Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
EPA EVALUATION OF NEW YORK'S 2020-2021 and 2022-2023 MILESTONES
Executive Summary
The Chesapeake Bay Program (CBP) partnership established the goal to have all practices and
controls in place by 2025 that were necessary to meet applicable water quality standards in the
Chesapeake Bay (Bay) and its tidal tributaries ("2025 Target"). The seven jurisdictions
(Delaware, the District of Columbia, Maryland, New York, Pennsylvania, Virginia, and West
Virginia) in the CBP partnership agreed to develop and implement a framework for holding
each partner accountable for reducing nitrogen, phosphorus, and sediment loads to meet water
quality standards in the Bay and its tidal tributaries. Part of the U.S. Environmental Protection
Agency's (EPA's) role in the CBP partnership's accountability framework is to evaluate and
report each jurisdiction's progress toward meeting this goal every two years.
In that role, EPA has evaluated New York's progress toward attaining the goal of having
practices in place by 2025. This evaluation includes an assessment of progress toward attaining
nutrient and sediment goals at the state and state-basin level and progress toward meeting sector-
specific programmatic commitments for the 2020-2021 milestone period. This evaluation also
provides an assessment of sector-specific programmatic and numeric commitments (e.g., Best
Management Practices or BMP implementation targets) for the 2022-2023 milestone period and
the status of the relevant water quality monitoring trends.
In reviewing New York's final progress for the 2020-2021 milestones, the 2021 numeric
progress, and the draft 2022-2023 milestone commitments, EPA identified sector-by-sector
strengths as well as areas of enhancement in the two-year milestones progress and commitments.
According to the data provided by New York for the 2021 progress run, New York did not
achieve its statewide 2021 targets for nitrogen, phosphorus, and sediment. EPA stands ready to
assist New York with finalizing and implementing its 2022-2023 two-year milestone
commitments.
Some notable strengths identified in this evaluation of the 2020-2021 milestones and the draft
2022-2023 milestones for New York include:
Obtained additional funding for agriculture implementation through the National Fish &
Wildlife Foundation (NFWF) Small Watershed Implementation Nutrient Management
Proposal and the NFWF Small Watershed Grants (SWG) grant funding to focus on stream
corridor restoration efforts.
Developed a new database to track and verify construction stormwater BMPs. The database
was completed and used for 2021 BMP progress submissions.
Initiated permit modifications for significant facilities to include water quality-based effluent
limitations consistent with the assumptions and requirements of the wasteload allocations in
the TMDL. The number of permit modifications will be reported on an annual basis.
Reconstruction of the Binghampton-Johnston City wastewater treatment plant was
completed. A final permit for the facility was issued in July 2020.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Some key areas that EPA expects New York address in the final 2022-2023 milestone
submission include:
Revise agriculture BMP implementation data to better represent what implementation is
current and what implementation is being reported as legacy.
Continue to analyze wastewater trends to determine if changes in wastewater flow are due to
measurable growth or due to wet weather and impacts of stormwater inflow and groundwater
infiltration using the two-year milestones.
Continue to monitor U.S. Geological Survey (USGS) gauging station at Towanda, PA to
determine if nutrient loads are increasing significantly.
Detailed Evaluation of Overall Load Reductions and Source Sectors
Load Reduction Review
When evaluating 2020-2021 milestone implementation, EPA compared nutrient and sediment
loads simulated using the Chesapeake Assessment Scenario Tool 2019 (CAST-19), which is part
of the 6.0 suite of the CBP partnership's modeling tools and wastewater discharge data reported
by New York, to the statewide and state-basin Phase III WIP planning targets.
According to the data provided by New York for the 2021 progress run1, New York did not
achieve its 2021 nitrogen, phosphorus or sediment targets for the Susquehanna basin.
