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Most Chesapeake Bay Watershed States Submit Cleanup Plans; A First Look at Virginia’s

Yesterday was the deadline for Bay states and the District of Columbia to submit their final Phase I Watershed Implementation Plans (WIP). These WIPs are roadmaps that describe how Bay jurisdictions will meet their pollutant reduction obligations under the Bay TMDL. Delaware, the District of Columbia, Pennsylvania, Virginia, and West Virginia submitted their plans by the deadline, while Maryland expects to submit in the coming days. New York, which has taken a position essentially in opposition to the Bay TMDL, has not said when it plans to submit its WIP. 

As the plans are made public, CPR will evaluate the plans based on metrics that we developed, and publish a report card. In the meantime, we’ll provide a look at some of the highlights and lowlights in the plans. Today, Virginia:

  • Significant improvement, but still lacking specific funding commitments. Virginia’s final WIP is a significant improvement from its draft WIP because it provides more concrete details regarding Chesapeake Bay-specific pollution reduction programs. However, it still does not provide estimates of resources needed and resources available to implement its programs. Without funding estimates, Virginia’s plan may never get off the ground. 
  • Increased detail on nutrient trading program. The draft WIP focused heavily on nutrient trading to allow sources to meet their allocations, but failed to provide detail on how trading would be monitored for effectiveness. The final WIP still relies on trading and provides a specific timeline for the introduction of legislation to expand the program. It also provides concrete examples of how trades would work and what reductions are available for trading. CPR has previously raised concerns about the effectiveness of trading.
  • Lacking baseline enforcement information. One of the purposes of the WIPs is to provide data on current enforcement performance, something from which future improvements and progress on enforcement can be measured. The final WIP still does not contain basic enforcement information for each sector covered by National Pollution Discharge Elimination System (NPDES) permits. For example, the final WIP does not state the number of physical, on-site inspections for wastewater facilities, nor does it list enforcement resources to cover permitted facilities. For CAFOs, the WIP does include data on the total number of enforcement actions in FY 2010, and it's quite interesting, showing only one formal enforcement action—of an estimated 116 CAFOs—for a total penalty of $6,500. If indeed only one of the 116 CAFOs was out of compliance, that would be, of course, rather astounding.
  • Specific identification of program gaps. The process of writing the WIPs gives states the opportunity to assess their resources and capacity to achieve pollutant reductions. In the final WIP, Virginia clearly identifies gaps in its programs, such as the number of small animal feeding operations that fall below the regulatory threshold. Virginia also identifies some contingency measures to fill these gaps but recognizes the lack of funding as an overarching obstacle. 

In the coming weeks, EPA will determine whether it intends to implement backstop measures to shore up the weaknesses in Virginia’s plans. Virginia’s plan has come a long way but still falls short of a concrete roadmap for achieving the pollutant reductions needed to restore the Bay.

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Yee Huang | November 30, 2010

Most Chesapeake Bay Watershed States Submit Cleanup Plans; A First Look at Virginia’s

Yesterday was the deadline for Bay states and the District of Columbia to submit their final Phase I Watershed Implementation Plans (WIP). These WIPs are roadmaps that describe how Bay jurisdictions will meet their pollutant reduction obligations under the Bay TMDL. Delaware, the District of Columbia, Pennsylvania, Virginia, and West Virginia submitted their plans by the deadline, […]

Holly Doremus | November 24, 2010

CEQ Finalizes Guidance for Categorical Exclusions

Cross-posted from Legal Planet. The White House Council on Environmental Quality has issued the first of three expected final guidance documents for federal agencies implementing the National Environmental Policy Act. This one, which covers the use of categorical exclusions, is an excellent start. NEPA is the “look before you leap” environmental law. It requires that […]

Ben Somberg | November 19, 2010

Coal Ash Comments Submitted: Get Serious, Please

“In order for CBA cost benefit analysis to be workable, regulators need to have a relatively restricted range of possibilities.” That’s what OIRA Administrator Cass Sunstein wrote in a 2007 book. So how about from $82 billion to negative $251 billion, a third of a trillion dollars – is that a relatively restricted range? Those […]

Ben Somberg | November 19, 2010

Jacob Lew Confirmed as Director of OMB

Senator Mary Landrieu released her hold on the nomination of Jacob Lew for Director of the Office of Management and Budget, and the Senate confirmed Lew by voice vote Thursday evening. Back when Lew had his confirmation hearings, CPR President Rena Steinzor wrote here about the challenges Lew will face on the regulatory front (“OMB […]

Victor Flatt | November 17, 2010

Welcome Clarity and Few Surprises in EPA’s Guidance on Greenhouse Gas Permitting

Last week the EPA released its “PSD and Title V Permitting Guidance For Greenhouse Gases.” This Guidance was designed to give the states direction in how to implement permitting requirements for new sources for other criteria pollutants that also produce greenhouse gases on January 2, 2011, and new sources of greenhouse gases following in May, 2011, […]

Rena Steinzor | November 17, 2010

War on Regulation Coming to the States? Why IPI’s Plan For Centralized Regulatory Review Isn’t What We Need

One of the most powerful sleights of hand achieved by Republicans during the last election cycle was their renewed declaration of war on regulation. It’s no secret which of their interest groups are most passionate about this aspect of their agenda. Tuesday’s LATimes previewed a plan by the Chamber of Commerce, to be announced today, to further […]

Ben Somberg | November 15, 2010

EPA Moves Forward With Numeric Nutrient Criteria for Florida Waters; Plan Will Begin in 15 Months

The EPA announced this morning that it has finalized numeric nutrient criteria for Florida waters — specific limits on the amounts of nutrient pollutants allowed in the state’s water bodies. These criteria will in turn limit discharges by point and non-point sources. Currently, nutrient limits are set only by “narrative” water quality standards — which […]

James Goodwin | November 11, 2010

The Goose, the Gander, and an OIRA Checklist

Late last month, the White House Office of Information and Regulatory Affairs (OIRA) posted on its website a document called Agency Checklist: Regulatory Impact Analysis, which, according to the document, is intended to assist federal regulatory agencies with Executive Order 12866-required cost-benefit analyses (CBAs). Such analyses have become a standard, if fatally flawed, stage in the […]

Matt Shudtz | November 10, 2010

OSHA’s High Hazard Industries – a Look at Some Data

Every year, OSHA mails a letter to about 15,000 employers who run high-hazard worksites, warning them that their most recent annual injury and illness rates were well above average. According to OSHA, For every 100 full-time workers, the 15,000 employers had 4.5 or more injuries or illnesses which resulted in days away from work, restricted work […]