Toxic Contaminants Policy and Prevention
Continually improve practices and controls that reduce and prevent the effects of toxic contaminants below levels that harm aquatic systems and humans. Build on existing programs to reduce the amount and effects of polychlorinated biphenyls (PCBs) in the Bay and watershed. Use research findings to evaluate the implementation of additional policies, programs and practices for other contaminants that need to be further reduced or eliminated.
Progress
Recent Progress: No Change
In 2024, reported data for tidal waters in Delaware, Maryland, Virginia and the District of Columbia revealed that 80% of the Chesapeake Bay's tidal segments were fully or partially impaired by toxic contaminants. These contaminants may include polychlorinated biphenyls (PCBs), metals, priority organics, per- and polyfluoroalkyl substances (PFAS) and unknown toxics, often resulting from industrial activities, agricultural runoff and urban pollution. This is similar to the impairments reported in 2022, indicating no recent progress has been made in reducing toxic contaminants.
Outlook: Off Course
The Toxic Contaminants Policy and Prevention Outcome is off course. Since data reporting began in 2006, the percentage of fully or partially impaired waters under Section 303(d) of the Clean Water Act has risen from 66% to 80%. Since the Chesapeake Bay Watershed Agreement was signed in 2014, this number has fluctuated between 78% and 82%. Despite policies and ongoing practices aimed at reducing pollution, this trend highlights the persistent challenge of achieving the Toxic Contaminants Goal of observing no impairments, and underscores the need for enhanced strategies and interventions to effectively address this environmental issue.
Toxic Impairments in the Tidal Chesapeake Bay (2010-2024)
Percentage of tidal segments in Delaware, Maryland, Virginia and the District of Columbia with partial or full impairments due to chemical contaminants. Note: PFAS were not measured prior to 2020.
Toxic Impairments in the Tidal Chesapeake Bay (2024)
While chemical contamination is often characterized as a localized problem occurring in "hot spots” or “regions of concern,” toxic contaminants exceed state water quality criteria in at least part of each tidal tributary that delivers water to the Bay, as well as in the Bay’s mainstem. PCBs continue to be the most widespread, and were identified in 91% of impaired or partially impaired segments. Five segments were delisted from having a PCB impairment in 2024.
PFAS have also been recognized as a pollutant of emerging concern, and PFAS impairments are expected to be reported more often in the future. Data submitted by jurisdictions in 2020 were the first to include an assessment of PFAS and the identification of a PFAS-related impairment. In 2024, jurisdictions reported 21 PFAS listings.
Toxic contaminants pose significant risks to the survival, growth and reproduction of fish and wildlife and threaten human health when contaminated organisms are consumed. Increasing our understanding of toxic contaminants is critical to the development of effective policy and prevention approaches, while implementing management actions through state Total Maximum Daily Loads (TMDLs) is essential for achieving long-term reductions in toxic contamination levels.
Management Strategy
To achieve this outcome, Chesapeake Bay Program partners have committed to:
- Supporting programs that monitor the occurrence of PCBs.
- Supporting the development, evaluation and implementation of toxic contaminant Total Maximum Daily Loads (TMDLs).
- Compiling data for enhanced regulatory programs.
- Sharing jurisdiction guidance documents for the control and reduction of PCBs in regulated stormwater and wastewater.
- Developing guidance for tracking-down PCB sources.
- Coordinating voluntary programs to track current use sources of PCBs and phase out PCB-containing equipment.
- Improving the information available for reduction strategies.
As part of the Chesapeake Bay Program’s partnership-wide implementation of adaptive management, progress toward this outcome was reviewed and discussed by the Management Board in November 2024.
Logic & Action Plan
Chesapeake Bay Program partners have committed to taking a series of specific actions that will support the management approaches listed above.
Ongoing
- Supporting jurisdictional programs in monitoring PCB occurrences to evaluate the necessity for new TMDLs at the local level.
- Encouraging the use of innovative methods to enhance the identification and characterization of PCB sources.
- Identifying barriers and opportunities for consistency in laboratory methods concerning contaminated sites, wastewater, and both regulated and unregulated stormwater discharges.
- Applying data compilations, monitoring results, guidance documents, and other outputs from this management strategy to implement local TMDLs.
- Improving the ability to monitor the development and implementation progress of local TMDLs.
- Supporting the creation of systems to compile information that determines the need for additional monitoring requirements to aid TMDL development and implementation.
- Developing a desktop geographic information system tool to assist the EPA's Hazardous Site Cleanup Division in identifying potential on-land contamination sources in the region.
- Working with the Hazardous Site Cleanup Division and Toxic Contaminants Workgroup to assess sites and identify industries or processes that used PCBs, enabling Superfund, Brownfields, and Resource Conservation and Recovery Act programs to better allocate resources for site identification and investigation.
- Collaborating with the National Pollutant Discharge Elimination System Permits Branch to ensure permits align with local TMDLs and PCB Wasteload Allocations, making them clear and enforceable.
- Operating through the EPA Land and Chemicals Toxics Program to ensure adherence to Toxic Substances Control Act regulations concerning PCBs.
- Investigating the development of a voluntary program to reduce fluorescent light ballasts and other PCB-containing equipment.
- Supporting research on cost-effective tools for tracing PCB contaminant sources and provide municipalities with a platform to share lessons learned.
Recently Completed
2024
- Engaged in a pilot project for an Advance Restoration Plan (ARP) on Delaware’s section of the C&D canal. The pilot results will be converted into an ARP guidance/template document for other jurisdictions to use when deciding the role of ARPs in achieving water quality standards.
2023
- Updated the PCB story map, illustrating the extent of PCB impairments, areas with existing TMDLs, those with TMDLs under development, and areas without current or planned TMDLs. This map aids the partnership in discussing and developing strategic directions.
Participating Partners
The Water Quality Goal Implementation Team leads the effort to achieve this outcome.
Participating partners include:
- Delaware Department of Natural Resources and Environmental Control (State of Delaware)
- Maryland Department of the Environment (State of Maryland)
- Maryland Department of Natural Resources (State of Maryland)
- New York Department of Environmental Conservation (State of New York)
- Pennsylvania Department of Environmental Protection (Commonwealth of Pennsylvania)
- Virginia Department of Environmental Quality (Commonwealth of Virginia)
- West Virginia Department of Environmental Protection (State of West Virginia)
- Department of Energy and Environment (District of Columbia)
- Chesapeake Bay Commission
- National Oceanic and Atmospheric Administration
- U.S. Department of Homeland Security
- U.S. Environmental Protection Agency
- U.S. Fish and Wildlife Service
- U.S. Geological Survey