In 2020, the Principals' Staff Committee (PSC) updated the loads for nitrogen and phosphorus to
account for climate change conditions through 2025 and issued a directive that by 2022 all
jurisdictions would account for the additional nutrient loads due to 2025 climate change
conditions in the existing 2019 Phase III WIP, a Phase III WIP addendum, or in the two-year
milestones. Table 1 shows 2009 and 2021 progress based on CAST-19, and the 2025 target for
nutrients and sediment in New York. In addition, the table identifies the additional nutrient loads
for New York associated with 2025 climate change conditions. The final column estimates the
reductions needed to meet the 2025 target which includes the additional loads from climate. New
York, and all the jurisdictions, would begin to address the additional nutrient loads from climate
change conditions during the 2022-2023 milestone period.
1 Each year, jurisdictions in the CBP partnership report on the BMPs installed, tracked and verified and the pollutant
load reductions from wastewater treatment plants. Using the Chesapeake Assessment Scenario Tool, this
information (or "annual progress runs") provides an estimate of how much nitrogen, phosphorus and sediment has
been reduced.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 1. Loads and Goals for New York based on CAST-19. In the 2022-2023 milestones
jurisdictions will begin to account for the additional loads associated with 2025 climate change
conditions.
Pollutant
2009
Progress
Loads
(M lbs/year)
2021
Progress
Loads
(M lbs/year)
2025 Target
(M lbs/year)
Additional
Loads to
Account for
2025 Climate
Conditions
(M lbs/year)
Remaining reductions
needed to meet 2025
and Climate
Conditions starting
with 2022-2023
milestones
(M lbs/year)2
Nitrogen
14.42
12.61
11.80
0.399
1.213
Phosphorus
0.739
0.539
0.476
0.044
0.107
Sediment
699
664
533
N/A
131
New York developed specific BMP implementation targets for the 2020-2021 and 2022-2023
milestones for those practices identified in New York's Phase III WIP that account for the
majority of the nitrogen reductions. Table 2 provides a summary of the 2009 progress and 2021
progress using CAST-19, the 2022-2023 commitments, and the 2025 goals for these BMPs. The
summary progress from the CBP partnership's modeling tools for 2009 and 2021 incorporate
BMP credit duration. The CBP partnership decided to remove reported BMPs from the model
simulation at the end of their established lifespans unless verified by the state as inspected and
continuing to function as designed. New York is expected to provide programmatic milestones to
support these BMP implementation targets. In the sector-specific sections below, EPA provides
its evaluation of these programmatic milestones and the connection to increased implementation.
2 Calculated as (2021 Progress) minus (2025 target) plus (climate change load). Any discrepancies in the math are
associated with rounding within the table, the last column reflects the actual total prior to rounding. Jurisdictions to
begin to address the additional nutrient loads from climate change conditions in their 2022-2023 milestones and
EPA will begin evaluating whether jurisdictions are meeting the additional climate change load when evaluating
2022 progress.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 2. Progress and Targets for BMPs from New York's Phase III WIP that account for the
majority of the nitrogen reductions.
BMP3
2009
Progress
2021 Progress
2022-2023
Milestone Target
2025 WIP
Target
Animal Waste
Management Systems
(Livestock) (animal
units)
31,529
93,651
2022-102,372
2023- 117,544
89,012
Soil Conservation and
Water Quality Plans
(acres)
42,058
189,076
2022-250,000
2023- 262,794
301,176
Bi oretenti on/raingarden
s (acres treated)
None
reported4
1
None identified
53,133
Infiltration Practices
(acres treated)
None
reported
8
None identified
53,133
Forest Harvesting
Practices (acres)
None
reported
732
None identified
37,956
Looking Forward for Future Reviews of Progress
The CBP partnership updates its suite of modeling tools with the latest scientific data and
information every two years, following partnership-approved methodologies and procedures.
The latest update to CAST, CAST 2021, resulted in increased nitrogen loads that would need to
be addressed in order to meet the 2025 water quality goals. Jurisdictions have been expected to
account for these additional nitrogen loads in future two-year milestones, and we encourage each
jurisdiction to plan to address these additional loads as soon as practicable. EPA recognizes that
the application of CAST 2021 does increase the level of effort for most of the jurisdictions and
will continue to provide technical assistance and other resources to support milestone planning
and implementation efforts.
