Nutrient Trading
& the Chesapeake Bay Program

The Chesapeake Bay Program	August 2000

Nutrient Reduction and Trading

The Chesapeake Bay Program has, as one of its
cornerstone restoration efforts, a goal of reducing
nutrients entering the Bay by 40% from 1985
levels by the year 2000. Nutrient reduction plans,
or Tributary Strategies, have and are being
developed by the Bay jurisdictions which delineate
how this goal will be met through actions taken by
both point and non point sources. These tributary
strategies primarily address how the goal will be
achieved, but new strategies will be completed by
the same jurisdictions in early 2001 to address how
the goal, or the resulting load cap, will be
maintained. A Chesapeake Bay Program Task Force
of jurisdictional representatives determined in 1999
that actions could be taken beyond those in the
original tributary strategies to help in holding the
line on nutrient pollution. This Task Force reported
that growth in load may be expected from increases
in sewage flows and urban areas, as well as from
agricultural expansion and intensification of animal
agriculture. The Task Force also acknowledged
that new, creative and innovative practices would
be needed and that nutrient trading could
potentially play a major role in maintaining the cap.

The Nutrient Trading Negotiation
Team

During the Spring of 1999, the Chesapeake Bay
Program organized and formed a "Negotiation
Team" whose job it is to undergo a 12 - 18 month
process to determine if a nutrient trading program
will help to achieve and maintain the Chesapeake
Bay Program's nutrient reduction goals, and if so,
to develop appropriate guidelines for the Program.
The intent of such guidelines would be to provide
a consistent approach for the Chesapeake Bay

Agreement states to voluntarily develop, as they
deem appropriate, state-specific nutrient trading
programs. This Negotiation Team (or NT)
consists of 38 individuals representing the
following 19 stakeholder groups:

! U.S. EPA, Chesapeake Bay Program
! U.S. EPA, Region III
! District of Columbia
! State of Maryland

-	MD Dept. of the Environment

-	MD Dept. of Agriculture
! State of Pennsylvania

-	PA Dept. of Environmental Protection

-	PA Department of Agriculture
! Commonwealth of Virginia

-	VA Dept. of Environmental Quality

-	VA Dept. of Conservation & Recreation
! Regional Environmental Interests

! Local Watershed Interests
! Public Interest
! Local Government Interests
! Municipal Point Source Interest
! Industrial Point Source Interest
! Rural Non-point Source Interest

-	Crop Agriculture

-	Animal Agriculture
! Storm water Interest

! Chesapeake Bay Commission

Established in June 1999, the Negotiation Team
has been meeting every 5 - 6 weeks to explore
nutrient trading concepts. All meetings are
professionally facilitated and are open to the
public. The NT has delineated 6 basic elements
to a trading program. These elements, illustrated
below, have formed the framework for the NT
deliberations as guidelines will be developed for
each component separately.


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Nutrient Trading Concept







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Acco u ntab i I ity



Duri

ng

its deliberations, the NT will have access to
contacts and information from other trading
programs in the country, in addition to a broad base
of expertise that exists on the team itself.

Guidelines Development Schedule

It is anticipated that, should trading guidelines be
deemed appropriate, a draft document will be
introduced to the public in August of 2000 with a
series of public workshops to be held in each
jurisdiction in the fall. After public review, the
Negotiation Team will provide final
recommendations to the Bay Program's committees
eventually to be shared with the Bay Program's
Executive Council (the Governors of Maryland,
Virginia and Pennsylvania, the Mayor of
Washington, DC, the Administrator of EPA, and
the Chair of the Chesapeake Bay Commission) for
consideration and adoption.

Relation to Other Trading Efforts
in the Chesapeake Bay

While the Negotiation Team is working to develop a
consistent approach to trading across the Bay
watershed, it is recognized that there are the
following parallel efforts involving trading occurring
in the individual jurisdictions:

In Virginia: The Virginia Water Quality Improvement
Act includes a clause which requires investigation
of trading as a means to meet its goals. Virginia is
developing guidelines for market-based incentives
(possibly to include trading) as part of its point
source nutrient reduction effort.

In Maryland: The Water Environment Research
Federation (WERF) has awarded a grant to Hagler

Bailly to analyze the issues involved in developing
a nutrient trading program in Maryland. In
addition, the Maryland Department of
Environment developed a trading concept paper in
August of 1997.

In Pennsylvania: Completed in 1999, EPA
sponsored a project which simulated trading
programs in PA for several Bay basins for which
TMDLs have been developed. The state
legislature endorsed a resolution expressing
interest in pursuing trading on 2/9/00.

These efforts will be complementary to, and
coordinated with to the extend possible, the
work of the Negotiation Team.

The Chesapeake Bay Program

The Chesapeake Bay Program is a unique regional
partnership which has been directing and
conducting the restoration of the Chesapeake Bay
since 1983. The Chesapeake Bay Program
partners include the states of MD, PA, and VA,
the District of Columbia, the Chesapeake Bay
Commission, a tri-state legislative body, and the
Environmental Protection Agency. The
Chesapeake Bay Agreement of 1987 included in it
a landmark goal of reducing the amount of
nutrients coming into the Bay by 40% from 1985
levels by the year 2000. Since then, the Bay
jurisdictions have worked vigorously in developing
programs to achieve this goal. Nutrient trading is
viewed as one possible tool in attaining this goal.

Questions regarding information in this newsletter
can be directed to Allison Wiedeman @ 410-267-
5733 or Waldon Kerns @ 540-231-5995.

Trading/towgnews8/2/00


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