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                                                                                             Updated July 8, 2016

Restoring Chesapeake Bay's Water Quality: Where It Stands


Since 2009, the Chesapeake Bay jurisdictions (New York,
Pennsylvania, Delaware, Maryland, Virginia, West
Virginia, and the District of Columbia) have made progress
in reducing pollutants that impair the quality of Bay waters.
However, further reductions are needed in order to reach
water quality goals established for the Bay by 2025.
Basinwide, nitrogen loadings to Bay waters will need to be
reduced an additional 20.4% from levels measured in 2015,
phosphorus loadings will need to be reduced an additional
5.8%, and sediment loadings will need to be reduced an
additional 8.6% by 2025.


Despite several decades of activity by governments, the
private sector, and the general public, efforts to improve
and protect the Chesapeake Bay watershed have been
insufficient to meet restoration goals. Although some
specific indicators of Bay health have improved slightly or
remained steady recently (such as blue crab populations and
underwater bay grasses), others remain at low levels of
improvement, especially water quality. Scientists conclude
that overall, the Bay and its tributaries remain in poor
health, with polluted water, reduced populations of fish and
shellfish, and continued degradation of habitat and
resources. The primary pollutants causing impairments are
excess nutrients (nitrogen and phosphorus) and sediment
discharged from multiple urban, suburban, and rural
sources around the Bay. Agriculture is the principal source
of these pollutants. Reducing pollution is critical to
restoring the watershed, because clean water is the
foundation for healthy fisheries, habitats, and communities
across the region.

In May 2009, President Obama issued an executive order
that declared the Bay watershed a national treasure and
charged the federal government with developing a new
strategy for protecting and restoring the Chesapeake region.
A central feature of the strategy was development of a Total
Maximum Daily Load (TMDL) for Chesapeake Bay by the
Environmental Protection Agency (EPA). A TMDL is a
pollution budget, containing a scientific calculation of how
much pollutant loadings need to be reduced to achieve
state-established water quality standards. (For background,
see CRS Report R42752, Clean Water Act and Pollutant
Total Maximum Daily Loads (TMDLs).)

The Chesapeake Bay TMDL is the largest single TMDL
developed to date. It addresses all segments of the 64,000-
square-mile Bay watershed, including tidal tributaries.
Nitrogen and phosphorus are considered the main
contributors to poor water quality because, in excess
amounts, they spur algae blooms, which block sunlight
critical to underwater grasses that support crabs, fish, and
waterfowl. When the algae die, they sink to the bottom and
decompose in a process that depletes the water of oxygen,


creating so-called dead zones, which are harmful to aquatic
life. Sediment also depletes water of oxygen. To implement
the TMDL, the Bay jurisdictions created state-specific plans
called Watershed Implementation Plans, or WIPs. The
WIPs provide detailed plans of specific pollutant reductions
required of sectors such as agriculture and wastewater
treatment. The WIPs track progress toward achieving two
goals established in the TMDL-an interim goal of having
60% of cleanup practices and policies needed to attain
water quality standards in place by 2017 and 100% of
practices and policies in place by 2025. Each jurisdiction
also established interim, two-year cleanup goals called
milestones. The two-year milestones and progress reports
are intended to be critical tools for holding the states and
the federal government publicly accountable. WIPs provide
states with flexibility to determine the mix of specific
controls they deem appropriate to meet the overall
reduction goals. The TMDL also embodies an adaptive
management framework that allows states to modify their
strategies to achieve reductions in the most efficient way.

The Chesapeake Bay TMDL has been controversial with a
number of groups over concerns about implementation
costs and fear that it will hamper economic growth.
Challenges to the TMDL were brought by agricultural and
home builder groups, who argued that EPA had exceeded
its authority and impinged on the responsibilities of states
to manage water quality. Federal courts rejected the
challenges and upheld the TMDL.


In June 2016, EPA provided evaluations of the
jurisdictions' progress towards meeting their sector-specific
2014-2015 milestones and progress toward the 2017 and
2025 goals. EPA compared 2015 measured loads with 2009
levels, the year before the TMDL began. (EPA's
evaluations are available at https://www.epa.gov/
chesapeake-bay-tmdl/epa-oversight-watershed-
implementation-plans-wips-and-milestones-chesapeake-
bay.) For each jurisdiction, EPA evaluated these sectors:
agriculture, urban/suburban stormwater, wastewater and
combined sewer overflows (CSOs), onsite septic systems,
and forestry.

In 2015, for the Chesapeake Bay basin as a whole,
phosphorus loading was down 20%, nitrogen loading was
down 7%, and sediment loading was down 7%, compared
with 2009. However, reductions of specific pollutants in
individual jurisdictions varied widely (see Figure 1).
Collectively, the Bay jurisdictions are on track to meet the
watershed-wide 2017 targets for phosphorus and sediment,
but not nitrogen. While the goal is to achieve 60% of the
load reduction by 2017, nitrogen is currently projected to be
at only 46% of the 2017 targeted reduction. Looking toward
the 2025 goal, EPA made the following assessments.


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