	To become informed and contribute to the process.

•	To learn and keep aware of things and provide input.

•	To carry out the meeting goals listed on the agenda.


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Meeting Purpose and Goals

The purpose of the meeting is to reconvene the Chesapeake Bay Reevaluation Technical
Workgroup. The workgroup will review a range of topics to discuss with the goal of
resolving these issues, making decisions and/or formulating recommendations for
consideration by the WQSC. This meeting will set the workgroup up for subsequent
meetings.

•	A group met a few times in 2006 and outlined TMDL issues that need to be resolved.
The reconvened Reevaluation Technical Workgroup is picking up from that.

•	The meeting goals can be found on the agenda.

•	The agenda is about spending time coming up with procedures and rules for working
together. The scope and schedule/timeline for the Bay TMIM.s will be reviewed and
agreed upon. Past decisions will be reviewed and agreed upon, and the workgroup
will lay out what issues need to yet be resolved.

Outcome of Principals' Staff Committee Meeting

•	The Principals' Staff Committee met on October Pl and reviewed the prepared
TMDLs briefing paper.

•	The principles that the PSC agreed to are listed on the handout that can be accessed
at: http://www.chesapeakebav.net/pubs/calendar/WQTWG 10-25-

07 Handout 5 9098.pdf.

•	Pat Buckley, PA DEP, noted that it is important for PA that principles embraced "do
no harm" so that they don't slow down implementation progress.

•	PA expressed an interest in hearing about the possibility of an implementation
workgroup. This discussion will take place at the Water Quality Steering Committee
level.

Workgroup Guidelines: Process Guidelines, Ground Rules, Roles and
Responsibilities

•	Workgroup members' roles and responsibilities are listed on a handout which can be
found at: http://www.chesapeakebav.net/pubs/calendar/WQTWG 10-25-

07 Handout 7 0008 pdf.

Discussion

General Roles and Responsibilities

•	Nauth Panday, MDE, suggested an addition to the general ground rules of the
workgroup. He would like the membership of this group to be clearly defined as
technical representatives. Others may come as observers but should let the technical
workgroup do their work.

o Pat Buckley commented that her role is to ensure continuity with what her
management has agreed to, so she will feel compelled to comment if
necessary.

o The workgroup members stressed the necessity of maintaining good

communication up and down the chain of management, especially before and


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after each meeting. If workgroup members' management have particular
concerns, members can bring them to the next meeting.

•	Pat Buckley added that meetings should be held at locations with good conference
phone capabilities and at locations that are favorable to most workgroup members.

DECISION: The Reevaluation Technical Workgroup agreed with the handout's listed
workgroup roles, responsibilities, ground rules, and decision-making protocols. The
workgroup also agreed that the workgroup membership be clearly defined as technical
representatives, inviting others to observe meetings but not participate. In addition, the
members decided that meetings should be held at a location agreed to by the workgroup
that has adequate conference call capabilities.

EPA Roles and Responsibilities

•	Mike Haire, EPA, added that EPA committed to providing monetary resources to
assist in the modeling effort.

•	Rich Batiuk added that EPA can also provide guidance and expertise 011 legality
issues.

o Nauth Panday added to Rich's comments 1hi.1i slates must be involved and
comfortable with EPA's legal decisions

DECISION: The workgroup agreed on the listed roles and responsibilities for the EPA.
They added that the EPA will provide monetary resources to assist in the modeling effort
and will provide guidance and expertise on legality issues with state involvement and
agreement.

State Roles and Responsibilities

•	Nauth Panday added that states can share past experiences with TMDLs.

DECISION: The workgroup agreed on the listed state roles and responsibilities and
added that states will share past experiences with TMDLs.

Meeting (iround Rides

DECISION: The workgroup agreed on the listed ground rules.

Workgroup Decision-making
DECISIONS:

•	Some decisions may not require consensus, and those decisions will be pointed out.

•	Specific decisions, such as for the model, will go directly from this workgroup to
implementation.

•	Decisions may be re-opened as new information arises that better informs our
management. We will follow an iterative process to adapt to this new information.

•	Decisions may be re-opened based on Water Quality Steering Committee concern.

•	Decision-making needs will be framed in the urgency of the situation.