3 BMP levels are units reported or planned by the jurisdiction. The levels are calculated using the Phase 6.0 suite of
modeling tools and include everything established or installed, reported, and functioning through the particular year,
e.g., through 2009, or through 2021, etc., not just new reported implementation, unless otherwise noted.
4 CBP partnership modeling tools evolve based on CBP partnership decisions. As a result, some BMPs have "none
reported" listed since those particular BMP names were not available for reporting. These practices were often
included in another BMP category before the refinement to be more specific in the naming convention.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Source Sector Review
Agriculture
2020-2021 Milestone Achievements
Implemented two rounds of the New York Agriculture Nonpoint Source Abatement and
Control Program (Ag NPS). A total of $6.3 million was invested implementing 179 BMPs on
25 farms in the watershed, of which farmers invested $1.57 million through New York's cost
share program.
Provided two years of Agriculture Environmental Management (AEM) base program funding
to Soil and Water Conservation Districts to support technical assistance to producers. The
total amount of technical assistance provided by the Soil and Water Conservation Districts
was estimated to be $2.26 million.
Implemented round 5 of the Climate Resilience Farming Program in February 2021. Not
including farmer cost share, over $594,000 was awarded for projects on 9 farms in the
Chesapeake Watershed.
Implemented two rounds of the Dairy Acceleration Program (DAP) to cost-share farm
business planning and Comprehensive Nutrient Management Plans (CNMPs) development
for small dairy farms.
Executed a contract amendment to increase funding for the Upper Susquehanna Coalition's
(USC) cover crop implementation program. A total of 12,087.52 acres of cover crops were
implemented in 2021 as a result of the Cover Crop Implementation Program. A total of 106
farms participated across 13 counties.
Increased capacity for agriculture BMP verification. Random Sampling for 2021 was
completed and distributed to all counties, which included 157 farm sites, 10 stream sites, 1
urban buffer site, and 10 wetland sites that were required to be verified for 2021 Progress.
Continued BMP data collection program for Concentrated Animal Feed Operations (CAFO)
farms by combining New York State Department of Environmental Conservation (NYSDEC)
compliance inspections with Soil and Water Conservation District (SWCD) data collection
and verification visits. USC member counties participated in 8 CAFO inspections in the
watershed during 2020 and 34 CAFO inspections during 2021.
Continued to deliver outreach programs for farmers and agricultural professionals in the
watershed about agricultural environmental management.
Implemented enhanced oversight of facilities in the Susquehanna and Chemung River Basins
by inspecting 15 medium and 12 large CAFOs in 2021. NYSDEC issued a notice of
violation, a consent order, and 2 responses to public complaints.
Allocated $500,000 of Chesapeake Bay Implementation Grant (CBIG) funding as a
continuation of the state forest buffer incentive program that began as part of the U.S.
Department of Agriculture (USD A) Chesapeake Bay Riparian Forest Buffer Initiative.
2020-2021 Milestones Not Achieved
Did not award the 2020 Climate Resilience Farming Program funds due to budget constraints
created by the COVID-19 pandemic.
Did not fully complete the contract to develop a mobile app to increase capacity of reporting
and verification of agriculture BMPs. Due to COVID-19 pandemic the contract was delayed,
and the development of the mobile app is still underway.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Did not fully achieve the goal of implementing two rounds of the New York Water Quality
Improvement program (WQIP) and the Nonpoint Source Planning Grant (NPG) program.
Due to funding challenges created by the COVID-19 pandemic, the funding was not released
in 2020.
2022-2023 Milestone Strengths
Commits to extend the current Cover Crop Implementation Program for a fifth year in 2022,
targeting 3,500 acres of cover crops for a total of 14,500 acres during the past five years of
implementation.
Commits to allocate an additional $110,000 to the original $500,000 of CBIG funding as a
continuation of the state incentive program for riparian forest buffers.
Commits to support nutrient management planning through a $500,000 NFWF grant to the
USC, which will be used in both the agricultural sector and piloting work in the urban sector.
