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Chesapeake Bay Program
A Watershed Partnership
Meeting Summary for the
Chesapeake Bay Program's
Principals' Staff Committee
Westmoreland State Park
Montross, VA
Junel8 & 19th, 2008
June 18 - Pre-PSC Meeting Activities
On the afternoon of Wednesday, June 18th, members of the Principals' Staff Committee
and other meeting attendees toured a local farm run by Mr. Lloyd Mundie on Virginia's
Northern Neck. More than 40 representatives from three states, seven federal agencies,
two non-government organizations, and the Chesapeake Bay Commission attended the
tour. The tour displayed some of the innovative conservation practices that the
Commonwealth of Virginia is undertaking to help champion reduction of non-point source
pollution of nutrients and sediment from agriculture. Participants were able to witness,
through hands-on demonstrations, how practices such as manure storage and no till farming
can help improve water quality in the bay and its tributaries. The tour was organized by
staff from the Chesapeake Bay Program Office (CBPO), USDA Natural Resource
Conservation Service, and the VA Dept of Conservation and Recreation.
Informal evening events were organized at Westmoreland State Park to optimize time
for partners to interact prior to the formal PSC meeting. The following morning, Peyton
Robertson (NOAA) led a kayak tour for PSC members, federal office directors, and other
interested parties along the Potomac River next to the park. Representatives from four
federal agencies, three states, two non-government organizations, and the Chesapeake Bay
Commission attended the tour. The kayak tour, coupled with the Farm Tour from the
previous day, helped people connect the importance of being good land stewards with
protecting the Chesapeake Bay.
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June 19 - PSC Meeting
All handouts for this meeting can be found at:
http://archive.chesapeakebav.net/calendar.cfm?eventdetails=9553
I. Welcome and 2007 Executive Council Champion Update
Preston Bryant (VA Secretary of Natural Resources) welcomed the committee and kicked
off the session discussing how the Commonwealth of Virginia plans on championing
agriculture to help improve the health of Chesapeake Bay. Governor Kaine (VA) had four
overarching goals for his tenure, one for each year of his term:
1) transportation;
2) health care, including a $100 million initiative;
3) secondary education; and
4) Governor Kaine declared 2009 the Year of Environment and Energy for the
Commonwealth.
Leading up to the 2009 Year of Environment, the Governor currently serves as Chair of
the Southern Governor's Association, and is the lead on developing policy for climate
change. In 2009, Governor Kaine will serve as chair of the Executive Council (EC). In
addition VA is on track to meet or exceed the governor's land conservation goal of 400,000
acres currently at 351,000 acres already protected during his term. This progress is in the
face of VA losing approximately 50,000 acres annually to development.
Secretary Bryant also indicated that VA is on track to meet its 2010 nutrient reduction
goals for point sources, and that they are now turning toward nonpoint sources, with
agricultural practices being the largest source of nutrient and sediment pollution. Last year
VA dedicated $17 million for agricultural best management practices (BMPs), increasing
that to $20 million this year. They are also looking to focus on stormwater by September
and will also be looking at water quantity issues.
Based on the need to focus attention on solutions for reducing pollutant loads from
agriculture, at the 2007 EC meeting, Governor Kaine announced that VA would be
championing agriculture. Joe Maroon (VA Department of Conservation and Recreation)
and Jeff Corbin (VA Ass't Secretary of Natural Resources) gave a presentation to the PSC
on what VA will be doing to champion agriculture. Governor Kaine has pledged to:
Keep VA farmers farming
Sustain agricultural contribution to VA's economy. Agriculture is currently the #1
sector contributing $47 billion/yr
Promote farming in a way that is healthy for VA waters
Focus on programs and practices that produce the greatest results
Appropriate $20 million in FY09 state funds for agricultural BMPs
Governor Kaine is also sending a letter to the U.S. Secretary of Agriculture about the
new Chesapeake Bay funding in the 2008 Farm Bill
In order to accomplish the above, VA is promoting several conservation initiatives. The
Commonwealth is committing 80% of their efforts and resources on:
nutrient management
cover crops
conservation tillage
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stream fencing ("livestock exclusion")
stream-side buffer planting
They are focusing on these five because they are:
highly effective at reducing nutrient run-off
highly cost-effective
good for the environment and also beneficial to long term profitability of agriculture
full implementation achieves 60% of VA's bay non-point source goal from all land
uses.
