Adaptive Management

Amanda Mink Water Quality Standards Specialist Wisconsin Department of Natural Resources

Information to Cover
What is AM? Why is it different than trading? When to choose AM Eligibility Applying for AM The AM plan Timelines and compliance

Phosphorus Criteria NR 102.06

Rivers NR 102.06(3)(a) = 100 g/L Streams = 75 g/L
All unidirectional flowing waters not in NR 102.06(3)(a)

Reservoirs
Stratified= 30 g/L Not Stratified= 40 g/L

Lakes range from 15-30 g/L Great Lakes

Lake Michigan=7 g/L Lake Superior= 5 g/L

Exclusions
Ephemeral Streams Wetlands Lakes <5 ac LALs

What is needed to get a Phosphorus WQBEL

Phosphorus discharge Calculate a phosphorus WQBEL (NR 217.13) Determine need for WQBEL using effluent data
At least 12 samples

If a WQBEL is required, Adaptive Management is ONE compliance option

AM vs. Trading
Similarities Differences

Offset P load to comply with limit Applicant works with point sources, nonpoint source, government, etc. Applicant must select as compliance option

AM plan must be developed to achieve water quality criteria Trading ratios not required Interim AM limits included in permit Ambient monitoring required

When should AM be considered?

1) 2) The WQBEL is stringent (generally 0.4 mg/L or less) Achieving compliance would result in major facility modification even with the facility functioning at optimal conditions Reducing nonpoint or other point sources is economically preferable Phosphorus limits effective in previous permits were greater than 0.6 mg/L

3) 4)

Who is Eligible?
Is the receiving water exceeding the WQC?

no yes
NOT Eligible

no

Do NPS contribute >50% of P load OR do NPS need to be regulated to achieve WQC?

yes no
Is filtration or equivalent technology required to meet WQBEL?

yes
ELIGIBLE!

Eligibility Best Compliance Option

Now What?

Applicant must submit justification to fulfill requirements in NR 217.18(2) to WDNR

NR 217.18(2)(a): Criteria is exceeded NR 217.18(2)(b): NPS contribute >50% of P load/NPS need to be regulated to achieve WQC NR 217.18(2)(c): Filtration or equivalent technology required to meet WQC NR 217.18(2)(d): Adaptive Management Plan

NR 217.18(2)(a):

Criteria Exceeded

All WDNR in-stream P data is available on the surface water data viewer: http://dnr.wi.gov/org/water/data_viewer.htm Additional data may also be submitted to Department

NR 217.18(2)(b):

NPS Contributions

Option 1: NPS contribute 50% or more of P

PRESTO model available

GIS-based tool delineates the watershed upstream of outfall, calculates the contributing NPS, and compares to PS in watershed Available Fall 2011
Additional data may be submitted for review

Option 2: NPS must be controlled to achieve WQC

Credible data or model results required to be submitted to the Department for review

NR 217.18(2)(c):

Technology to Meet WQBEL

If WQBEL is 0.4 mg/L as a monthly average filtration or equivalent may be assumed If WQBEL is > 0.4 mg/L, applicant must submit written statement:
1. Permittee has optimized system 2. Monitoring data showing that the newly calculated WQBEL will be exceeded 3. Statement that filtration or equivalent would be required to meet WQBEL

NR 217.18(2)(d):

AM Plan

The AM Plan must illustrate: 1. The amount of phosphorus to be offset 2. How the applicant will achieve compliance with interim and final WQBEL 3. What strategies will be used to control the phosphorus contributions, and 4. Other implementation details including, but not limited to, partnership building capacities, funding sources, and monitoring plans.

Quantifying the P load (NR 217.18(2)(d)1)

Step 1: Quantify P load and percent contribution Step 2: Quantify the load required to achieve WQC Applicant will be responsible to reduce P by the percent commensurate with the load or by the percent required to achieve water quality criteria if full load not required

Complying with Interim Limits and Final WQBEL

Permit term following AM approval WQBEL 1 0.6 mg/L (Interim limit) 2 0.5 mg/L (Interim limit) 3 Final WQBEL

Applicant must quantify

Reductions required to meet interim limits and final WQBEL Annual mass difference between the interim limit and the final WQBEL (based on design capacity) Changes in annual mass contributions as AM plan is implemented

Applicant must identify

Options to comply with interim limits and final WQBEL Strategies to mitigate the total annual mass of the discharge

Reducing P Contributions
Step 1: Identify project area Example 1: 4: 3: 2:
- Point Source - AM Applicant - Nonpoint Source - Action Area - Watershed - River/Stream

Reducing P Contributions
Step 2: Identify Partners (NR 217.18(2)(d)3) Possible Partners:
Other point sources Nonpoint sources Local/county government Funding partners Other AM applicants WDNR

Applicant Must:
Identify other major P contributors (NR 217.18(2)(d)1) Quantify their contribution (NR 217.18(2)(d)1)
DNR actively developing model to assist

Determine partner role in AM plan (NR 217.18(2)(d)3)

Reducing P Contributions
Step 3: Identify P Reduction Strategies (NR 217.18(2)(d)2) Strategies should be sufficient to reduce P by the percent commensurate with the load or by the percent required to achieve WQC Applicant should consult partners to determine appropriate controls Applicant MUST:
1. 2. Determine implementation goals for these strategies and measures to define success Validate control effectiveness and update AM plan as necessary based on data

Example
Action
Analyze compliance with ch. NR 151. Provide financial support for some BMPs.

Goal
Complete analysis by year 2 of permit term 1. Have NPS install BMPs by year 2 of permit term 1. Maintain BMPs throughout AM plan. PS completes facility optimizations/modifications by year 4 of permit term 1. Achieve WQC in year 3 of the second permit term.

Measure
Submit analysis to WDNR and County Conservation Dept. by year 2. Perform site inspection in year 2. Quantify WQ improvement in year 4. Perform site inspection in year 4. Quantify WQ improvement in year 1 of second permit term. Perform annual in-stream and effluent monitoring to determine compliance. Update AM plan as necessary.

Provide financial support for other point source reduction.

Continue to install and improve controls as necessary. Monitor to determine their effectiveness.

Reducing P Contributions
Step 4: Other Implementation Details Funding available to implement plan (NR
217.18(2)(d)4)

Partnership building capacity Performing in-stream and effluent monitoring Strategy to update AM plan

Eligibility Best Compliance Option AM Plan Complete

Now What?

AM Request Form submitted to Department at time of permit reissuance Department must review and approve

What is Included in Permit?

Interim limits (NR 217.18(3)(e))
Permit term 1: 0.6 mg/L Permit term 2: 0.5 mg/L Permit term 3: WQBEL
Can be recalculated to account for WQ improvements

Compliance Schedules for interim limits/WQBEL Actions proposed in AM plan (NR 217.18(3)(b)) Permittee must optimize treatment system (NR 217.18(3)(c)) Monitoring Requirements
Upstream and downstream from the outfall(s) plus any plan requirements (NR 217.18(3)(a))
Collect monthly samples from May through October, as a minimum

Provide annual report of AM implementation status, status of achieving goals, and monitoring data (NR 217.18(3)(d))

Statement of Violation (NR 217.18(3)(f))

Timeline

Timeline

Looking for more information?

Electronic version of P guidance document will be available end of November Contact Me:
Amanda L. Minks phone: (608) 264-9223 fax: (608) 267-2800 e-mail: amanda.minks@wisconsin.gov