Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
EPA EVALUATION OF VIRGINIA'S 2020-2021 and 2022-2023 MILESTONES
Overview
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 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 Practices or BMP implementation targets) for the 2022-2023 milestone period and
the status of the relevant water quality monitoring trends.
In reviewing 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 Virginia for the 2021 progress run, Virginia achieved its statewide 2021
target for sediment but did not meet its statewide targets for nitrogen and phosphorus. EPA
stands ready to assist 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 Virginia include:
Passed legislation to reach its goals of 85% implementation of nutrient management plans on
cropland and livestock exclusion from all perennial streams and completed a plan for
implementing this legislation.
Completed a State Lands Watershed Implementation Plan and established an interagency
technical team to guide implementation of activities to reduce nutrient and sediment pollution
originating from the lands and activities of Virginia agencies and public institutions.
Reissued the Virginia Pollution Abatement Regulation and General Permit for Poultry Waste
Management and included reporting requirements for poultry litter transport activities.
Exceeded forest harvesting practices goals and maintains strong programs for supporting and
tracking timber harvest BMPs and post-harvest water quality monitoring.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Some key areas that EPA expects Virginia address in the final 2022-2023 milestone submission
include:
Reissue Phase I Municipal Separate Storm Sewer System (MS4) permits for Prince William,
Chesterfield, Fairfax and Henrico Counties, or the Cities of Chesapeake, Hampton, Newport
News, Norfolk, Portsmouth, and Virginia Beach.
Expand and enhance activities to support implementation of stormwater BMPs in non-MS4
localities, including BMPs for urban nutrient management and tree planting/forest buffers.
Establish milestones to accelerate BMP implementation in the agricultural sector, including
BMPs for soil and water conservation plans, forest buffers, livestock and poultry waste
management systems, cover crops, and nutrient management. Programmatic milestones were
not provided and/or did not support an increase in implementation levels for these BMPs.
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 Virginia, to the statewide and state-basin Phase III Watershed Implementation Plan (WIP)
planning targets.
According to the data provided by Virginia for the 2021 progress run1, Virginia achieved its
statewide 2021 target for sediment but did not achieve its statewide 2021 targets for nitrogen and
phosphorus. Virginia achieved its 2021 nitrogen targets for the James River basin but did not
achieve its 2021 targets for nitrogen in all other major basins (Potomac, Rappahannock, York,
Eastern Shore). Virginia achieved its 2021 phosphorus targets for the York River basin but did
not achieve its 2021 targets for phosphorus in all other major basins (Potomac, Rappahannock,
James, Eastern Shore). Virginia achieved its 2021 sediments targets for all of its state-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 Virginia. In addition, the table identifies the additional nutrient loads
for 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.
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 Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 1. Loads and Goals for 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
67.91
56.64
52.95
1.589
5.277
Phosphorus
6.985
6.028
5.583
0.337
0.782
Sediment
6,557
6,392
6,872
N/A
-481
Virginia developed specific BMP implementation targets for the 2020-2021 and 2022-2023
milestones for those practices identified in Virginia's Phase III WIP that account for the majority
of the nitrogen reductions. Table 2 provides a summary of the 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. 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 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 Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Table 2. Progress and Targets for BMPs from Virginia's Phase III WIP that account for the
majority of the nitrogen reductions.
BMP3
2009
2021 Progress
2022-2023
2025 WIP
Progress
Milestone Target
Target
Animal Waste
1,448,824
481,003
300 new facilities
2,228,900
Management Systems
(animal units)
Cover Crops (acres)
77,290
153,488
225,000
384,396
Soil Conservation and
None
7,250
300,000
Water Quality Plans
(acres)
reported4.
1,183,460
Forest Harvesting
Practices (% of area,
78.8
90.8
95.5
95.5
unless otherwise noted)
Nutrient Management
543,549
584,909
700,000
951,395
Core Nitrogen (acres)
Forest Buffers5 (acres)
12,248
3,589
153
21,965
Grass Buffers -
5,262
17,149
4,800
45,766
Stream side with
Exclusion Fencing
(acres)
Forest Buffer-
None
172
70
26,390
Stream side with
Exclusion Fencing
(acres)
reported.
