LEGISLATION TARGETS CHESAPEAKE WATER QUALITY
News Date November 03, 2009
Sen. Ben Cardin (D-MD) introduced legislation (S. 1816) that would dramatically expand the Environmental Protection Agency’s (EPA) authority under the Clean Water Act (CWA) to address water quality issues in the Chesapeake Bay. If passed, S. 1816 would give EPA sweeping authority to issue permits, require state action, and abrogate existing agriculture exemptions in the CWA. Earlier this year, President Obama signed an executive order calling on federal agencies to protect the Chesapeake Bay. As a result, EPA has begun targeting the area’s larger concentrated animal feeding operations (CAFOS), more strictly enforcing the new permitting rules.
Under the proposed legislation, EPA would establish Total Maximum Daily Loads (TMDL) for both point and nonpoint sources including atmospheric deposition, agricultural runoff, and storm water, which currently does not require a permit under CWA. EPA will prohibit any net increase in nitrogen, phosphorus, and sediment loads above allocated levels specified in TDML. Any new sources will require offsets at a margin of 2 to 1. The bill also authorizes states to issue permits “for any pollution source the Chesapeake Bay State determines necessary.”
The bill provides $80 million in federal implementation grants, of which 20% would go to help farmers and foresters implement conservation practices.
States directly impacted by the legislation include Maryland, Virginia, Pennsylvania, Delaware, New York, West Virginia and the District of Columbia. However, elements of this bill could be precedent-setting for future attempts to address water quality issues nationally. (By Ethan Mathews; Policy Contact: Nathan Bowen)