Nutrient Trading and Act 335

February 22, 2018

Beaver Watershed Alliance - Speaker's Series

Nutrient Trading and Act 335 - Allan Gates, Mitchell Williams Law Firm Attorney - Speaker

Thursday, February 22 - Program 12:00 Noon - 1 p.m. - Networking and FREE lunch offered.

Arvest Ballpark Community Room

3000 Gene George Blvd,

Springdale, AR

The February Speaker Series will be held Thursday, February 22, 2018 at the Community Room at Arvest Ballpark. Networking and lunch will be from 11:30 am to noon, and the presentation will be from noon to 1 pm.

The presentation will discuss the proposed nutrient water quality trading regulation that would allow implementation of the concept as a tool to help improve the water environment in Arkansas. Nutrient trading is a form of exchange (buying & selling) of nutrient reduction credits. These credits have a monetary value that may be paid to the seller for installing Best Management Practices (BMPs) to reduce nitrogen or phosphorous. In general, water quality trading utilizes a market-based approach that allows one source to maintain its regulatory obligations by using pollution reductions created by another source.

The costs associated with removing nutrients from a point source can be significant. Non-point source discharges may often be reduced at a lower cost on a pollutant basis than the point source discharges. Therefore, trading programs may allow facilities facing higher pollution costs to meet that regulatory obligation by purchasing environmental equivalent (or superior) pollution reductions from another source at a lower cost.

 Presentation by Allan Gates, Environmental Attorney, Mitchell, Williams, Selig, Gates & Woodyard, PLLC. Please RSVP to the Beaver Watershed Alliance at (479) 750-8007 or


Legislation enacted in the 90th Arkansas General Assembly provided ADEQ and the Arkansas Pollution Control and Ecology Commission the authority to establish and regulate water quality trading in the state. The legislation also provided for the establishment of a Nutrient Water Quality Trading Advisory Panel.

A number of areas in the country are utilizing water quality trading as one approach to address water quality goals. Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permits issued at both the federal and state level are increasingly including more stringent limits applicable to the discharge of nutrients such as phosphorus or nitrogen.