CWEA P3S Committee & WEF Stormwater Regulatory Framework: National Perspective August 26, 2015 Claudio H. Ternieden Director of Government Affairs Alexandria, VA
Who is ‘WEF’? • Est.1928/ 35,000+members • Local presence: CWEA • WEFTEC / Congress • Publications • Technical/Advocacy • www.stormwater.wef.org • www.wef.org
Why Stormwater, Why Now? • Dominant Water Quality Drivers? • Wet Weather Issues • Diminishing Returns • Climate Change Impacts
The Rise of Nonpoint 1970 2010 40 yrs Point Source vs. Nonpoint Source Water Quality Impairments Source: William Ruckelshaus, A New Shade of Green , The Wall Street Journal, April 17, 2010
Compelling Driver for Change! photo credit James Thomas, from Cleveland Press Collection, Cleveland State University Library
Compelling Driver for Change? From http://crlazlo2.blogspot.com/
Compelling Driver for Change? Forestsforwatersheds.org, 2014 Boston Globe, 2013 Wri.org, 2014 NRDC, 2013
Opportunity for Change! City of Philadelphia, 2013 City of Philadelphia, 2013 pedshed.net, 2013 City of Chicago, 2013
What is stormwater or “runoff”? Stormwater runoff is the excess water that “runs off” the landscape from precipitation inputs after infiltration and evapotranspiration has occurred
Hydrologic Cycle
Factors Impacting Runoff Factors: • Rate/duration of rainfall (Input) • Topography of the land (Response) • Dominant soil type/conditions (Response) • Density/type of vegetation (Response) • Land use/cover type and distribution (Response) • Storage (ponds, lakes, etc.) (Response) • Connectivity of impervious flowpaths (Response) • Size/shape/slope of watershed (Response)
The Virginian Pilot December 5, 2010
Examples of Pollutant Sources Associated with Stormwater Discharges • Oil & grease from cars • Sewage & cleaners from boats • Lawn /agricultural fertilizers • Household cleaning products • Animal waste • Trash / litter • Grass clippings • Failing septic systems
Stormwater Runoff Impacts Pollution Hydraulic modifications Ecological impacts Property / infrastructure damage Fines and lawsuits Relationship with the public
Pollutants Associated with Runoff Biochemical Oxygen Demand (BOD) Sediment ● Oxygen depleting material Soil particles Leaves transported from Organic material their source Nutrients Toxics ● Various types of materials that become ● Pesticides dissolved and suspended in water (commonly Herbicides found in fertilizer and plant material): Fungicides Nitrogen (N) Insecticides Phosphorus (P) ● Metals Thermal Stress Lead Bacteria/ Pathogens Heated runoff, removal Zinc Originating from: of streamside Mercury ● Pets vegetation ● Petroleum Hydrocarbons ● Waterfowl Debris ● Failing septic systems Litter and illegal dumping
Hydraulic Modification Impacted channel Silted up pond
What is impervious cover? Hardscapes and other surfaces that do not allow stormwater to infiltrate into the ground • Roads, rooftops, parking lots, tennis courts, etc. Are residential lawns “impervious”? • Spectrum of perviousness • Highly compacted soils • Limited evapotranspiration
Impervious Cover • Accumulates/stores pollutants • Increases runoff volume • Reduces recharge of groundwater
The Impact of Development on Stormwater Runoff “Natural” conditions
The Impact of Development on Stormwater Runoff Low density development
The Impact of Development on Stormwater Runoff Medium density development
The Impact of Development on Stormwater Runoff Urban development
Hydraulic Modification Stream Slope Particle Size Finer Flatter DEGRADATION AGGRADATION
Impervious Cover & Stream Quality At 10% impervious cover, stream degradation (e.g., changes in the aquatic biological community) is detectable. • As low as 2% can show impacts as well At 25-40% impervious cover, streams no longer support biological/human uses.
