16270603, 62-306.100 - Florida Administrative Rules, Law, Code, Register

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Notice: 16270603

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

WATER QUALITY CREDIT TRADING

Overview

RULE:

62-306.100	Scope and Intent
62-306.200	Definitions
62-306.300	General Requirements
62-306.400	Credit Eligibility
62-306.500	Pre-Approval of Credit Generation
62-306.600	Use of Credits and Credit Adjustments
62-306.700	Water Quality Credit Availability and Trade Tracking
62-306.800	Compliance with Trade Provisions

PURPOSE:

The proposed rule revisions update the Water Quality Credit Trading Rule in Chapter 62-306, F.A.C., pursuant to Chapter 2013-146, Laws of Florida. Chapter 62-306 was adopted in 2010 to establish the requirements for a pilot water quality credit trading (WQCT) program among pollutant sources in the Lower St. Johns River Basin.  Chapter 2013-146, Laws of Florida, revised Section 403.067 to, among other things, eliminate the requirement that WQCT water quality credit trading be limited to the Lower St. Johns River Basin and authorized the Department to implement WQCT in basins with adopted basin management action plans (BMAPs) or reasonable assurance plans (RAPs).  This rulemaking is intended to amend Chapter 62-306, F.A.C., consistent with the statutory changes, as well as update the rules to reflect knowledge gained during implementation of the pilot program.
In addition to expanding the scope of the program, the proposed rule revisions 1) allow  trades between two nonpoint sources, in which case trades are authorized by revision of the applicable BMAP or RAP, 2) require that, to allow trading, the BMAP or RAP include detailed allocations to point sources and detailed or categorical allocations to nonpoint sources, 3) allow trading within the boundaries of hydrologically-connected BMAPs or RAPs, 4) establish a process for credit generators to submit information to obtain pre-approval of the generation of credits, and 5) clarify that Uncertainty Factors are not required when estimating credits if the nutrient reduction capability of the proposed activity has been established in the BMAP or RAP.

SUMMARY:

Water Quality Credit Trading is a voluntary program that provides entities the option of meeting their required pollutant load reductions under BMAPs or RAPs in a more effective, cost efficient manner by purchasing credits from other sources that have reduced their load by more than required under the BMAP or RAP. Credits are only generated when a water quality credit seller’s load is reduced below the baseline allocation established for the entity. Sellers of water quality credits are responsible for achieving the load reductions on which the credits are based and complying with the terms of their permit, if applicable, and any trading agreements into which they may have entered. Buyers of water quality credits are responsible for complying with all terms of their permit, and in the event that credits purchased are determined to be invalid, the invalidation of credits shall be addressed pursuant to paragraph 403.067(8)(g), F.S.
The Department conducted an initial set of public workshops on August 20 and August 27, 2014, in Tallahassee and Palm Bay, respectively, followed by public workshops on January 14 and January 15, 2015, in Orlando and Tallahassee, respectively.

RULEMAKING AUTHORITY:

403.067(9) F.S.

LAW:

403.067(8)-(10) F.S.

PRINT PUBLISH DATE:

8/14/2015 Vol. 41/158

COMMENTS:

From 8/14/2015 To 9/4/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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