Please provide comments to Ted Graham at
202.962.3352 or tgraham@mwcog.org or Brian
Rustia at 202.962.3365 or brustia@mwcog.org .
Preliminary Draft
Updated 1/23/04
DRAFT WATER RESOURCES WORKSHOP AGENDA
Friday, February 20, 2004
MWCOG Training Center and Room #1
Preparing for Regulatory Change
Introduction
In the next 3-5 years, the way water quality is regulated in the Washington region (as elsewhere) will
change dramatically. Several recent and prospective events contribute to this prognosis:
 In September 2003, EPA released its “Strategy for Water Quality Standards and Criteria: Setting
Priorities for Protecting and Restoring the Nation’s Waters.” This underscores the critical role
that standards and related regulatory activities play in meeting water quality goals
 New water quality standards for dissolved oxygen, water clarity and chlorophyll a will be adopted
for the Chesapeake Bay and its tidal tributaries, including the Potomac River and its tidal
embayments within the next 2-3 years;
 These standards will provide an expanded basis for listing tidal waters as “impaired” and set the
stage for multiple TMDLs and, where appropriate, a Use Attainability Analysis (UAA);
 Such TMDLs are almost certain to be result in enforceable nutrient load limits (not just
concentration limits) from wastewater treatment plant discharges;
 Such load limits raise the prospect of a finite cap on sewer service in any given treatment plant
service area;
 TMDLs may also be reflected in permit conditions for urban stormwater (MS4) programs which
are regulated by MS4 NPDES permits, given EPA’s recent guidance in the topic;
 Recent, aggressive use of court challenges to certain land use situations (e.g., a Wal-Mart in
Vermont and the highway system in Montana) raise the prospect of more court-driven MS4
permit conditions related to local impaired streams;
 On December 1, 2003, the Chesapeake Bay Foundation filed a petition with EPA demanding,
among other things, a redefinition of “secondary treatment” to include nutrient controls and
prohibition of permits for new or expanded sources in the Bay watershed until a regulatory
TMDL is complete;
 The states’ Tributary Strategies, driven by the non-regulatory requirements of the Bay Program
and due for completion in April 2004, may fall short of the nutrient/sediment reduction goal, may
not effectively address implementation and “cap management” beyond 2010 and may not resolve
funding issues; and
 The Bay Program’s Water Quality and Watershed models are being thoroughly revised in time
for the anticipated 2007 Re-evaluation. This could significantly affect the timing, content and
results of Bay-related TMDLs and could result in modifications to the Tributary Strategies,
including plans for cap maintenance, beyond 2010.
The crystal ball remains cloudy on just how each of these will play out. EPA Headquarters, EPA Region
3, state regulatory agencies and the Bay Program partners are wrestling with these issues. The proposed
workshop by and for COG members on evolving regulatory requirements to meet water quality standards
in February 2004 is designed to be both informative and productive. It will provide an opportunity for
federal and state regulatory agencies to relate their latest thinking on a range of topics and also enable
stakeholders from the “regulated community” to share their perspective and advice to help shape the
evolving regulatory climate.
The preliminary agenda follows.
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Preliminary Draft
Updated 1/23/04
Preliminary Agenda
MWCOG, Friday, February 20, 2004
8:30 – 9:30
Registration
9:30 – 9:40
Welcome and Overview: Peter Shapiro, Chair, COG’s Chesapeake Bay Policy
Committee
9:40-10:10
Keynote Speaker: Paul Freedman, President, Limno Tech, Incorporated
Mr. Freedman will provide an overview of emerging regulatory trends and challenge the
participants on how best to be prepared and to get involved.
10:10-10:40
The View from Headquarters: Don Brady, Chief, Watershed Branch, US EPA
Mr. Brady from EPA Headquarters will provide an overview of evolving regulatory
issues from headquarters’ perspective. Topics will include:
 Listing guidelines;
 The prospects for a new TMDL rule;
 The connection between TMDLs and wastewater permits; and
 The connection between TMDLs and MS4 permits.
10:40-11:40
Panel #1 – Standards, Use Attainability, Impairments and TMDLs in the
Washington Region (Regulatory Agency Representatives)
Representatives from the Virginia Department of Environmental Quality (DEQ), the
Maryland Department of the Environment (MDE) and the District of Columbia
Department of Health (DC DOH) will provide an overview of their respective
jurisdictions stand regarding adoption of new standards, expected implications for the list
of impaired waters and schedules for TMDLs. The panel members are:
 DC-DOH – Jim Collier
 VA-DEQ – Al Pollock
 MDE – Rich Eskin
11:40-11:50
Break to Get Box Lunches (Provided) & Return to Training Center
11:50-12:30
Lunch & Lunchtime Speaker: Paul Calamita, Partner, AquaLaw
The lunchtime speaker will cover issues of general interest with a regulatory theme
drawing from a national perspective. The talk may provide commentary on recent
examples of: use attainability, TMDL implementation via permits, successful delisting,
interstate TMDL implementation, regulatory lawsuits and court decisions, etc.
12:45-1:00
Break to arrange breakout rooms
After the break, there will be two tracks on (1) wastewater and (2) urban stormwater.
One group will stay in the Training Center; the other will move to Room 1.
Track 1 - Wastewater
1:00-1:45
Panel #2 – Wastewater Regulation
Regulatory agency representatives from EPA Region 3; MDE and VADEQ will describe
how they anticipate regulatory changes will affect wastewater dischargers. The panel
members are:
 EPA Region 3 – Bob Koroncai
 MDE – TBD
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Preliminary Draft
Updated 1/23/04

1:45-2: 45
VA-DEQ – Al Pollock
Panel #3 – Stakeholder Panel and Facilitated Discussion
Part 1: Representatives from wastewater utilities and a representative from the
Chesapeake Bay Foundation will describe their view on how new regulatory
requirements should be implemented in relation to wastewater utilities. The panel
members are:
 WSSC – Cy Jones
 DC-WASA – Mike Marcotte
 Alexandria Sanitation Authority – Glenn Harvey
 Chesapeake Bay Foundation – Theresa Pierno
Part 2: With both Panels #2 & #3 present, Tanya Spano of the COG staff will facilitate a
discussion so that the perspectives and questions of the audience can be fully aired.
These will comprise much of the workshop summary
Track 2 – Urban Stormwater
1:00-1:45
Panel #4 – Stormwater (MS4) Regulation
Regulatory agency representatives from EPA Region 3; MDE and VADEQ will describe
how they anticipate regulatory changes will affect MS4 stormwater permittees. The
panel members are:
 EPA Region 3 – Paula Estornell
 MDE – Ken Pensyl
 VA-DEQ – Tom Faha
1:45-2:45
Panel #5 – Stakeholder Panel and Facilitated Discussion
Part 1: Representatives from MS4 regulated agencies and the Natural Resources Defense
Council (NRDC) will describe their view on how new regulatory requirements should be
implemented in relation to MS4 permittees. The members are:
 Montgomery County, MD – Cameron Wiegand
 DC-WASA – Mohsin Siddique
 Northern Virginia Stormwater – Norm Goulet, NVRC
 Natural Resources Defense Council – Nancy Stoner
Part 2: With both Panels #4 & #5 present, Brian Rustia of the COG staff will facilitate a
discussion so that the perspectives and questions of the audience can be fully aired. These
will comprise much of the workshop summary
2:45
Adjourn
The workshop summary will be sent to all participants.
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