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Phosphorus in the Chesapeake:

An Overview on Nutrient Pollution in the Chesapeake Bay and
Efforts to Limit Phosphorus Runoff in the Watershed

Kathleen Daley
Neil Saunders
1 May 2015

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Foreword
In 1940, H.L. Mencken, writing in his book Happy Days, said this about the Chesapeake Bay:

Baltimore lay very near the immense protein factory of Chesapeake Bay, and out of
the bay it ate divinely. I well recall the time when prime hard crabs of the channel
species, blue in color, at least eight inches in length along the shell, and with snowwhite meat almost as firm as soap, were hawked in Hollins Street of Summer
mornings at ten cents a dozen.
Unfortunately, 75 years later, this 'immense protein factory' is in a sad state. The protein factory
has moved ashore, and is now dedicated to producing millions of chickens for a few billiondollar food companies.
This winter I have had the opportunity to underwrite the research of a couple of young
environmental activists. Neil Saunders is an attorney, recently graduated from American
University Law School, with a strong interest in environmental issues. Katie Daley majored in
environmental studies at Dickinson College.
Before Neil and Katie were born, the Clean Water Act was passed, the Chesapeake Bay Program
was established, and the non-profit Chesapeake Bay Foundation started. However, all this
activity, spanning more than 30 years, has not succeeded in cleaning up the Bay, or bringing the
pollution of the Bay under control. Maryland's recent effort to implement some new Phosphorus
Management Tool (PMT) regulations to restrict Phosphorus flowing in the watershed from farm
fields is the most recent example where money and ideology have trumped the health of the bay.
Neil, Katie and I decided to take these PMT regulations as a catalyst for some in-depth research.
Our goal is to provide some background about phosphorus, it's impact on the Bay, and the history
of various regulatory efforts to clean up the Bay. This research has culminated in their paper:
Phosphorus in the Chesapeake, and we hope that it will help people understand the need for the

PMT.
With the recent election of Republican Hogan in MD, the story continues. We are closely
tracking what is happening in Annapolis, and Neil attended the hearings on the legislation and
regulation. The PMT regulations, and other aspects of the pollution story continue to evolve.
Most recently there has been discussion about sediment behind the Conowingo dam.
One thing we have learned is that pollution in the Chesapeake is a complicated subject. It is
complicated by science that may not be well understood, and inability to precisely measure the
pollutants in all parts of the bay. Money and politics just add more complexity to the story.
We plan to continue our research, will be posting updates on the website,
BeyondtheBayBlog.com. And we will update this paper as things change, and we do more
research. We specifically plan to look at the different models used for measuring Phosphorus,
and Virginia's progress in curbing agricultural pollution.
Gary Greenwood
President
G2 Associates, Inc.

I.

Introduction
The Chesapeake Bay is the largest estuary in the United States and second largest

in the world. The Bay is home to numerous species of plant and wildlife. In terms of
economic benefit, the Bay is estimated to account for approximately $107 billion in
annual value. Yet in spite of its significance, the Bay has been plagued by decades of
environmental decline, which has caused serious risk to the biological integrity of its
waters. Efforts to address this decline over the years have achieved little in terms of
tangible improvements to the water quality of the Bay, and continued inaction threatens
to have permanent consequences.
Excessive nutrient pollution of nitrogen and phosphorus, and sediment runoff, are
the main causes for the poor water quality of the Chesapeake Bay. Phosphorus, one of the
leading pollutants plaguing the Chesapeake Bay, has generally been more difficult to
regulate. While nitrogen enters the watershed from various sources, many of which can
be controlled through permitting requirements under federal and state National Pollutant
Discharge Elimination System (NPDES) regulations under the Clean Water Act,
phosphorus primarily comes from agricultural activities, which are more difficult to
regulate from a legal standpoint under federal law and from a political one under state or
local laws. Without an adequate framework for controlling the levels of phosphorus
entering the Bay, environmental efforts to improve the Bay will continue to lag.
The purpose of this paper is to provide an overview on the issues surrounding
nutrient pollution in the Bay watershed, with a particular focus on phosphorus. The paper
highlights the need for strong state regulations on phosphorus in the agriculture industry.
The first part looks at phosphorus, including where it is found, how it interacts with
hydrological ecosystems, and emerging concerns with phosphorus pollution in local
watersheds. The second part explains nutrient pollution and how it is damaging the water
quality of the Bay. This part examines the impacts of nitrogen and phosphorus pollution
and specifically the impacts to the Chesapeake Bay. It then analyzes the contribution of
phosphorus pollution by the agricultural community and in Maryland.

The third part of the paper outlines the historical efforts to improve the water
quality of the Bay through the Chesapeake Bay Agreements and why these efforts have
largely failed. The fourth part explains the Chesapeake Bay Total Maximum Daily Load
and how its regulatory framework is designed to provide an enforceable effort to clean
the Bay. This part also explains how agriculture remains difficult to regulate under the
Clean Water Act, and why a strong regulatory framework at the state level is needed. The
fifth part outlines the recently proposed phosphorus regulations in Maryland and the steps
to get those regulations implemented.
Endnotes are included with each section. References are included with the final
section of this paper.