•	The workgroup needs to consider that there are tidal and non-tidal states. These
states will have different issues and perspectives.


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•	If a vote is necessary, each jurisdiction receives one vote. More serious issues may
need to be taken up to the Water Quality Steering Committee.

DECISION: The workgroup agreed to operate by consensus. If consensus cannot be

met, the minority opinion will be documented in the meeting summary and the majority

opinion will proceed. If it comes down to a vote, each jurisdiction will have one vote.

Review of Scope, Schedule and Timeline

•	The proposed TMDL timeline can be found at:
http://www.chesapeakebav.net/pubs/calendarAVQTWG 1Q-25-
07 Handout 6 9098.pdf.

•	Lewis Linker, EPA/CBPO, pointed out that there is documentation of all of the
models listed on the chart. Documentation of the Airshed Model w ould be most
effectively handled in the Phase 5 Watershed Model report.

•	Mike Haire commented that it may be reasonable to provide the status of the
impairments on a regular basis, to report progress to date on implementation.

o Rich Batiuk noted that the Water Quality Steering Committee is receiving
updates from the jurisdictions on their draft 303(d) lists.

•	Nauth Panday pointed out that some of the TMDL report can be done in advance,
such as modeling documentation and water quality standards.

o Clint Boschen, Tetra Tech, will be providing an outline to Sue McDowell next
week that will demonstrate what can be done in advance.

o We can have many components lined up by the spring and summer of next
year, allowing 2009 as time to review the information.

ACTION: Via email, the workgroup will discuss what part of the TMDL documentation

can be done in advance.

•	Nauth Panday mentioned that the timeline does not mention how we are going to
meet water quality standards.

c Rich Eskin, MDE, added that as we compare the model output, we need to
com pare it to what the water quality standards require. It should be an
explicitly listed task. When we look at the model output of the loads we're
estimating, how do we show we're in compliance with the standards? Do we
do it in each cell or each segment?

o Mike Haire suggested that the timeline include a line that states when we will
resolve how water quality standards will be assessed with the output of the
model.

•	Kenn Pattison, PA DEP, stated that Pennsylvania would be uncomfortable revising
their Tributary Strategy until they're assured that the TMDL is final and their
allocations are final.

o Kenn added that we need to define what protocols we are going to set for the
state's allocations. How do we evaluate if we have reached our allocation?
The Bay doesn't change as rapidly as surface water changes.


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o Rich Eskin suggested that the public review step in the schedule be moved to
2011. He added that the allocation evaluation process as Kenn mentioned is
post-TMDL.

•	Rich Eskin suggested adding to the timeline a bullet on the approval and running of
management scenarios, to explicitly state that this task will occur. The task will
involve selecting management scenarios and looking at and discussing the results of
the scenarios.

•	West Virginia noted that input from the modeling subcommittee is crucial to
understand their status and our ability to make changes.

•	Rich Eskin pointed out that because this is a formal TMDL there may be additional
steps that were previously needed in past TMDLs.

•	Rich Batiuk suggested that the Bay Program can provide a sense of when certain
information will be available, such as model outputs, to match that up with the states'
TMDL efforts.

•	Lewis Linker suggested that states provide a checklist of their I'M 1)1. development
status.

DECISION: The workgroup agreed to the suggested liincline, noting the caveats below.

DECISION: The workgroup agreed that the timeline will include a line that states when
we will resolve how water quality standards will be assessed with the output of the
model.

DECISION: The workgroup agreed that Tributary Strategies will be revised in 2011,
after the TMDL is final.

DECISION: The workgroup decided to add an item to the timeline that explicitly states
that the workgroup will select management scenarios to run and discuss the results.

ACTION: The next workgroup meeting will include a discussion on the status of the
modeling efforts. Members are also welcome to participate in the Water Quality Steering
Committee's November 19— conference call that will focus on the model.

ACTION: EIJA Region 3 will update the Chesapeake Bay TMDL Timeline based on the
workgroup's decisions and circulate for comment.

Review of Previous Agreements

•	The previously made agreements by the Water Quality Steering Committee are listed
under Issues 1 through 5 on the June 7-8, 2006 Water Quality Steering Committee
meeting summary: http://www.chesapeakebav.net/pubs/calendarAVQTWG 10-25-
07 Handout 4 9098.pdf.