VA is developing media campaigns to sell effective conservation practices. Examples of
the various media outlets they are utilizing include brochures, road-side billboards, and
periodical advertisements.
The Commonwealth is taking action to effectively regulate biosolid application. On
January 1, 2008, the VA Department of Environmental Quality has assumed regulatory
oversight of all land treated with sewage sludge. In addition, nutrient management plans
have been made mandatory for all biosolid applications.
VA is also looking into new steps to effectively manage poultry waste. Regulatory
changes have been proposed to the Virginia Pollution Abatement (VPA) Permit Regulation
for poultry waste management by the State Water Control Board. If adopted, these
regulations will require end-users of poultry waste to ensure that poultry waste is managed
based on nutrient content and its potential to affect state waters. Lastly, VA's six largest
poultry integrators will optimize the use of the enzyme phytase in poultry feed with a goal
of 30% phosphorous reduction in poultry litter.
Phosphorous reductions in feed are also being explored in cow operations. For cow
farms, VA is undertaking a project looking at precision phosphorous feeding to reduce
nutrient losses from VA dairy farms. Payments will be offered on a per cow basis for farms
that reduce phosphorous levels in feed. The VA state Dairymen's Association recently
committed to encouraging their membership to exclude animals from streams. The
commonwealth believes that such action represents positive leadership from an agricultural
organization and provides for similar commitments from other related commodity
organizations.
VA is looking to improve their nutrient trading program. They are making it a "must"
that new or expanding facilities offset new nutrient loads by acquiring nutrient credits from
other dischargers or credits from offsetting landowners, including farmers. Agricultural
producers and other landowners can generate nutrient credits if they implement a set of
"baseline" best management practices on their land.
In addition to promoting all of the initiatives stated above, VA is looking to promote 11
potentially new initiatives to help reduce the impacts of NPS pollution from agriculture.
These initiatives include:
1. Sustaining adequate and sustainable funding for ag conservation practices. This
included promoting consistent, annual levels of funding that achieve and maintain
increased implementation of conservation practices.
2. Increasing the level of state cost share assistance provided to farmers implementing
agricultural conservation practices in watershed where stream clean-up plans have
been finalized.
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3. Garnering support from corporate agri-business. This includes partnering with
corporate leaders like SYSCO, General Mills, and others to implement water
stewardship campaigns and supply a chain-wide environmental stewardship
initiative.
4. Promoting the role of farmers in maintaining environmental quality through
advertising campaigns. Governor Kaine will appear in public service
announcements promoting environmental stewardship and productive farms. The
commonwealth will also deliver messages that address agricultural production,
conservation, and water quality.
5. Promoting public-private partnerships. The Secretary of Natural Resources and
Secretary of Agriculture and Forestry will develop partnerships with selected
commodity groups. Secretary-level meetings will be initiated with farm commodity
organizations to strengthen conservation partnerships.
6. Promoting the concept of cow-free streams. VA is working on a partnership
initiative to keep livestock out of streams. The Commonwealth will provide
increased levels of cost-share assistance to farmers to install stream fencing and
provide alternative watering resources. VA will also be creatively adapting existing
programs to accelerate implementation of ag conservation practices.
7. Supporting full funding of the Commonwealth's 47 Soil & Water Conservation
Districts. The Commonwealth will also ensure that technical assistance is in place
to help more farmers implement conservation practices.
