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.