(A) A
water quality
trading management plan application shall
satisfy all
of the following:
(1) Be in narrative
form
;
.
(2)
Include forms specified by the
director
;
and
.
(3) Include additional information as the
director deems necessary, such as memoranda of understanding or other
agreements between persons participating in the trading activities or between
Ohio EPA and persons participating in the trading activities, land use plans,
or other watershed-based agreements.
(B) When
point source trading occurs between
permittees, the water quality trading management plan application shall
meet all of the following requirements:
(1) Be submitted as part of each permittee's
NPDES permit application
or by the permittees at any
time during the term of each permittee's NPDES permit. Such applications shall
be submitted as proposed modifications of the respective NPDES permits.
Applications for a water quality trading management plan by two or more point
sources shall be submitted at approximately the same time.
;
(2)
Include a statement of purpose
;
.
(3)
Include a map of the entire
water quality trading area that identifies and
delineates
all of the following that apply:
(a) The boundaries of all receiving
waters
;
.
(c) The
entire
watershed area where
trading will occur
;
.
(4) Identify all permittees
participating in the
trading activity at the time the
water quality trading
management plan is submitted along with the names of responsible contact
persons
;
.
(5)
Include a list of pollutants being proposed for
water quality trading
;
.
(6) Include an assessment of all readily
available information of the existing water quality, along with a comparison to
water quality standards for the receiving waters,
TMDL area or watershed where
trading will occur
;
.
(7)
Provide justification for all
trading ratios, in accordance with this
chapter
;
.
(8)
Identify any pollutant-specific cap, wasteload allocations or load allocations
that have been developed
;
.
(9) In
accordance with this chapter, provide justification for all water quality
baselines for the generation of water quality credits for all sources
participating in the
trading activity, as well as the procedures used to
determine the baselines
;
.
(10)
Describe the
water quality trading activities
;
.
(11) Include a schedule for implementing the
trading activity
;
.
(12) In
accordance with rule
3745-5-13
of the Administrative Code, describe the process for public participation
throughout the development, implementation and revision of the
trading
activities
;
.
(13) In accordance with rule
3745-5-14
of the Administrative Code, include a schedule for conducting ambient water
quality monitoring to determine if there have been negative impacts to water
quality and to document the presence or absence of improvements in water
quality; and
(14)
(13) Include
corrective measures, should any negotiated water quality credit not be
produced.
(C) In
addition to meeting all requirements in paragraphs (A) and (B)(1) to
(B)(14)
(B)
(13) of this rule, when
point source-
nonpoint source trading occurs
between one permittee and one or more nonpoint sources, the water quality
trading management plan application shall also
include
all of the following:
(1) Identify other
persons, organizations, agencies and qualified soil and water conservation
professionals responsible for implementing the proposal
;
.
(2) Describe current and projected land use
activities within the area where
trading will occur
;
.
(3) Include a map
on which
is
identified
identifies all hydrologic
assessment units where nonpoint sources that might participate in the
water
quality trading activities are located. The hydrologic assessment units shall
be identified using either the ten digit or twelve digit hydrologic unit code
as appropriate for the size of the
water quality trading area
; and
.
(4) Include a list that illustrates the range
of BMPs anticipated to be used in the
trading activity, including the frequency
for
all of the following:
(a) Conducting field inspections
and verifications of any
BMP
;
.
(b) Assessing the pollutant removal rates and
the load reductions for each
BMP
;
and
.
(c)
Collecting
If required by
the director, collecting water quality monitoring data for evaluating
BMP
effectiveness.
(D) In addition to meeting all the
requirements in paragraphs (A), (B)(2) to
(B)(14)
(B)(13), and
(C)(1) to (C)(4) of this rule, an application for
watershed trading shall
include the following:
[Comment: Watershed trading means
water quality trading activities within an area that occur between two or more
permittees and one or more nonpoint sources.]
(1)
Include
all
All water quality baselines,
developed in accordance with this chapter, for the generation of water quality
credits for all sources anticipated to participate in the plan, as well as the
procedures used to determine the baselines
;
and
.
(2)
Include
a
A map
on which
is
identified
identifies all hydrologic
assessment units where nonpoint sources that might participate in the
water
quality trading activities are located. The hydrologic assessment units shall
be identified using either the ten digit or twelve digit hydrologic unit code
as appropriate for the size of the
water quality trading area.
[Comment: Watershed trading means water
quality trading activities within an area that occur between two or more
permittees and one or more nonpoint sources.]
(E)
The
director may require a schedule for conducting ambient water quality monitoring
to determine if there have been negative impacts to water quality and to
document the presence or absence of improvements in water quality. If required,
ambient water quality monitoring shall be conducted in accordance with rule
3745-5-14
of the Administrative Code.
Notes
Ohio Admin. Code 3745-5-06
Effective:
5/11/2018
Five Year Review (FYR) Dates:
2/22/2018 and
05/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 6111.03,
6111.04
Rule
Amplifies: 6111.03,
6111.04
Prior
Effective Dates: 01/01/2007, 11/01/2012