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Nutrient Trading Bill Does Not Answer
Needs of Chesapeake Bay Protection

The Nutrient Trading bill will be voted on in the Senate Agriculture, Conservation and Natural Resources Committee on Monday, February 14, and in the House Agriculture, Chesapeake and Natural Resources Committee on Wednesday, February 16. Since the bills have crossed over, Senators need to hear about HB 2862 and Delegates need to hear about SB 1275.

Problem:

Virginia has not met the Chesapeake Bay Program nutrient reduction goals for nitrogen and phosphorus, and regulations are pending to require large sewage and industrial plants to meet stricter permit limits to improve water quality. Nutrient trading is one tool available to achieve the goals, but only if it is carefully implemented and enforced to assure that true nutrient reductions actually occur. Trading typically allows the exchange of nutrient reduction credits between parties that have exceeded
their required nutrient reductions and those that have not. This bill would allow a much broader interpretation of trading that would allow facilities to “pay to pollute” and would not assure overall nutrient reductions in the Chesapeake Bay and the tributaries that flow into the Bay.

SB 1275 (HB 2862) does not meet the requirements of the Environmental Protection Agency’s (EPA) Chesapeake Bay Program Nutrient Trading Policy because it does not assure that only law-abiding parties can trade nutrient credits, and it has not had a broad diversity of stakeholders involved in developing the trading program for Virginia. Of particular concern is the fact that the bill would require the State Water Control Board to issue one general permit authorizing nitrogen and phosphorus discharges from 120 large sewage and industrial plants to the Chesapeake Bay and its tributaries, without adequate public participation and enforcement provisions. The proposed general permit would supersede individual permits which are required to comply with the Clean Water Act
and to protect water quality, including adequate public participation and enforcement provisions.

Solution:

A nutrient trading program should be developed that is consistent with the Chesapeake Bay Program’s Fundamental Principles and Guidance, and with participation from a broad group of Bay and River stakeholders to assure true water quality improvement, as well as proper public oversight and enforcement. If this bill is not amended to assure consistency with the EPA Nutrient Trading Principles and Policy, which will assure water quality improvement, public participation, and adequate enforcement, the bill should be opposed.

Action Needed:

Please follow the link below to send a letter to your Delegate (Senator) opposing the Nutrient Trading Bill, unless it is amended to comply with the EPA Bay Program’s Nutrient Trading Principles and Policy.

Deadline for responding: Please take action by Wednesday, February 17, 2005.

To send a message, please click the link below:

http://virginia.sierraclubaction.org/r.asp?aacwc=3643124261314252035057