MANASOTA & PEACE RIVER BBDs Meeting Notebook 10-21-09.docx

W027
Tampa Bay Estuary Program
Status As Of: August 26, 2009
FY2010 Annual Work Plan: The work plan has been drafted, sent to the cooperator for review and is expected to be
routed internally by September 11, 2009. TBEP Nitrogen Management Consortium (Consortium): In May 2008, the FDEP
accepted the Tampa Bay 2007 Reasonable Assurance Update (RA Update) and a Declaration of Cooperation of the
Consortium (Declaration). These documents were approved by the basin boards and the Governing Board at their
meetings in February 2008. To comply with FDEP and EPA requirements, the RA Update includes a detailed outline and
time schedule for: a) development of total nitrogen Waste Load Allocations (WLA) and Load Allocations (LA) for each
bay segment, taking into account the nitrogen load reductions (existing and future) that have been documented through
projects submitted by Consortium partners and other sources; and (b) development of total nitrogen WLAs for each
permitted point source facility and permitted MS4 stormwater system within each bay segment. The maximum
cumulative total nitrogen loading for all WLAs together with LAs will not exceed the assimilative capacity for a bay
segment, as defined in the EPA accepted TMDL for Tampa Bay. The Declaration commits Consortium members,
including the District, to working together to contribute funding to and work to develop the WLAs and LAs and to
complete projects to reduce nitrogen loads. Once the load allocations are established, the Consortium anticipates each
member signing a formal resolution accepting the revised load allocations for their permits. The District does not have
any permits that are subject to this process; however, the District is a member of the TBEP and is committed to
participating in the Consortium. The District's participation is primarily through the cooperative funding of projects with
local governments that reduce nitrogen loading to Tampa Bay. At the February 27, 2009 meeting, the Consortium
discussed the load allocations to the individual entities (i.e. load allocations for waste water treatment plants and
stormwater systems for local governments and load allocations for mining and other entities). At the April 24, 2009
meeting it was confirmed stated that EPA will not replace federal TMDL with RA Plan, however EPA will consider using
Tampa Bay's site-specific thresholds for chlorophyll-a. Draft final load allocations were presented and there was much
discussion regarding how to determine compliance by individual entities. A Guideline for nitrogen load transfers (pollutant
trading) was discussed and will be a topic for a subcommittee meeting on May 8, 2009. At the meeting on May 19, 2009,
the Consortium will discuss a resolution to be adopted by all members of the Consortium supporting the RA Plan which is
anticipated to be submitted to FDEP in July 2009. At the June 25, 2009 meeting the Consortium discussed, 1).
requesting clarification from FDEP regarding the WQBEL (Water Quality Effluent Based Limit) process proposed for the
Tampa Bay RA allocations; 2). requesting a response in writing to the Consortium's question regarding whether EPA will
consider replacing or revising the current TMDL bay-segment numbers with assimilative capacity estimates; 3).
requesting an extension of the final RA document submittal date to September 30, 2009, given the Consortium's
progress to date and the new information presented at the meeting regarding the WQBEL process and if or how that may
affect allocations. Consortium participants (staff level) will vote on whether to submit Plan Update to DEP at next meeting
scheduled for September 11th. The final document will be available after August 17th. Group revised the Declaration
down to 1 paragraph for submittal to all parties (BoCCs, City Councils, Boards) and will reference the 500 page Plan as
an exhibit. Serious concerns still exist over waiver of rights, allocations and regulatory dovetail. Several of the
Consortium members are not comfortable with the Plan Update. Another potential delay is related to a challenge to a
WQBEL and DEP has declared that they will take no action on the RA until this issue is resolved. If the challenge is
successful, there will be NO reasonable assurance, so DEP would be unable to approve RA. The RA document will be
adopted by Secretarial Order. Assuming that the RA is adopted, the new permit load allocations will become effective
when the permits come up for renewal. DEP will not be opening up permits to change loads at this time. Enforcement of
the permits will still be the responsibility of FDEP. The Consortium decided that all entities with allocations should get a
vote, regardless of whether they participate or fund. Group questioned appropriateness of giving entities without
allocations a vote (ex: Tampa Int. Airport, DEP, WMD, etc.). Response was all entities will be materially affected by Plan
and have contributed funding and technical support up to this point. Most may abstain (FDEP, EPA). DEP will hold up the
WQBEL process until all Declarations are received, however, will proceed with reviewing the RA Addendum. Next
meeting will be morning of September 11th. At that time, group will vote to submit the Addendum to DEP (without any
formal Declarations of support).
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