Vermont § 923 - Quantification of pollution reduction; clean water projects

§ 923. Quantification of pollution reduction; clean water projects

• (a) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for calculating pollution reduction values
  associated with a clean water project in that water. When establishing a pollutant
  reduction value, the Secretary shall consider pollution reduction values established
  in the TMDL; pollution reduction values established by other jurisdictions; pollution
  reduction values recommended by organizations that develop pollutant reduction values
  for a clean water project; applicable monitored data with respect to a clean water
  project, if available; modeled data, if available; or a comparison to other similar
  projects or programs if no other data on a pollution reduction value or design life
  exists. Pollution reduction values established by the Secretary shall be the exclusive
  method for determining the pollutant reduction value of a clean water project. (b) After listing a water as impaired on the list of waters required by 33 U.S.C. § 1313(d), the Secretary shall publish a methodology for establishing a design life associated
  with a clean water project. The design life of a clean water project shall be determined
  based on a review of values established in other jurisdictions, values recommended
  by organizations that regularly estimate the design life of clean water projects,
  actual data documenting the design life of a practice, or a comparison to other similar
  practices if no other data exists. A design life adopted by the Secretary shall be
  the exclusive method for determining the design life of a best management practice
  or other control. (c)(1) If a person is proposing a clean water project for which no pollution reduction value
  or design life exists for a listed water, the Secretary shall establish a pollution
  reduction value or design life for that clean water project within 60 days following
  a request from the person proposing the clean water project. A pollution reduction
  value or design life established under this subdivision shall be based on a review
  of pollution reduction values established in the TMDL; pollution reduction values
  or design lives established by other jurisdictions; pollution reduction values or
  design lives recommended by organizations that develop pollutant reduction values
  or design lives for a clean water project; applicable monitored data with respect
  to a clean water project, if available; modeled data, if available; actual data documenting
  the design life of a clean water project; or a comparison to other similar projects
  or programs if no other data on a pollution reduction value or design life exists.
  Any estimate developed under this subsection by the Secretary shall be posted on the
  Agency of Natural Resources’ website. (2) Upon the request of a clean water service provider, the Secretary shall evaluate a
  proposed clean water project and issue a determination as to whether the proposed
  clean water project is eligible to receive funding as a part of a Water Quality Restoration
  Formula Grant awarded by the State pursuant to section 925 of this title. (d)(1) The Secretary shall conduct the analysis required by subsections (a) and (b) of this
  section for clean water projects and design lives related to phosphorous not later
  than November 1, 2021. (2) By not later than November 1, 2023, the Secretary shall adopt a schedule for implementing
  the requirements of subsections (a) and (b) of this section for clean water projects
  and design lives related to all other impairments not listed under subdivision (1)
  of this subsection. (e) The Secretary shall periodically review pollution reduction values and design lives
  established under this section at least every five years to determine the adequacy
  or accuracy of a pollution reduction value or design life. (f)(1) When implementing the requirements of subsections (a) and (b) of this section, the
  Secretary shall follow the type 3 notice process established in section 7714 of this title. (2) When implementing the requirements of subsection (c) of this section, the Secretary
  shall follow the type 4 notice process in section 7715 of this title. (Added 2019, No. 76, § 1.)