La. Admin. Code tit. 33 § IX-2607

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-2607 - Requirements of a Water Quality Trading Plan

A. If a previously authorized watershed trading framework exists (see LAC 33:IX.2609), and is applicable, a WQT plan shall be consistent with the watershed trading framework. A WQT plan may reference the watershed trading framework or components within the watershed trading framework.

B. Absent a watershed trading framework, a permits WQT plan shall include the following components, as appropriate, and shall describe how they were derived:

1. the parameter(s) for trading that is being proposed, the number of credits needed, and any credit generation milestones, including a schedule for credit generation;

2. the trading area, including justification and how it is protective of the relevant designated uses;

3. trading baseline, including identification of any applicable requirements that apply within the trading area and shall be implemented to achieve baseline requirements (the WQT plan shall also identify sources of applicable regulation or law);

4. credit-generating projects, including quality and performance standards for those actions, and if necessary, additional criteria for project site design, maintenance, and stewardship;

5. description of credit quantification methodology, including how pre- and post-project conditions are modeled or measured, the assumptions and inputs used to derive the number of credits, and how baseline will be accounted for;

6. monitoring and reporting requirements, including parameters to be monitored, monitoring frequency, type of sample required, physical form of the report, and any other trading-related monitoring that may be appropriate in addition to Clean Water Act (CWA) monitoring requirements;

7. trading ratios, including description of the basis and assumptions supporting each trading ratio and whether it affects the size of the credit obligation or the number of credits generated from an individual trading project;

8. other mechanisms to mitigate risk of insufficient credit generation, including a reserve pool, insurance, performance bonding, etc. as well as justification for the selection and application of the given mechanisms;

9. credit life information, including when credits became valid, how long credits remain valid, and renewability of credits;

10. requirements for review of project site implementation and performance, and the entity that will perform the review, review frequency and content, and the performance standards that are evaluated; and

11. adaptive management (WQT plans shall include a description of how monitoring and other information may be used over time to adjust trading projects and under what circumstances).

C. A WQT plan must be public noticed and approved by LDEQ prior to inclusion in a LPDES application, application addendum, or request for permit modification. The conditions set forth in LAC 33:IX.3113 and 6521 for public notice and the public comment period shall apply to WQT plans submitted in accordance with these regulations. The department may amend the WQT plan or require amendments prior to approval.

D. WQT Plan Revision. An approved WQT plan shall be reviewed and revised whenever an LPDES permit is renewed or modified, or if there is a change in circumstances that affects a WQT plan element. Revised WQT plans shall be submitted to the department for review and approval, and shall be shared publicly for notice and comment. If approved, the department will incorporate the revised plan into the LPDES permit.

E. Annual Report. The permittee shall submit an annual report to the department that describes the WQT plan implementation and performance over the past year. The department shall make the annual report readily available to the public.

La. Admin. Code tit. 33, § IX-2607

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 451465 (10/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2074(B)(9).