When the Chesapeake Bay Watershed Agreement was developed, it established goals and outcomes for restoring the Chesapeake Bay, its tributaries, and surrounding lands. As part of its water quality initiative, the Chesapeake Bay Program (CBP) created Watershed Implementation Plans – 2025 to ensure all practices and controls are installed by 2025 to achieve the Bay’s water quality standards in accordance with the Chesapeake Bay Total Maximum Daily Load (TMDL).

However, two lawsuits were brought against the U.S. Environmental Protection Agency (EPA) regarding its oversight of Pennsylvania’s implementation of the Chesapeake Bay TMDL and the CBP’s water quality goals. After combining the lawsuits, a settlement agreement that resolved the issues among all parties was finalized in July 2023.

As a result of the agreement, which ends April 30, 2027, EPA will take backstop measures that directly affect National Pollutant Discharge Elimination System (NPDES) permittees in Pennsylvania, specifically impacting those in Tier I and Tier II counties. NPDES-permitted sources affected by these changes include concentrated animal feeding operations, MS4s, and other NPDES-permitted facilities.

Discover how RETTEW can help you prepare for and comply with these changes. Contact Kara Kalupson, RLA, CPMSM, Senior MS4 Coordinator, or call 717-431-3706.