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Federal Agencies Release Draft Reports On Chesapeake Bay Cleanup, CBF Reaction
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Federal agencies this week released the seven draft reports required by President Obama’s executive order on the Chesapeake Bay, which contain a range of proposed strategies for accelerating cleanup of the nation’s largest estuary and its vast watershed.

Chesapeake Bay Foundation
 President William C. Baker commended the U.S. Environmental Protection Agency's "bold intentions" in its report which stress accountability and specific action rather than just setting goals. However, CBF will be reviewing each of the reports carefully and plans to offer more specific comments.

The draft reports collectively call for increased accountability and performance from pollution control, habitat protection and land conservation programs at all levels of government, including an expanded use of regulatory authorities to address pollution control and additional voluntary and market-based solutions – particularly when it comes to habitat protection and land conservation programs.

Federal agencies are also proposing new ways to harness the latest innovations in science and technology. The proposed actions are in response to overwhelming scientific evidence that the health of the Chesapeake Bay remains exceptionally poor, despite the concerted restoration efforts of the past 25 years.

“Communities in the Chesapeake Bay watershed expect and deserve rivers and streams that are healthy and thriving,” said U.S. Environmental Protection Agency Administrator Lisa P. Jackson, chairperson of the Federal Leadership Committee and the federal representative to the Chesapeake Executive Council. “We need bold new leadership, collective accountability by all contributors to the bay’s problems, and dramatic changes in policies using all the tools at hand if we are to fulfill President Obama’s goal for clean water throughout the region. These reports bring us a step closer to achieving the vision we all share for the future of the Chesapeake Bay.”

The draft reports are the first step in the creation of a new strategy for restoring and protecting the Chesapeake Bay and waterways in the region, as defined by the executive order.

The reports include a variety of strategies and options for addressing issues such as water quality, public access, landscape conservation, climate change, scientific monitoring and the protection of living resources.

On May 12, President Obama issued Executive Order 13508 on Chesapeake Bay Restoration and Protection, the first-ever presidential directive on the bay and the first environmental executive order by President Obama. The order established a Federal Leadership Committee, chaired by EPA, and with senior representatives from the departments of Agriculture, Commerce, Defense, Homeland Security, Interior and Transportation.

During the past 120 days, 10 federal agencies collaborated to develop the draft reports. The recommendations in the reports were shaped by consultations with the six states in the Chesapeake Bay watershed and the District of Columbia, as well as suggestions from stakeholders and the public. Successful restoration of the Chesapeake Bay depends on the involvement of federal, state and local governments; the private sector; nonprofit organizations; and the watershed’s 17 million residents. The draft reports were released to engage the public in the process outlined in the executive order.

The draft report on water quality includes some of the more significant potential changes to existing programs. In this report, EPA proposes to develop new regulations for the Chesapeake Bay to significantly reduce runoff pollution from urban, suburban and agricultural sources.

The report also relays EPA’s intention to hold the states in the watershed more accountable for controlling pollution, through increased oversight, enforcement activities and new policies. Urban and suburban runoff pollution is the fastest growing source of pollution to the Chesapeake Bay, while agricultural runoff is the largest.

During the next 60 days, the Federal Leadership Committee will evaluate the proposals in the draft reports and consult with bay jurisdictions to refine the recommendations for meeting key challenges to the Chesapeake Bay’s health.

On November 9, the Federal Leadership Committee will release a draft strategy that integrates the seven reports. Release of a draft strategy and revised reports will initiate a 60-day public comment period that concludes in early 2010.

A final strategy will be completed by May 12, 2010. However, the agencies will be moving forward in a number of areas before the strategy becomes final.

“We have an urgent obligation to citizens of today and generations of tomorrow to restore the Chesapeake Bay and its watershed, and this executive order puts new weight behind our work,” Jackson said. “We’re moving quickly and transparently on a comprehensive strategy that will get real results for the bay.”

