Current through Register Vol. 63, No. 12, December 1, 2024
(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.
Stat. Auth.: ORS
468.020,
468B.020,
468B.030,
468B.035,
468B.555
Stats. Implemented: ORS
468B.555
