LimnoTech
The Chesapeake Bay EPA accountability and performance policy will require State partners to be accountable and provide assurance for the reductions required in the TMDL.
Chesapeake Bay Policy May Become National Model
In response to a settlement agreement with the Chesapeake Bay Foundation (CBF), EPA developed a Total Maximum Daily Load (TMDL) for the Chesapeake Bay (see Chesapeake Bay TMDL). As part of the TMDL development, EPA required six states and the District of Columbia to develop phased Watershed Implementation Plans (WIPs) to accompany the TMDL. The WIPs are intended to hold the State partners accountable for meeting load reductions established by EPA by 2017 and 2025. EPA also required the WIPs to provide “reasonable assurance” for reductions in nonpoint source loads—an action that was taken outside regulation. The requirements in the WIPs will be transferred from the states down to regulated dischargers, such as wastewater treatment plants, municipal separate storm sewer systems (MS4s), combined animal feeding operations (CAFOs), and unregulated nonpoint sources, such as agriculture.
EPA has indicated that it will pursue federal consequences or “backstops” (see Expectations Letter) if states fail to adequately implement the WIPs. These actions could include assigning more stringent reductions to regulated dischargers, objecting to State-issued NPDES permits, limiting or prohibiting new or expanded discharges of nutrients and sediment, or withholding, conditioning, or reallocating federal grant funds. Presently, EPA is updating the computer models that were used to calculate the TMDLs and load reductions in the WIPs. The model updates are needed to address missing information and scale issues that were highlighted during the development of the TMDL. Ensuring the accuracy and understanding the limitations of these updates will be important as the States prepare their Phase II WIPs and work with affected parties.
LimnoTech is working for regulated parties and agriculture to ensure that the information that States and EPA are using accurately represents our clients’ pollutant loads and provides credit for actions they are taking to reduce loads. We are also working with our clients to ensure that timing, cost and flexibility issues with implementation of the WIPs are identified and addressed.
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