Key Developments in the Chesapeake Bay Watershed
EPA Evaluates New York’s Draft Phase III Watershed Implementation Plan Amendment (January 7, 2021) – EPA released its evaluation of draft Phase III Watershed Implementation Plans (WIP) amendment from New York to demonstrate meeting the 2025 targets for nitrogen, phosphorus, and sediment pollution to the Chesapeake Bay. As part of the implementation of the Chesapeake Bay TMDL, jurisdictions committed to develop WIPs that document how jurisdictions will achieve and maintain water quality standards. New York’s 2019 Phase III WIP submittal did not achieve the full planning target for nitrogen. New York responded to EPA’s evaluation, which asked for additional information to demonstrate achieving the nitrogen targets, by submitting an amended Phase III WIP to EPA in November 2020. EPA is releasing its evaluation of New York’s draft amended Phase III WIP. EPA commits to continue to provide assistance to support New York in addressing enhancements identified in the evaluation.
EPA Receives Draft Amended Phase III WIP for Review from New York – New York submitted a draft amended Phase III Watershed Implementation Plan (WIP) to EPA for review. The draft amended WIP intends to demonstrate meeting the 2025 targets for nitrogen, phosphorus, and sediment. New York’s 2020 amendment is being made to (1) include a more accurate projection of delivered wastewater loads in 2025, (2) calculate New York’s nutrient loading using an updated version of the Chesapeake Bay Assessment Scenario Tool (CAST-19), and (3) employ a phosphorus to nitrogen nutrient exchange ratio permitted by the TMDL. The amended WIP is available for viewing on New York Department of Environmental Conservation’s website, accessible through the link below. EPA will review the draft amended WIP and will provide an evaluation soon. Read NY’s draft amended Phase III WIP
EPA assesses milestone progress and future commitments (July 29, 2020) – EPA provided its final evaluations of progress toward meeting the 2018-2019 milestones and of the 2020-2021 milestone commitments to the seven Chesapeake Bay states and the federal agencies. The Chesapeake Bay Program partnership committed to have all practices and controls in place by 2025 to achieve applicable water quality standards for dissolved oxygen, water clarity/submerged aquatic vegetation and chlorophyll-a. Since 2012, the seven states and the federal agencies have established short-term goals, called two-year milestones, to help achieve the 2025 goal.
Jurisdictions, Federal Agencies Submit Final Two-Year Milestones – Chesapeake Bay jurisdictions and a set of federal agencies were scheduled to submit their final 2018-2019 and 2020-2021 two-year milestones to EPA on June 1, 2020. EPA will evaluate the milestones over the coming weeks and provide its evaluations no later than July 31. EPA will evaluate progress toward attaining the goal of having practices in place by 2025 to achieve Phase III Watershed Implementation Plan (WIP) planning targets for nitrogen, phosphorus, and sediment. The jurisdictions submitted their draft two-year milestones on March 2 and EPA provided its draft evaluations on April 30. Read the milestones
EPA Provides $6 Million to Reduce Excess Ag Runoff to the Chesapeake Bay (May 18, 2020) – The U.S. Environmental Protection Agency announced the allocation of $6 million to Chesapeake Bay states to improve water quality by reducing excess nitrogen from agricultural operations. Part of an increase in the FY 2020 EPA Chesapeake Bay Program budget, the funds were designated for “state-based implementation in the most effective basins.”
See Effectiveness Rationale document
EPA Evaluates Final Phase III Watershed Implementation Plans (December 18, 2019) – EPA has released its evaluations of final Phase III Watershed Implementation Plans (WIPs) from Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia to reduce nitrogen, phosphorus and sediment pollution to the Chesapeake Bay. As part of the implementation of the Chesapeake Bay TMDL, jurisdictions committed to develop WIPs that document how jurisdictions will achieve and maintain water quality standards. The third and final phase of implementation called for the development of Phase III WIPs which provide information on actions the jurisdictions intend to implement between 2019 and 2025 to meet the goals of the Chesapeake Bay TMDL. The seven jurisdictions released their final Phase III WIPs on August 23, 2019.