Impervious Cover & Stream Quality Center for Watershed Protection, 1999
Types of Impacts Physical Unstable habitat for fish and macroinvertebrates
Water Quality Impacts Nutrients Nutrients Algae Photosynthesis and Respiration
Water Quality Impacts Nutrients USGS, 2008
Water Quality Impacts Nutrients – Dead Zones Maryland Sea Grant, 2013 Scientific American, 2008 Univ. MD, 2003 NASA, 2008
Water Quality Impacts Sediment
Water Quality Impacts Heavy Metals Toxic at certain concentrations
Water Quality Impacts Heavy Metals Phytoplankton Bioaccumulation (0.025 ppm) Zooplankton Herring Gull (0.123 ppm) Eggs (124 ppm) Smelt (1.04 Lake Trout ppm) (4.83 ppm)
Water Quality Impacts Heavy Metals Bioaccumulation
Water Quality Impacts Dissolved Oxygen Dissolved oxygen needed by aquatic organisms Without dissolved oxygen, heavy metals and toxics can desorb Without dissolved oxygen, organic material will decay to form ammonia
Water Quality Impacts Dissolved Oxygen
Ecological Impacts
Types of Ecological Impacts Biological Trash/debris can harm wildlife Chemical contaminants can harm biota Physical changes can harm biota
Types of Ecological Impacts Biological Smother fish eggs Clog and abrade fish gills
Property and Infrastructure Damage Flooding Impacts Infrastructure Damage
Policy Overview • Stormwater Rulemaking • Stormwater Utilities • Retention, Retrofit Requirements
National Stormwater Rulemaking Elements Considered • Establish first national performance standard for stormwater • Standard was to be retention-based • Expand MS4 coverage/extents • Would have likely NOT addressed retrofits
Policy/Legal Updates • Stormwater Utilities • Retention-based Approach • Residual Designated Authority (RDA) • Integrated Management • Water Quality Trading • Others…
Stormwater Utilities Stormwater Fees • Is it a fee or a tax? • Confers benefits, scales with service, requires vote by the public, etc.? • Michigan and Missouri and others dealing with this • Public opinion is tough • Los Angeles dealing with this • Maryland is a good example…
Policy - Big Picture What does this point to? • Busy (and Exciting)! • Nascent / Evolving Field • Funding is a Big Issue • Regulatory Uncertainty Exists • Modernize the CWA? (Ag?) • 83% - point source goals TMDLs achieved • 20% - nonpoint source goals TMDLs achieved • 1,000 years needed to reach goals!!!
Innovation in Sector
Innovation in Stormwater
Innovative Financing/Funding • CWA ~ national treatment standard for wastewater • Was a PARTIALLY FUNDED mandate (half of total public capital, 1/3 of total capital came from Const. Grants Prog.) • EPA stormwater rulemaking ~ national standard for stormwater • Will be (would’ve been?) an UNFUNDED mandate • Private / large local (public) investment will be needed U.S. EPA, 2000 U.S. EPA, 2000
Infastructure Investment Needs Clean Watershed Needs Survey EPA in 2008 • $100B for CSOs / stormwater* (60% / 40%) *Does not include estimates for changing regulations • 67% growth in stormwater from ’04 to ’08 • $25.4B in ‘04 to $42.3B in ’08 – largest growth sector • 7 states reported 85% of needs • NJ ($15.6B), PA ($6B), CA ($3.8B) , MD ($3.8B), TX ($3.1B), FL ($2.5B), NY ($1.1B) – what about others ? • Other states cited lack of time/budget to document needs or documentation difficulties
Innovative Financing/Funding • Regulations driving demand in sector • Traditional funding problematic • It’s not 1972… Public/traditional funding inadequate to meet needs
Innovative Financing/Funding Innovative Approaches • Incentive-based (Philadelphia, PA) • Market-based (Washington, D.C.) • Public-Private Partnership (P3) (Prince Georges County, MD)
Innovative Financing/Funding Interest in public-private partnerships (P3s) • “Privatization” message has changed • History in transportation sector • Entities looking for long-horizons with low- risk, low returns • EPA Region 3 – Community-based P3 • Prince George’s County, MD
Other Innovation WEF Stormwater Institute • MS4 Awards • National Stormwater Green Infrastructure Certification Program • Stormwater Advocacy • Stormwater Publications www.stormwater.wef.org
Other Issues • Big data in stormwater • Real-time control / optimization • Cost for monitoring dropping Agrinews-pubs.com, 2014 • Data, data, data… • Numeric limits? • Drones and self-driving cars and stormwater?
The Future?
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