The bulk of the grant will be focused on implementing nutrient management plans on
agricultural lands.
Commits to complete a strategic plan to support the Friends of the Chemung River through a
$50,000 grant awarded to the USC that allows them to expand their focus to the protection of
the watershed.
Commits to focus on implementing best management practices that address unmet needs in
the watershed related to the Chesapeake Bay Total Maximum Daily Load (Bay TMDL) load
allocations and assist with reoccurring flooding issues through funds awarded to the USC
through the Regional Conservation and Partnership Program.
Key Areas to Address in the final 2022-2023 Milestones
Include programmatic milestones that support an increase in new agricultural BMP
implementation levels. New York is relying on agriculture BMP implementation to meet its
2025 targets and New York's current pace of implementation is not on track to meet its
nutrient and sediment targets.
Continue to implement the Climate Resilient Farming Program to mitigate the impacts of
agriculture on climate change.
Continue to make progress on developing the mobile app to increase capacity of reporting
and verification of agriculture BMPs.
Continue to implement the New York WQIP and the NPG program.
Revise agriculture BMP implementation data to better represent what implementation is
current and what implementation is being reported as legacy.
Urban/Suburban Stormwater
2020-2021 Milestone Achievements
Implemented two rounds of the Green Infrastructure Grant program (GIGP).
Developed a new database to track and verify construction stormwater BMPs. The database
was completed and used for 2021 BMP progress submissions.
Expanded BMP reporting and verification through partnerships with Regional Planning
Boards. A BMP tracking template was created that allow the Regional Planning boards to
upload and report BMP progress data from non-regulated communities that were previously
unreported.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Expanded BMP reporting and verification through development of statistical survey
procedures to be used in New York's BMP verification protocols.
Continued to implement enhanced permit oversight of regulated facilities in the Susquehanna
and Chemung River Basins. NYSDEC conducted 5 inspections at Municipal Separate Storm
Sewer Systems (MS4) and 54 inspections at construction stormwater sites in the watershed.
NYSDEC conducted 6 compliance assurance meeting and responded to 4 complaints for
construction stormwater sites. NYSDEC issued 6 notices of violation for construction sites
stormwater and one notice of violation for a MS4 in 2021.
2020-2021 Milestones Not Achieved
Did not issue its Small MS4 general permit. The draft permit is still under internal NYSDEC
review.
2022-2023 Milestone Strengths
Committed to make the draft General Permit for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (Draft GP-0-22-002) and Fact Sheet available for
public comment in January 2022. The public comment period closed on 3/7/2022. The draft
General Permit is still under internal NYSDEC review.
Continues to implement enhanced permit oversight of regulated facilities in the Susquehanna
and Chemung River Basins.
Key Areas to Address in the final 2022-2023 Milestones
Include programmatic milestones to support increases in stormwater BMP implementation
levels to meet the 2025 targets. New York is expecting additional nitrogen reduction from the
stormwater sector by 2025.
Finalize and issue the Small MS4 general permit.
Consider revising the draft Small MS4 general permit to further reduce nutrients from
regulated sources.
Consider implementing more stringent implementation targets to meet the stormwater sector
nutrient goals since relying on agriculture implementation beyond the Amended Phase III
WIP commitments is not a reliable source of reductions at this time.
Wastewater Treatment Plants and Onsite Systems
2020-2021 Milestone Achievements
Initiated permit modifications for significant facilities to include 2025 wasteload allocations
and concentration limits. Since the release of the 2019 Phase III WIP, ten permit
modifications for significant facilities were completed. The number of permit modifications
will be reported on an annual basis.
Issued a final permit for the completed reconstruction of the Binghampton-Johnston City
wastewater treatment plant in July 2020.
Continued to use the ICIS data management system to submit individual state permit data, as
appropriate.
Continued to implement enhanced oversight of permitted facilities in the Susquehanna and
Chemung River Basins. During the state fiscal year 2021, NYSDEC conducted 24
inspections of Bay significant facilities and 16 inspections of Bay non-significant facilities.
