EPA Releases Draft Chesapeake Bay TMDL and Announces Federal Backstop Measures for Maryland

Posted on October 12, 2010 by Megan Reuwer

Based upon deficiencies in several of the draft Phase I Watershed Implementation Plans submitted by Chesapeake Bay watershed states in September, the EPA released its draft TMDL plan on September 24, 2010 with newly incorporated federal backstops. As a quick refresher, remember that the TMDL is designed to ensure that all pollution control measures to fully restore the Bay and its tidal rivers are in place by 2025.  The final TMDL will be established by December 31.

EPA's backstop measures include tightening controls on federally permitted point sources of pollution, such as wastewater treatment plants, large animal agriculture operations, and municipal stormwater systems. Let's take a quick look at all proposed backstops, then jump to those proposed specifically for Maryland.

All Federal Backstops (applied in varying degrees per jurisdiction):

  1. Expand coverage of NPDES permits to sources that are currently unregulated;
  2. Increase oversight of state-issued NPDES permits;
  3. Require additional pollution reductions from point sources such as wastewater treatment plants;
  4. Increase federal enforcement and compliance in the watershed;
  5. Prohibit new or expanded pollution discharges;
  6. Redirect EPA grants; and
  7. Revise water quality standards to better protect local and downstream waters

In the draft TMDL, EPA proposes more extensive backstop allocations for Pennsylvania, Virginia, New York, Delaware and West Virginia - only minor changes were made to the plans for Maryland and the District of Columbia.

Federal Backstops for Maryland:

  1. Maryland's Phase I WIP Analysis: EPA found some deficiencies - but found that it meets overall statewide allocations for nitrogen, phosphorus and sediment, with several individual river basins exceeding the allocations for nitrogen, phosphorus, or sediment.
  2. Maryland's Federal Backstop Allocation: EPA asserts that it made "minor level" backstop allocations for Maryland's non-point source load allocations to meet nitrogen, phosphorus, and sediment allocations in each major basin within Maryland. EPA believes that the TMDL does not institute changes to point source wasteload allocations that would affect NPDES permit conditions.

While it is somewhat reassuring to read that EPA believes that the NPDES permit program would not require further federal oversight in Maryland, this is by no means a guarantee. If no new NPDES permits can be issued, then this would stymie the building industry.

The release of the draft TMDL begins a 45-day public comment period that will include public meetings in the watershed states. Maryland's scheduled meetings are as follows:

  • Oct. 12, 2-4 p.m., The Easton Club, 28449 Clubhouse Drive, Easton, MD
  • Oct. 13, 2-4 p.m. Sheraton Annapolis, Annapolis, MD
  • Oct. 14, 2-4 p.m. Hagerstown Hotel and Convention Center, Hagerstown, MD

 

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