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PA Bulletin, Doc. No. 13-2057


Nutrient Credit Trading Program; Interbasin Trading Request

[43 Pa.B. 6598]
[Saturday, November 2, 2013]

 The Department of Environmental Protection (Department) has received a request under the Nutrient Credit Trading Program (Program) for use of credits generated in a river basin other than the river basin in which the credit user is located. See 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 the Chesapeake Bay Watershed. The credits can be traded to help others more cost-effectively meet their obligations or goals. The primary purpose of the Program is to provide for more efficient ways for National Pollutant Discharge Elimination System (NPDES) permittees to meet their effluent limits for nutrients. The nutrient credit trading regulation requires that credits generated in the Susquehanna or Potomac River Basin may only be used in the basin in which they were generated, unless otherwise approved by the Department. See 25 Pa. Code § 96.8(h)(2).

Description of the Request

 The McConnellsburg Sewer Authority (McConnellsburg) has requested approval to sell nitrogen credits in the Susquehanna and purchase phosphorus credits from the Susquehanna River Basin. The credits will be used to meet NPDES nitrogen and phosphorus limits at its waste water treatment facility (WWTF) located in the Potomac River Basin. McConnellsburg asserts that there are insufficient certified credits within the Potomac River basin to meet the projected phosphorus credit needs at its WWTF.

Request for Written Comments

 The Department is requesting comment on McConnellsburg's request for a program for inter-basin trading. The Department intends to publish notice of a final action after it considers any comments it receives. The Department does not intend to provide written responses to the comments, but will take all timely comments into consideration in determining the final action.

 Interested persons must submit written comments by November 18, 2013. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Jay Braund, Division of Technical and Financial Assistance, Department of Environmental Protection, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 772-5636,

 For further information about this request or the Program visit the Department's web site at (DEP Keywords: ''Nutrient Trading'').

Acting Secretary

[Pa.B. Doc. No. 13-2057. Filed for public inspection November 1, 2013, 9:00 a.m.]

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