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Nutrient Credit Trading Program; Credit Certification

[47 Pa.B. 3919]
[Saturday, July 15, 2017]

 The Department of Environmental Protection (Department) provides notice of a mass credit certification action under the Nutrient Credit Trading Program (Trading Program). See 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed).

 The Department provided notice of its intent under the Trading Program to issue a mass certification to all Significant Sewage point source discharges within the Chesapeake Bay Watershed with annual mass load effluent limitations (Cap Loads) in a National Pollutant Discharge Elimination System (NPDES) permit as published at 47 Pa.B. 2253 (April 15, 2017). Comments on this proposal were accepted until May 15, 2017.

 For a list of Significant Sewage point sources see Table 7-1 of the Phase 2 Wastewater Implementation Plan (Phase 2 WIP) Wastewater Supplement available at www.dep.pa.gov/npdes-bay or the Department's Nutrient Trading Program web site at www.dep.pa.gov/nutrient_trading.

Credit Certification

 Effective October 1, 2017, to be eligible to generate credits for sale, all Significant Sewage point source discharges with an assigned Cap Load (see Table 7-1 of the Phase 2 WIP Wastewater Supplement) must demonstrate treated effluent concentrations below 6.0 mg/L total nitrogen (TN) and 0.8 mg/L total phosphorous (TP) (that is, baseline concentrations) in accordance with the procedures described in the Phase 2 WIP Nutrient Trading Supplement. Where more stringent effluent limitations for TN or TP, or both, are established in Part A of the NPDES permit for reasons other than assignment of a Cap Load, the permittee must meet those more stringent effluent limits before it may generate credits. In addition:

 • To generate credits, facilities must demonstrate they are in compliance with their NPDES permit.

 • The total amount of credits the facility is certified to generate cannot exceed its permitted Cap Load.

 • The calculation of credits will be made using formulas described in the Phase 2 WIP Nutrient Trading Supplement.

 • This point source certification will expire on September 30, 2019.

 To ensure that verification is complete in time for credit availability to be posted on the Department web site, facilities are encouraged to provide the Department with their verification requests by October 28th of each year. Verification requests must include a complete ''Annual Chesapeake Bay Spreadsheet'' for the compliance year in which the credits were generated (October 1 through September 30). This spreadsheet, verification forms and instructions can be found at the Department's Nutrient Trading web site at www.dep.pa.gov/nutrient_trading (select ''Credit Generation Process'').

 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 the Nutrient Trading Program, Department of Environmental Protection, Bureau of Clean Water, P.O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-6744, RA_EPPANutrientTrad@pa.gov, or visit the Department's web site at www.dep.pa.gov/nutrient_trading.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 17-1169. Filed for public inspection July 14, 2017, 9:00 a.m.]



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