8. Implementing an agricultural conservation tax credit program. VA will establish a
start-up program ($5 million cap) authorizing the transfer of agriculture best
management practice tax credits. In addition, the commonwealth will provide a
new, alternative incentive program for farmers who historically do not participate in
existing state agricultural cost-share programs.
9. Supporting the Commonwealth Agriculture Stewardship Act. The Commonwealth
wants to strengthen the agricultural stewardship program by increasing staff levels.
The Commonwealth also would like to direct the Secretary of Agriculture and
Forestry to report on any additional measures needed to strengthen the stewardship
program.
10. Implementing the "Five Star Farms" program which is a high level recognition
program for Virginia's champion farms. As a part of this, VA would like to
implement a new awards program for farmers who have achieved significant water
quality protection.
11. VA would like to seek authorization to use funds recently secured through the 2008
Farm Bill to aggressively implement the commonwealth's ag priority practices as
detailed in the annual Chesapeake Bay and Virginia Waters Clean-Up plan.
Finally, Jeff Corbin summarized VA's progress in meeting its non-point source goals from
1985-2005. As of 2005, 19 million pounds of nitrogen were reduced, with 22 million
pounds to go; 4.5 million pounds of phosphorous were reduced, with 3 million pounds to
go; and 450,000 tons of sediment were reduced, with 300,000 tons to go.
For a copy of VA's powerpoint please go to:
http://archive.chesapeakebav.net/pubs/calendar/PSC 06-18-08 Handout 1 9553.ppt.
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For an update from other Chesapeake Bay Program partners on progress being made on
their champion issues see: http://archive.chesapeakebav.net/pubs/calendar/PSC 06-18-
08 Handout 3 9553.pdf
II. Chesapeake Bay Program Reorganization
Frank Dawson (MD Dept. of Natural Resources) and Diana Esher (Chesapeake Bay
Program), co-chairs of the PSC ad hoc reorganization workgroup, presented the new
Chesapeake Bay Program (CBP) organizational structure. For a copy of their presentation and
the proposed structure see: http://archive.chesapeakebav.net/pubs/calendar/PSC 06-18-
08 Report 1 9553.ppt.
A number of issues were raised:
Ann Swanson (CBC) questioned why the Water Quality Steering Committee
(WQSC) changed its name to the Water Regulatory Steering Committee;
Rich Eskin indicated that the WQSC had been convened to develop water quality
standards and then disband - only coming back together recently. He suggested
memorializing the voluntary/regulatory melding in the WQSC in the Mission Statement
of the MIB - this was well received.
Peyton Robertson (NOAA) suggested moving the Action Teams to be between the
Management Implementation Board (MIB) and the subcommittees, and also thought
the MIB had too many people on it to effectively make decisions;
Preston Bryant was concerned about who would appoint the members of the
proposed Independent Evaluator, and how deeply they would delve into state programs,
and how state legislators would react. Frank Dawson responded that the PSC would
likely appoint the evaluators.
Cathy Myers (PA DEP) raised concerns about the evaluators because it was not clear
who they were or what they would do. She reiterated Secretary Bryant's concerns
about the perception of state legislators.
Neil Wilkie (CAC) described the CAC sponsored meeting from May 22 on
"accountability" and noted that those being held accountable should not be in charge of
accountability.
The PSC discussed the structure and how it will be implemented. Chairman Griffin
weighed in that the proposed restructuring was close, but not yet final, and wanted a more
refined proposal. Members wanted to see the Chesapeake Action Plan (CAP) applied to
implementing the structure and decision-making process in the program. The PSC would like
to see further development of the mission and membership of all committees on the
organizational chart, including the new independent evaluator.
Action Items
Frank Dawson and Diana Esher will develop additional documentation and explanation to
better describe the roles and function of the various elements of the proposed reorganization.