•	The previously made decisions by the Principals' Staff Committee at its October 1,
2007 meeting are listed on the briefing paper at:
http://www.chesapeakebav.net/pubs/calendar/WQTWG 10-25-

07 Handout 5 9098.pdf.


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•	Bill Brown and Pat Buckley, PA DEP, were not comfortable with noting that the PSC
decided that jurisdictions' suballocations would become part of the overall Bay
watershed TMDL reports.

•	Bill Brown pointed out that we need to be careful how to allow states to handle their
own public participation process which would leave states vulnerable to the courts
rather than the EPA. The workgroup will discuss this issue further to ensure the
previous agreements make sense.

•	The EPA Internal Advisory Group agreed that the Bay watershed TMDLs should be
completed by May 2011.

•	EPA plans to allocate to the listed segments. This issue will be further discussed by
the workgroup.

•	New York questioned how their unimpaired waters and i 111 pk-mentation will be
addressed in the TMDLs that are strictly for impaired waters in the Bay, its tidal
tributaries, and embayments. This is an issue for further discussion.

ACTION: At a future meeting, the workgroup will discuss the previous agreement on
state control of their own comments to ensure they make sense, EPA's plans lo allocate to
the listed segments, as well as how unimpaired non-lidal waters will be handled in the
TMDLs.

Review/Revision of Outstanding Issues' I.is! suit! Setting Priorities for Resolution

•	The workgroup reviewed the range of issues that will need to be addressed by the
workgroup in the future. This meeting's goal was to:

o Decide if the issues are clearly described and if any are connected
o Prioritize the issues

o Identify information needed to resolve the issues
List of Outstanding Issues to be Addressed

The following lisls are of previously and newly identified outstanding issues that the
workgroup will address throughout the TMDLs process. The bolded items are the issues
that the workgroup has identified as high priority.

Allocation-related Issues

1)	In which impaired waters do we allocate?

2)	To which regulated and non-regulated land/water-based sources will we
allocate?

3)	How do we plan to allocate to sources? Individually? By groups of individual
sources?

4)	To what scale (how far down) do we allocate the land, water, and air emission-
based regulated and non-regulated sources?

•	TMDLs will be developed for the 78 impaired segments, and states then allocate to
the impaired segments.

o By majority tributary basin or by state?

o How diverse do we want the scales to be?

o How do we maintain consistency across the jurisdictions?


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5)	How should we allocate to regulated/non-regulated air emission sources?

o What are the different sources of NOx, ammonia, etc.?
o Non-regulated sources may fall into load allocations for nonpoint sources.

6)	How do tidal water jurisdictions factor in existing local and regional TMDLs?

7)	How do we involve local jurisdictions and allocate to MS4s?

8)	How do we address reasonable assurance?

8a) How do we build in consideration of local implementation during TMDL
development?

8b) How will water quality trading programs be affected?

ฆ	This is a post-TMDL issue that the workgroup will keep in mind.
8c) How do we evaluate if a jurisdiction has met its cap load allocation, post
TMDL attainment?

9)	How do we factor in the living resources effect on water quality

Scope-related Issues

10)	In which impaired waters do we allocate?

11)	What set of hydrological years and averaging period, accounting for seasonality and
critical conditions, will we use to develop the allocations?

12)	What future projection will we use? 2010? 2030?

13)	How do we set the ocean boundary condition?

14)	How do we treat fluxes between segments?

15)	Bay-tidal waters?

16)	How many TMDLs are we doing per segment?

Modeling-related Issues

17)	How do we evaluate water quality standards attainment using the model output?

18)	How do we calculate and document the technical basis of a maximum daily load
allocation?

19)	How do we factor in the living resources effect on water quality?

20)	How do we treat lluxes between segments?

21)	How do we address margin of safety?

22)	How do we address concerns re: Phase 5 CB Watershed Model and nutrient and
sediment cap allocations?

o A modeling briefing will be done for the workgroup at a future meeting, as
well as for the Water Quality Steering Committee on November 19th.

Driven by Regulation Issues

23)	In which impaired waters do we allocate?

24)	How do we evaluate water quality standards attainment using the model output?

25)	How do we address margin of safety?

