Vol. 23, No. 1 February 9, 2015

A Public Comment Period now Open for the proposed Virginia State Water Control Board's Certification of Nonpoint Source Nutrient Credits

The Virginia State Water Control Board (the Board) is in the process of establishing a process for the certification of nonpoint source nitrogen and phosphorus credits pursuant to §62.1-44.19:20. Comments are due on March 16, 2015. The establishment of the proposed regulations will provide consistency and clarity to the nutrient trading market by establishing procedures for the generation and certification of nonpoint credits. This will aid the regulated community (developers), the public and the Commonwealth in complying with the Chesapeake Bay Watershed Implementation Plans as well as TMDLs established for other impaired waters throughout Virginia.
The proposed regulation includes:
Application Procedures & Baseline Requirements
Credit Calculations Procedures
Release and Registration of Credits
Compliance, Reporting and Enforcement Requirements
Financial Assurance and Application Fees
Nonpoint credits may be generated from best management stormwater practices in urban and agricultural settings, stream and wetland restoration, land use conversion, animal feeding operation management, shellfish aquaculture and other innovative nutrient control or removal techniques. This regulation also intends to open trading options between point to nonpoint credit trades, or nonpoint to nonpoint trades.
The public comment period will be open until March 16, 2015, during which both oral and written comments may be submitted at any time. In particular, the Board is seeking comments on the following:
Costs and benefits of the proposed regulation
Potential impacts on farm and forest preservation
Possible economic impacts to small businesses.
The complete Proposed Regulation Agency Background Document, and how to submit comments, can be found here on the Virginia Regulatory Town Hall website.
For additional information please feel free to contact Kelly Petrey, Mike Rolband or Roy Van Houten.