For example Frank and Diana will prepare additional documentation to better describe the
mission and membership make-up for each of the organizational units on the new
organizational chart. Frank and Diana were also directed to frame out explicit options for
how the "independent evaluator" function could perform. Diana and Frank will reconvene
the ad hoc reorganization workgroup, as needed. The greatly enhanced description of the
functions, roles and membership descriptions will be presented to the PSC at the fall meeting.
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Following the fall PSC meeting and presumed approval of the reorganization, the CBP will
implement the new organizational structure and re-evaluate progress with the structure in one
year.
III. Chesapeake Bay Program Director's Report
Jeff Lape (EPA), Director of the CBP, gave an update on progress being made with various
activities and recent major CBP news. Jeff spoke about the following:
The Water Resources and Environment Subcommittee (House Transportation and
Infrastructure Committee) is expected to hold a hearing in July on Clean Water Act Section
117 Chesapeake Bay Program reauthorization
The Chesapeake Action Plan and Report to Congress was delivered to OMB for
administration review on June 3, with an expected 30 day review.
Clean Water Act Section 117 Chesapeake Bay Program Five-Year progress report to
Congress will be ready for partner review shortly
EPA Inspector General (IG) "Capping Report" on the CBP summarizes the six separate
evaluations
Brief discussion of benchmarking with other U.S. watershed efforts, specifically EPA's
Large Aquatic Ecosystem initiative and restoration efforts in Puget Sound
Update on the 2008 Farm Bill's Chesapeake Bay provisions and implementation efforts
Response to EPA IG recommendation: Promoting "No Impact (runoff) Development."
Small Watershed Grants Announcement with the National Fish & Wildlife Foundation in
July
$5 million in Conservation Innovation Grants announced by the Natural Resources
Conservation Service last week
Results of the 21st annual Bernie Fowler Wade-In from June 8.
Robert Pace (U.S. Army Corps of Engineers) mentioned that the week before there was a
meeting about oyster restoration with Congressman Steny Hoyer (D-MD)
For a copy of the Director's Report with a complete description of activity progress and news
go to: http://archive.chesapeakebav.net/pubs/calendar/PSC 06-18-08 Handout 13 9553.pdf.
IV. Point Source and Non-Point Source Load Allocations - TMDLs
Bob Koroncai (EPA Region III), member of the CBP Water Quality Steering Committee
(WQSC), gave a presentation on the WQSC's progress in preparing for the development of
TMDLs for Chesapeake Bay. Bob identified several of the near term issues for PSC input at
the meeting:
Decision rules for changes to cap loads and allocations
Bay TMDL scope
PSC announcement on TMDL
Most of the discussion on this issue was focused on rules for changes to cap loads and
allocation, and TMDL scope. States debated whether or not they should sub-allocate nutrient
and sediment loads above the fall line (where tidal waters end).
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Ann Swanson (CBC) wanted to ensure that "reasonable assurance" would be reflected in the
development of the Bay TMDL or in its implementation.
Cathy Myers (PA DEP) explained a detailed position that PA sources do not discharge to
"impaired waters" and therefore aren't part of the Bay TMDL. Consequently, the Bay
TMDL should only identify a gross 'boundary' allocation for Pa. Roy Hoagland (CBF) and
acknowledged PA's position, but indicated that CBF wanted greater accountability, and
wanted to include nonpoint sources in the Bay TMDL.
A copy of Bob's presentation can be found at:
http://archive.chesapeakebav.net/pubs/calendar/PSC 06-18-08 Handout 2 9553.ppt.
Peter Marx (EPA CBP Office) provided the PSC with a draft communications strategy
developed by the CBP communications office, with a recommendation to do a roll out when
a decision was made to go forward with a Bay TMDL. Chairman Griffin clarified the PSC
had just made the decision that the Bay TMDL should be developed and implemented, but
asked for a more detailed communications plan by the next PSC meeting in September.
[Lawrence Latane III, a reporter from the Richmond Times Dispatch was present at the
meeting and the following story was published in the paper on June 20, 2008:
(http://www.inrich.com/cva/ric/sports.apx.-content-articles-RTD-2008-06-20-Q147.html').
