Contech® Engineered Solutions, LLC (Contech) is pleased to provide comments on the Agency’s proposed regulatory action establishing regulations for the Certification of Nonpoint Source Nutrient Credits, 9VAC25-900. This compliance tool has previously been implemented through guidance and codifying rules surrounding the use of nonpoint source nutrient credits should ensure consistent procedures are followed. Program consistency will also help provide additional credibility around the use of this tool as a means to improving water quality. Contech would like to present the following for the Department’s consideration:

1. We appreciate that the definition of a structural best management practice (BMP) in 9VAC25-900-10 continues to reflect the ability of manufactured treatment devices (MTDs) to participate as a credit generating practice.

2. It’s important that local water quality not be allowed to further degrade under these regulations. Therefore, we recommend language be inserted within 9VAC25-900-90 that more closely resembles that which is found in the water quality design criteria requirements of 9VAC25-870-63. It states in part, “nothing in this section shall prohibit a locality's VSMP authority from establishing more stringent water quality design criteria requirements in accordance with § 62.1-44.15:33 of the Code of Virginia.” We feel strongly that local programs should be able determine for themselves whether the use of nutrient credits is helpful to their long-term compliance strategy.

3. We support the long-term operation and maintenance requirements found in 9VAC25-900-120 as all BMPs require maintenance to function correctly.

4. We support the recordkeeping requirements found in 9VAC25-900-150 as yearly reports will improve the transparency of the program.

Contech appreciates the enormous effort put forth to promulgate these revised regulations. The use of nutrient credits can be an effective water quality compliance tool so long as the appropriate checks and balances are in place. These regulations strive to accomplish that goal and should create additional transparency, consistency, and clarity within the program, which in turn should improve both the implementation of and the public trust in the program. Please do not hesitate to contact me with any additional questions. Thank you once again for this opportunity to provide public comment.