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Nutrient Credit Trading Program; Credit Certification

[45 Pa.B. 2008]
[Saturday, April 18, 2015]

 The Department of Environmental Protection (Department) provides notice of its intention under the Nutrient Credit Trading Program (Trading Program) to approve certification of pollutant reduction activities to generate credits by 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. For a list of these point sources see Table 7-1 of the Phase 2 Watershed Implementation Plan (Phase 2 WIP) Wastewater Supplement, available at www.depweb.state.pa.us/npdes-bay or the Department's Nutrient Trading Program web site at www.depweb.state.pa.us/nutrient_trading. Also 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).

Credit Certification

 Effective October 1, 2015, 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 phosphorus (TP) (that is, ''baseline concentrations'') in accordance with the procedures described in the Phase 2 WIP Nutrient Trading Supplement. When effluent limitations for TN or TP, or both, are established in Part A of the permit for reasons other than the Cap Load assigned for protection of the Chesapeake Bay, the permittee is eligible to generate credits when the permittee demonstrates that these effluent limitations have been achieved in accord with the Phase 2 WIP Nutrient Trading Supplement. In addition:

 • To generate credits, facilities must be able to 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.

 • This new point source certification will expire on September 30, 2017.

 • Existing approved point source certifications that were approved prior to October 1, 2014, will expire on September 30, 2015. This includes all certifications allowing for the generation of credits using the assigned Cap Load as baseline. This existing method of credit calculation will not be used after Compliance Year 2015.

 • Beginning October 1, 2015, Compliance Year 2016, the calculation of credits will be made using new formulas described in the Phase 2 WIP Nutrient Trading Supplement.

Written Comments

 Interested persons may submit written comments on this credit certification request by May 20, 2015. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address. Written comments should be submitted to Jay Braund, Department of Environmental Protection, Bureau of Point and Non-Point Source Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jbraund@pa.gov.

 Questions regarding this certification request or the Trading Program should be directed to Jay Braund, (717) 772-5636, jbraund@pa.gov. Additional information on the Training Program is available on Department's web site at www.dep.state.pa.us (DEP Keywords: ''Nutrient Trading'').

JOHN QUIGLEY, 
Acting Secretary

[Pa.B. Doc. No. 15-732. Filed for public inspection April 17, 2015, 9:00 a.m.]



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