Following some vibrant discussion of the variety of TMDL issues described above,
Secretary Preston Bryant made a motion to the PSC to resolve the key issues. Secretary
Bryant's motion contained several components:
o Develop a TMDL by the end of 2010.
o MD, VA, DE, and other partner states who wish to, can sub-allocate in the
TMDL.
o PA does not have to sub-allocate, but they must demonstrate to the CBP that
per PA state law and applicable Clean Water Act provisions, they will meet
prescribed nutrient-reduction goals. PA will also submit their actions for
review by any "independent evaluator" brought in by the PSC.
o Chairman John Griffin will appoint forthwith a PSC ad hoc workgroup to
discuss "reasonable assurance" and the TMDL, which will report back at the
fall 2008 PSC meeting,
o The PSC will take this proposal, as outlined above, to the EC for approval at
its 2008 meeting.
Following discussion of the motion it was approved by the PSC members.
CBPO staff will clarify allocation recommendation language from the STAC report.
Planning Future EC and PSC Meetings
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Frank Dawson presented a draft 2008 EC event snapshot to the PSC. Two dates have been
proposed for the meeting, November 18th and 20th. EC meeting venues discussed included
Aspen Wye Institute in Maryland, or at Mount Vernon, Virginia. Maryland proposed that the
meeting promote the following three initiatives:
1) Provide a unified message to the presidential transition team to urge that Chesapeake Bay
priorities be addressed by the next administration.
2) Establish an "enforceable pollution diet" for the Chesapeake Bay through tools like the
TMDL, and reauthorization of the Clean Water Act Section 117 Chesapeake Bay Program.
3) Continue to encourage vocal, visible champion for the Bay as a means to strengthen
accountability, energize leadership and accelerate implementation.
A copy of the draft event snapshot can be found at:
The next PSC meeting will be hosted by DC and will either take place the last week in
September, or first week in October. The meeting will be a two day event, with a tour of DC's
efforts to promote Green Development the first day, followed by a sit-down meeting the next
day.
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Attendance List (add, name, organ, e-mail, phone headers in the right places)
Name Organization E-mail
Phone
VA
L. Preston Bryant
VA Secretary of Natural Resources
Joe Maroon
VA Dept of Conservation and Recreation
Scott P. Johnson
VA Dept of Agriculture and Consumer Services
Scott.Johnson@VDACS.Virainia.Gov
804-371-8067
Brad Williams
VA Dept of Forestry
Brad.williams@dof.virainia.aov
434-220-3094
Jeff Corbin
VA Asst Sec of Natural Resources
ieff.corbin@aovernor.virainia.aov
804-786-0044
Allan Pollock
VA Dept of Environmental Quality
Susan Block
VA Dept of Conservation & Recreation
susan. block@dcr.virainia.aov
Carrie Hileman
Office of VA Secretary of Natural Resources
MD
Frank Dawson
MD Dept of Natural Resources
fdawson@dnr.state.md.us
410-260-8110
Shari Wilson
MD Dept of the Environment
Jason Dubow
MD Dept of Planning
id u bow@md p. state. md. us
410 767-3370
Rich Eskin
MD Dept of Environment
reskin@mde.state, md.us
410-537-3691
Jeff Horan
MD Dept of Natural Resources
ihoran@dnr.state.md.us
410-260-8705