Agricultural Drainage
Management
(Denitrifying Ditch
Bioreactors)
None
reported.
244
Not identified.
Seeking funding
for bioreactors in
Shenandoah
Valley
164,186
Nutrient Management
None
207,951
110,000
758,474
Nitrogen Rate (acres)
reported.
Nutrient Management
None
141,048
55,000
427,076
Nitrogen Timing
(acres)
reported.
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.
5 Virginia reported forest buffer on fenced pasture as forest buffers BMP in 2009.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
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
Virginia is predominantly relying on agriculture BMP implementation to meet its 2025 targets
based on its Phase III WIP. Virginia's current pace of implementation is not on track to meet its
overall nutrient targets. EPA expects Virginia to include programmatic milestones that support
accelerated agricultural BMP implementation levels to meet its 2025 targets.
2020-2021 Milestone Achievements
Finalized the Virginia Pollution Abatement Regulation and General Permit for Poultry Waste
Management and became effective on February 17, 2021.
Passed legislation to reach its goals of 85% implementation of nutrient management plans on
cropland and livestock exclusion from all perennial streams and completed a plan for
implementing this legislation.
Completed the Chesapeake Bay Voluntary Agricultural BMP Farmer Survey and released
summary report.
Directed increased cost-share funding to key soil and water conservation districts.
Completed pilot study that examined the extent of perennial streams in the Bay watershed
excluded from livestock.
2020-2021 Milestones Not Achieved
Does not provide information on the number of evaluations completed under the Small
Animal Feeding Operation (AFO) Assessment Strategy, per the EPA's evaluation of
Virginia's 2018-2019 and 2020-2021 Milestones.
Did not complete cover crop and conservation tillage surveys in the Chesapeake Bay
watershed. Virginia should complete these surveys utilizing CBP-approved Quality
Assurance/Quality Control (QA/QC) protocols.
2022-2023 Milestone Strengths
Commits to publish the Notice of Intended Regulatory Action by the end of 2022 and
completing the Technical Advisory Committee meetings by the end of 2023 to reissue the
Virginia Pollution Abatement Regulation and General Permit for Animal Feeding Operations
and Animal Waste Management, which expires in 2024.
Provides information regarding the funding source(s) for certain programmatic milestones
and links implementation targets to programmatic milestones.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Continues its plan to conduct Agricultural Needs Assessment and report funding needs to the
Governor and Virginia Assembly.
Commits to implement the Virginia Pollution Abatement Regulation and General Permit for
Poultry Waste Management and improve poultry litter transport accounting. Finalizing
development of a poultry waste transfer database and external portal for reporting transfer
data.
Commits to conduct cross-training with partners, agencies, and organizations that assist
farmers and to continually pursue opportunities to improve coordination.
Commits to propose revisions to Resource Management Plan and Nutrient Management Plan
regulations that would increase certified planner capacity.
Key Areas to Address in the final 2022-2023 Milestones
Provide updates on the acreage and the associated conservation practices and implementation
levels under Resource Management Plans (RMPs) that were developed in 2020-2021 and
projected to be developed in 2022-2023.
Establish milestones to accelerate BMP implementation in the agricultural sector, especially
since several BMP implementation targets were not met in 2020-2021 milestone period.
Provide additional information on the programs and resources that will support an increase in
implementation for soil and water conservation plans, forest buffers, livestock and poultry
waste management systems, nutrient management, and cover crops. Programmatic
milestones were not provided and/or did not support an increase in implementation levels for
these BMPs.
o Describe how Virginia will increase administrative (monitoring and verification) and
technical assistance capacity to meet legislative goal of 85% implementation of Nutrient
Management Plans and exclusion of livestock from all perennial streams.
