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Let’s Celebrate Some Progress on Infrastructure Investment

For decades, politicians, advocates, and the press have lamented America's aging, deteriorating, or even failing infrastructure and called for change – usually to little avail. Perhaps another strategy should be to celebrate success wherever we see it and spotlight achievements to demonstrate that we can change the situation if we choose key public investments over apathy and short-sighted budget cuts. Just a few weeks ago, residents and advocates in the Chesapeake Bay region heard one such infrastructure success story.

In mid-June, Shawn Garvin, the Mid-Atlantic regional administrator of the U.S. Environmental Protection Agency (EPA), stood beside George Hawkins, CEO of DC Water, and other officials at the Blue Plains wastewater treatment plant to applaud the completion of the plant's upgrade with more than a billion of dollars' worth of advanced pollution control technology, making it the largest advanced wastewater treatment plant in the world. Garvin also referenced a new EPA analysis showing that the wastewater sector for the Bay region as a whole had met its final 2025 nitrogen and phosphorus reduction goals of the Chesapeake Bay restoration framework, known as the Bay TMDL (short for "Total Maximum Daily Load") a full 10 years early.

Given that this story appears to be an outlier in an otherwise dreary outlook for America's transportation and water infrastructure and pretty much the lone success story for restoration of the Chesapeake Bay, it might be worth a closer examination of how we got here and what lessons might be available to other jurisdictions.

The completion of the Blue Plains wastewater plant upgrade was the result, in part, of over $100 million in grant funding from Maryland and its Bay Restoration Fund, as the plant serves over a million customers in Maryland. The Maryland General Assembly created the Bay Restoration Fund in 2004 with significant bipartisan support. Backed by a $2.50 monthly fee on most households (later increased to $5 per household in 2012), this minor water bill surcharge has generated roughly $1 billion, more than three quarters of which is used to ensure that each of the 67 major, publicly owned wastewater treatment plants in the state are upgraded with advanced nutrient removal technology. Today, three-quarters of these plants (and a handful of smaller ones) have been upgraded, with the remaining plants expected to be updated in the next two years. 

This infrastructure investment decision is not only almost singlehandedly responsible for allowing the state to remain on pace with its interim nutrient reduction requirements under the Bay TMDL, it has also pumped $1 billion dollars into the local economy, creating and sustaining hundreds of high-paying design, engineering, and construction jobs. These capital projects don't create the widgets and gizmos that we consume and throw away, but are instead are the exact type of investments in infrastructure that last for generations and produce benefits right now for our health and our environment.

An analysis of EPA water pollution discharge data reported by wastewater plants shows that Maryland is now among the national leaders, both in terms of the number of plants discharging at enhanced nutrient removal levels (defined as a nitrogen effluent below 3.0 milligrams per liter) and in terms of the fleet-wide average nitrogen effluent levels, behind only Florida in each case.

In fact, the median nitrogen effluent level of a major wastewater facility in Maryland is roughly two-thirds lower than for the nation as a whole. And the Bay TMDL likely has something to do with this: Each of the seven Chesapeake Bay watershed jurisdictions, with the exception of New York, are well below the national average nitrogen pollution level, with Delaware, the District of Columbia, and Virginia joining Maryland near the top of the list.

In the Bay watershed as a whole, nitrogen pollution from the wastewater sector has fallen by more than half since 1985, even as the population has increased by millions, and has fallen by almost a third just since 2009. And nitrogen pollution from wastewater will continue to fall significantly in the coming years as Bay states, and Maryland in particular, continue to upgrade additional plants.

As dangerous algal blooms and dead zones again infect our coastlines, estuaries, lakes, and streams, we are reminded of just how important it is to upgrade and modernize our nation's wastewater infrastructure. The experience in Maryland and other Bay states is a success story that needs to be told and an infrastructure investment model that needs to be exported and replicated throughout the United States.

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Evan Isaacson | July 5, 2016

Let’s Celebrate Some Progress on Infrastructure Investment

For decades, politicians, advocates, and the press have lamented America's aging, deteriorating, or even failing infrastructure and called for change – usually to little avail. Perhaps another strategy should be to celebrate success wherever we see it and spotlight achievements to demonstrate that we can change the situation if we choose key public investments over […]

Brian Gumm | June 30, 2016

New Report: When OSHA Gives Discounts on Danger, Workers Are Put at Risk

NEWS RELEASE: New Report: When OSHA Gives Discounts on Danger, Workers Are Put at Risk As Agency Prepares to Increase Maximum Penalty Levels for Workplace Health and Safety Violations, It Should Reexamine Settlement Policy Workplace health and safety standards exist for a reason. When companies ignore them, they put their workers in significant danger. Every year, […]

Robert L. Glicksman | June 28, 2016

Memo to the Next President: End the Era of Government Bashing

The most important lessons can be the hardest to learn. Sometimes they even take a crisis. We can hope that the sorry saga of Flint, Michigan’s lead-poisoned water will be such a teachable moment for at least some of the anti-government crowd, finally driving home the point that government has a vital role in protecting […]

Hannah Wiseman | June 22, 2016

Federal District Court: Feds May Not Regulate Fracking on Federal Lands

In a merits opinion issued on June 21, 2016, the U.S. District Court for the District of Wyoming (Judge Skavdahl) held that the U.S. Bureau of Land Management–the agency tasked with protecting and preserving federal lands for multiple uses by the public–lacks the authority to regulate hydraulic fracturing (“fracking”) on federally-owned and managed lands. Using a Chevron step 1 […]

Daniel Farber | June 21, 2016

Statutory Standing After the Spokeo Decision

One of the recurring questions in standing law is the extent to which Congress can change the application of the standing doctrine. A recent Supreme Court opinion in a non-environmental case sheds some light – not a lot, but some – on this recurring question. The Court has made it clear that there is a […]

Mollie Rosenzweig | June 20, 2016

Do Revisions to Nation’s Toxic Chemical Law Represent Reform?

Earlier this month, revisions to the Toxic Substances Control Act (TSCA) cleared the Senate and now await President Obama’s signature. TSCA’s failure to provide EPA with meaningful authority to protect Americans from toxic chemicals was widely recognized, yet the path to revising the law was fraught with controversy. The chemical industry and public health and […]

| June 17, 2016

EPA Releases 2016 Assessments for Chesapeake Bay States

This morning, the U.S. Environmental Protection Agency (EPA) released its annual assessments of progress made by the seven jurisdictions in the Chesapeake Bay watershed. The bottom line: nothing has really changed in terms of the content or tone from the previous annual assessments, and they do not appear to reflect a shift in strategy by […]

James Goodwin | June 14, 2016

Latest House Anti-Regulatory Package Is Beyond Stale

This afternoon, Speaker Paul Ryan is scheduled to announce the House majority’s latest plan to weaken the U.S. system of regulatory safeguards on which all Americans depend. The following is Center for Progressive Reform Senior Policy Analyst James Goodwin’s reaction to this plan:  Speaker Ryan and his anti-regulatory apostles in the House would have you […]

Robert L. Glicksman | June 10, 2016

Navigating the Clean Water Act

Originally published by the George Washington Law Review The Supreme Court held in U.S. Army Corps of Engineers v. Hawkes Co.1 that a determination by the United States Army Corps of Engineers (“Corps”) that the owners of land used for peat mining were obliged to apply to the Corps for a permit under the Clean […]