PROJECT CHARTER Ohio NPS Management Plan 2005-2010 Workgroup (NPS Workgroup) December 15, 2003
PROJECT SCOPE
Mission:
Complete an Ohio Nonpoint Source Management Plan 2005-2010 for submission to USEPA, Region 5 by January 31, 2005, which to the fullest extent possible incorporates and/or aligns with related management documents/plans to serve as the comprehensive and definitive expression of NPS management goals for the State of Ohio.
Key Definitions:
Target: an environmental performance indicator; set up to be “hit” (as in bull's-eye) or achieved; quantitative, clear, defined, measurable. Objective: a broad statement regarding the purpose of something. Often answers the question of “why” something is being done, without being quantitative or clearly identifying how the outcome of the task will be measured. Nonpoint source pollution: pollution that is a result of land use activity or disturbance of the stream system. The sources can be classified into two categories: polluted runoff and physical alterations. Polluted runoff: rain and snowmelt flowing across the land surface that picks up pollutants and
carries them to the river or into groundwater. Physical Alterations: changes to the stream channel or its corridor, including straightening, deepening, widening or changes in flow patterns.
Background / History:
• • The last comprehensive Ohio NPS Management Plan approved by USEPA was produced in 1988 based on the Clean Water Act Amendments of 1987. The Ohio Water Resource Council partner agencies agree that Ohio needs a state NPS plan that includes the myriad of “new” initiatives that have influenced recent NPS program direction (e.g. an increased emphasis on locally led NPS planning, TMDLs, Phase II Stormwater, Primary Headwater Habitat Initiative, Coastal NPS Program, Gulf Hypoxia, etc.) The March 2002 Ohio Water Resources Council Four Year Strategic Plan includes the following action for priority implementation: “Develop an update and implement the goals of the Ohio Nonpoint Source Management Program.” Ohio EPA and ODNR are suggested as “Lead” with ODOD, ODH, ODOT, OPWC, OWDA, PUCO recommended as “Associated” agencies. “Updates” were completed in 1993 and 1998, however these updates did not fully supplant the 1988 plan, but were appended to it. Ohio EPA and ODNR directors signed the 1988 plan and subsequent updates. The Director of Ohio EPA is ultimately responsible for submission of the Ohio NPS Management Plan to USEPA, however it has long been recognized that collaboration with and buy-in from partner agencies is critical to the success of Ohio’s NPS program. ODNR Division of Soil and Water Conservation led the planning effort to produce the 1988 plan and subsequent updates. This leadership stems from the division’s relationship with Soil and Water Conservation Districts and local watershed organizations, the primary NPS control delivery agents at the local level.
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Purpose:
• • • • • Develop a plan which addresses NPS impacts on “waters of the state,” which includes surface and groundwater resources. Develop a widely and solidly endorsed set of NPS implementation priorities, especially in a climate of continually tightening budgets. Identify quantitative, achievable interim targets for NPS implementation. Identify locations where NPS implementation will achieve the greatest results. Outline the process Ohio will use to make sure that existing NPS programs achieve short and long-term NPS targets.
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Acknowledge and support community-based watershed action planning and implementation as critical to achieving the “desired” state. Identify best management practices and restoration actions that can be implemented to achieve identified targets. Align existing state NPS programs and priorities with these targets, locations, and actions. Identify research needs, information gaps, resource shortfalls and other barriers to reaching NPS targets. Develop process for annually reporting on results of NPS implementation, education/outreach, and monitoring/evaluation. Develop process for plan amendments.
Boundaries: (limits on scope of process change allowable as defined by the team sponsor authority to pilot improvements/or just recommend, legal restrictions, budget, etc.) • At a minimum, the NPS Management Plan must meet the requirements of Section 319 of the Clean Water Act (33 USC Sec 1329), 1/7/99 USEPA Guidance on the “Process for Approval of Updated NPS Management Programs,” and other applicable state and federal requirements. • Development and implementation of the NPS Management Plan 2005-2010 interim targets should not be heavily dependent upon proposing new legislation. Whenever possible, interim targets will be put into action through voluntary action with existing and other readily available resources and with existing authority. However, long-term target implementation may necessitate new legislative / budgetary proposals. • The project budget is limited to normal operating expenses for items such as personnel, meeting logistics, supplies, mailings, posting and maintaining the plan on the Ohio EPA website, etc. already contained within existing OEPA and ODNR NPS program budgets. • The content of the plan is NOT limited to items applicable to approval and award of Ohio 319 grants. • At a minimum, the NPS Plan will include: o a summary of the “as is” NPS situation in Ohio; o summaries of relevant established national, regional, state, and local targets or “desired states” for NPS issues; o provide a road map to make incremental progress toward hitting those targets; o identify critical areas and priorities for NPS implementation actions (where possible incorporating from existing NPS policy documents); o identify lessons learned to date; outline a process for periodic amendments to the plan between comprehensive 5 year updates; o recommend roles and responsibilities for an on-going NPS Advisory Group; o include reporting, monitoring, evaluation, education, and BMP sections.
