Region 3

Alexa A. Cole
Bailey Law Group
Washington, D.C.
Federal – US EPA Region 3

The 2000 State of Bay Report, released by the Chesapeake Bay Foundation in September, found little change in the overall health of the Chesapeake Bay, although there were improvements in some areas, including in habitat restoration and shad populations. The Report considers 13 factors in its analysis: oysters, shad, underwater grasses, wetlands, forested buffers, toxics, water clarity, dissolved oxygen, crabs, striped bass (rockfish), resource lands, phosphorus, and nitrogen. The Report also gives the Chesapeake a score on a scale of 1 to 100. Its score for 2000 is 28, the same as last year’s.

Source: Coastlines, December 2000, http://www.epa.gov/owow/estuaries/coastlines/dec00/chesapeake.html/.

On November 27, 2000, the U.S. Environmental Protection Agency approved Pennsylvania’s plan to name 149 additional miles as exceptional value streams. Exceptional value streams are afforded the highest level of protection under the Clean Water Act. Pennsylvania has a three-tier anti-degradation program which "ensures: 1) the use of state waters for fishing, swimming and boating are protected; 2) state waters identified as high quality are evaluated before discharges are allowed to lower water quality; and 3) citizens can nominate state waters as exceptional value waters and receive absolute protection from reduced water quality." According to EPA’s Regional Administrator, Pennsylvania’s program is one of the best in the Mid-Atlantic region.

Source: November 27, 2000, U.S. Environmental Protection Agency, Region 3, Press Releases, http://yosemite.epa.gov/r3/press.nsf/

States

Maryland

The Maryland Department of the Environment, Water Management Administration adopted the amended stormwater management regulations (COMAR 26.17.02) and the 2000 Stormwater Design Manual, Volumes I and II (COMAR 26.17.02.01-1). The effective date is October 2, 2000.

Source: http://www.mde.state.md.us/

On November 29, 2000, the Maryland Department of the Environment’s Board of Public Works approved an additional $300,000 for biological nutrient removal modifications to the Havre de Grace Wastewater Treatment Plant. This is good news for the Chesapeake and its tributaries – this grant "will move us closer to the Chesapeake Bay Agreement goal of a 40 percent reduction in nutrients," according to Lt. Governor Kathleen Kennedy Townsend.

Source: November 29, 2000, News Release, Maryland Department of the Environment, http://www.mde.state.md.us/press/nr_mde-001129_3.html/

Pennsylvania

On December 15, 2000, Pennsylvania marked the first anniversary of "Growing Greener" – an innovative environmental initiative investing nearly $650 million in Pennsylvania’s environment over five years. Governor Ridge’s 2000-01 budget, passed by the General Assembly in May 2000, included $135 million to fund Growing Greener’s second year. According to the Department of Environmental Protection news release, the Growing Greener grants provide more than $42 million to support watershed clean-up activities. This money is divided between groups and organizations for watershed restoration, protection and education; contracts to plug abandoned oil and gas wells, and reclaim abandoned mines; conservation districts to support 45 watershed specialist positions; and the prevention of runoff from farms in the Susquehanna River Basin.

Source: December 1, 2000, News Release, Department of Environmental Protection, Commonwealth of Pennsylvania, http://www.dep.state.pa.us/newsreleases/

On December 13, 2000, the Department of Environmental Protection announced approval of a watershed restoration project in Elk and McKean Counties under the Environmental Good Samaritan Act. The Good Samaritan Act Act was signed into law at the same time as the Growing Greener initiative. The Act is a part of the Reclaim PA program designed to reclaim Pennsylvania’s abandoned mines and to improve watersheds through volunteer mine operator and Department efforts. The Act encourages landowners and volunteer groups to perform reclamation or water treatment projects by limiting their exposure to civil and environmental liability. For example, once coverage under the Act is granted by the Department, the "participants are not responsible for injuries or damage to workers or others in the project area; pollution caused by the project; or operation, maintenance or repair of any water treatment system." The Elk and McKean Counties project Good Samaritan coverage applies to a "passive treatment system to clean up abandoned mine drainage in Gumboot Run."

Source; December 13, 2000, News Release, Department of Environmental Protection, Commonwealth of Pennsylvania, http://www.dep.state.pa.us/newsreleases/

On November 15, 2000, the Pennsylvania Infrastructure Investment Authority ("PENNVEST") approved $44.9 million in low-interest loans and $12.9 million in grants for 38 drinking water, wastewater and stormwater projects to serve communities in 26 counties. According to the Department of Environmental Protection’s news release "the state funding approved at today’s board meeting ranges from $144,490 to help design a wastewater system to … $6 million to undertake major renovations in the water system in the City of Erie." These funds are expected to make a number of financially prohibitive projects a more affordable reality. The grants were provided under Governor Ridge’s "Growing Greener" initiative.

Source: November 15, 2000 News Release, Department of Environmental Protection, Commonwealth of Pennsylvania, http://www.dep.state.pa.us/newsreleases/

Virginia

The Virginia Department of Conservation and Recreation is reporting that two of Virginia’s streams, the Potomac and Shenandoah rivers, will exceed their nonpoint reduction goals this year. Virginia’s nutrient reduction strategy requires "3.47 million pounds of nitrogen reductions and 560,000 pounds of phosphorus reductions from ‘nonpoint’ sources, such as runoff from farmlands and city streets." The state currently estimated that it has kept 3.6 millions pounds of nitrogen and 620,000 pounds of phosphorous out of the rivers this year. Although these numbers are good news for Virginia’s waters, the state will not be able to meet its full cleanup goal for rivers this year because grades at point sources will likely not be completed until 2002. Because of Virginia’s role in the Chesapeake Bay Program, these nutrient control actions are likely only the beginning of the state’s nutrient control efforts. The Bay Program is supposed to set new nutrient reduction goals by the end of 2001 aimed at cleaning up the Chesapeake Bay by the end of the decade. Despite nutrient control efforts by Virginia, on a Bay-wide front, computer modeling suggests that the Bay states will miss their goals for nitrogen and phosphorus and will fall short of the nitrogen goal in all major basins. The nitrogen goal is not expected to be met until 2003 when a number of wastewater treatment plant upgrades are scheduled to be completed. By that time, the Bay Program’s new nutrient reduction goals should be in place.

Source: Bay Journal, December 2000, Volume 10 – Number 9, www.bayjournal.com/00-12/vatribs.htm/.

West Virginia

West Virginia’s Division of Environmental Protection has published its Listing of Waters Proposed for TMDL Development in 2001, pursuant to the Clean Water Act, § 303(d) and the U.S. EPA Water Quality Planning and Management Regulations, 40 CRF Part 130.7. According to the Public Notice, the streams that have been listed were "chosen from West Virginia’s 1998 303(d) list and are being proposed for TMDL development in 2001."

Source: Public Notice, West Virginia Division of Environmental Protection, Office of Water Resources. For information or comment, contact: Jessica Welsh, (304) 558-2108, jwelsh@mail.dep.state.wv.us.