Nutrient Credit Trading Program; Actions
[41 Pa.B. 6046]
[Saturday, November 5, 2011]
The Department of Environmental Protection (Department) provides notice of the following actions under the Nutrient Credit Trading Program (Trading Program). These actions were taken under 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed), published at 40 Pa.B. 5790 (October 9, 2010).
Nutrient trading is a market-based program that provides incentives for entities to create nutrient reduction credits (credits) by going beyond statutory, regulatory or voluntary obligations and goals to remove nutrients from a watershed. The credits can be traded to help others more cost-effectively meet their obligations or goals. The primary purpose of the Trading Program is to provide for more efficient ways for National Pollutant Discharge Elimination System permittees to meet their effluent limits for nutrients.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
For further information about these actions or the Trading Program, contact Ann Roda, Water Planning Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4785, email@example.com or visit the Department's web site at www.depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').
The following certification requests have been approved by the Department. The approval of these requests is considered a final action of the Department.
Lycoming County Conservation District (542 County Farm Road, Suite 202, Montoursville PA 17754). This approval is applicable to nutrient credits to be generated from the pollutant reduction activity of poultry manure export from the Chesapeake Bay Watershed. This approval includes a verification plan, and authorizes the generation of 12,524 nitrogen reduction credits and 682 phosphorous reduction credits. This recertification is valid until September 30, 2015, as long as the pollution reduction activity is implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2015, credits for the pollution reduction activity may only be generated if recertification, which will be based on the program requirements in place on the date of the recertification submission, is obtained. Notice of the recertification request was published for comment at 41 Pa.B. 3940 (July 16, 2011).
University Area Joint Authority (1576 Spring Valley Road, State College PA 16801). This approval is applicable to phosphorouscredits to be generated from the pollutant reduction activity of the University Area Joint Authority's installed treatment process. This approval includes a verification plan, and authorizes the generation of 7,500 phosphorous reduction credits. This certification is valid until September 30, 2013, as long as the pollution reduction activity is implemented maintained and verified under the terms and conditions contained in the certification. After September 30, 2013, credits for the pollution reduction activity may only be generated if recertification, which will be based on the program requirements in place on the date of the recertification submission, is obtained. Notice of the certification request was published for comment at 41 Pa.B. 4256 (August 6, 2011).
MICHAEL L. KRANCER,
[Pa.B. Doc. No. 11-1883. Filed for public inspection November 4, 2011, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.