Nutrient and Sediment Reduction Credit Trading Program; Notice of Actions [40 Pa.B. 5641]
[Saturday, October 2, 2010]The Department of Environmental Protection (Department) provides notice of the following action under the Nutrient and Sediment Reduction Credit Trading Program (Trading Program). This action was taken under The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Final Trading of Nutrient and Sediment Reduction Credits—Policy and Guidelines (Policy) (DEP ID# 392-0900-001) (see 36 Pa.B. 7999 (December 30, 2006)).
Trading is a market-based program that provides incentives for entities to create nutrient reduction credits by going beyond statutory, regulatory or voluntary obligations and goals by removing nutrients from a watershed. The credits can be traded to help others more cost-effectively meet their obligations or goals. The primary purpose of the Trading Program is to provide for more efficient ways for National Pollutant Discharge Elimination System permittees to meet their effluent limits for nutrients and sediment. Currently, the focus of the program is on the Chesapeake Bay Watershed.
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 certification or the Trading Program, contact Ann Roda, Water Planning Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4726, aroda@state.pa.us or visit the Department's web site at www.depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').
The following proposals have been certified by the Department. The certification of these proposals is considered a final action of the Department.
Bedford County—Park the Plow Project coordinated by the Capital Resource Conservation and Development (RC&D) Area Council, Inc. (401 East Louther Street, Suite 307, Carlisle, PA 17013). This certification is applicable to the nutrient reductions generated from the no-till planted corn and cover crop plantings following corn harvest. This certification includes a verification plan, and authorizes the generation of nitrogen credits. Notice of the proposal for this certification was published for comment at 40 Pa.B. 755 (February 6, 2010).
TeamAg, Inc. on behalf of Brubaker Farms (120 Lake Street, Ephrata, PA 17522). This certification is applicable to the nutrient reductions generated from the no-till planted corn and cover crop plantings. This certification includes a verification plan, and authorizes the generation of nitrogen credits. Notice of the proposal for this certification was published for comment at 40 Pa.B. 2490 (May 8, 2010).
Lycoming County Conservation District (542 County Farm Road, Suite 202, Montoursville, PA 17754). This certification is applicable to the nutrient reductions generated by installing best management practices (BMPs) that include riparian buffer, off-stream watering with streambank fencing and rotation grazing with Client's MuCFrT001, LcCCoT0002, LaCCoT0001 and LyCLyT001. This certification includes a verification plan, and authorizes the generation of nitrogen credits. Notice of these proposals for certification was published for comment at 40 Pa.B. 1124 (February 27, 2010).
JOHN HANGER,
Secretary[Pa.B. Doc. No. 10-1885. Filed for public inspection October 1, 2010, 9:00 a.m.]
