Nutrient Credit Trading Program; Notice of Inter-Basin Trading Request

[42 Pa.B. 2450]
[Saturday, May 5, 2012]

 The Department of Environmental Protection (Department) has received a request under the Nutrient Credit Trading Program (Trading Program) for use of credits generated in a river basin other than the river basin in which the credit user is located. See 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 the Chesapeake Bay 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. According to 25 Pa. Code § 96.8(h)(2), credits generated in the Susquehanna or Potomac River Basin may only be used in the basin in which they were generated, unless otherwise approved by the Department.

Description of the Request

 The Borough of Chambersburg has requested approval of a 5-year pilot program for the use of nitrogen and phosphorus credits that will be generated in the Susquehanna River Basin to meet NPDES nitrogen and phosphorous limits at its wastewater treatment facility (WWTF) located in the Potomac River Basin. The request includes two inter-basin trading factors designed to encourage local basin credit generation. 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.

Request for Written Comments

 The Department is requesting comment on Chambers- burg's request for a pilot program for inter-basin trading. The Department intends to publish notice of a final action after it considers any comments it receives. The Department does not intend to provide written responses to the comments, but will take all timely comments into consideration in determining the final action. A copy of Chambersburg's proposal may be obtained by contacting Veronica Kasi, Division of Technical and Financial Assistance at (717) 772-4053 or through the Department's web site at

 Interested persons must submit written comments by June 4, 2012. 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 Veronica Kasi, Division of Technical and Financial Assistance, Department of Environmental Protection, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 772-4053,

 For further information about this request or the Trading Program visit the Department's web site at (DEP Keywords: ''Nutrient Trading'').


[Pa.B. Doc. No. 12-812. Filed for public inspection May 4, 2012, 9:00 a.m.]

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