Explain why implementation targets for Nutrient Application Management Rate Nitrogen
and Nutrient Management Timing Nitrogen decreased from 2020-2021 milestone levels.
Urban/Suburban Stormwater
Virginia is expecting additional nutrient reductions from the stormwater sector by 2025 based on
its Phase III WIP. EPA expects Virginia to include programmatic milestones to accelerate
stormwater BMP implementation levels to meet its 2025 targets.
2020-2021 Milestone Achievements
Issued the Arlington County Phase IMS4 permit with an effective date of July 1, 2021.
Reviewed of all Phase IIMS4 Total Maximum Daily Load (TMDL) Action Plans.
Finalized the revision of Guidance Memo No. 15-2005 "Chesapeake Bay TMDL Special
Condition Guidance" for MS4 permittees.
Established an advisory group and held meetings to develop a protocol for re-evaluating
post-construction water quality design criteria requirements.
Drafted an annual report for the Governor and General Assembly that included Stormwater
Local Assistance Fund (SLAF) requests and estimates.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
2020-2021 Milestones Not Achieved
Did not reissue the Phase IMS4 permits for Prince William, Chesterfield, Fairfax and
Henrico Counties, or the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, and Virginia Beach.
Did not expand Healthy Virginia Lawns Program and meet the goal of 20% growth of
clients, plans, or acres under urban nutrient management.
Did not establish stakeholder advisory group and evaluate nutrient management planning
under the Erosion & Sediment Control Regulations.
2022-2023 Milestone Strengths
Secured grant funding and contractor assistance to assist in the development and reissuance
of expired Phase IMS4 permits.
Commits to continue to support implementation of voluntary urban stormwater BMP retrofits
through the Virginia Conservation Assistance Program (VCAP).
Commits to evaluate and potentially designate new MS4s with the publication of the 2020
Census Urban Areas Maps in conjunction with the reissuance of the Phase IIMS4 general
permit in 2023.
Commits to update water quality design criteria requirements under Virginia Stormwater
Management Program Regulations to incorporate the use of future projected design storms
for managing stormwater.
Commits to evaluate nutrient management planning under the Erosion & Sediment Control
Regulations and amend regulations as necessary.
Commits to develop a collaborative structure for multiple agencies and organizations
implementing urban BMPs in non-MS4 areas to coordinate efforts, improve reporting,
accelerate implementation, and verify existing practices.
Key Areas to Address in the final 2022-2023 Milestones
Reissue the remaining Phase I permits during this milestone period, since the pollutant
reductions to be achieved in the developed sector rely on implementation of practices
required by the MS4 permits.
Include a milestone to reissue the Virginia Department of Transportation (VDOT) individual
MS4 permit which expires June 2022.
A large portion of Virginia's stormwater sector is unregulated, and EPA recommends
milestones such as marketing of funding (e.g., SLAF) opportunities for non-MS4 localities,
expanding Healthy Virginia Lawns Programs, and support for voluntary implementation of
stormwater retrofits will be critical to Virginia's success.
Wastewater Treatment Plants and Onsite Systems
2020-2021 Milestone Achievements
Reissued the watershed general permit.
Published Notice of Intended Regulatory Action (NOIRA) to amend Water Quality
Management Planning Regulation (9VAC25-720) to (1) include Chlorophyll-a based
wasteload allocations for significant James River dischargers, (2) re-evaluate industrial
significant wasteload allocations, and (3) establish floating wasteload allocations for
significant municipal dischargers. Virginia Department of Environmental Quality (VADEQ)
is still waiting on executive review.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Continued implementation of septic BMPs to address local impairments within the
Chesapeake Bay watershed in priority project areas.
2020-2021 Milestones Not Achieved
VADEQ did not meet it proposed timeline for establishing a regulatory advisory panel and
developing proposed regulatory amendments for consideration by State Water Control Board
to amend the Sewage Collection and Treatment Regulations (9VAC25-790).
2022-2023 Milestone Strengths
Commits to develop considerations of the impacts of climate change on proposed treatment
works for inclusion in the Sewage Handling and Disposal Regulations.
