Or. Admin. Code § 340-039-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-039-0015 - Eligibility

(1) An entity regulated by a National Pollutant Discharge Elimination System (NPDES) permit or a federal permit or license for which DEQ has issued a water quality certification pursuant to Clean Water Act section 401 and OAR chapter 340, division 048 (a "401 water quality certification") is eligible to enter into a trade.

(2) Water quality parameters eligible for water quality trading:

(a) DEQ may authorize water quality trading for the following water quality parameters: temperature, ammonia, sediment, total suspended solids, and nutrients and other oxygen-demanding substances, including biochemical oxygen demand.

(b) Water quality trading for pollutants that are toxic and either persist in the environment or accumulate in the tissues of humans, fish, wildlife or plants is prohibited, except if trading is an element of a pollution reduction plan in a variance that has been issued by DEQ or the EQC and approved by EPA pursuant to OAR 340-041-0059.

(c) Water quality trading authorized under this division may not be used to meet technology-based effluent limitations.

(d) DEQ may authorize trading for other water quality parameters on a case-by-case basis provided it does not cause or contribute to an exceedance of a water quality standard.

(3) Water bodies where trading may occur:

(a) High quality waters. DEQ may authorize trading to maintain or improve water quality in water bodies that meet water quality standards, including but not limited to, trading projects designed to offset new or increased pollutant loads.

(b) Water quality limited waters. DEQ may authorize trading where it is consistent with the water quality management plan in a TMDL or other water pollution control plan adopted by rule or issued by order under ORS 468B.015 or 468B.110, or in water bodies:

(A) That are water quality limited but not subject to a TMDL; or

(B) Where trading projects are designed to achieve progress towards meeting water quality standards before or while a TMDL is being developed.

(4) BMPs eligible for credit generation must be quantifiable and have BMP quality standards.

Or. Admin. Code § 340-039-0015

DEQ 15-2015, f. & cert. ef. 12/10/2015

Stat. Auth.: ORS 468.020, 468B.020, 468B.030, 468B.035, 468B.555

Stats. Implemented: ORS 468B.555