In November 2009, the federal government released
the Draft Strategy for Protecting and Restoring the Chesapeake
Bay for a 60-day public comment period. The Strategy focuses on
restoration of the Bay to address nitrogen, phosphorus, and sediment
pollution from sources including agricultural operations, stormwater
runoff, and wastewater discharge into the 64,000-square-mile
watershed that includes 17 million people in seven states. To comply
with the Strategy, states will have to develop “Pollution Diets”
addressing inputs to the Bay from municipal and industrial
wastewater facilities; stationary and mobile air sources;
concentrated animal feeding operations; and stormwater. This article
presents a brief overview and the status of efforts to improve water
quality in the Bay.
Overview of the Bay
The Chesapeake Bay and its rivers are adversely impacted by
nitrogen, phosphorus, and sediment from agricultural operations,
urban and suburban runoff, wastewater, and other sources (see Fig.
1, 2, and 3). The excess nutrients and sediment flowing into the Bay
reportedly cause murky water and algae blooms, which block sunlight
from reaching underwater bay grasses and create low levels of oxygen
for aquatic life, such as fish, crabs and oysters.
About half of the Bay’s water comes from the Atlantic Ocean and the
remainder drains into the Bay from its 64,000-square-mile watershed,
which includes parts of New York, Pennsylvania, Maryland, West
Virginia, Virginia, Delaware, and the District of Columbia. Sources
of contamination are spread across the watershed, but 25% of the
watershed land is used for agriculture, a significant source of
nitrogen, phosphorous, and sediments to the Bay.
Federal Action to Restore the Bay
Chesapeake Bay Protection and Restoration Executive Order
On May 12, 2009, President Barack Obama signed the Chesapeake Bay
Protection and Restoration Executive Order establishing a
Federal Leadership Committee (Committee) to oversee the development
and coordination of reporting, data management and other activities
by agencies involved in the restoration of Chesapeake Bay. The
committee is chaired by the U.S. Environmental Protection Agency (USEPA)
and includes senior representatives from the U.S. Departments of
Agriculture, Commerce, Defense, Homeland Security, Interior,
Transportation and others.
On November 9, 2009, the Committee released a Draft Strategy for
Protecting and Restoring the Chesapeake Bay. The strategy
focuses on:
Restoring clean water;
Conserving treasured places;
Restoring habitats, fish, and wildlife; and
Adapting to the impacts of climate change.
The Draft Strategy proposes to achieve
these goals by providing federal leadership while empowering local
science-based decision-making. The Draft Strategy is
currently in the midst of a 60-day public stakeholder review and
comment period.
The focus of the plan is addressing runoff to the Bay, and farms are
considered the largest single source of nutrient-laden water;
however, suburban and urban runoff loads are reportedly increasing.
Recovery of historical oyster bars and establishment of
self-sustaining oyster-reef sanctuaries and 20 key tributaries
throughout the Bay by the year 2020 are key aspects of the
restoration goals.
Once the Strategy is finalized in 2010, the Committee will
begin publishing an annual Chesapeake Bay Action Plan
describing how Federal funding will be allocated toward Bay
restoration in the upcoming year. The annual Action Plan will
be accompanied by an Annual Progress Report that reviews
environmental indicators and assesses implementation of the
Strategy. An independent evaluator will report periodically on
progress toward meeting the goals of the Executive Order.
Clean Water Act Rulemakings Federal action to support Bay
restoration is expected to include USEPA rulemakings under the Clean
Water Act to reduce nitrogen, phosphorous, and sediment entering the
Bay through promulgation of regulations pertaining to concentrated
animal feeding operations, stormwater, new/expanded discharges of
nutrients and/or sediment; and other pollutant sources. Compliance
and enforcement strategies will focus on municipal and industrial
wastewater facilities; stationary and mobile air sources;
concentrated animal feeding operations; and stormwater.
In December 2010, USEPA will establish a Total Maximum Daily Load (TMDL)
for the Chesapeake Bay. To meet the TMDL limits, states and the
District of Columbia are to develop detailed plans for reducing
pollution in their jurisdictions and for measuring their progress
every two years. The plans will identify pollution reduction targets
by both geographic location and source sector and will include a
description and schedule of required actions. The Federal TMDL and
State plans have been nicknamed the Chesapeake Bay “Pollution Diet.”
Reportedly, the Bay watershed States would prefer to enact
state-specific regulations to address their local sources of
pollution to the Bay. The USEPA will allow States to take action,
but if they fail to address the pollution concerns in the proposed
timeframe, Federal legislation will be enacted.
Related Actions
In parallel but separate action, the Chesapeake Clean Water and
Ecosystem Restoration Act of 2009 (S1816 or HR3852) was introduced
in Congress by Senator Benjamin Cardin. The Act would impose
legally-binding pollution reduction targets on Bay area states,
provide funding for addressing some of the pollution problems, and
create a cap and trade program for nutrient pollution.
Current Status
The high-profile Draft Strategy is being covered by media
across Bay watershed states due to the wide-scale impact of
potential Federal and State regulations on multiple sectors. Public
comment meetings are being held around the watershed to discuss the
Federal plan and States’ responses. A final strategy is expected to
be released in early 2010 after the public comment period closes,
and States are already working to develop local and regional action
plans to comply with the Strategy.
Figures
Figure 1 Sources of Nitrogen to Chesapeake Bay [Source: 2009
Executive Order 13508 Draft Strategy for Protecting and Restoring
the Chesapeake Bay]
Figure 2 Sources of Phosphorous to Chesapeake Bay [Source: 2009
Executive Order 13508 Draft Strategy for Protecting and Restoring
the Chesapeake Bay]
Figure 3 Sources of Sediment to Chesapeake Bay [Source: 2009
Executive Order 13508 Draft Strategy for Protecting and Restoring
the Chesapeake Bay]
For more information, please contact
Alborz Wozniak at
(925) 403-6200.
![Figure 1 Chesapeake Bay Watershed. Source: USEPA [5]](chesapeake_bay_pollution_diet_files/image002.gif)
