40th Environmental Permitting Summer School

Florida’s new stormwater rule does more than increase nutrient treatment requirements. It also creates a performance-based framework for meeting those requirements through onsite treatment, offsite compensating treatment, and regional treatment mechanisms. In practice, each project carries a measurable nutrient reduction obligation, while tools such as Water Quality Enhancement Areas (WQEAs) and Regional Stormwater Management Systems (RSMS) may provide credits or allocations to help satisfy that obligation within the applicable regulatory constraints. This panel of experts will examine the emerging “cap-and-trade” framework for stormwater nutrient management under the ERP program, including the respective roles of WQEAs and RSMS as sources of enhancement credits or pollutant reduction allocations. Panelists will discuss the statutory and regulatory framework, pending rule development, credit and allocation concepts, receiving-water limitations, and practical considerations for engineers, attorneys, consultants, regulators, local governments, and regulated entities evaluating these tools in project planning and permitting. This course is designed for extensive audience participation, so be sure to bring your questions!