Agenda 11-02-23; 4-a - Resolution Endorsing Consensus Principles II for Revised Falls Lake Rules

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=49 public support and encourages participation, which ultimately results in a more effective nutrient management strategy. Encouraging stakeholder involvement, providing transparent record keeping, facilitating multiple funding vehicles, and offering an expanded suite of compliance activities all contribute to a fair and equitable program. The UNRBA acknowledges that the success of the program depends on participation, and willing participation depends on each member, and each citizen, being treated with respect, equality, and fairness. Consideration of Environmental and Social/Community Impact Issues The revised nutrient management strategy should consider environmental and social impact issues in implementation of the program. The revised rules should promote opportunities for equitable stakeholder participation by encouraging input and participation from the public and interest groups. The UNRBA believes that a voluntary and collaborative approach will give more opportunities for communities to be heard and included in the decision-making process. In addition, members are encouraged to employ the multitude of state and federal databases and tools that exist to protect historically underserved communities and individuals. One such tool is the EPAs EJSCREEN tool that can be used to assess whether potential for environmental justice issues may arise within a project's service area. Efforts should be made to ensure that the programs and actions of the regulatory system for nutrient management in Falls Lake and its watershed do not create environmental or social justice issues. Measuring Compliance Under an Investment-Based, Joint Compliance Approach As with the IATA,the UNRBA recommends that compliance under the revised strategy be tracked by investment and the amount of nutrient reductions be tracked as supplemental information. One of the fundamental differences of the IAIA compared to conventional regulatory approaches is that compliance is tracked by required investment in eligible activities rather than counting the nutrient pounds reduced. This approach provides two key benefits: 1) local governments can plan for required investment levels as part of their budgeting process and 2) activities that do not have State- approved nutrient credits that are known to be beneficial to water quality and quantity can be incorporated into the program. Pledged investment levels remove fiscal uncertainty and simplify compliance administration,freeing members to prioritize water quality projects with more comprehensive and sustainable benefits that meet water quality objectives while addressing the unique needs of their communities. This method of compliance is reminiscent of the EPA's Integrated Planning framework first launched in 2012 and included in the Water Infrastructure and Improvement Act (WIAA) (H.R.7279) of 2019. The integrated planning framework was developed as a means to address the increasingly complex challenges of meeting Clean Water Act(CWA) requirements. "An integrated plan is a process that identifies efficiencies from separate wastewater and stormwater programs to best prioritize capital investments and achieve our human health and water quality objectives. This approach can also lead to more sustainable and comprehensive solutions, such as green infrastructure, which improve water quality and provide multiple benefits that enhance community vitality" (https://www.epa.gov/npdes/integrated-planning-municipal-stormwater-and-wastewater).The success of Integrated Planning shows that moving beyond nutrient tracking into a more comprehensive means of compliance can result in sustainable solutions that reduce pollution sources rather than simply controlling or treating discharges. In fact, many municipalities who have undertaken similar programs have exceeded CWA requirements and saved money by synchronizing water quality goals with capital improvement projects. Representatives of agriculture have indicated that they prefer to maintain ownership of their nutrient loss tracking and reporting, and this cooperative approach would allow that to continue while 30