Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
EPA EVALUATION OF WEST VIRGINIA'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 West Virginia'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 Practice (BMP) implementation targets) for the 2022-2023 milestone period and
the status of the relevant water quality monitoring trends.
In reviewing West Virginia'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 West Virginia for the 2021 progress run, West Virginia did
achieve its statewide 2021 targets for nitrogen, phosphorus, and sediment. EPA stands ready to
assist West Virginia 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 West Virginia include:
Commits to maintain 90,000 acres of nutrient management plans annually.
Commits to implement a formal riparian buffer outreach strategy to increase the adoption of
buffers to 200 new acres annually.
Some key areas that EPA expects West Virginia to address in the final 2022-2023 milestone
submission include:
Reissue the Phase II Municipal Separate Storm Sewer System (MS4) general permit and
include a milestone to reissue the Phase IIMS4 permit in the 2022-2023 milestone period.
Accelerate implementation of BMPs in the agricultural sector since several BMP
implementation targets were missed in the 2020-2021 milestone period.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
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 West Virginia, to West Virginia's statewide and state-basin (Potomac and James) Phase III
Watershed Implementation Plans (WIP) planning targets.
According to the data provided by West Virginia for the 2021 progress run1, West Virginia
achieved its statewide 2021 targets for nitrogen, phosphorus, and sediment. West Virginia
achieved its 2021 nitrogen, phosphorus, and sediment targets for the Potomac and James basins.
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 West Virginia. In addition, the table identifies the additional nutrient
loads for West Virginia 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. West Virginia, 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 2019, 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 West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 1. Loads and Goals for West Virginia 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
8.04
7.92
8.23
0.00
-0.30
Phosphorus
0.631
0.438
0.433
0.009
0.014
Sediment
597.9
553.9
608.9
N/A
-55.0
West Virginia developed specific BMP implementation targets for the 2020-2021 and 2022-2023
milestones for those practices identified in West Virginia'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. West Virginia is expected to provide detailed 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
would 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 loads when
evaluating 2022 progress.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 2. Progress and Targets for BMPs from West Virginia'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
Livestock and Poultry
Waste Management
Systems (animal units)
347,557
314,071
Not identified
395,057
Forest Buffers (acres in
buffers)
5
58
258
200
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.
Source Sector Review
Agriculture
West Virginia is predominantly relying on agriculture BMP implementation to meet its 2025
targets based on its Phase III WIP. West Virginia's current pace of implementation is not on
track to meet its Phase III WIP goals in this sector. EPA expects West Virginia to include
programmatic milestones that support accelerated agricultural BMP implementation levels to
meet its 2025 targets.
2020-2021 Milestone Achievements
Assessed the status of expiring poultry animal waste storage structures and determined that
81.8% were fully functional and were retained and reported through the National
Environmental Information Exchange Network.
Verified that conservation planning is included in Environmental Quality Incentives Program
and Conservation Reserve Enhancement contracts.
3 BMP levels are units reported or planned by the jurisdiction. The levels are calculated using CAST-19 of 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.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
2020-2021 Milestones Not Achieved
Did not transfer a minimum of 7,500 tons of wet litter annually from the Potomac Valley
Conservation District; 4,879.34 tons were transferred in 2020 and 3,927.3 tons were
transferred in 2021.
Did not conserve 7,500 acres of agricultural land under the West Virginia Farmland
Preservation Program and County Farmland Protection Boards; approximately 5,534 acres
were conserved.
Fell short of constructing animal waste storage facilities on new poultry operations for a
minimum of 5,000 animal units; new animal waste storage facilities were constructed on
4,612.05 animal units.
Fell short of maintaining cover crop implementation of a minimum of 7,000 acres annually
within the Potomac Valley and Eastern Panhandle Conversation Districts; a total of 6,685
acres were planted in the fall of 2020 and a total of 6,499 acres were planted in the fall of
2021.
2022-2023 Milestone Strengths
Commits to implement a formal riparian buffer outreach strategy to increase the adoption of
effective buffers to 200 new acres annually.
Commits to maintain 90,000 acres of nutrient management plans annually.
Key Areas to Address in the final 2022-2023 Milestones
Set milestones to accelerate BMP implementation in the agricultural sector and identify what
programs will be implemented to achieve the implementation levels, especially since several
BMP implementation targets were not met in the 2020-2021 milestone period.
Provide programmatic and numeric commitments to support implementation of livestock and
poultry waste management systems.
Explain why BMP implementation targets for cover crops decreased from 2020-2021
milestone levels.
Clarify whether the 90,000 acres of nutrient management plans annually is for existing plans,
new plans, or a combination of both.