26)	How do we address reasonable assurance?

26a) How do we build in consideration of local implementation during TMDL
development?

26b) How will water quality trading programs be affected?

ฆ	This is a post-TMDL issue that the workgroup will keep in mind.


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26c) How do we evaluate if a jurisdiction has met its cap load allocation, post
TMDL attainment?

27)	How do we involve local jurisdictions and allocate to MS4s?

28)	If we cannot attain the allocations, are the partners going to reopen the Use
Attainability Analysis (UAA)?

29)	Public Participation

30)	How do we calculate and document the technical basis of a maximum daily load
allocation?

31)	How many TMDLs are we doing per segment?

Identification of Needed Information to Resolve the Issues

Needs to Address Scope Issues:

•	Briefing on the Chesapeake Bay Watershed Model, highlighting differences between
Phase 4.3 and Phase 5

•	Understanding of how the states have listed their tidal waters

•	Clear statement of what the group is asked to decide on

•	Listing of what EPA's TMDL requirements arc

•	Discussion of relevant existing tidal and nonlidal I'M 1)1 s, as appropriate

•	Tetra Tech connection

Needs to Address Allocation Issues:

•	Cheat sheet on the model, including land use categories, sources, inputs, scale, etc.

•	Understanding of specific source information that the jurisdictions have provided or
could provide in the model and the status

•	Guidance from EPA

•	Focus on sediment

•	Explanation and assessment on how water quality standards were developed and how
model was used to develop the standards to reach agreement and determine if
refinements are necessary

Next Stops

•	The workgroup will be meeting primarily via conference calls.

•	The workgroup's modeling briefing will occur in December.

•	A meeting summary will be developed and shared with the workgroup members.

•	The next meeting will be via conference call on Friday, November 16th from 10:00
AM to noon.

•	A password-protected webpage on the TMDL process will be developed.

ACTION: EPA will put out a draft meeting summary that will be distributed to
workgroup members for input.

ACTION: The workgroup members will review the draft meeting summary and think
about refinements to the issues.


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ACTION: EPA will put out a draft agenda for the next meeting for workgroup review
and input.

ACTION: EPA will begin to refine the schedule for the next few months.

ACTION: In preparation for the next meeting, workgroup members will review the list
of issues that need to be addressed and will begin to identify the ones that are close to
agreement and can be discussed/resolved via email exchanges in between workgroup
teleconferences or meetings.

Participants





Sue McDowell

EPA Region 3

mcdow el 1. susanฎeoa. gov

Clint Boschen

Tetra Tech

cl int.boschenฎtelialcch-ffx. corn

Lewis Linker

EPA/CBPO

lewis.linker(S)epa uo\

Rich Batiuk

EPA/CBPO

batiuk. richard(S),epa.uo\

Rich Eskin

MDE

reskin(o>mde. state, md. us

Kenn Pattison

PA DEP

kpatti sonfo),state.pa.us

Pat Buckley

PA DEP

Dbucklev(rt).state.Da.us

Nauth Panday

MDE

npandav@.mde. state, md. us

Francoise Brasier

EPA HO

brasier.francoisefo!eoa.gov

Mike Haire

EPA HQ

haire. mi chael(o>,epa.gov

Bill Brown

PA DEP

willbrownฎstate.pa.us

Shera Bender

IP A HQ/MDE

bender, sherafa),epa.gov

Dinorah Dalmasv

\II)L

ddalmasv(3),mde. state, md. us

Shah Nawaz

DC DOE

shah.nawaz(a),dc. gov

Monir Chowdhuiv

IX" doi:

monir. chowdhurv (S),dc. gov

Ed Reilly

\Y DEC

exreillv(S),gw.dec.state.nv.us

Charles Martin

\ A DEQ

chmartin(3),dea .Virginia, gov

Felix Locicero

I -PA Region 2

locicero.felixfo),epa.gov

Pat Campbell

WV DEP

DcamDbellfS),wvdep.org

Dave Monlali

WV DEP

dmontali@wvdeD.ora

Jim Laine

WV DEP

jlaine@wvdep.org

Hassan Mirsajadi

DEDNREC

has san. mir sai adi (a), state. de. us

Chris Day

EPA Region 3

dav. christoDher(a),eDa. gov


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