Nutrient and Sediment Reduction Credit Trading Program; Notice of Actions [40 Pa.B. 6225]
[Saturday, October 23, 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 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed) (see 40 Pa.B. 5790 (October 9, 2010)).
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 the 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 Programs: Nutrient Trading).
The following proposals have been certified by the Department. The certification of these proposals is considered a final action of the Department.
American Farmland Trust (1200 18th Street North West, Suite 800, Washington, DC 20036). This certification is applicable to the nutrient reductions generated from the nitrogen reduction practice completed as part of American Farmland Trust's Planned Nitrogen Reduction Program with Client's PA10-008B, PA10-014, PA10-016, PA10-017 and PA10-018. Each Client is located in Lancaster County. 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. 5022 (August 28, 2010).
Elizabethtown Borough's Wastewater Treatment Plant (located at the intersection of Amosite and Bainbridge Roads in West Donegal Township, Lancaster County). This certification is applicable to the operation of the Elizabethtown Borough's Wastewater Treatment Plant and was submitted by CDM. This certification includes a verification plan and authorizes the generation of nitrogen and phosphorous credits. Notice of the proposal for this certification was published for comment at 40 Pa.B. 3424 (June 19, 2010).
JOHN HANGER,
Secretary[Pa.B. Doc. No. 10-2015. Filed for public inspection October 22, 2010, 9:00 a.m.]
