(1) The board adopts and incorporates by reference Department Circular DEQ-13, entitled Montana's Policy for Nutrient Trading (December 2012 edition). Copies are available from the Department of Environmental Quality, Technical and Financial Assistance Bureau, P.O. Box 200901, Helena, MT 59620-0901.
(2) The department shall approve a nutrient trade that is consistent with the requirements and guidelines established in Montana's Policy for Nutrient Trading.
(3) An owner or operator of a point source discharge may submit an application for nutrient trading to the department prior to or concurrent with an application for a new, renewed, or modified MPDES permit. The application must include the information specified in Montana's Policy for Nutrient Trading and be consistent with the guidelines and requirements contained in that policy.
(4) An application to trade may be submitted for any of the following purposes:
(a) to comply with an approved total maximum daily load (TMDL) for nutrients;
(b) to offset a new or increased discharge of nutrients into a nutrient-impaired water;
(c) to comply with Montana's base numeric nutrient criteria or a variance from those criteria;
(d) to offset a new or increased discharge of nutrients into waters that are high quality for nutrients; or
(e) to comply with the nonsignificance criteria for nutrients in ARM 17.30.715.
(5) A trade proposed pursuant to (3) must be described in the draft permit and is subject to public comment. If approved, the trade must be described in the final permit and is not effective until the final permit is issued. The final permit must contain permit conditions that ensure that the terms of the trade are enforceable.