What the NPS Workgroup Has the Authority to Do:
• The NPS Workgroup has the authority to develop a NPS Plan that includes the above–mentioned components for recommendation to the Directors of Ohio EPA and ODNR.
What the Directors of Ohio EPA and ODNR have the Authority to Do:
• Producing an updated Ohio NPS Management Plan is honoring a work plan commitment in the 319 grant agreement between Ohio EPA and USEPA; and the 319 Grant Agreement between Ohio EPA and ODNR, Division of Soil and Water Conservation. Per ORC 6111.03.7, the Director of Ohio EPA is responsible for development and implementation of a comprehensive nonpoint source management program prioritized by control of significant nonpoint source pollution and interstate nonpoint source pollution, and implementing innovative methods/practices for NPS control and groundwater protection. Per ORC 1501.20, the Director of ODNR, through the division of soil and water (conservation)*, coordinates the efforts of state and local governmental agencies to meet the minimum state air and water quality standards relating to (nonpoint source)* agricultural pollutants and urban sedimentary pollutants.
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What the Ohio Water Resources Council State Agency Coordinating Group has the Authority to Do:
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Per ORC 1521.19, the council provides a forum for policy development, collaboration and coordination among state agencies, and strategic direction with respect to state water resource programs. (The State Agency Coordinating Group consisting of appointees from participating agencies)* shall provide assistance to and perform duties on behalf of the council as directed by the council. Per bylaws, the Council may authorize workgroups to address specific issues. Workgroup members may include the State Agency Coordinating Group member, state agency staff, Advisory Group members, and any other public and private sector individuals with pertinent expertise.
*Parenthetical text is inserted to provide clarity.
See the following web site for Ohio Revised Code citations: http://onlinedocs.andersonpublishing.com
Project Customers/Stakeholders
• • USEPA, Region V The Ohio Nonpoint Source Management Plan 2005-2010 will outline nonpoint source priorities so that any organization, agency, or individual implementing nonpoint source activities will have a road map to help guide their actions.
Final Deliverable
Ohio Nonpoint Source Management Plan 2005-2010 approved by Ohio EPA and ODNR, and certified by the Ohio Attorney Generals Office for submission to USEPA.
Final Deadline
• • Final draft complete by November 31, 2004 Submittal to USEPA by January 31, 2005
PROJECT ADMINISTRATION
Project Milestones
Milestone
Kick-off Meeting First Workgroup Meeting Present Introduction/Overview to OWRC Advisory Committee Meeting BMP Approach, Targets, “As Is States,” & Gaps Defined Interim Targets & Roadmap for 2005 – 2010 Internal Review & Edits Complete Public Comment Address Public Comment Director Review & Attorney General Certification Submit to USEPA Response and Revision According to USEPA Comment
By When
complete complete 1/9/04 2/04 6/04 8/04 9/04 10/04 11/04 1/05 ??
Communication Plan
Who?
Ohio EPA & DNR Directors Attorney General’s Office OWRC SACG
Needs to Know What?
Progress and draft recommendations Content of NPS Management plan in order to certify authorities & legal references Progress and draft recommendations
When?
Weekly Monthly Periodic Monthly
In What Form?
Director briefings from Divs. OWRC SACG minutes Draft reviews Ohio EPA & ODNR meeting
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Interested Parties* Member Orgs.** Public
Highlights Progress and draft recommendations Draft Plan
Periodic at key milestones Monthly Sept. 04
updates Email and web site Workgroup minutes & verbal by workgroup representative Public Comment Period
*Individuals who have expressed a desire to be informed but do not wish to participate directly in the planning process. **Organization not already represented on OWRC committees/groups
Project Evaluation Plan
Desired Outcome
Effective workgroup meetings Timely achievement of project milestones Commitment from NPS Partners to align programs and activities to achieve NPS Management Plan desired outcomes Broad stakeholder buy-in of NPS targets and priorities Compliance with Ohio Revised Code responsibilities Meet requirement of USEPA guidance & ensure Ohio’s legal authority to implement the plan Meet requirements of USEPA guidance & ensure Ohio’s NPS Plan supports the applicable portions of the Clean Water Act. Commitment to plan implementation by NPS partners
Evaluation Method
