President Obama's Executive Order on Chesapeake Bay Restoration and Protection

On May 12, 2009 President Obama signed Executive Order 13508 on Chesapeake Bay Protection and Restoration, establishing a very strong federal initiative to restore water quality of the Chesapeake Bay and a more aggressive regulatory role for EPA. EPA has released its draft section 202 Report, "The Next Generation of Tools & Actions to Restore Water Quality in the Chesapeake Bay." The Report sets out an ambitious program for establishing a Total Maximum Daily Load (TMDL) for the Bay by December 2010 in which EPA will provide targets for nitrogen and phosphorus limits for each major river basin. EPA intends to use its legal authority to require that draft or final discharge permits ensure that the pollution load allocations will meet the Bay wide TMDLs and to object to State permits that do not further that goal. While many of these controls will impact other activities, such as waste water treatment plants and concentrated animal feeding operations, EPA is also considering rulemaking affecting development, particularly for stormwater.

Go to the EPA website on the Chesapeake Bay for copies of the Section 202(a) Draft Report, Maryland's Department of Natural Resources comment, and more information on this water quality initiative. http://executiveorder.chesapeakebay.net/default.aspx

EPA CONTACT:
Bonnie Piper, Liaison to Environmental Organizations, EPA
202 564-7836
piper.bonnie@epa.gov

National NAIOP is coordinating comments from the three NAIOP chapters in the MD/VA Bay region for submission to EPA. The comment period opens November 9. Anyone interested in assisting in this effort should contact Barbara Wilkins at 410-263-0349 or barbara.wilkins@hklaw.com with their comments