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PA Bulletin, Doc. No. 19-1369



Nutrient Credit Trading Program; Actions; Administrative Extension

[49 Pa.B. 5258]
[Saturday, September 7, 2019]

 The Department of Environmental Protection (Department) has approved a 1-year administrative extension from October 1, 2019, to September 30, 2020, of the following previously approved certifications 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) that were set to expire on September 30, 2019. Proposed pollutant reduction activities include manure gasification or conversion technology, poultry litter export, and the following agricultural best management practices (BMP): continuous no-till (CNT) planting methods, planting cover crops and grass buffers. These certification administrative extension approvals authorize the generation of N or P credits, or both, 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 plans contained in the original approved certification requests.

Generator Site
Contact Name
BMP Name
574 CHESAPEAKE NUTRIENT MGMT, LLC Esbenshade Farms Poultry Litter Export 179,667 22,460 10/30/18 9/30/20
1,051,570 58,853 1/23/17 9/30/20
305 RED BARN Hughes (Client 535, Chickies Creek Farm) Poultry Litter Export 46,260 5,783 10/14/16 9/30/20
306 RED BARN Hughes (Client 289, Lime Valley Farms) Poultry Litter Export 12,226 1,528 10/14/16 9/30/20
307 RED BARN Hughes (Client 221, Five Springs Farm) Poultry Litter Export 5,208 651 10/14/16 9/30/20
377 RED BARN Hughes (Rohrer
Dairy Farm, LLC)
CNT, Cover Crops 6,755 0 11/11/17 9/30/20
573 TEAMAG, INC Wilcox CNT, Cover Crops,
Grass Buffers
511 0 9/22/18 9/30/20

 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 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 be received by the Board within 30 days of receipt of notice of this action.

 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. 19-1369. Filed for public inspection September 6, 2019, 9:00 a.m.]

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