Commits to install at least 100 new onsite sewage system or public sewer connections to
replace failing onsite sewage systems, straight pipes, and pit privies
Commits to complete amendments to the Water Quality Management Planning Regulation
(9VAC25-720) to include Chlorophyll-a based wasteload allocations for significant James
River dischargers and re-evaluate of industrial significant wasteload allocations.
Key Areas to Address in the final 2022-2023 Milestones
None.
Growth, Offsets, and Trading
2020-2021 Milestone Achievements
Published annual reports on watershed general
April 1, 2021, as required by state code.
Published annual reports on watershed general
2021, as required by state code.
2020-2021 Milestones Not Achieved
None.
2022-2023 Milestone Strengths
Finalized protocol for re-evaluating post-construction water quality design criteria
requirements by Jan.l, 2022
Commits to submit for executive review a Notice of Intended Regulatory Action to amend
Virginia Stormwater Management Program Regulation (9VAC25-870) to update the water
quality design criteria requirements, if necessary, by July 1, 2022.
Commits to submit for executive review a Notice of Intended Regulatory Action to amend
Virginia Stormwater Management Program Regulation (9VAC25-870) to incorporate the use
of future projected design storms for managing stormwater by July 1, 2022.
Commits to establish Regulatory Advisory Panel and develop proposed amendments for
consideration by State Water Control Board by January 1, 2023.
Commits to publish annual reports on watershed general permit nutrient loads by April 1,
2022, and April 1, 2023, as required by state code.
Commits to publish annual reports on watershed general permit trades by July 1, 2022, and
July 1, 2023, as required by state code.
permit nutrient loads by April 1, 2020, and
permit trades by July 1, 2020, and July 1,
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Key Areas to Address in the final 2022-2023 Milestones
Implement guidance on 9VAC25-900-91 of the certification regulation on credit use in local
TMDL and impaired watersheds.
Revise the landowner handbook guidance document in accordance with 9VAC25-900 and
incorporating monitoring protocols and long-term management requirements into the
guidance document.
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. Virginia, and all jurisdictions,
would begin to address the additional nutrient loads from climate change conditions in their
2022-2023 milestones and progress.
2020-2021 Milestone Achievements
Completed Tidal Wetlands Guidelines which promote the protection and conservation of
tidal wetlands.
Completed the Virginia Coastal Resilience Master Plan.
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.
Commits to submit for executive review a Notice of Intended Regulatory Action to amend
Virginia Stormwater Management Program Regulation (9VAC25-870) to incorporate the use
of future projected design storms for managing stormwater by July 1, 2022.
Commits to incorporate practices and/or bundles of practices that provide climate change
benefits, such as soil health, and improve water quality into the Virginia Agricultural Cost
Share (VACS) program.
Commits to develop considerations of the impacts of climate change on proposed treatment
works for inclusion in the Sewage Handling and Disposal Regulations.
Commits to increase Virginia's resilience to sea level rise and natural hazards, including by
mapping failed, failing and threatened onsite septic systems at risk to sea level rise and taking
steps to increase the resiliency of Northern Neck communities disproportionally vulnerable
to flood impacts.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Commits to develop guidance and decision support tools to support implementation of
Chesapeake Bay Preservation Act amendments addressing coastal resilience and adaptation
to sea-level rise and climate change.
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 Virginia will reduce the additional loads associated with 2025 climate
change conditions, the progress results show Virginia is off track to meet its WIP goals.
Forestry
2020-2021 Milestone Achievements
Passed legislation to facilitate implementation of Virginia Department of Forestry (VDOF)
Healthy Watershed Initiative pilot.
Planted 186 acres of riparian forested buffers in the Middle James River watershed and an
additional 257 acres in Chesapeake Bay watershed, under the Virginia Environmental
Endowment.
Conducted 29 classes with 976 loggers, foresters and forest practitioners on harvest planning
and BMP implementation. Created four new programs for the Sustainable Harvesting and
Resources Professional (SHARP) Logger Program.
