The Chesapeake Bay Lays Foundation for Watersheds Nationwide

The U.S. Environmental Protection Agency (EPA) is establishing pollution limits for nitrogen, phosphorous and sediment entering the Chesapeake Bay and its tributaries. The agency expects to finalize the new "total maximum daily load" (TMDL) in December 2010. The TMDL will likely impact new construction in the Bay area and establish a model for cleaning up watersheds nationwide. EPA has identified development and developed land (including stormwater runoff from construction sites) as contributors to the poor water quality of the Chesapeake Bay.  When the Bay's TMDL is final, states in the Bay area will incorporate the TMDL requirements into their respective stormwater permit, in accordance with the National Pollutant Discharge Elimination System program requirements.  The Chesapeake Bay watershed is 64,000 square miles and encompasses portions of Maryland, Virginia, Pennsylvania, Delaware, New York, West Virginia and the District of Columbia. To access additional resources on the TMDL, go to http://www.epa.gov/chesapeakebaytmdl/. Although EPA is establishing the TMDL, the individual states in the Bay area will establish mechanisms to reduce pollutants and submit to EPA "Watershed Implementation Plans" (WIPs).  States will submit their plans in three phases that will cover programs to reduce nitrogen, phosphorous and sediment entering the Bay ultimately through the year 2025.  Phase I WIPs are due in late 2010.  States will determine the focus of the programs within their WIPs as well as any best management practices, e.g., low impact development, that are acceptable for compliance with the TMDL.  States also may seek to strengthen stormwater permitting requirements and step up enforcement programs.  Additionally, as reported previously, EPA is moving forward with a first-time national rule that would set new standards to control stormwater discharges from developed sites.  This new rule would likely require the construction of permanent stormwater controls.  A listing of the point of contact for each state coordinating the WIP drafting is available online at http://www.epa.gov/chesapeakebaytmdl/. On a related note, President Obama issued an executive order to restore and protect the Chesapeake Bay. The 2009 executive order initiates rulemakings and supports and strengthens states' efforts to improve the water quality of the Bay. More information on the executive order is online at http://executiveorder.chesapeakebay.net/. For more information, contact Melinda Tomaino at (703) 837-5415 or tomainom@agc.org.