EPA Orders Surrounding States to Draw Up Watershed Implementation Plans for Chesapeake

In a series of letters sent out on Tuesday and Wednesday of this week, the Acting Administrator of EPA Region III informed states in the Chesapeake Bay watershed that they will be expected to draft state initial "watershed implementation plans" (WIPs) by next June on how they will meet targets for how much nutrient (i.e. nitrogen and phosphorus) and sediment run-off will be allowed to drain into the Bay from each state. EPA will use these WIPs to establish a final rule on the total maximum daily load (TMDL) of run-off that will be allowed into the Bay, under section 303(d) of the Clean Water Act (CWA), and various consent decrees between EPA and the states involved . EPA expects to complete this final rule by December 2010--it is asking states for these initial WIPs so it can issue a draft next August. Further, more specific state WIPs will be required in two stages by 2017.


This marks a significant departure in tactics. Whereas efforts to curb pollution in the Chesapeake have largely been governed by a voluntary framework for the past twenty or more years (as this excellent Frontline segment explains), the new regime will be mandatory. The Acting Administrator will send out "consequence letters" later this fall detailing the enforcement tools EPA will use to make sure that the WIPs are satisfactory, and that they are carried out faithfully. EPA also promises in the letter to limit air pollution that precipitates into the Bay, and enforce the rules against federal facilities.

The Capitol, an Annapolis, Maryland newspaper, reported this story, but emphasized that the TMDL values will be higher than they have been in the past. However, since those were only ever voluntary, if EPA follows through, the new TMDL values should have a greater impact.

For further background, EPA's September Federal Register notice of the new Chesapeake TMDL program can be read here. A more user-friendly fact sheet can be seen here.