Forest Harvesting Practices BMP compliance results for the Chesapeake Bay watershed
exceeded implementation target.
Funded and hired a watershed coordinator position to oversee programs and strategic
initiatives that support urban canopy retention and establishment.
Developed "My Tree Counts" application to allow for self-reporting of tree establishment
projects.
2020-2021 Milestones Not Achieved
Did not meet implementation targets for Forest Buffers, Urban Forest Buffers, Urban Tree
Planting, and Urban Forest Planting.
2022-2023 Milestone Strengths
Commits to continue tracking timber harvest BMPs and monitoring of water quality post-
harvest.
Commits to increase staffing and pursue funding to support forest buffer, tree planting, urban
tree canopy, and forest harvesting practices goals.
Commits to implement Healthy Watershed Initiative pilot with a locality or localities within
the Rappahannock River Basin study area.
Key Areas to Address in the final 2022-2023 Milestones
Update milestone commitment F10 to reflect status of Sentinel Landscape application.
Virginia has established an aggressive goal to increase urban tree planting acres by over
4,000% of the 2021 implementation level. Provide additional information on the programs
and resources that will support an increase in implementation. Programmatic milestones were
not provided and/or did not support an increase in implementation levels for this BMP.
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
Other (Multiple Sectors; Reporting, Verification, and Accountability; James River Phased
Implementation/Chlorophyll Study
2020-2021 Milestone Achievements
Completed State Lands Watershed Implementation Plan and established interagency
technical team to guide implementation of activities to reduce nutrient and sediment pollution
originating from the lands and activities of Virginia agencies and public institutions.
Secured $6,650,000 in new funding for the acquisition of over 9,800 of forested wetlands on
the Eastern Shore of Virginia.
Developed oyster restoration plans for Chesapeake Bay tributaries and met restoration
construction targets in the Piankatank, Great Wicomico, Lafayette, and Elizabeth Rivers.
Completed the Virginia Coastal Resilience Master Plan.
2020-2021 Milestones Not Achieved
Explain why Virginia reported 0 acres of Oyster Reef Restoration BMP implementation for
the 2021 progress period, despite reporting completion of reef restoration projects in several
Chesapeake Bay tributaries in the 2020-2021 programmatic progress report.
2022-2023 Milestone Strengths
Commits to develop guidance and decision support tools to support implementation of
Chesapeake Bay Preservation Act amendments addressing coastal resilience and adaptation
to sea-level rise and climate change.
Commits to develop a pay-for-performance pilot program that would incentivize installation
of nutrient removal technologies such as bioreactors.
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:
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Evaluation of Virginia's 2020-2021 and 2022-2023 Milestones
June 27, 2022
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 the short-
term period 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 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 Virginia's watersheds can
potentially inform planning are below.
Trends are improving in the majority of Virginia's highest loading monitored watersheds for
phosphorus. Of the two highest loading watersheds for nitrogen, one is improving and the
other shows no trend. Implementing efforts in high loading areas can potentially yield the
greatest nutrient reduction benefits.
Trends in Virginia's monitored agricultural watersheds show that most stations are
improving for phosphorus. More exploration on what is occurring in these monitored
watersheds can potentially reveal successful programs, policies, or practices. For nitrogen,
equal proportions of monitored agricultural watersheds are improving and degrading. While
more information would be needed to determine what is driving individual trends, this
suggests agricultural areas should be a continued focus.
Trends at the North and South Fork Shenandoah Rivers are improving for nitrogen and
phosphorus, and the majority of monitored Shenandoah River tributaries are improving for
nitrogen. More exploration on what is occurring in these monitored watersheds can
potentially reveal drivers of these improving trends.
Trends at the Rappahannock, Pamunkey, Mattaponi, and Appomattox Rivers are degrading
for both nitrogen and phosphorus. All stations monitored in the Mattaponi River show
degrading trends for nitrogen or phosphorus. These areas should be explored for potential
focus in future milestones.
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