EPA Receives Final Phase III WIPs for Review (August 23, 2019) – Bay jurisdictions have submitted final Phase III Watershed Implementation Plans (WIPs) to EPA for review. The final WIPs include specific steps the jurisdictions intend to take through 2025 to meet Phase III planning targets for pollutant reduction agreed to by the Chesapeake Bay Program partners. The final WIPs are available for viewing on the jurisdictions’ websites, accessible through the link below.
EPA Evaluates Draft Phase III Watershed Implementation Plans (June 21, 2019) – EPA has released its evaluations of draft Phase III Watershed Implementation Plans (WIPs) from Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia to reduce nitrogen, phosphorus and sediment pollution to the Chesapeake Bay. As part of the implementation of the Chesapeake Bay TMDL, jurisdictions committed to develop WIPs that document how jurisdictions will achieve and maintain water quality standards. The third and final phase of implementation called for the development of Phase III WIPs which provide information on actions the jurisdictions intend to implement between 2019 and 2025 to meet the goals of the Chesapeake Bay TMDL. The seven jurisdictions released their draft Phase III WIPs on or before April 12, 2019. EPA is releasing an evaluation of these draft WIPs. The jurisdictions will provide final Phase III WIPs in August 2019.
EPA Receives Draft Phase III WIPs for Evaluation (April 15, 2019) – Bay jurisdictions have submitted draft Phase III Watershed Implementation Plans (WIPs) to EPA for evaluation. The plans are also available for public comment. The draft WIPs include specific steps the jurisdictions intend to take through 2025 to meet Phase III planning targets for pollutant reduction agreed to by the Chesapeake Bay Partnership. EPA will provide formal responses to the jurisdictions on June 21 and the jurisdictions will submit their final WIPs in August 2019. The draft WIPs are available for public comment on the jurisdictions’ websites, accessible through the link below.
EPA Assesses Midpoint Progress (July 27, 2018) – EPA has released its midpoint assessment of efforts by Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia to reduce nitrogen, phosphorus and sediment pollution to the Chesapeake Bay. The Chesapeake Bay Total Maximum Daily Load calls for having controls in place to achieve 60 percent of the needed reductions by 2017 as compared to 2009. The assessment found that the jurisdictions have made considerable progress in reducing pollution that is reflected in measurable ways, including record acreage Exitof underwater grasses and the highest estimates Exitof water quality standards attained in more than 30 years. While the 60 percent goals for reducing phosphorus and sediment as measured under the current suite of modeling tools were exceeded, the goal for reducing nitrogen was not met. The jurisdictions will have an opportunity to optimize their pollution control strategies moving forward.
Read the EPA final evaluations of 2016-2017 and 2018-2019 milestones
Expectations Set for Next Phase of Restoration (June 20, 2018) – EPA has sent letters to Pennsylvania, New York, Delaware, Maryland, Virginia, West Virginia, and the District of Columbia outlining what the agency expects to see in state and local implementation plans for the third phase of the Chesapeake Bay Total Maximum Daily Load (TMDL). The expectations were developed to support the goal of having all the practices and controls in place by 2025 to achieve the nutrient and sediment reductions necessary to meet water quality standards in the Bay and its tidal tributaries. They also build on the jurisdictions’ earlier Water Implementation Plan (WIP) strategies by:
- Further optimizing their choices of pollution reduction practices;
- Incorporating lessons learned from previous efforts, new science and information from the mid-point assessment;
- Developing comprehensive local engagement strategies; and
- Building and sustaining the necessary programmatic and funding capacity to achieve the 2025 goals.
