Draft Strategy for Protecting and Restoring the Chesapeake Bay

The Federal Leadership Committee for the Chesapeake Bay released its Draft Strategy for Protecting and Restoring the Chesapeake Bay on November 9, 2009 (concurrent with the Draft Strategy, an Executive Summary was released). Comments on the Draft Strategy are due by January 8, 2010 and the final strategy for protecting and restoring the Chesapeake Bay is to be completed and released by May 12, 2010.

The Draft Strategy isn't very different from the Draft 202(a) Report submitted by the EPA to the Federal Leadership Committee. Some of the recommendations that may be of particular interest to the building industry include:

  1. Development of an Economic Market for Ecosystem Services: Federal agencies will support the development of innovative technologies and economic markets as a way to provide landowners with an incentive to practice sustainable agriculture and forestry. Essentially, entities such as urban water utilities, industrial polluters, and land developers who must pay to mitigate negative impacts to the watershed will pay for the implementation of conservation practices that offset those impacts. USDA will lead a collaborative federal effort to develop ecosystem markets in the Chesapeake Bay watershed.

  2. Promote Smart Growth and Sustainable Development: Because land use has a direct impact on the environment, federal agencies will promote sustainable development and smart growth through assistance and tools to local governments. DOT, EPA and the Department of Housing and Urban Development will convene a series of forums and partner with local governments to conduct integrated transportation, land use, housing, and water infrastructure planning in a sustainable and environmentally sensitive manner. DOT will promote use of public transportation, bicycling, and walking, and partner with the Department of Energy (DOE) on a pilot project to support increased use of electric cars.

There are a couple of statements in the Draft Strategy that seem to directly address some of the concerns raised by the industry during listening sessions with the EPA. For example, page 23 of the Draft Strategy addresses the cost implications for more stringent stormwater management practices for new construction but ultimately concludes that change is more valuable:

Demonstrating the value of changing our behaviors is a difficult task. Often, such changes are viewed as a threat to people’s lifestyle or economic well-being. Reducing stormwater runoff, for example, may require the installation of new technologies in both residential and commercial developments. Requirements to use new roofing technologies or porous pavement have the potential to raise the price of such development. Partnering with states and communities to lead change in community planning and individual choices is important to bring all stakeholders and residents into the effort to achieve and sustain a healthy system.”

Here are a few statistics cited in the Draft Strategy that builders and developers may find interesting:

  1. Between 1990 and 2000, the amount of land in the watershed covered by impervious surfaces increased by about 41 percent, while population in the Bay watershed grew by 8 percent. Stormwater running off urban and suburban lands is now the fastest-growing source of pollution in the Bay. (Draft Strategy p.19)

  2. Construction sites can contribute, on a per-acre basis, 10 to 20 times more sediment than do agricultural lands. (Draft Strategy p. 22)

  3. A one-acre parking lot produces about 16 times the volume of runoff that comes from a one-acre meadow.” (Draft Strategy p.31)

  4. Development has increasingly altered both natural and cultural landscapes, tearing at the very fabric that defines the region and supports our way of life….Moreover, converting forests and open spaces to development simply exacerbates pollution problems now harming the Bay and its rivers. On average, an acre of forest delivers just 3.3 lbs of nitrogen to streams annually; an acre of developed land delivers 32.9 lbs of nitrogen annually. (Draft Strategy p. 33)

If you have any statistics, data, or general comments that you'd like to make to the FLC and the EPA as they go forward in developing a more concrete strategy, it's important to submit them by January 8, 2010 to be considered. Comments can be provided via this link.

EPA Announces Intent to Establish Chesapeake Bay TMDL

In mid-September, the EPA published its intent to establish a Chesapeake Bay-wide Total Maximum Daily Load (TMDL) for nutrients and sediment for “all impaired segments in the tidal portion of the Chesapeake Bay watershed” via Volume 74, No. 179 of the Federal Register.

According to the notice, a TMDL is being developed for the Chesapeake Bay because water pollution in the Bay prevents the attainment of existing State water quality standards and the pollutants that are largely responsible for this impairment are nutrients in the form of nitrogen and phosphorus along with sediment.

What will the TMDL do?

The TMDL will establish the watershed pollution budget for nutrients and sediment necessary to meet water quality standards in the Bay, taking into consideration both point (i.e., sources discharging to waterbodies through a pipe or other direct conveyance) and nonpoint (agricultural and other unchanneled stormwater runoff) sources of pollutants. Because the EPA’s ability to influence nonpoint sources has been limited in the past, under the Bay TMDL, the EPA is working with local jurisdictions to develop “innovative approaches” to achieving nonpoint source reductions of nutrients and sediment.

If you’re thinking, “Well, I don’t build on the Bay, so the TMDL won’t impact me,” then you’d be sadly mistaken. The scope of the Bay TMDL will likely include about 92 impaired Bay and tidal tributary segments and may therefore result in 92 TMDLs (one for each impaired segment). The EPA estimates that when the TMDL is completed, it will the largest, most complex TMDL in the country, covering a 64,000 square mile area in six States and the District of Columbia.

What actions might I take?

The EPA will hold a series of public meetings between November and December 2009 and a second public comment period will be held in the summer of 2010 once a draft TMDL is developed. At this point, the EPA requests that the public provide to EPA any water quality related data and information that may be relevant to the development and calculation of the Chesapeake Bay TMDL by December 18, 2009. This is a great opportunity for the development and building industries to gather pertinent data (especially on nonpoint sediment runoff) and to get that information submitted so that it can be reviewed during the establishment of the TMDL.