Advances in water quality trading as a flexible compliance tool : a special publication / Water Environment Federation.

Format:

Book

Contributor:

Water Environment Federation, issuing body.

Language:

English

Subjects (All):

Water quality management.

Water quality trading.

Water quality trading--United States--Case studies.

Water quality trading--Canada--Case studies.

Physical Description:

1 online resource (xxviii, 342 pages) : illustrations, maps

Place of Publication:

Alexandria, Virginia : Water Environment Federation, 2015.

Summary:

Advances in Water Quality Trading as a Flexible Compliance Tool explores the status of water quality trading and recent changes in the industry and is a guide for implementing and using water quality trading for regulatory compliance purposes. Topics such as current legal and regulatory challenges, in depth case studies, and future applications are discussed in detail. This book offers a look at where and how optimizing investments in water quality through trading are unfolding. Municipalities, industries, agencies, and environmental organizations all benefit from this guidance.

Contents:

Intro

Title Page

Copyright

Contents

List of Figures

List of Tables

Preface

Chapter 1 Introduction, History, and Concept G. Tracy Mehan, III

1.0 INTRODUCTION

1.1 U.S. Environmental Protection Agency's 2003 Water Quality Trading Policy

1.2 Water Environment Federation's 2006 Water Quality Trading Guide

1.3 Why Another Volume on Water Quality Trading Now? A Preview

1.4 Challenges to Adoption and Implementation of Water Quality Trading

1.5 A Pressing Need for Water Quality Trading

2.0 A BRIEF HISTORY OF THE TRADING CONCEPT

2.1 Water Markets in the West

2.2 Acid Rain Trading and Phase-Out of Lead in Gasoline

3.0 GENERAL CONCEPTS OF RELEVANCE TO WATER QUALITY TRADING

3.1 Sound Program Design and Implementation

3.2 Multiple Environmental Benefits and Water Quality Trading

3.3 Hope, Realism, and Managing Expectations

4.0 REFERENCES

Chapter 2 Elements Affecting the Water Sector of Water Quality Trading-Point Sources and Nonpoint Sources Charles Logue, P.E. and Brent Fewell

1.0 HISTORY OF POINT- AND NON-POINT-SOURCE TRADING

1.1 History of Water Pollutant Trading

1.2 Federal-State Partnership

1.2.1 1996 and 2003 U.S. Environmental Protection Agency Policy

1.2.2 U.S. Department of Agriculture Efforts

1.2.3 State Policies and Regulations

2.0 WATER QUALITY TRADING FRAMEWORK

2.1 Types of Trading Programs/Partners

2.2 Regulatory Drivers

2.3 Elements of Enforceable Trade

2.3.1 Compliance with the Clean Water Act

2.3.2 Quality and Duration of Credits

2.3.3 Baseline Concept and Its Importance

2.3.4 Trading Ratios

3.0 BENEFITS AND RISKS OF TRADING PROGRAMS

3.1 Benefits of Trading

3.2 Risks of Trading

4.0 INSTITUTIONAL CHALLENGES AND BARRIERS

4.1 Strict Compliance Versus Maximum Extent Practicable.

4.2 Actual Load Reductions Versus Modeled Load Reductions

4.3 Risk-Averse Nature of Public Utilities and Local/State Governments

4.4 Equitable Considerations

5.0 REFERENCES

6.0 SUGGESTED READING

Chapter 3 Current Policy Directions Cy Jones and Mindy Selman

2.0 FEDERAL WATER QUALITY TRADING POLICY AND GUIDANCE, 2013-2014

2.1 National Policy Development

2.1.1 2011-2012 U.S. Environmental Protection Agency Regulatory Review

2.1.2 Other Current Activity

2.1.2.1 U.S. Environmental Protection Agency and U.S. Department of Agriculture Memorandum of Understanding, 2013

2.1.2.2 Office of Environmental Markets, U.S. Department of Agriculture

2.1.2.3 New Stormwater Rule and Trading

2.2 U.S. Environmental Protection Agency Regional Policy Development

2.2.1 Sector Load Growth Demonstration

2.2.2 Accounting for Uncertainty in Offset and Trading Programs

2.2.3 Components of Credit Calculation

2.2.4 Local Water Quality Protection When Using Credits for National Pollutant Discharge Elimination System Permit Issuance and Compliance