EPA Provides Final Evaluations on Interim Progress (June 30, 2016) - EPA provided its final evaluations to the seven Chesapeake Bay jurisdictions on their interim progress toward meeting their 2016-2017 Milestones and Watershed Implementation Plan (WIP) goals. EPA also provided a final evaluation to the federal agencies of interim progress toward meeting their 2016-2017 milestones set forth under the Chesapeake Bay Executive Order 13508 strategy. These WIP goals and milestones outline steps the jurisdictions and federal agencies are taking to have all pollution control measures in place by 2025 to fully restore the Bay. By the end of 2017, practices should be in place to meet 60 percent of the necessary pollution reductions compared to 2009.
Read the EPA interim evaluations of 2016-2017 milestone progress.
EPA Provides Final Evaluations on Progress (June 17, 2016) - EPA provided its final evaluations to the seven Chesapeake Bay jurisdictions on their progress toward meeting their 2014-2015 Milestones and Watershed Implementation Plan (WIP) goals. EPA also provided a final evaluation to the federal agencies of progress toward meeting their 2014-2015 milestones set forth under the Chesapeake Bay Executive Order 13508 strategy. These WIP goals and milestones outline steps the jurisdictions and federal agencies are taking to have all pollution control measures in place by 2025 to fully restore the Bay. By 2017, practices should be in place to meet 60 percent of the necessary pollution reductions.
Read the EPA final evaluations of 2014-2015 milestone progress.
Steep Cuts in Wastewater Pollution Leading Way in Chesapeake Bay Restoration; Sector Meeting 2025 Pollution Limits 10 Years Early (June 14, 2016) - Upgrades and operational efficiencies at wastewater treatment plants throughout the Chesapeake Bay watershed have achieved steep reductions in nitrogen and phosphorus pollution, putting this sector at the forefront of Bay restoration. The wastewater sector has reduced nitrogen going to the Bay by 57 percent and phosphorus by 75 percent since 1985 and, for the first time, is effectively meeting its 2025 nutrient pollution limits in the landmark Chesapeake Bay TMDL, according to Chesapeake Bay Program analysis.
Read more about wastewater pollution reduction in the Chesapeake Bay watershed.
Supreme Court Declines to Hear Bay TMDL Challenge (February 29, 2016) - The U.S. Supreme Court has declined to hear a challenge to the Chesapeake Bay TMDL, letting stand a ruling by the 3rd U.S. Circuit Court of Appeals upholding the clean water plan. In a statement, EPA said, “We are pleased that the Supreme Court has declined to hear a legal challenge to the Chesapeake Bay TMDL. In doing so, the court has confirmed that EPA’s action is authorized by and consistent with the Clean Water Act. We can now continue to build on the progress made in restoring local waters and the Bay. While significant progress has been made, much more needs to be done and EPA remains committed to revitalizing this national treasure through the collaborative federal-state framework with the six Bay states and D.C.”
View the docket for the case on the U.S. Supreme Court website.
2016-2017 Milestones and 2014-2015 Milestone Progress Updates Submitted for Review (January 15, 2016) - EPA has received for review the 2016-2017 milestone commitments and 2014-2015 milestone progress updates submitted by Chesapeake Bay jurisdictions and federal agencies. The two-year milestones represent key check-in points on the way to having all pollution control measures needed to fully restore the Chesapeake Bay and its tidal rivers in place by 2025. EPA evaluations of the documents are expected to be completed by late spring.
View the Milestones and Progress Updates.
EPA Issues Reports on Maryland, Delaware and West Virginia Animal Agriculture Programs (August 31, 2015) - EPA announced it has completed evaluations of Maryland, Delaware and West Virginia animal agriculture programs - the final three of six such evaluations released this year. In March, EPA released its assessments of animal agriculture programs in New York, Pennsylvania and Virginia, the other three states in the Bay watershed. The District of Columbia does not have a similar program. EPA conducts periodic reviews of state programs as part of its oversight responsibilities under the Clean Water Act.
Read EPA's assessments of animal agriculture programs in the Chesapeake Bay Watershed.
