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EPA Issues Guidance Updating Water Quality Trading Policy

By Brooks Smith, Shannon Varner & Patrick Fanning on February 8, 2019
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On February 6, 2018, David Ross, EPA’s Assistant Administrator for the Office of Water issued a new guidance memorandum updating the Agency’s Water Quality Trading Policy.  The new guidance strongly supports and promotes trading and flexibility and clarifies EPA’s previous guidance, stating, for example, that its 2003 Water Quality Trading Policy “may be too prescriptive to be widely effective and implementable.”  The guidance announces six “Market-Based Principles” designed to encourage and promote the development and implementation of market-based pollutant reduction programs.  The six principles include:

  • States, tribes, and stakeholders should consider implementing water quality trading and other market-based programs on a watershed scale
  • The EPA encourages the use of adaptive management strategies for implementing market-based programs
  • Water quality credits and offsets may be banked for future use
  • The EPA encourages simplicity and flexibility in implementing baseline concepts
  • A single project may generate credits for multiple markets
  • Financing opportunities exist to assist with deployment of nonpoint land use practices

EPA elaborates on each principle in the memorandum and hopes that the principles provide ideas and opportunities for states, tribes, and stakeholders to consider as they develop market-based water quality improvement policies.

EPA’s memorandum is available here.

Brooks Smith, Shannon Varner, and Patrick Fanning have extensive experience in water quality trading. Please contact them with any questions regarding EPA’s new guidance.

Photo of Brooks Smith Brooks Smith

Nationally recognized as a leader in the law, Brooks is involved in cutting-edge environmental and natural resources proceedings in Virginia and around the U.S., including litigation, enforcement defense, project development, and compliance counseling.

Read more about Brooks SmithEmailBrooks's Linkedin Profile
Photo of Shannon Varner Shannon Varner

Shannon’s blend of legislative work, public service, and decades of experience positions him to provide innovative strategies to address environmental issues ranging from development of market-based environmental compliance programs to facilitation of property transactions while limiting liability exposure.

Read more about Shannon VarnerEmail
  • Posted in:
    Environmental and Climate
  • Blog:
    Environmental Law & Policy Monitor
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

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