3.0 NONFEDERAL DEVELOPMENT OF POLICY RECOMMENDATIONS

3.1 National Network on Water Quality Trading

3.2 Pacific Northwest Joint Regional Statement

4.0 SUMMARY AND CONCLUSIONS

Chapter 4 Financial, Environmental, and Social Effects of Water Quality Trading Ann Sorensen and Benjamin Maloney

1.0 BACKGROUND AND PURPOSE

2.0 FINANCIAL EFFECTS

2.1 Factors that Influence Market Activity and Financial Outcomes

2.2 Does Water Quality Trading Reduce the Cost of Compliance with Water Quality Based Requirements?

2.3 Can Trading between Point Sources Generate Savings?

2.4 Does Trading between Point Sources and Nonpoint Sources Meet Expectations of Cost-Effectiveness?

2.5 Does the Type of Market Matter?.

2.6 Does the Type of Credit Matter?

2.7 Are Regulatory Drivers Necessary for Trading Activity?

2.8 Does It Matter if Trading Systems Are Open or Closed?

3.0 ENVIRONMENTAL EFFECTS

3.1 Tying Water Quality Trading to Water Quality Improvements

3.2 Encouraging Early Progress toward Meeting Water Quality Standards

3.3 Achieving Greater Environmental Benefits for the Watershed

3.4 Securing Long-Term Improvements in Water Quality (Retirement of Credits)

3.5 Encouraging Watershed-Based Approaches

3.6 Providing Flexibility

3.7 Increasing the Effectiveness of Voluntary Incentives and Fostering Technical Innovation

3.8 Avoiding Environmental Justice Effects

4.0 SOCIAL EFFECTS

4.1 Encouraging Productive Dialogue

4.2 Allowing for Greater Flexibility

4.3 Offsetting New Discharges to Maintain Water Quality and Allow New Growth

4.4 Achieving Other Social Benefits

5.0 CONCLUSIONS

6.0 REFERENCES

7.0 SUGGESTED READINGS

Chapter 5 Legal Challenges to Trading T.J. Mascia, Brooks M. Smith, Joe Furia, Karin Power, and Tim Wigington

1.0 SOURCES OF AUTHORITY FOR, AND LIMITATIONS ON, WATER QUALITY TRADING

1.1 Limits on Discharges under the Clean Water Act: Technology-Based Effluent Limitations and Water Quality Based Effluent Limitations

1.1.1 Technology-Based Effluent Limitations

1.1.2 Water Quality Based Effluent Limitations

1.1.3 Implementing Technology-Based Effluent Limitations and Water Quality Based Effluent Limitations: National Pollutant Discharge Elimination System Permits

1.2 Impairment Listings, Total Maximum Daily Loads, and Total Maximum Daily Load Alternatives

1.3 Key Federal Regulations Affecting Water Quality Trading

1.4 Antibacksliding and Antidegradation

1.4.1 Antibacksliding

1.4.2 Antidegradation

1.5 U.S. Environmental Protection Agency Water Quality Trading Policy.

1.6 State Laws, Regulations, and Guidance

2.0 KEY CASE LAW AFFECTING WATER QUALITY TRADING

2.1 Arkansas v Oklahoma, 503 U.S. 91 (1992)

2.2 In re Cities of Annandale &amp

Maple Lake, 731 N.W.2d 502 (Minn. 2007)

2.3 Friends of Pinto Creek v U.S. Environmental Protection Agency, 504 F.3d 1007 (9th Cir. 2007)

2.4 Food &amp

Water Watch v U.S. Environmental Protection Agency, No. 12-1639 (RC) 2013 U.S. Dist. LEXIS 174430 (D.D.C. Dec. 13, 2013)

