Pennsylvania’s Mandatory 'Pollution Diet'

The Clean Water Act (CWA) establishes an overarching environmental goal that requires all waters of the United States be “fishable” and “swimmable.” To ensure that these goals are met, the CWA requires states and the District of Columbia to establish water quality standards and polices that are protective of those uses. Under the CWA, states, territories, and authorized tribes are required to develop lists of impaired waters that do not meet the Environmental Protection Agency’s (EPA) water quality standards. Jurisdictions that have waterways designated as impaired must create a Total Maximum Daily Load (TMDL), which is essentially a “pollution diet” that identifies the maximum amount of a pollutant the waterway can receive, and still meet EPA water quality standards. This article first explores the voluntary efforts made by states within the Chesapeake Bay (Bay) watershed to restore the quality of the Bay’s waters. Next, the article discusses Fowler v. EPA and Executive Order 13508, which resulted in a federal TMDL for the Bay watershed. Further, the article discusses the TMDL accountability framework and Pennsylvania’s implementation plan required under the TMDL framework. Finally, the article discusses the current status of Pennsylvania’s implementation plan.