Nutrient Credit Trading Program; Credit Certification [45 Pa.B. 6018]
[Saturday, October 3, 2015]The Department of Environmental Protection (Department) provides notice of a mass credit certification action under the Nutrient Credit Trading Program (Trading Program). This action is taken under 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed).
On April 18, 2015, the Department provided notice of its intent under the Trading Program to issue a mass certification to all Significant Sewage point source discharges within the Chesapeake Bay Watershed with annual mass load effluent limitations (Cap Load) in a National Pollutant Discharge Elimination System (NPDES) permit. See 45 Pa.B. 2008 (April 18, 2015). Comments on this proposal were accepted until May 20, 2015.
For a list of Significant Sewage point sources see Table 7-1 of the Phase 2 Wastewater Implementation Plan (Phase 2 WIP) Wastewater Supplement, available at www.depweb.state.pa.us/npdes-bay or the Department's Nutrient Trading Program web site at www.depweb.state.pa.us/nutrient_trading.
Credit Certification
Effective October 1, 2015, to be eligible to generate credits for sale, all Significant Sewage point source discharges with an assigned Cap Load (see Table 7-1 of the Phase 2 WIP Wastewater Supplement) must demonstrate treated effluent concentrations below 6.0 mg/L Total Nitrogen (TN) and 0.8 mg/L Total Phosphorous (TP) (that is, ''baseline concentrations'') in accordance with the procedures described in the Phase 2 WIP Nutrient Trading Supplement. When more stringent effluent limitations for TN or TP, or both, are established in Part A of the NPDES permit for reasons other than assignment of a Cap Load, the permittee must meet those more stringent effluent limits before it may generate credits. In addition:
• To generate credits, facilities must demonstrate they are in compliance with their NPDES permit.
• The total amount of credits the facility is certified to generate cannot exceed its permitted Cap Load.
• This point source certification will expire on September 30, 2017.
• Beginning October 1, 2015 (Compliance Year 2016), the calculation of credits will be made using new formulas described in the Phase 2 WIP Nutrient Trading Supplement.
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 Trading Program, contact Jay Braund, Bureau of Point and Non-Point Source Management, Department of Environ-mental Protection, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 772-5636, jbraund@pa.gov.
JOHN QUIGLEY,
Secretary[Pa.B. Doc. No. 15-1768. Filed for public inspection October 2, 2015, 9:00 a.m.]
