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PA Bulletin, Doc. No. 11-976

NOTICES

Nutrient Credit Trading Program Action

[41 Pa.B. 3059]
[Saturday, June 11, 2011]

 The Department of Environmental Protection (Department) provides notice of the following action under the Nutrient Credit Trading Program (Trading Program). This action was 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 this action or the Trading Program, contact Ann Roda, Water Planning Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4785, aroda@state. pa.us or visit the Department's web site at www.depweb. state.pa.us (DEP Keywords: ''Nutrient Trading'').

 The following certification request has been approved by the Department. The approval of this request is considered a final action of the Department.

 Bion Environmental Technologies and Bion PA1, LLC (1775 Summitview Way, P. O. Box 566, Crestone, CO 81131). This approval is applicable to the nutrient reductions generated from the operation of the Bion Combustion Facility (Facility) that, as described in the certification request, will process poultry manure from Kreider Farms to reduce nutrients while producing residual ash that will be land-filled or beneficially used for its nutrient content. The Facility will be designed to accept other biomass sources, such as the cellulosic coarse solids produced by the Kreider Dairy Bion Environmental Management System. This approval states that no nutrient credits can be generated until Bion provides the final location of the Facility, Bion receives final Department approval of all required permits needed for the construction and operation of the Facility, and the applicable Nutrient Management Plans are modified to reflect the processing of the manure. This approval includes a verification plan and authorizes the generation of nitrogen credits. This certification of annual credits is valid until September 30, 2022, as long as the pollution reduction activity is implemented maintained and verified under the terms and conditions contained in the certification. After September 30, 2022, 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 39 Pa.B. 2493 (May 16, 2009).

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-976. Filed for public inspection June 10, 2011, 9:00 a.m.]


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