A proposed settlement agreement says Pennsylvania will be forced to minimize its outsized role in polluting the Chesapeake Bay.
The so-called “pollution diet” sets limits in the Chesapeake for nitrogen and phosphorous, as well as sediment. The nutrient pollution often comes from agricultural fertilizer and livestock waste. It stimulates excessive algae growth that can create low-oxygen dead zones where aquatic animals and plants are unable to survive — bad news for Maryland’s crab industry, oyster harvests and more.
However, the agreement avoids asserting a broader definition of the EPA’s oversight role under the Clean Water Act, saying the parties disagree on whether it’s “mandatory or discretionary.” While the litigation was ongoing, Pennsylvania officials took steps to improve their implementation of a pollution reduction plan and obtain adequate funding. Last year, state lawmakers approved $154 million in pandemic-relief funding for a program that would help farmers implement more sustainable practices and prevent nutrients from entering the watershed.
The Chesapeake Bay Clean Water Blueprint, a plan established in 2010 to reduce pollution, has already faced significant challenges and slow progress. In a report earlier this year monitoring the bay’s health, the foundation said polluted runoff was increasing amid inconsistent enforcement from government agencies, new development and climate change, which is causing stronger rainstorms that produce more polluted runoff.
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