Unanimous Federal Court Decision Upholds Chesapeake Bay TMDL (July 6, 2015) - The 3rd U.S. Circuit Court of Appeals has rejected a legal challenge to the Chesapeake Bay TMDL, ruling that EPA’s action is authorized by, and consistent with the Clean Water Act.
In a statement, EPA called the unanimous decision, which affirms a 2013 lower court ruling, “a victory for the 18 million people in the Chesapeake Bay watershed. We can all now as partners continue to build on the progress made in restoring local waters and the Bay. We remain committed to revitalizing this national treasure through the collaborative federal-state framework with the six Bay states and Washington, D.C.”
Read the July 6, 2015 Chesapeake Bay TMDL court decision.
EPA Provides Interim Evaluations on Progress (June 10, 2015) - EPA provided its interim assessments to the seven Chesapeake Bay jurisdictions on their progress toward meeting their 2014-2015 Milestones and Watershed Implementation Plan (WIP) goals.
EPA also provided an interim evaluation to the federal agencies of progress toward meeting their 2014-2015 milestones set forth under the Chesapeake Bay Executive Order 13508 strategy. These WIP goals and milestones outline steps the jurisdictions and federal agencies are taking to have all pollution control measures in place by 2025 to fully restore the Bay. By 2017, practices should be in place to meet 60 percent of the necessary pollution reductions.
Read the EPA interim evaluations of 2014-2015 milestone progress.
EPA Issues Reports on Animal Agriculture Programs (March 16, 2015) - EPA announced that it has completed evaluations of New York, Pennsylvania and Virginia's animal agriculture programs. EPA conducts periodic reviews of state programs as part of its oversight responsibilities under the Clean Water Act.
Read EPA's assessments of animal agriculture programs in the Chesapeake Bay Watershed.
Draft Management Strategies Available for Public Review (March 16, 2015) - Nine months after the signing of the Chesapeake Bay Watershed Agreement, the Chesapeake Bay Program is seeking public input on plans to achieve the goals and outcomes of that landmark accord. These 25 draft management strategies address the 31 outcomes of the Watershed Agreement. The draft management strategies also outline plans for implementation, monitoring and assessment of work toward the protection and restoration of the Chesapeake Bay and its watershed.
Read the press release on the Chesapeake Bay Program website.Exit
Experts Consider Chesapeake Bay an Ecosystem in Recovery (February 3, 2015) - The latest look at Chesapeake Bay health reveals an ecosystem in recovery. While the watershed continues to struggle against development, pollution and other challenges, a handful of the environmental indicators presented in Bay Barometer have shown signs of resilience. These resilient environmental indicators include American shad, striped bass and underwater grass abundance.
Read the news on the Chesapeake Bay Program website.Exit
EPA Credits States for Making Progress in Bay Cleanup; Says More Effort Needed to Get Back on Track for a Restored Bay (June 26, 2014) - EPA has released its evaluation of the Chesapeake Bay states and D.C.'s final 2012-2013 milestone progress reports and 2014-2015 milestone commitments as part of the Chesapeake Bay TMDL. EPA has also assessed support provided by federal agencies to assist the Bay states and D.C. to meet these commitments.
Read the news release from EPA Region III.
Judge Upholds Bay TMDL (September 13, 2013) - A federal judge has rejected a legal challenge to the Chesapeake Bay TMDL, ruling that "the framework established by the Bay Partnership in developing the Bay TMDL is consistent with "applicable law." Additionally, "EPA did not unlawfully infringe on the Bay states' rights" because the Clean Water Act "envisions a strong federal role for ensuring pollution reduction."
EPA called the ruling by U.S. Court Judge Sylvia H. Rambo "a victory for the 17 million people in the Chesapeake Bay watershed. We can all now as partners re-focus our work on achieving clean water goals, building on the progress already happening, and reaping the benefits of restoring local waters and the Bay. We remain committed and open to all input in revitalizing this national treasure."
Read the September 13, 2013 Chesapeake Bay TMDL court decision.