CBF Reaction

Chesapeake Bay Foundation
 President William C. Baker released this statement on the reports:
"For more than 20 years, we have been subject to false promises and broken commitments from federal and state governments with regard to cleaning up local streams and rivers and the Chesapeake Bay.

"On May 12th, President Obama signed an Executive Order requiring EPA and five of his cabinet agencies to report on what more they can do to promote clean water in this region. We welcomed and applauded his initiative.

"Obviously, we haven't yet spent much time analyzing the seven draft reports that were just released this afternoon and so can only offer our initial reactions. We are most interested in the report written by the Environmental Protection Agency, which has primary responsibility to implement the Clean Water Act.

"First, we acknowledge and strongly commend EPA's bold intentions as outlined in this report. It appears that Administrator Jackson's EPA is finally ready to take on an ambitious agenda to reduce water pollution in our region. Unlike past documents that focused on goals, this one focuses almost entirely on actions. EPA is announcing its intent to require the states to do more to implement the Clean Water Act, to expand the reach of its own regulatory programs, and to work closely with USDA and other agencies to better target financial and technical resources. It says it wants to hold itself and the states accountable for progress. Its suggestions for accomplishing this are positive, but weak and need strengthening.

"These intentions are consistent with what the 226,000 members of the Chesapeake Bay Foundation have been advocating though our lawsuit, our public statements, and our correspondence with EPA. If EPA were to achieve everything it suggests that it will do in this report, it would help a great deal to clean up the water in the Bay and throughout this region.

"In a couple of cases, the EPA's approach to certain kinds of pollution cry out for strengthening. For example, the report's suggestions with regard to airborne pollution are woefully inadequate, virtually ignoring the growing recognition of air emission problems from coal-fired power plants, truck and automobile emissions, and manure. Other sources of pollution are acknowledged to remain completely outside of EPA's regulatory reach.

"We are encouraged to see that EPA has expressly stated its intent to pursue some actions "as soon as possible" and prior to the completion of the overall federal strategy. The Executive Order expressly states that "agencies may begin implementing core elements of restoration and protection programs and strategies as soon as possible." We concur that EPA should not sit and wait. What is still missing are clearly identified bold, specific, and measurable pollution reductions EPA will pursue today. Whether it is the proposed wastewater pollution discharge permit for the Merck pharmaceutical company which threatens Virginia's Shenandoah River; or the Sparrows Point steel mill site in Maryland, which continues to contaminate recreational waters; or the series of unchecked gas drilling permits in Pennsylvania, which threaten the health of trout streams and high-value wetlands; EPA has the opportunity to step forward now, to exercise federal leadership now, to start changing the status quo now.

"We will be reading the other six reports with interest over the next few days, and are looking forward to similarly bold intentions with regard to resource targeting, habitat and living resources, climate change mitigation, federal facilities, and research and monitoring.

"Finally, we note that Senator Ben Cardin has circulated a discussion draft of legislation to revise and strengthen the Clean Water Act for the Chesapeake Bay watershed. Such legislation is essential to support and make permanent EPA's new initiatives, as well as fill in some gaps in EPA's ability to really deliver pollution reductions. We know that President Obama and Administrator Jackson are serious, but even if they were to achieve everything that they're setting out to do, they won't be here forever. We look forward to working closely with Senator Cardin and other Senators and members of the House to achieve passage of strong, permanent legislation during this Congress.

"Restoring clean water to the Chesapeake Bay and the streams and rivers of its watershed is a massive undertaking that will take strong commitment and strong action in the face of significant opposition. Today's reports line up the edge pieces of the jigsaw puzzle. The question yet to be answered is whether government will put together all the right pieces in the middle to complete the clean water picture for all the citizens of our region. If not our economy will suffer, human health will remain at risk, and the world's greatest estuary will die."
EPA Issues Warning On Chesapeake Bay Pollution
EPA Vows To Be Chesapeake Watchdog

9/14/2009

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