Nutrient and Sediment Reduction Credit Trading Program; Notice of Actions [41 Pa.B. 1841]
[Saturday, April 2, 2011]The Department of Environmental Protection (Department) provides notice of the following actions under the Nutrient and Sediment Reduction Credit Trading Program (Trading Program). These actions were 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 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 certifications 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.
Pennsylvania Environmental Council (22 Terminal Way, Pittsburgh, PA 15219). A proposal was submitted by Pennsylvania Environmental Council in coordination with the Capital RC&D and the Bradford County Park the Plow Program. The certification is applicable to the nutrient reductions generated by the installation of Best Management Practices (BMPs) that include continuous no-till, conservation till and cereal cover crops. These BMPs will be installed on Farm A-J, Farm A-R, Farm B, Farm C and Farm D. The certification, provided for each identified farm, includes a verification plan, and authorizes the generation of nitrogen credits, and for farms A-J and A-R, the generation of phosphorous credits as well. Notice of this proposal was published for comment at 40 Pa.B. 5022 (August 28, 2010).
City of Lancaster Advanced Wastewater Treatment Plant (1220 New Danville Pike, Lancaster, PA 17603, Lancaster County). The proposal was submitted by CDM and requested that an additional year of nitrogen and phosphorous credits be added to the certification that was provided on June 18, 2010. This certification is applicable to the operation of the City of Lancaster Advanced Wastewater Treatment Plant. This certification includes a verification plan and authorizes the generation of nitrogen and phosphorous credits. This certification replaces the Notice of Action that was published at 40 Pa.B. 3919 (July 20, 2010).
MICHAEL L. KRANCER,
Acting Secretary[Pa.B. Doc. No. 11-573. Filed for public inspection April 1, 2011, 9:00 a.m.]
