§ 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.)