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PA Bulletin, Doc. No. 18-1863



Nutrient Credit Trading Program; Actions

[48 Pa.B. 7461]
[Saturday, December 1, 2018]

 The Department of Environmental Protection (Department) has approved the following request for 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 best management practice: poultry litter export. This certification 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, 2019, provided the pollution reduction activities are implemented, maintained and verified in accordance with the plan contained in the approved certification request.

Applicant/Consultant Generator/
Pollutant Reduction Activity N Credits P Credits Public Comment Notice Date Certification Date
Chesapeake Nutrient Management, LLC Esbenshade Farms Poultry Litter Export 179,667 22,460 9/29/18 10/30/18

 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 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 web site at


[Pa.B. Doc. No. 18-1863. Filed for public inspection November 30, 2018, 9:00 a.m.]

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