Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 19-1370



Nutrient Credit Trading Program; Mass Certification

[49 Pa.B. 5259]
[Saturday, September 7, 2019]

 The Department of Environmental Protection (Department) provides notice of its intention under the Nutrient Credit Trading Program to approve a mass certification of pollutant reduction activities to generate credits by significant sewage point source discharges located in the Commonwealth portion of the Chesapeake Bay Watershed that have annual mass load effluent limitations (cap loads) in their National Pollutant Discharge Elimination System (NPDES) permits.

 For a list of significant sewage point sources located in the Commonwealth portion of the Chesapeake Bay Watershed, see Table 7-1 of the Commonwealth's Phase 2 Chesapeake Bay Watershed Implementation Plan (WIP) Wastewater Supplement, available at or on the Department's Nutrient Trading web site at (in the Delivery Ratio section of this webpage, Table 7-1 is linked as the Point Source Credit Generators Table). Also see 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed).

Credit Certification

 Effective October 1, 2019, to be eligible to generate credits for sale, all significant sewage point source discharges with an assigned cap load (see Table 7-1 of the Phase 2 WIP Wastewater Supplement) must demonstrate treated yearly effluent concentrations (baseline concentrations) below 6.0 mg/L total nitrogen (TN) and below 0.8 mg/L total phosphorous (TP) in accordance with the procedures described in the Phase 2 WIP Nutrient Trading Supplement, available in the Trading Program Overview section on the Department's Nutrient Trading web site at When stringent effluent limitations for TN or TP or both are established in Part A of a significant sewage point source discharges NPDES permit for reasons other than the cap load assigned for protection of the Chesapeake Bay, the permittee is eligible to generate credits when the permittee demonstrates that these effluent limitations have been achieved in accord with the Phase 2 WIP Nutrient Trading Supplement. In addition:

 • to generate credits, facilities must demonstrate they are in compliance with their NPDES permit;

 • the total amount of credits a facility is certified to generate cannot exceed the facility's permitted cap load;

 • the calculation of credits will be made using formulas described in the Phase 2 WIP Nutrient Trading Supplement; and

 • this point source certification will expire on September 30, 2020.

 To ensure that verification is complete in time for credit availability to be posted on the Department's web site, facilities are encouraged to provide the Department with their verification requests by October 28 each year. Verification requests must include a complete Annual Chesapeake Bay Spreadsheet for the compliance year in which the credits were generated (that is, October 1 through September 30). The Annual Chesapeake Bay Spreadsheet is available on the Department's Nutrient Trading web site at Verification forms and instructions are found on the Credit Trading Process page of the Department's Nutrient Trading web site.

Written Comments

 The Department will accept written comments on these proposed pollutant reduction activities for 30 days. The Department must receive comments on this notice for credit certification no later than Monday, October 7, 2019. Commentators can view submitted materials and are encouraged to submit comments using the Department's online eComment tool at or by e-mail to Written comments can be mailed to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''Mass Certification'' as the subject line in written communication.

 For further information about this action or the Nutrient Credit Trading Program, contact the Division of Operations, Bureau of Clean Water, Department of Environmental Protection, P.O. Box 8774, Harrisburg, PA 17105-8774,, (717) 787-6744 or visit the Department's Nutrient Trading web site at


[Pa.B. Doc. No. 19-1370. Filed for public inspection September 6, 2019, 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.