Pennsylvania's Nutrient Trading Program: Legal Issues and Challenges analysis by the National Sea Grant Law Center

In December 2006, Pennsylvania approved a nutrient trading policy to allow point sources of pollution (primarily wastewater treatment plants) to offset pollution discharges by purchasing “credits” from other facilities or non-point sources such as farmers. Pennsylvania is one of the few states attempting to develop policies that foster water quality credit trading involving non-point sources on a wider basis.
At the request of the EPA's Chesapeake Bay Program’s Scientific and Technical Advisory Committee (STAC), the National Sea Grant Law Center investigated the legal issues that may emerge as Pennsylvania begins to implement this policy. The center's conclusions are summarized in this document.