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PA Bulletin, Doc. No. 12-1268

NOTICES

Nutrient Credit Trading Program; Action

[42 Pa.B. 4228]
[Saturday, July 7, 2012]

 The Department of Environmental Protection (Department) provides notice of the following action under the Nutrient Credit Trading Program (Trading Program). The approval of this request is considered a final action of the Department. 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).

 Borough of Chambersburg. This approval is for a 3-year pilot program for the use of nitrogen and phosphorus credits that will be generated in the Susquehanna River Basin to meet National Pollutant Discharge Elimination System nitrogen and phosphorous annual effluent limits related to compliance with the Chesapeake Bay Total Maximum Daily Load at its waste water treatment facility (WWTF) located in the Potomac River Basin. Chambersburg asserts that there are insufficient certified credits within the Potomac River Basin to meet the projected nitrogen and phosphorous credit needs at its WWTF. This pilot program is valid until November 30, 2015, as long as the following requirements are met:

 • Any certified, verified and registered credits generated in the Susquehanna River Basin must first be calculated in accordance with the procedures set forth in 25 Pa. Code § 96.8. The first step will be for Chambersburg to submit an application for the certification of the pollutant reduction activities to generate credits. The contents of this application are listed in 25 Pa. Code § 96.8(e) and on the Department's web site at www.dep.state.pa.us (DEP Programs: Nutrient Trading). The Department expects the certification application to include a comprehensive listing of all the locations where Chambersburg is installing practices to generate credits, a listing of the practices to be installed and the calculations used to estimate the amount of credits.

 • Chambersburg will obtain an additional 5% of credits needed for permit compliance if the credits are obtained from the Susquehanna River Basin. The additional 5% percent must come from the Susquehanna River Basin. The Department will permanently retire these additional credits. The Department intends this factor to act as an incentive to Chambersburg to buy credits from the local river basin.

 After November 30, 2015, approval for the continuation of inter-basin trading by Chambersburg would be based on the program requirements in place on the date the Department receives an application by Chambersburg to continue this program. Notice of the interbasin trading request was published for comment at 42 Pa.B. 2450 (May 5, 2012).

 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 Nutrient Credit Trading Program, contact Brian Schlauderaff, Bureau of Point and NonPoint Source Management, Department of Environmental Protection, P. O. Box 8774, Harrisburg, PA 17105-8465, (717) 705-4090, bschlauder@pa.gov or visit the Department's web site at www.dep.state.pa.us (DEP Keywords: ''Nutrient Trading'').

 The following certification requests have been approved by the Department.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 12-1268. Filed for public inspection July 6, 2012, 9:00 a.m.]


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