Lawriter - OAC - 3745-5-10 Trading ratios.

3745-5-10 Trading ratios.

(A) For water quality trading activities between two permittees, a water quality credit shall be calculated using the trading ratio, where one pound of pollutant reduction equals one pound of water quality credit for that pollutant.

(B) For water quality trading activities between a permittee and a nonpoint source, the water quality credit shall satisfy either of the following:

(1) When there is not an approved TMDL, be calculated using a trading ratio where two pounds of pollutant reduction equals one pound of water quality credit for that pollutant.

(2) When there is an approved TMDL, be calculated using a trading ratio where three pounds of pollutant reduction equals one pound of water quality credit for that pollutant.

(C) The director may consider and impose alternate trading ratios that satisfy any of the following:

(1) Consider field monitoring and observations.

(2) Consider water quality survey results.

(3) Consider the ability of habitat restoration projects to achieve additional environmental benefits beyond pollutant reductions.

(4) Consider project-specific information.

(5) In the case of cross-pollutant trading, consider a project-specific modeling study that establishes an equivalency between the pollutants being traded.

(6) Protect water quality standards.

(7) Are based on additional information the director deems necessary to justify departure from the trading ratios set forth in paragraphs (A) and (B) of this rule.

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