This might be the first good thing to be coming out of the EPA in quite some time. via Will Wheeler on twitter:
EPA is soliciting comment on issues related to water quality trading ... (looks like the http://regs.gov docket is not live, but that just means you have more time)
Here is the link: https://www.epa.gov/sites/production/files/2019-09/documents/water_quality_trading_under_the_npdes_program-signed_pre-pub.pdf
Here is the summary at the beginning of the document:
The Environmental Protection Agency (EPA) is requesting comment on policy approaches for addressing “baseline” issues in watersheds with EPA-approved Total Maximum
Daily Loads (TMDLs) where policy makers would like to pursue water quality trading as a regulatory option for National Pollutant Discharge Elimination System (NPDES) permit compliance. These policy approaches may also be of interest to stakeholders pursuing marketbased water quality improvement programs outside of the NPDES permit program.
And the end:
The EPA is considering modifying or clarifying existing EPA policy and guidance on water quality trading to remove unnecessary barriers and better support market-based mechanisms, including water quality trading, consistent with the 2019 Memorandum. The EPA is requesting comment from states, tribes, stakeholders and other members of the public on all aspects of this notice. In particular, the Agency is requesting comment on:
- The proposed approaches described in Section III, including preferences between the approaches and the recommended mechanisms to implement those approaches;
- Other policy ideas or enhancements that could help promote or facilitate market-based programs to improve water quality; and
- Other aspects of the 2003 Policy and the 2019 Memorandum (including potential conflicting or ambiguous policy advice) that may benefit from additional policy or clarification from the EPA.