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PA Bulletin, Doc. No. 11-686

NOTICES

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Nutrient and Sediment Reduction Credit Trading Program; Notice of Proposals

[41 Pa.B. 2169]
[Saturday, April 23, 2011]

 The Department of Environmental Protection (Department) provides notice of the following proposal under the Nutrient and Sediment Reduction Credit Trading Program (Trading Program). This proposal was submitted 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 (NPDES) permittees to meet their effluent limits for nutrients and sediment. Currently, the focus of the program is on the Chesapeake Bay Watershed.

 The proposals described in this notice relate to submitted proposals through April 5, 2011.

Background

 Before a credit can be used by an NPDES permittee, a three-step process is followed: (1) the credit proposal must be approved; (2) it must be verified; and (3) it must be registered.

 Approval is also known as certification, which is a written approval by the Department for the use of a nutrient reduction activity to generate credits. Certifications are based on at least: (1) a credit proposal describing the qualifying nutrient reduction activity that will reduce the nutrient loadings delivered to the applicable watershed; (2) the calculation to quantify the pounds of reductions expected; and (3) a verification plan that, when implemented, ensures that the qualifying nutrient reduction activity has taken place. The proposals described in this notice apply to the Chesapeake Bay Watershed.

 Once the credits are certified, they must be verified to be applied towards an NPDES permit for compliance with effluent limits. Verification means implementation of the verification plan contained in a certification, as required by the Department. Verification plans require annual submittal of documentation to the Department that demonstrates that the qualifying nutrient reduction activity has taken place for the applicable compliance year.

 The credits also need to be registered by the Department before they can be used to meet effluent limits in an NPDES permit. Registration occurs only after credits have been certified, verified and a contract has been submitted. For the Chesapeake Bay Watershed, the Department will register credits for use during the compliance year in which the qualifying pollutant reduction activity has taken place. The Department will provide the credits with an annual registry number for reporting and tracking purposes.

Proposals

 The following new proposals are being reviewed by the Department.

Proposal Applicant Proposal Description
Red Barn Trading Company on behalf of Lancaster Farmland Trust Nitrogen and phosphorous credits to be generated from the pollutant reduction activity of poultry manure export by Client's E. Zimmerman, M. Rohrer, T. Rohrer, J. Harnish and Cherry Crest.
Red Barn Trading Company on behalf of Lancaster Farmland Trust Nitrogen credits to be generated from the pollutant reduction activity of continuous no-till by Client R. Stoltzfoos.
Wyoming Valley Sanitary Authority Nitrogen and phosphorous credits to be generated from the pollutant reduction activity of using operational controls to maximize the WWTP performance with respect to the removal of nitrogen and phosphorus.
TeamAg on behalf of Lancaster Area Sewer Authority Nitrogen credits to be generated from the pollutant reduction activity of continuous no-till, cereal cover crops and a riparian forest buffer on land owned by Lancaster Area Sewer Authority.

Written Comments

 Interested persons may submit written comments on these proposals by May 23, 2011. 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 Ann Roda, Water Planning Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4726, aroda@state.pa.us.

 For further information about these proposals or the Trading Program contact Ann Roda, at the previously listed address or phone number or visit the Department's web site at www.depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').

MICHAEL L. KRANCER, 
Acting Secretary

[Pa.B. Doc. No. 11-686. Filed for public inspection April 22, 2011, 9:00 a.m.]


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