3.0 CONTEXTUAL ANALYSIS OF LEGAL CHALLENGES AND IMPEDIMENTS TO WATER QUALITY TRADING

3.1 If Trading Is Opposed, How Can It Be Challenged?

3.2 To Guard against Challenge, Sources Can Design Trades to Ensure Compliance with 40 C.F.R. 122.4 and 122.44

3.3 How Can Trading Receive Widespread Support by Advancing the Goals and Objectives of the Clean Water Act?

4.0 MECHANISMS TO IMPROVE LEGAL DEFENSIBILITY OF WATER QUALITY TRADING

4.1 Specific State Statutory Authority and Enforceable Implementation Detail

4.2 Watershed-Based Permitting

4.3 Total Maximum Daily Loads with Explicit Authorization for Water Quality Trading and Strong Trading-Related Direction for Implementation

4.4 Rigorous Accountability Framework

4.5 "Reasonable Further Progress" toward Restoration Goals and Objectives

5.0 NEXT GENERATION OPPORTUNITIES

5.1 Consensus Framework and Standards for Water Quality Trading

5.2 Targeted Changes to U.S. Environmental Protection Agency Regulations

5.3 Reaffirmation of Water Quality Trading Policy with Further Clarification and Detail on Key Issues

Chapter 6 The Future of Water Quality Trading Robert A. Weimar, P.E., BCEE

Seth Brown

and Brandon C. Vatter

2.0 INTEGRATED WATERSHED MANAGEMENT WILL FACILITATE WATER QUALITY TRADING IN THE FUTURE.

2.1 Water Quality Trading Will Become Inextricably Intertwined with Total Maximum Daily Loads and Integrated Watershed Management

2.2 Water Quality Trading Will Become Inextricably Intertwined with Stormwater and Integrated Watershed Management

2.3 Stormwater and Water Quality Trading Today

2.3.1 Stormwater Inter-Entity Trading-Chesapeake Bay Total Maximum Daily Load

2.3.2 Stormwater Intra-Entity Trading-Stormwater Trading in the District of Columbia and Beyond

2.3.2.1 District of Columbia Stormwater Volume Trading Program

2.3.2.2 Other Market-Based Programs

2.3.3 Conclusion

3.0 THE NEW WATERSHED TOOLBOX

3.1 Governance Tools: Establishment of Watershed Districts for Everyone's Environmental Benefit

3.1.1 Creation of Watershed Districts

3.1.2 Creation of Stormwater Districts

3.1.3 State-Wide Rules to Establish Local Minimum Standards for Stormwater Runoff Quality

3.1.4 Conservation Districts

3.1.5 Real Estate Fees

3.1.6 Private Owner Watershed Training and Education Programs: Public Benefit from Private Actions

3.1.7 Educating the Public: Programs from Kindergarten to Adult Education

3.2 Regulatory Enforcement Tools: Legal Tools to Facilitate Trading

3.2.1 National Pollutant Discharge Elimination System Permits in Place of Consent Orders

3.2.2 Watershed Permits

3.2.3 Is a Stormwater Rule Needed if Integrated Waste Management Is Practiced?

3.2.4 Use of Watershed Water Quality Impact Fees

3.3 Maintenance of Pollution Control Tools: A Public Collaboration Lexicon

3.3.1 Green Infrastructure Becomes the Norm-Dedicated Funding Sources

3.3.2 Optimizing the Public-Private Maintenance Workforce

3.3.3 Generating Public Commitment to Water Quality Features

4.0 ACHIEVING WIDESPREAD USE OF WATER QUALITY TRADING TOOLS: SHOWING HOW THE TOOLS BENEFIT THE PUBLIC.

4.1 Watershed-Wide Water Quality Monitoring to Continuously Inform.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-57278-323-0

1-5231-0292-6