Bruce Michael
MD Dept of Natural Resources
bmichael@dnr.state.md.us
410-260-8627
Matt Fleming
MD Dept of Natural Resources
mfle mi na@d n r. state. md. us
410-260-8719
John Griffin
MD Dept of Natural Resources
Brent McCloskey
MD Dept of Natural Resources
bmccloskev@d n r. state. md. us
410-260-8722
PA
Russell Redding
PA Dept of Agriculture
Pat Buckley
PA Dept of Environmental Protection
pbucklev@state.pa.us
717-772-1675
Cathy Myers
PA Dept of Environmental Protection
DC
Diane Davis
DC Dept of Environment
diane.davis2@dc.aov
DE
Kathy Bunting
Howarth
DE Dept of Natural Resources & Env. Control
Kat h e ri n e. H owa rth @state .d e .us
302-739-9949
Jen Volk
DE Dept of Natural Resources and Environmental
Control
iennifer.volk@state.de.us
302-739-9939
WV
Bill Brannon
WV Dept of Environmental Protection
bbrannon@wvdep.ora
304-926-0495
Chesapeake Bay Commission
Ann Swanson
Chesapeake Bay Commission
annswanson@covad.net
410-263-3420
Matt Mullin
Chesapeake Bay Commission
mattm u 11 i n @co vad. n et
410-263-3420
Federal Agencies
Carolyn Neill
US Navy
carolvn.neill@naw.mil
757-887-4707
Carin Bisland
Chesapeake Bay Program Office
bisland.carin@epa.aov
410-267-5732
Tim Pilkowski
USDA-NRCS
tim.pilkowski@md.usda.aov
443-482-2962
Doreen Vetter
Chesapeake Bay Program Office
vetter.doreen@epa.aov
410-267-5756
Rich Batiuk
Chesapeake Bay Program Office
batiuk.richard@epa.aov
410-267-5731
John Wolflin
USFWS
iohn wolflin@fws.aov
410-573-4574
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Name
Organization
E-mail
Phone
Robert Pace
US Army Corps of Engineers
robert.s.Dace@nab02.usace.armv.mil
410-962-4698
Peyton
Robertson
NOAA
Devton.robertson@noaa.aov
410-267-5652
Jeff Lape
Chesapeake Bay Program Office
laDe.ieff@eDa.aov
410-267-5709
Julie Winters
Chesapeake Bay Program Office
winters. iulie@eDa.aov
410-267-5754
Peter Marx
Chesapeake Bay Program Office
marx.Deter@eDa.aov
410-267-5713
Rich Batiuk
Chesapeake Bay Program Office
batiuk.richard@eDa.aov
410-267-5731
Lori Mackey
Chesapeake Bay Program Office
mackev.lori@eDa.aov
410-267-5715
Debbie Embleton
Chesapeake Bay Program Office
embleton.debbie@eDa.aov
410-267-5856
Hank Zygmunt
EPA Region III
zvamunt.hank@eDa.aov
215-814-5750
Diana Esher
EPA Chesapeake Bay Program Office
esher.diana@eDa.aov
215-814-2706
Chesapeake Bay Program Advisory Committees
Neil Wilkie
CAC Chairman
neil@davidsoncaDital.com
202-333-7201
Local Government Agencies
Norm Goulet
Northern VA Regional Commission
naoulet@novareaion.ora
703-642-4634
Non-Government Organizations
Alicia Pimental
CBP/Alliance for Ches. Bay
aDimenta@chesaDeakebav.net
410-267-5756
Trey Davis
Virginia Farm Bureau
trev.davis@vafb.com
804-290-1017
Karl Blankenship
The Bay Journal
baviournal@earthlink.net
717-428-2819
Jessica
Blackburn
Alliance for the Chesapeake Bay
iblackburn@acb-online.ora
804-775-0951
Bernie Marczyk
Ducks Unlimited
bmarzvck(ฎducks.ora
Matt Robinson
Chesapeake Research Consortium
robinson.matt@eDa.aov
410-267-5737
Mike Budd
Ducks Unlimited
Lou Etgen
Alliance for Ches Bay
letaen@acb-online.ora
410-377-6270
Rick Keister
Alliance for Ches Bay
rkeister@acb-online.ora
410-377-6270
Chris French
Alliance for Ches Bay
cfrench@acb-online.ora
804-775-0951
Rick Parrish
So. Environmental Law Center
rDarrish@selcva.ora
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