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PA Bulletin, Doc. No. 10-691

NOTICES

Nutrient and Sediment Reduction Credit Trading Program; Notice of Actions

[40 Pa.B. 2061]
[Saturday, April 17, 2010]

 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 the Final Trading of Nutrient and Sediment Reduction Credits—Policy and Guidelines (Policy) (DEP ID# 392-0900-001). The Policy calls for a transparent system of credit reviews and approvals.

 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 (NPDES) 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, therefore, 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 Smith, Water Planning Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4726, annsmith@state.pa.us or visit the Department's web site at www.depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').

 The following proposal has been certified by the Department. This certification is considered final actions of the Department.

 Bion Environmental Technologies and Bion PA1, LLC (1035 South Gaylord Street, Denver, CO 80209). This certification is applicable to the operation of the Bion Microaerobic Biological Environmental System at the Kreider Farms Penn Township Farm for 1,200 dairy cows. This certification describes a process for the calculation of annual credits that provides Bion with the flexibility to operate under various scenarios. These scenarios include: the operation of the microaerobic biological reactor and combustion of the coarse solids and the operation of the microaerobic biological reactor and the export of all or a portion of the coarse solids out of the Chesapeake Bay Watershed. With the certification, Bion is authorized to develop and implement two studies to: 1) demonstrate that there is a difference in the level of nitrogen bioavailability occurring in the field as a result of the use of the effluent (both liquid and fine solids) discharged from the reactor compared to the manure currently used at the Kreider Farm; and 2) demonstrate that there is a difference in the level of denitrification occurring in the field as a result of the use of the effluent (both liquid and fine solids) discharged from the reactor compared to the manure currently used at the Kreider Farm. 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 in the Pennsylvania Bulletin at 39 Pa.B. 2749 (May 30, 2009).

JOHN HANGER, 
Secretary

[Pa.B. Doc. No. 10-691. Filed for public inspection April 16, 2010, 9:00 a.m.]


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