Survey Instrument Progress Status Report during workgroup meetings Partners review & comment Public Comment Period Director Review and comment Attorney General review and comment USEPA review and comment Annual Report to USEPA
Success Measurement
Level of positive feedback on survey Achievement as scheduled above Identified contributions to NPS Plan implementation by each partner Level of positive feedback on NPS targets and priorities Approval by Directors of ODNR & Ohio EPA Certification by Attorney’s Office Approval by USEPA Level of progress toward interim targets
Project Risk Management Plan
Risk
Individual partners cannot endorse NPS Plan Individual partners do not want to develop state-wide targets and or priorities OWRC SACG cannot endorse the NPS Plan Scope of the plan contents are too large Scope of desired input is too large
Probability
Medium
Impact
Plan scope is not “state-wide” for all issues, and perception that Plan is not credible Plan scope is not “state-wide” for all issues, and perception that Plan is not credible Workgroup may splinter or dissolve, and perception that Plan is not credible Schedule cannot be met, and Ohio continues to lack clear NPS direction Schedule cannot be met, and Ohio continues to lack
Contingency Plan/ Responsible Party
Workgroup lowers expectations for “state-wide” scope OR individual partners provide specific reasons why plan cannot be endorsed and specific recommendations to the Workgroup on how to resolve NPS Partners implement according to identified targets or priorities
Medium
Low
High
OWRC SACG provide specific reasons why plan cannot be endorsed, and specific recommendations to the Workgroup on how to resolve Workgroup prioritizes the subcomponents and presents to the OWRC SACG for endorsement Workgroup prioritizes key input that must be obtained and presents to the OWRC SACG for endorsement
High
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clear NPS direction
Guidance Team: (TEAM SPONSOR): (the individual(s) who own the existing process and have
the authority to approve changes) Updated 12/1/04 Project Sponsor: Project Advisor: Project Advisor: Project Advisor: Project Advisor Project Advisor: Ohio Water Resources Council State Agency Coordinating Group Lisa Morris, Chief, Ohio EPA Division of Surface Water David Hanselmann, Chief, ODNR Division of Soil & Water Conservation Russ Gibson, Section Manager, Watershed Management Program, Ohio EPA. John Kessler, Section Manager, Streams and Watersheds, Ohio DNR Paul Thomas, Water Division, USEPA, Region V
Project Leaders:
Greg Nageotte, ODNR, Division of Soil & Water Conservation Lauren McEleney, Ohio EPA, Division of Surface Water
NPS Workgroup:
Updated 12/1/04 Delaware SWCD: Larry Ufferman ILGARD: Scott Miller Little Miami River Partnership: Dennis Tenwolde ODH: Jean Caudill, Rebecca Fugitt ODNR, Forestry: Mark Ervin ODNR, Mineral Resources Management: Harry Payne ODNR, Natural Areas and Preserves: Bob Gable ODNR, Soil and Water Conservation: John Kessler, Greg Nageotte ODNR, Water: Ted Lozier ODOT: Thomas Linkous OEPA, DEFA: Bob Monsarrat, Jerry Rouch OEPA, Drinking and Groundwater: Heather Raymond, Mike Eggert OEPA, Surface Water: Lauren McEleney, Russ Gibson Ohio Chamber of Commerce: Jack Van Kley Ohio Environmental Council: Dan Binder, Jerry Wager Ohio Farm Bureau Federation: Larry Antosch Ohio Greenways: Elaine Marsh Ohio Home Builders Association: Brock Wanless Ohio Sea Grant: Leroy Hushak Ohio State University: Tim Lawrence OSU Extension: Anne Baird, Dana Oleskiewicz The Nature Conservancy: Gary Moore, Anthony Sasson USDA-NRCS: Wes Beery, Doug Zehner USGS: Jim Morris, Julie Hambrook
Subcommittee Participants*:
Environmental Targets & Priorities Name Agency/Org Lauren Ohio EPA, McEleney DSW Greg ODNR, Nageotte DSWC Anthony The Nature Sasson Conservancy Julie USGS Hambrook Mike Eggert Ohio EPA, DDAGW Bob Ohio EPA, Management Practices & Measures Name Agency/Org Heather Ohio EPA, Raymond DDAGW Wes Beery USDA, NRCS Deba Mohler USDA, NRCS Katie Ohio EPA, McKibben DSW Jocelyn ODNR, Henderson DSWC Gary Moore The Nature Watershed Planning and Implementation Name Agency/Org Lauren Ohio EPA, McEleney DSW Greg ODNR, Nageotte DSWC Rosida Porter ODNR, DSWC Anne Baird OSU Extension Dana OSU Oleskiewicz Extension Heather Ohio EPA, Implementation Funding Name Jerry Rouch Jerry Wager Tim Lawrence Wes Beery Jean Caudill Agency/Org Ohio EPA, DEFA Ohio Env. Council OSU USDA-NRCS ODH
NPS Workgroup Charter Monsarrat Bob Gable Ted Lozier Harry Payne DEFA ODNR, Nat. Areas ODNR, Water ODNR, DMRM Dan Imhoff Larry Antosch Paul Gledhill
Page 6 Conservancy Ohio EPA, DSW Ohio Farm Bureau Fed. Delaware SWCD Raymond Dennis Tenwolde DDAGW Little Miami Watershed Partners
December 7, 2004