Clarify if exclusion fencing is limited to forested buffers only or includes grass buffers. In
addition, clarify whether there are programmatic requirements for fencing setbacks and
buffer widths.
Identify how many miles of stream exclusion fencing and associated BMPs can be covered
with the $54,681 annual funding that West Virginia proposes for the Most Effective Basins
funding.
Identify how many miles of stream exclusion fencing and associated BMPs can be covered
with the $100,000 annual funding that West Virginia proposes for the Eastern Panhandle
Conservation District and the Potomac Valley Conservation District.
Explain why West Virginia is not continuing its programmatic milestone focused on ensuring
new poultry operations construct animal waste storage facilities.
Urban/Suburban Stormwater
West Virginia is expecting additional nutrient reductions from the stormwater sector by 2025
based on its Phase III WIP. EPA expects West Virginia to include programmatic milestones to
accelerate stormwater BMP implementation levels to meet its 2025 targets.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
2020-2021 Milestone Achievements
Completed green infrastructure project for the City of Martinsburg.
Developed Multi-Jurisdictional Hazard Mitigation Plan containing goals and strategies for
nature-based BMPs.
Analyzed the CAST 2019 land use data to determine impact on nutrient and sediment loads.
Held virtual workshop on using the updated West Virginia Stormwater Management and
Design Guidance Manual.
2020-2021 Milestones Not Achieved
Did not reissue the Phase IIMS4 general permit.
Did not add additional information on biochar or guidance for municipalities, contractors,
and homeowners into the West Virginia Stormwater Management and Design Guidance
Manual.
2022-2023 Milestone Strengths
Commits to have one community voluntarily adopt an ordinance that includes a one-inch
capture requirement.
Commits to have one or two communities develop conceptual plans for the use of green
infrastructure, with one community including a green infrastructure retrofit project.
Commits to develop a series of videos on Chesapeake Bay BMPs and commits to coordinate
a workshop on stormwater management topics.
Key Areas to Address in the final 2022-2023 Milestones
Include a milestone to reissue the expired Phase IIMS4 general permit.
Wastewater Treatment Plants and Onsite Systems
2020-2021 Milestone Achievements
Updated inventory of Wastewater Treatment Plants (WWTP) with upgrades and schedules.
Assisted the Warm Springs Public Service District to develop and apply for funding to
conduct an inflow and infiltration management project. Funding has been secured with the
US Department of Agriculture Rural Utilities Services Water and Wastewater Loan/Grant
Program and the project is currently in the design phase.
Reported new septic installations and connections to Publicly Owned Treatment Works
(POTWs) in annual progress submissions to demonstrate overall minimal growth on septic
systems.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
Commits to update inventory of WWTPs with upgrades and schedules as needed.
Continues to review compliance of newly upgraded systems with National Pollutant
Discharge Elimination System permit limits.
Continues to report new septic installations and connections to POTWs in annual progress
submissions.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
Key Areas to Address in the final 2022-2023 Milestones
None.
Growth, Offsets, and Trading
2020-2021 Milestone Achievements
Updated and maintained offset tracking and accountability system in accordance with EPA
expectations.
Continued to approve, if appropriate, offset requests on a case-by-case basis.
Reported the number of POTWs that have reached 90% design flow and evaluation of plant
capacity at permit reissuance.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
Commits to update and maintain offset tracking and accountability system in accordance
with EPA requirements.
Commits to approve, if appropriate, offset requests on a case-by-case basis.
Key Areas to Address in the final 2022-2023 Milestones
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 its 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. West Virginia, 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 2019 Phase III WIP. The CAST scenario, submitted as part of the
2019 Phase III WIP, demonstrates an ability to account for the additional nutrient pollutant
loads.
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
None.
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
Other (BMP verification. Segment-shed Goals for the Tidal Jurisdictions, Local
Engagement, etc.)
2020-2021 Milestone Achievements
None.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
Commits to investigate and manage at least one DEIJ-focused project annually.
Commits to identify two new nutrient-reducing projects for which DEIJ/Most Effective
Basin funding is appropriate.
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/epa-oversight-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, the U.S. Geological Survey (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)
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Evaluation of West Virginia 2020-2021 and 2022-2023 Milestones
June 27, 2022
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 West Virginia's consideration as it develops the programs and BMPs planned for the
next two years. EPA's initial summary of how the monitoring results in West Virginia's
watersheds can potentially inform planning are below.
Trends at all of West Virginia's monitored watersheds are improving for phosphorus. Trends
at half of the monitored watersheds are improving for nitrogen, while the other half show no
trend. Additional exploration of these trends can help clarify successful programs, policies,
or practices in improving areas, and identify additional implementation options in areas
showing no trend. All of West Virginia's monitored watersheds are predominantly a mix of
agriculture and forested land.
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