La. Admin. Code tit. 33 § IX-2619

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-2619 - Requirements for Credits

A. The department may authorize two types of credits dependent on the credit baseline.

1. Long-term credits shall be available above the credit baseline so long as the project that generates the credit is maintained and meets performance standards.

2. Interim credits shall be available for nonpoint sources to reach the load allocation of a TMDL for up to five years.

B. Credits used for compliance with an LPDES permit shall be generated within the trading area of an approved WQT plan.

C. If trading is anticipated, an approved WQT plan shall be submitted as part of a permit application or department action. Effluent limitations, BMPs, and other requirements from an approved WQT plan shall be included as part of the permit conditions to make the terms of the trade enforceable.

D. A credit may not be used to meet a regulatory obligation by more than one entity at any given time.

E. Credit-generating projects shall go through project review, be in place, and be producing water quality benefits during the same time period(s) defined for compliance in an LPDES permit or other regulatory instrument.

F. Credits may be generated and used as long as pollution controls or practices are maintained and project review confirms that they are functioning as expected.

G. Credits shall be calculated using best available science, tools, and methodologies, including adjustment by (an) appropriate trading ratio(s).

H. Credit-generating projects may include water quality benefits obtained with public conservation funds unless otherwise prohibited by the terms and conditions of the public funded project. Funding in part by prohibited public conservation funds shall be prorated based on the ratio of nonprohibited funding used to generate credits.

I. Credits may be generated from BMPs installed before the department approves a WQT plan.

J. Credits may be purchased for the purposes of meeting compliance obligations, restoration, and protection and maintenance of water quality.

K. The acquisition of credits for compliance purposes does not eliminate any requirement to comply with local, state, and federal water quality requirements.

L. Credits shall be purchased prior to any compliance date in the permit in sufficient number to cover even the worst case scenarios for unexpected environmental conditions (e.g., low river flows) or discharges.

M. LPDES permits may contain conditions on the use of certified credits, including:

1. the extent that the requirement of the permit may be satisfied with certified credits;

2. when and from what source(s) certified credits may be acquired by the permittee; and

3. requiring periodic monitoring of installed BMPs to verify credit generation/water quality improvements.

La. Admin. Code tit. 33, § IX-2619

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 451467 (10/1/2019), Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 47875 (7/1/2021).

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