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New EPA Evaluation Shows Pennsylvania Made New Funding Commitments To Clean Up Chesapeake Bay Watershed, But Did Not Meet 2023 Cleanup Targets

On August 14, the US Environmental Protection Agency released the its evaluation of the Chesapeake Bay jurisdictions’ 2022-23 milestones, noting that although most of the Bay states are behind, they are catching up to meet the 2025 water quality restoration goals and 2023 saw new significant successes at the state level that will improve the restoration trajectory.

EPA's evaluation of Pennsylvania's Chesapeake Bay Program found a renewed financial commitment to cleaning up the watershed in the allocation of federal American Rescue Plan and Bipartisan Infrastructure Act funding to water quality improvement projects and an additional $50 million recurring investment made in the 2024-25 state budget.

However, EPA said, "According to the data provided by Pennsylvania for the 2023 progress run, Pennsylvania did not achieve its statewide 2023 targets for nitrogen, phosphorus, or sediment. These targets include adjustments for 2025 climate change "

Pennsylvania achieved 58% of the sediment reduction goal, 50% of the phosphorus and 29% of the nitrogen. 90% is considered on track.

"Enforcement, engagement, investments and accountability - these efforts have helped us accelerate progress across the Bay and in all sectors - especially agriculture," said EPA Mid-Atlantic Regional Administrator Adam Ortiz. "The dedication of all our partners working together is paying off and making a difference in the Bay watershed."

Agriculture

"Pennsylvania is predominantly relying on agriculture BMP implementation to meet its 2025 targets based on its amended Phase III WIP.

"Pennsylvania continues to make incremental progress toward its goals, but the current pace of implementation is not on track to meet its statewide nutrient and sediment targets.

"EPA expects Pennsylvania to accelerate BMP implementation in the agricultural sector."

Urban/Suburban Stormwater

While EPA noted progress in addressing stormwater issues by hiring regional watershed forestry specialists, revising Chapter 102 Erosion and Sedimentation inspection procedures, providing additional training and forming a stakeholder group to revise the MS4 General Stormwater Permit, EPA said the 2022-23 milestones were not met.

EPA said DEP is working on a revised Stormwater BMP Manual and has offered its assistance in completing DEP's review of Total Maximum Daily Load Plans for 2018 MS4 permittees.

Wastewater Plants

Wastewater treatment plants continue to be the bright spot in Pennsylvania's Chesapeake Bay Program with EPA noting they have achieved all their 2022-23 milestones.

Other Strengths/Weaknesses

EPA said Pennsylvania took additional steps to make Nutrient Credit Trading more robust by developing a new Nutrient Trading Tool, publishing a draft Nutrient Trading Policy and implementing 2:1 and 3:1 uncertainty ratios of credits.

Click Here to read EPA's evaluation of Pennsylvania's Chesapeake Bay Program.

Click Here to read the complete announcement. Click Here to read all of EPA’s evaluations.

Reaction

Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued the following statement:

“While tremendous progress has been made, these evaluation reports demonstrate we still have a long way to go. As climate change, development, and population growth make finishing the job harder, we must be direct about the challenges ahead.

“The immediate next step is clear. This December, the Chesapeake Bay’s six governors and federal leaders must recommit to working together and pledge to update the Chesapeake Bay Agreement by the end of 2025, including a new timeline for water quality goals that should be measured in years, not decades.

“Chesapeake Bay restoration is an international model built on the world’s best science. And it’s working. By continuing to follow the latest science and build upon our collective experiences, together we can ensure a thriving Chesapeake Bay ecosystem for all.”

Chesapeake Bay Foundation Pennsylvania Executive Director Julia Krall said:

“This latest evaluation is a reminder that Pennsylvania has a lot of work to do to meet its clean water targets. But progress being made and greater commitments by the Commonwealth are reasons for optimism that there will be cleaner local rivers and streams.

“To meet goals, most pollution reductions need to come from agriculture, and these historic investments in the ACAP cost-share will lead to more soil and water conservation practices on family farms.

The Clean Streams Fund addresses urban/suburban stormwater runoff, agriculture, and acid mine drainage, the top three sources of stream impairment in Pennsylvania.

“It is also significant that Gov. Josh Shapiro reaffirmed this summer that the Commonwealth plans to continue its clean water work for the long haul-- ‘We’re not talking about fixing the Bay anymore, we are fixing the Bay, and we are making sure Pennsylvania does its fair share,’ the governor said, adding that, ‘You have my commitment that this work will continue. Pennsylvania is all in’.”

This December, the Chesapeake Executive Council is scheduled to meet.

The Council is comprised of governors of Pennsylvania, Virginia, Maryland, Delaware, West Virginia, and New York, the mayor of Washington, D.C., the EPA Administrator, and the chair of the Chesapeake Bay Commission.

The Chesapeake Bay watershed spans across all of these jurisdictions, and cooperative partnership is essential to meeting these goals.

CBF is calling for the following actions at the December meeting--

-- Attendance in person by each of the Executive Council members, including all six Bay watershed governors and the EPA Administrator;

-- A formal recommitment to maintaining the Bay restoration partnership, as well as meeting the pollution-reduction and other restoration goals already agreed to by Executive Council members; and,

-- A commitment by the Executive Council to update the Chesapeake Bay Watershed Agreement by the end of 2025 to address challenges identified by the latest science.

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. Click Here to sign up for regular updates on Pennsylvania’s progress.

How Clean Is Your Stream?

The draft 2024 report has an interactive report viewer that allows you to zoom in to your own address to see if the streams near you are impaired and why.

Click Here to check out your streams. Click Here for a tutorial on using the viewer.

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