Rep. Elijah Cummings (Md.), Chairman of the Subcommittee on Coast Guard and Maritime Transportation, introduced legislation today to reenergize efforts to clean up the Chesapeake Bay. H.R. 3852, the Chesapeake Clean Water and Ecosystem Restoration Act of 2009, reaffirms the partnership between federal, state, and local governments with the goal of attacking contaminants and reducing pollutants that are damaging the Chesapeake Bay. The legislation expands available resources, legal authority under the Clean Water Act, accountability, and enforcement tools for restoring the health of the Chesapeake Bay.
“The Chesapeake Bay is an incomparable resource to the State of Maryland, the Mid-Atlantic region, and the entire nation. The population in the bay’s watershed is projected to experience significant growth in the coming years. Therefore, we must have better coordination in our efforts to clean up the Chesapeake, and bring a new commitment to environmental stewardship that is focused on achieving real results,” Cummings said. “H.R. 3852 provides the legal authorities that the Environmental Protection Agency and the states in the bay’s watershed need to take decisive action to restore the health of the Chesapeake Bay. Also, the legislation requires accountability for the achievement of incremental pollution reduction targets and ensures each of the bay-area states is meeting its commitments.”
In May, President Obama issued an Executive Order to empower the Environmental Protection Agency to set a more demanding timetable for reducing pollutants flowing into the Chesapeake Bay and to penalize states if they fail to meet established goals. A series of recent studies, known as the Section 202 Reports, showed that despite a 25-year effort, the bay’s water quality in 2008 is still “very poor.”
“The Section 202 Reports provide a stunning assessment: despite all the agreements, promises, best efforts, heart-felt slogans, and the expenditure of billions of dollars, we have failed to accomplish the shared objective of truly cleaning up the Chesapeake Bay,” said Cummings. “We know that nitrogen, phosphorus, and sediments flowing into the bay have destroyed its fragile ecosystem, and controlling and reducing these pollutants is absolutely essential if the Chesapeake is to thrive again. To ensure that the states can achieve equitable reductions in all of the sources of pollutants damaging the Chesapeake Bay, this legislation will compel states to utilize all of their authorities to address these pollutants.”
The Chesapeake Bay’s watershed covers more than 64,000 square miles in Maryland, Virginia, West Virginia, Delaware, Pennsylvania, New York and the District of Columbia.
“Water quality in many of the Chesapeake Bay’s tributaries and in the bay itself is severely degraded, and many of the bay’s fish and shellfish populations are below historic levels,” said Rep. James L. Oberstar (Minn.), Chairman of the Committee on Transportation and Infrastructure and original cosponsor of the legislation. “Improving the health of the Chesapeake requires specific, meaningful water quality protection measures. To accomplish this, we must encourage stronger partnerships between federal, state, and local governments, as well as public and private cooperative efforts.”
The legislation provides specific legal authority to establish, implement and assess measures to control ongoing pollution to the Chesapeake Bay, including those from municipal, agricultural, and industrial sources. Specifically, H.R. 3852:
• promotes cost-effective and equitable solutions to address ongoing sources of contamination to the bay watershed;
• requires EPA to complete its development of a total maximum daily amount of pollutants that can flow into the bay;
• requires states within the bay’s watershed to design and implement detailed plans outlining the steps that they will take to achieve the required reductions in pollutants;
• requires states to provide updates on the implementation of their plans every two years;
• requires EPA to impose penalties on those states that do not develop or implement their plans to reduce pollution levels;
• increases federal funding to support states’ overall implementation of the program; and
• provides billions of dollars to strengthen control of discharges from municipal storm sewer systems and agricultural sources.
Other original cosponsors of the bill include: Rep. Gerald Connolly (Va.), Rep. Chris Van Hollen (Md.), Rep. John Sarbanes (Md.), Rep. Jim Moran (Va.), Rep. Donna Edwards (Md.), Del. Eleanor Holmes Norton (D.C.), Rep. Robert Scott (Va.), Rep. Steny Hoyer (Md.) and Rep. Eddie Bernice Johnson, (Texas).
H.R. 3852, the Chesapeake Clean Water and Ecosystem Restoration Act of 2009
General Overview
• H.R. 3852 , the Chesapeake Clean Water and Ecosystem Restoration Act of 2009 amends the Clean Water Act to clearly define the roles and responsibilities of Federal, State, and local governments, and private stakeholders in achieving the equitable reductions of nitrogen, phosphorous, and sediment necessary to restore the health of the Chesapeake Bay.
Chesapeake Bay Total Maximum Daily Load (“TMDL”)
• This legislation codifies and accelerates the completion (December 2010) of a court-ordered “total maximum daily load” allocation for the Chesapeake Bay by the Environmental Protection Agency (EPA). A TMDL should be thought of as a pollution budget for the Bay that identifies the sources of nutrients and sediment, by major tributary, currently responsible for Bay impairment. When this budget is met, the health of the Bay will be restored.
Enhancing the Federal-State Partnership for Restoring the Health of the Bay
• H.R. 3852 builds upon the existing Federal-State partnership in restoring the health of the Bay by prompting States to take on more authority and responsibility in reducing pollution that emanates from their States. States will be given complete flexibility to develop watershed implementation plans that address sources of pollution within their borders, provided that plans provide “reasonable assurance” in meeting the pollution reduction targets called for in the TMDL.
Increased Accountability
• H.R. 3852 enhances the “accountability” for cleanup of the Bay by requiring States to provide EPA and the public with biennial progress reports on addressing ongoing sources of nitrogen, phosphorous, and sediment. States will be required to report both successes and failures in meeting “two-year benchmarks” for Bay restoration, as well as a clear plan for addressing any anticipated shortfall in meeting these targets over the next two year period.
Federal Backstop for Restoring the Health of the Chesapeake Bay
• The Chesapeake Clean Water and Ecosystem Restoration Act of 2009 directs the EPA Administrator to oversee progress in State watershed implementation plans, to approve initial State watershed plans and biennial reports to ensure that the plans are likely to restore the health of the Bay, and to impose sanctions on States that fail to make progress.
Equitable Targeting of Pollutants to the Chesapeake Bay
• The Chesapeake Bay is likely the most studied waterbody in the world. Over the past two decades, EPA and others have identified most of the major sources and respective contributions of pollution to the Bay. H.R. 3852 encourages States and local governments to develop watershed implementation plans to control or eliminate all sources of pollution in an equitable manner. For municipal stormwater, the legislation directs EPA to work with States and local governments to control stormwater runoff from development projects within the Bay watershed. For agricultural sources, the legislation encourages States to utilize existing authorities and funding to address ongoing agricultural point and nonpoint sources of pollution.
Increased Federal Resources for Chesapeake Bay Cleanup
• H.R. 3852 authorizes significant Federal resources, totaling $2.125 billion, to support State and local efforts to the cleanup of the Chesapeake Bay, as well as an additional $2.5 billion in Federal resources for implementation of nonpoint source management projects nationwide. Funding authorized under this legislation will help States, local governments, and agricultural interests defray the cost of implementation of pollutant reductions necessary to restore the health of the Bay.
Promoting Innovative and Market-Based Incentives to Restore the Health of the Bay
• H.R. 3852 establishes several innovative approaches to address ongoing sources of pollution to the Bay in a cost-effective manner, such as the promotion of low-impact development to reduce stormwater runoff and the creation of a Bay-wide nutrient trading program. For trading, this legislation encourages Bay-wide partnerships between municipal and agricultural interests for the implementation of cost-effective, upstream nutrient management controls that provide for necessary reductions in nutrients and sediment.
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