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PA Bulletin, Doc. No. 18-741



Availability of Final Beneficiary Mitigation Plan Relating to the Volkswagen Settlement

[48 Pa.B. 2892]
[Saturday, May 12, 2018]

 The Commonwealth was certified as a Beneficiary of the Environmental Mitigation Trust Agreement for State Beneficiaries (State Trust Agreement), in the case In Re: Volkswagen ''Clean Diesel'' Marketing, Sales Practices, and Products Liability Litigation. The State Trust Agreement became effective when the United States Department of Justice filed it with the United States District Court for the Northern District of California on October 2, 2017. The State Trust Agreement, along with an Environmental Mitigation Trust Agreement for Indian Tribe Beneficiaries (Indian Tribe Trust Agreement), established $2.925 billion in environmental mitigation trust funds (state and Indian Tribe Mitigation Trusts) to be divided primarily among the participating states and Indian Tribes. The Commonwealth is currently allocated $118.5 million of the State Mitigation Trust to fund eligible projects that reduce oxides of nitrogen (NOx), including the costs of Eligible Mitigation Action Administrative Expenditures relating to those projects for the Commonwealth or the applicants.

 The Department of Environmental Protection (Department) has been designated the Lead Agency to implement the State Trust Agreement for the Commonwealth. The Department developed a draft Beneficiary Mitigation Plan under the Federal Consent Decree and provided a 45-day public comment period for the draft Beneficiary Mitigation Plan in 2017. Additionally, the Department held six listening sessions throughout this Commonwealth and conducted a public webinar. The final Beneficiary Mitigation Plan sets forth the Commonwealth's overall structure for use of the mitigation funds, as well as information about the specific project types eligible for funding under the State Trust Agreement. This notice announces the availability of the final Beneficiary Mitigation Plan.

 The Commonwealth's final Beneficiary Mitigation Plan is available on the Department's web site at It is also available upon request by calling (717) 787-9702.


[Pa.B. Doc. No. 18-741. Filed for public inspection May 11, 2018, 9:00 a.m.]

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