Compliance assurance meetings were held with 12 facilities.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
Tracked upgrades for enhanced nutrient removal for significant and non-significant facilities
through existing wastewater grant programs.
2020-2021 Milestones Not Achieved
Did not fully achieve the goal of implementing two rounds of the New York WQIP and the
Wastewater Infrastructure Engineering Planning Grant (EPG) program. Due to funding
challenges created by the COVID-19 pandemic, the funding was not released in 2020.
2022-2023 Milestone Strengths
Continues to initiate permit modifications for significant facilities to include
2025 wasteload allocations and concentration limits.
Commits to perform a wastewater growth analysis to determine if changes in wastewater
flow are due to measurable growth or due to wet weather and impacts of inflow and
infiltration (I&I). If flow changes are due to growth, New York will implement actions to
offset the load associated with growth. If flow increases are due to wet weather as a result of
excessive I&I, they will be addressed through I&I studies and remediation. New York has
prioritized the following facilities for analysis: (V) Sherburne STP, (V) Greene wastewater
treatment plant (WWTP) and Chobani Inc.
Key Areas to Address in the final 2022-2023 Milestones
Continue to analyze wastewater trends to determine if changes in wastewater flow are due to
measurable growth or due to wet weather and impacts of I&I and report results using the
two-year milestones.
Continue to monitor USGS gauging station at Towanda, PA to monitor phosphorous and
nitrogen trends.
Continue to implement the New York WQIP and the EPG programs.
Growth, Offsets, and Trading
2020-2021 Milestone Achievements
Developed implementation scenarios based on 2025 forecasted growth conditions. Growth
conditions will be updated every two years in accordance with the CBP partnership decision
to update CAST every two years.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
Commits to conduct an analysis to determine if changes in flow are due to measurable
growth or due to wet weather and impacts of stormwater inflow and groundwater infiltration
(I&I). If flow changes are due to growth, New York will implement actions to offset the load
associated with growth. Flow increases due to wet weather as a result of excessive I&I will
be addressed through I&I studies and remediation. This analysis will be completed for 2022-
2023.
Commits to prioritize follow up based on the 2021 Wastewater Growth Analysis for the
following facilities: Sherburne STP - Address potential I&I issues, Greene WWTP
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
June 27, 2022
- Address potential I&I issues, Chobani Inc. - review for continued growth during 2022 -
2023.
Commits to track nutrient trades among significant wastewater facilities and modify permits
accordingly. So far, there have been no trades among these facilities.
Key Areas to Address in the final 2022-2023 Milestones
Consider individual trading among permitted dischargers with a WLA as a means of
providing flexibility for the implementation of the TMDL.
Track growth from wastewater treatment plants, agriculture and stormwater to determine if
loads are increasing and offset as needed.
Track projected increases in nutrient loads in the agricultural sector from changes in crops,
animals, and/or fertilizer.
Climate
In 2020, the PSC issued a directive that by 2022 all jurisdictions would account for the nutrient
loads due to climate change conditions through 2025 in the existing 2019 Phase III WIP, a Phase
III WIP addendum, or in the two-year milestones. In addition, all jurisdictions were expected to
include a narrative in a WIP, WIP addendum, or in the 2022-2023 milestones that describes the
current understanding of the 2035 climate change conditions. New York, and all jurisdictions,
would begin to address the additional nutrient loads from climate change conditions in their
2022-2023 milestones and progress.
2022-2023 Milestone Strengths
Meets the 2020 PSC directive to address the additional nutrient loads due to 2025 climate
change conditions in its 2020 Amended Phase III WIP. The CAST scenario, submitted as
part of the Amended Phase III WIP, demonstrates an ability to account for the additional
nutrient pollutant loads of 0.399 million lbs. of nitrogen and 0.044 million lbs. of
phosphorus.
Meets the phosphorus target and overachieves the nitrogen target by 168,230 lbs, after using
a N:P exchange, (1:0.424 for the Susquehanna Basin).
