Nutrient Credit Trading Program; Actions [41 Pa.B. 6449]
[Saturday, December 3, 2011]The Department of Environmental Protection (Department) provides notice of the following actions under the Nutrient Credit Trading Program (Trading Program). These actions were taken under 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed), published at 40 Pa.B. 5790 (October 9, 2010).
Nutrient trading is a market-based program that provides incentives for entities to create nutrient reduction credits (credits) by going beyond statutory, regulatory or voluntary obligations and goals to remove 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.
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 these actions or the Trading Program, contact Ann Roda, Interstate Waters Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4785, aroda@pa.gov or visit the Department's web site at www.depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').
The following certification requests have been approved by the Department. The approval of these requests is considered a final action of the Department.
Lancaster Area Sewer Authority (130 Centerville Road, Lancaster, PA 17603). This approval is applicable to nitrogen and phosphorous credits to be generated from the pollutant reduction activity of the Lancaster Area Sewer Authority's installed treatment process. This approval includes a verification plan, and authorizes the generation of: 13,726 nitrogen reduction credits and 7,524 phosphorus reduction credits for 2011 Compliance Year; 10,721 nitrogen reduction credits and 7,424 phosphorus reduction credits for 2012 Compliance Year; 7,550 nitrogen reduction credits and 7,320 phosphorus reduction credits for 2013 Compliance Year; 5,013 nitrogen reduction credits and 7,236 phosphorus reduction credits for 2014 Compliance Year; and 2,549 nitrogen reduction credits and 7,154 phosphorus reduction credits for 2015 Compliance Year. This certification is valid until September 30, 2015, as long as the pollution reduction activity is implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2015, credits for the pollution reduction activity may only be generated if recertification, which will be based on the program requirements in place on the date of the recertification submission, is obtained. Notice of the certification request was published for comment at 41 Pa.B. 5117 (September 24, 2011).
C.S. Davidson, Inc. (38 North Duke Street, York, PA 17401) on behalf of Northeastern York County Sewer Authority. This approval is applicable to nitrogen and phosphorous credits to be generated from the pollutant reduction activity of the Northeastern York County Sewer Authority's installed treatment process. This approval includes a verification plan, and authorizes the generation of: 31,000 nitrogen reduction credits and 950 phosphorus reduction credits for 2011 Compliance Year; 31,000 nitrogen reduction credits and 950 phosphorus reduction credits for 2012 Compliance Year; 30,500 nitrogen reduction credits and 925 phosphorus reduction credits for 2013 Compliance Year; 30,500 nitrogen reduction credits and 925 phosphorus reduction credits for 2014 Compliance Year; and 30,300 nitrogen reduction credits and 900 phosphorus reduction credits for 2015 Compliance Year. This certification is valid until September 30, 2015, as long as the pollution reduction activity is implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2015, credits for the pollution reduction activity may only be generated if recertification, which will be based on the program requirements in place on the date of the recertification submission, is obtained. Notice of the certification request was published for comment at 41 Pa.B. 5117.
MICHAEL L. KRANCER,
Secretary[Pa.B. Doc. No. 11-2059. Filed for public inspection December 2, 2011, 9:00 a.m.]
