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DIRECTOR'S CORNER

Restoring the Chesapeake Bay and Virginia's rivers: Nutrients and discharge permits

Image of DEQ Director Bob Burnley

As we work to restore the Chesapeake Bay, the bottom line is this: Do we want it done in haste - or do we want it done right?

Working in cooperation with numerous state agencies since 1985, DEQ has helped Virginia achieve nutrient reductions through a variety of actions based on regulations, financial assistance of public funds and voluntary measures.

For example, regulated municipal and industrial facilities in Virginia that discharge treated wastewater have reduced the amount of phosphorus they discharge to the Bay by 56 percent since 1985. The amount of nitrogen discharged will be reduced by 37 percent once current construction projects are completed within the next year. An investment of almost $100 million of state public funds contributed to this nitrogen reduction.

But now we face numerous challenges in our efforts to build on our past actions. Rushing into decisions about the future course of nutrient reduction would mean ignoring the costs, ignoring the science and ignoring the crucial need for the public's voice to be heard in these complex and far-reaching actions.

Focusing exclusively on point sources - the discharge pipes from publicly and privately operated wastewater treatment plants - ignores the problem of nonpoint sources. Runoff from farms, fields, streets, parking lots and lawns contributes more nutrients to the Bay and its rivers than the treatment plants do. This runoff pollution is more difficult and costly to control, but we cannot and will not push this issue aside.

Restoring the Bay also means looking at what really affects the Bay. Actions we take for the James River will certainly help the river, but they will have no significant effect on the Chesapeake Bay. Water quality in the James does not have an impact on the Bay.

It would cost more than $1.5 billion to complete advanced upgrades at the 100 treatment plants that produce the most nutrient pollution from point sources in Virginia's Bay watershed. It is clearly necessary to improve the treatment capabilities of these plants if we are going to restore the Bay. However, we will not help the Bay by forcing limits into discharge permits before we have figured out how much of an upgrade is necessary at each plant and how to finance these expensive projects. Our goal is to find the most cost-effective and environmentally protective solutions.

On December 9, 2003, Governor Warner directed DEQ to develop a regulatory proposal for nutrient limits in discharge permits. The Governor has asked that the proposal be based on technology. He also wants issues regarding specific limits, geographic applicability and timing to be addressed as the regulations are developed.

>Because these key issues will not be resolved immediately, we will continue to work through our tributary strategies to determine the appropriate amounts of nutrients that enter the Bay and rivers. These amounts may be subject to change depending on the final results of the regulations.

In addition, Virginia already has begun revisions to the water quality standards that will define what a restored Bay will look like. The new standards also will affect discharge permits.

Development of these two regulations - technology-based nutrient limits and the water quality standards - will proceed simultaneously. When they are complete, Virginia will be able to adopt a program that meets the needs of the Chesapeake Bay and its tributaries, and also distributes the costs as fairly as possible.

Perhaps most important, we recognize that developing the regulations to put nutrient limits into our permits will take time - up to two years. There is a good reason for this. Much of that time will be spent meeting with the public, getting their views, crafting cooperative proposals on the most sensible ways to implement nutrient limits, and providing an opportunity for every voice that wants a say on this important issue to be heard.

We owe it to Virginians, and the Chesapeake Bay, to do what is best - not what is quickest.


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