Ohio Administrative Code|Rule 3745-5-06 | Requirements for a water quality trading management plan application.

                                                
(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.
(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.
(b) A TMDL area.
(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) 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)(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 which
			 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.
(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.
(c) 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)(13), and (C)(1) to (C)(4) of this
		  rule, an application for watershed trading shall include the
		  following:
(1) 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.
(2) A map which
			 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.