Includes a narrative in its 2022-2023 two-year milestones to describe the current
understanding of the 2035 climate change conditions.
Key Areas to Address in the final 2022-2023 Milestones
Accelerate BMP implementation rates to provide confidence that the 2025 target can be met,
including reductions for climate. Although the Phase III WIP climate change addendum
demonstrates how New York will reduce the additional loads associated with 2025 climate
change conditions, the progress results show New York is off track to meet its WIP goals.
Other (BMP verification. Segment-shed Goals for the Tidal Jurisdictions, Local
Engagement, etc.)
2020-2021 Milestone Achievements
In 2021, the USC was awarded $500,000 to focus on stream corridor restoration efforts and
watershed assessments.
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
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In 2021, the USC was awarded a grant for $316,000 to purchase a property in the Mud Creek
watershed and restore over 26 acres of wetland and riparian forest area.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
None.
Key Areas to Address in the final 2022-2023 Milestones
None.
Potential Federal Actions and Assistance
As noted in its Phase III WIP evaluations, EPA remains prepared to assist each of the seven
watershed jurisdictions in implementing the 2022-2023 milestones. EPA will work with each
jurisdiction to develop a specific oversight and assistance activities to provide prioritized support
for implementation efforts, including funding, technical assistance and analysis, training, and
regulatory reviews.
As it has done since the release of the Bay TMDL, EPA plans to continue to commit staff,
contractual and funding resources to support the implementation of the seven watershed
jurisdictions in implementing the 2022-2023 milestones and future two-year milestones. This
support includes evaluation of the most-effective practices and locations, annual funding
assistance to address priority implementation needs, evaluation of Bay jurisdictions'
implementation capacity under various staffing, funding, regulatory and programmatic scenarios,
local planning outreach, legislative and regulatory gap analysis, and monitoring trend analyses.
In addition, EPA will continue to work with federal partners to provide leadership and coordinate
with Bay jurisdictions on WIP and two-year milestone implementation to reduce pollutants from
federal lands. EPA will continue its commitment to track annual progress of the Bay jurisdictions
and make those results available to the partnership and the public. [See:
https://www.epa.gov/chesapeake-bav-tmdl/epaoversight-watershed-implementation-plans-wips-
and-milestones-chesapeake-bavl
Monitoring Trends Summary
The CBP partnership's Chesapeake Bay Program Nontidal Water Quality Monitoring Network,
supported by EPA, USGS, the Susquehanna River Basin Commission (SRBC), and the Bay
jurisdictions, generates water quality monitoring data in freshwater rivers and streams throughout
the watershed that is analyzed by USGS for nutrient and sediment loads and trends. The most
recent USGS results (https://cbrim.er.usgs.gov/summary.htmn over the long-term period 1985-
2018 and short term 2009-2018 for most stations were made available in March 2020. New
nutrient and suspended-sediment load and trend results became available for the nine River Input
Monitoring (RIM) stations for the long-term period 1985-2020 and short term 2011-2020
(https://cbrim.er.usgs.gov/).
While identifying drivers behind individual trends is often complex, the monitoring results are
worthy of New York's consideration as it develops the programs and BMPs planned for the next
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Evaluation of New York 2020-2021 and 2022-2023 Milestones
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two years. EPA's initial summary of how the monitoring results in New York's watersheds can
potentially inform planning are below.
Trends at the majority of New York's monitored watersheds are improving for phosphorus.
However, trends at the majority of monitored watersheds are degrading for nitrogen.
Additional exploration of these trends can help clarify what may be driving differences
between nitrogen and phosphorus trends. This can in turn help inform adaptation of
programs, policies, or practices.
Most of New York's monitored watersheds are estimated to have agriculture as a dominant
source of nitrogen or phosphorus, suggesting that agriculture should be a continued focus
moving forward.
Implementing efforts in high loading areas can potentially yield the greatest nutrient
reduction benefits. Trends are improving at half of New York's highest loading monitored
watersheds for phosphorus. More exploration on what is occuring in these improving
watersheds can potentially reveal successful programs, policies, or practices.
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