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PA Bulletin, Doc. No. 11-2117

NOTICES

Nutrient Credit Trading Program; Actions

[41 Pa.B. 6746]
[Saturday, December 10, 2011]

 The Department of Environmental Protection (Department) provides notice of the following actions under the Nutrient Credit Trading Program (Trading Program). These actions were 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 these actions or the Trading Program, contact Ann Roda, Interstate Waters Office, Department of Environmental Protection, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 787-4785, aroda@pa.gov or visit the Department's web site at www. depweb.state.pa.us (DEP Keywords: ''Nutrient Trading'').

 The following certification requests have been approved by the Department. The approval of these requests is considered a final action of the Department.

 Lycoming County Conservation District (542 County Farm Road, Suite 202, Montoursville, PA 17754). This approval is applicable to nitrogen reduction credits to be generated by Client GrLoT0001 from the pollutant reduction activities of 61.7 acres of precision grazing, 18 acres of continuous no-till and the installation of off-stream watering with fencing on 17.4 acres of pasture. This approval includes a verification plan, and authorizes the generation of 289 nitrogen reduction credits. This certification of annual credits is valid until September 30, 2016, as long as the pollution reduction activities are implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2016, credits for the pollution reduction activities 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 41 Pa.B. 3940 (July 16, 2011).

 Red Barn Trading Company (1383 Arcadia Road, Lancaster, PA 17601). This approval is applicable to nitrogen reduction credits to be generated by Daniel Smucker from the pollutant reduction activities of 28.5 acres of continuous no-till and cover crops. This approval includes a verification plan, and authorizes the generation of 851 nitrogen reduction credits and 5 phosphorus reduction credits. This certification of annual credits is valid until September 30, 2016, as long as the pollution reduction activities are implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2016, credits for the pollution reduction activities 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 41 Pa.B. 4167 (July 30, 2011).

 CET Engineering Services (321 Washington Street, Huntingdon, PA 16652). This approval is applicable to nitrogen reduction credits to be generated from the pollutant reduction activity of the Borough of Tyrone Wastewater Treatment Facility's installed treatment process. This approval includes a verification plan, and authorizes the generation of 48,260 nitrogen reduction credits. This certification of annual credits is valid until September 30, 2016, as long as the pollution reduction activities are implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2016, credits for the pollution reduction activities 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 41 Pa.B. 4167.

 Herbert Rowland & Grubic, Inc. (130 Buffalo Road, Suite 103, Lewisburg, PA 17837). This approval is applicable to nitrogen reduction credits to be generated from the pollutant reduction activity of Kelly Township Municipal Authority's installed treatment process. This approval includes a verification plan, and authorizes the generation of 38,300 nitrogen reduction credits. This certification of annual credits is valid until September 30, 2016, as long as the pollution reduction activities are implemented, maintained and verified under the terms and conditions contained in the certification. After September 30, 2016, credits for the pollution reduction activities 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 40 Pa.B. 7159 (December 11, 2010).

 Buchart Horn, Inc. (The Russell E. Horn Building, 445 West Philadelphia Street, York, PA 17401). This approval is applicable to nitrogen and phosphorus reduction credits to be generated from the pollutant reduction activity of East Berlin Area Joint Authority's installed treatment process. This approval includes a verification plan, and authorizes the generation of 2,571 nitrogen reduction credits and 170 phosphorus reduction credits. This certification of annual credits is valid only for compliance year 2011 (October 1, 2010, through September 30, 2011). After September 30, 2011, credits for the pollution reduction activities 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 41 Pa.B. 5229 (October 1, 2011).

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-2117. Filed for public inspection December 9, 2011, 9:00 a.m.]


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