DEPARTMENT OF ENVIRONMENTAL PROTECTION
Nutrient Credit Trading Program; Certification Requests
[49 Pa.B. 6623]
[Saturday, November 2, 2019]
The Department of Environmental Protection (Department) has approved the following requests for amendments to certification of pollutant reduction activities to generate nitrogen (N) and phosphorus (P) credits under 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed). Pollutant reduction activities include the following agriculture best management practices: conservation tillage (CT), continuous no-till planting methods (CNT), planting cover crops (CC), off-stream watering with and without fencing (pasture) (OFWFP), precision grazing (PG), rotational grazing (RG) and riparian forest buffers (RFB). This certification amendment request approval authorizes the generation of N and P credits for use by facilities with National Pollutant Discharge Elimination System permits in the compliance year in which the credits are generated. This approval is valid until September 30, 2020, provided the pollution reduction activities are implemented, maintained and verified in accordance with the plan contained in the approved certification request.
Applicant/Consultant Generator/Source Pollutant Reduction Activity N Credits P Credits Public Comment Notice Date Certification Date Lycoming County Conservation District Barbour OFWFP, PG, RFB 621 0 8/24/19 10/26/19 Lycoming County Conservation District Bosch CT, CNT, CC 1,016 0 8/24/19 10/26/19 Lycoming County Conservation District Brown, Er. OFWFP, PG, RFB 1,295 0 8/24/19 10/26/19 Lycoming County Conservation District Brown, Ev. OFWFP, PG, RFB 409 0 8/24/19 10/26/19 Lycoming County Conservation District Gavitt CT, CNT, CC, OFWFP, RG, RFB 379 0 8/24/19 10/26/19 Lycoming County Conservation District London CT, CNT, CC, OFWFP, PG, RFB 1,674 0 8/24/19 10/26/19 Lycoming County Conservation District Mowery CT, CNT 571 0 8/24/19 10/26/19 Lycoming County Conservation District Sherman CNT, CC, OFWFP, PG 328 0 8/24/19 10/26/19 Lycoming County Conservation District Schrack Farms CT, CNT, CC 33,820 0 8/24/19 10/26/19 Lycoming County Conservation District Ulmer CT, CNT, CC 3,456 0 8/24/19 10/26/19 Lycoming County Conservation District Vandine CT, CNT, CC 155 0 8/24/19 10/26/19
Persons aggrieved by this 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.
TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Appeals must be filed with the Board within 30 days of receipt of notice of this action unless the appropriate statute provides a different time. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
Copies of the appeal form and the Board's rules of practice and procedure may be obtained at http://ehb.courtapps.com or by contacting the Secretary to the Board at (717) 787-3483. The appeal form and the Board's rules are also available in braille and on audiotape from the Secretary to the Board.
Important legal rights are at stake. Individuals should show this document to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information. A lawyer is not needed to file a notice of appeal with the Board.
For individuals who wish to challenge this action, appeals must be filed with and received by the Board within 30 days of receipt of notice of this action.
For further information about this action or the Department's 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, RA-EPPANutrientTrad@pa.gov, (717) 787-6744 or visit the Department's Nutrient Credit Trading Program web site at www.dep.pa.gov/nutrient_trading.
[Pa.B. Doc. No. 19-1641. Filed for public inspection November 1, 2019, 9:00 a.m.]
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