On April 18, the U.S. Environmental Protection Agency announced its evaluation of Pennsylvania’s updated plan to address pollution reduction goals in its portion of the Chesapeake Bay watershed found the plan falls short of meeting those goals largely due to the lack of resources provided by the state.

Approximately 25,000 miles of streams in the state – more than the Earth’s circumference – are considered unsuitable for fishing, recreation or other uses.  [Read more here.]

Pennsylvania’s draft amended Phase III Watershed Implementation Plan (WIP) meets 70 percent of its nitrogen reduction target – 9.7 million pounds short, and 93 percent of the sediment target, the EPA evaluation found.

“The draft amended Phase III WIP did not demonstrate how Pennsylvania plans to achieve the additional 1.81 million pounds of nitrogen and 95,000 pounds of phosphorus by 2025 related to climate change conditions as expected by the Principals’ Staff Committee.” 

Much of this is attributed to uncontrolled manure runoff into streams, although there are other contributing pollution sources. 

“Pennsylvania has made noteworthy progress in recent years and key partnerships are in place,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “State agencies, counties, farmers, partners and nonprofits are on board and have put in a tremendous effort. What’s missing are improved manure control policies and dependable state funding for agriculture cost-share programs for farmers. These are measures other states have had for a long time.”

Pennsylvania will now have 90 days to submit an improved final plan that meets its targets. 

Click Here to read EPA full evaluation.

EPA To Take Actions

Starting this week, EPA said it will be taking stronger actions statewide to promote clean-up progress, such as increased agriculture and municipal stormwater inspections, increased permit oversight, heightened enforcement actions and a redirection of certain federal funds to ensure they are spent more efficiently in Pennsylvania.

EPA identified these potential federal actions in its evaluation--

-- Expand National Pollutant Discharge Elimination System (NPDES) permit coverage: For example, using residual designation authority to increase the number of sources, operations, or communities regulated by the NPDES permit program;

-- Further expanding EPA review of draft permits in the Bay watershed and objecting to permits that do not meet the requirements of the Clean Water Act (including NPDES effluent limits that are not consistent with the Chesapeake Bay Total Maximum Daily Load (TMDL) wasteload allocations (WLAs));

-- Require net improvement offsets that do more than merely replace the anticipated new or increased loadings;

-- Establish finer-scale WLAs and load allocations (LAs);

-- Requiring additional reductions from point sources by revising the Chesapeake Bay TMDL to

reallocate load reductions from nonpoint to point sources such as wastewater treatment plants;

-- Further increasing and targeting federal enforcement and compliance assurance in the watershed, including both air and water sources of nitrogen, phosphorus, and sediment;

-- Further conditioning or redirecting EPA grants and incorporating criteria into future Requests for Proposals based on demonstrated progress in meeting WIPs or in an effort to yield higher nitrogen, phosphorus, or sediment load reductions;

-- Promulgating federal standards where the jurisdiction’s water quality standards (WQS) do not contain criteria that protect designated uses locally or downstream.

“Enhanced inspections and enforcement are a last resort, but that is where we are. Governor Wolf and legislative leaders have key proposals on the table in Harrisburg that would make a big difference,” said Ortiz, “We may live in different states in this region, but the rivers are shared by all, and each needs to do their part.”

Reaction

Sen. Gene Yaw (R-Lycoming), Majority Chair of the Senate Environmental Resources and Energy Committee, released this statement April 19 in response to EPA review of Pennsylvania's Chesapeake Bay cleanup plan--

“It is disappointing that Pennsylvania continues to fall short of its obligations to our downstream neighbors.  More importantly, if we are not sending clean water downstream, it means we don’t have clean water here at home. 

“As noted today by EPA, one-third of Pennsylvania’s own streams and rivers do not meet water quality standards.  EPA’s intent to apply consequences statewide for the Chesapeake Bay shortfall, instead of just in the Bay watershed, recognizes that we need to take a hard look at how Pennsylvania prioritizes our own water resources.

"I am proud to sponsor two legislative initiatives mentioned in the EPA evaluation:  comprehensive fertilizer legislation (SB 251) and establishment of a new Agricultural Conservation Assistance Program (ACAP)  (SB 465). 

“Additionally, a new Clean Streams Fund (SB 832) sponsored by me, Senator Dan Laughlin (District 49) and my Chesapeake Bay Commission colleague Senator Scott Martin (District 13), would provide funding for ACAP and other programmatic enhancements recommended in the evaluation. 

“I look forward to working with our legislative colleagues and the governor to finally get these bills over the finish line this year.”

Following EPA’s announcement, Harry Campbell, Chesapeake Bay Foundation’s Pennsylvania Science Policy and Advocacy Director, issued this statement--

“We appreciate EPA recognizing that Pennsylvania’s plan is insufficient. This is a step in the right direction. However, until the plan is made sufficient and adequate funding is identified, there will be no reasonable assurance of success.

“EPA must continue to provide oversight and accountability to ensure the Commonwealth acts. Additional federal and state investments are crucial.

“The Commonwealth’s proposed Clean Streams Fund legislation would create a statewide farm conservation cost-share program called the Agricultural Conservation Assistance Program (ACAP), help municipalities reduce polluted stormwater, and restore streams damaged by acid mine drainage, among other vital things.  [Read more about PA bills here.]

“If passed, Pennsylvania’s legislature will begin to close the funding gap and move us closer to bringing clean water to the Commonwealth’s rivers and streams. Our economy, health, heritage, and quality of life depend on it.”

More Information

Visit EPA’s Chesapeake Bay Evaluations webpage for more information.

Visit DEP’s Chesapeake Bay Watershed webpage to learn more about cleaning up rivers and streams in Pennsylvania's portion of the Chesapeake Bay Watershed.

How Clean Is Your Stream?

Check DEP’s 2022 Water Quality Report to find out how clean streams are near you.

NewsClips:

-- Bay Journal: EPA Says PA’s Plan To Clean Up Its Portion Of Chesapeake Bay Watershed Still Comes Up Short - By Karl Blankenship

-- Post-Gazette - Laura Legere: EPA: Expect ‘Tough Love’ After PA’s Chesapeake Bay Pollution Reduction Plan Falls Short Again

-- WITF: PA’s Plan Fails To Meet Goal For Reducing Pollution In Chesapeake Bay; EPA Will Take Stronger Actions To Curb Water Pollution

-- PennLive - Charles Thompson: EPA Is Coming For PA Over Lagging Returns In Chesapeake Bay Restoration Efforts

Related Articles:

-- Delaware Currents: For Every 10 Miles Of Streams In PA’s Part Of The Delaware River Watershed, 4 Don’t Meet Water Quality Standards

-- Two Bipartisan Bills Just Sitting In Senate Waiting To Address Record Number Of Water Quality Impaired Streams Reported In 2022

-- Growing Greener Coalition: Action Needed On Bipartisan Growing Greener III Proposals To Address Critical Water Quality, Recreation, Green Infrastructure Needs

-- Gov. Wolf Proposes $450 Million Growing Greener III Initiative Funded By Federal American Rescue Plan; Bipartisan Support Building For Conservation Allocation

-- CBF: If PA Does Not Meet Its Obligations To Cleanup Its Water Pollution, The Chesapeake Bay Will Never Be Safe; CBF Will Not Back Off Lawsuit

[Posted: April 18, 2022]

4/25/2022