La. Admin. Code tit. 33 § IX-2611

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

Section IX-2611 - Requirements for Trading Baselines

A. The requirements that comprise a trading baseline may be derived from:

1. technology-based effluent limit or water quality based effluent limits, whichever is more stringent, for point-point source trades that does not include surplus discharge capacity;

2. LPDES permit requirements;

3. requirements of a federal land management plan, or an agreement between a federal agency and the state;

4. tribal laws, rules, or permits;

5. projects completed as part of supplemental environmental projects or projects required under a permit;

6. regulatory requirements that a designated management agency establishes to comply with a department-issued TMDL, water quality management plan, or another water pollution control plan adopted by rule or issued by order under the department;

7. other federal, state, and local rules or laws that establish affirmative requirements for individual nonpoint sources; and

8. existing conditions where no TMDL/TMDL alternative exists.

B. Trading baselines shall:

1. include a specific base year that specifies when credit-generating projects may begin; and

2. specify any applicable pollution control requirements that may need to be implemented to meet baseline requirements prior to generating credits.

C. BMPs required to meet baseline requirements and BMPs used to generate additional water quality benefits and trade credits may be installed simultaneously.

La. Admin. Code tit. 33, § IX-2611

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 451466 (10/1/2019).

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