[34 Pa.B. 4361]
[Continued from previous Web Page]
ALTERNATIVE USES FOR EXCESS MANURE FOR [VOLUNTEER OR FINANCIAL ASSISTANCE] VAO PLANS § 83.411. Alternative manure utilization plans.
[For agricultural operations other than CAOs, the plan shall contain a description of the following:
(1) The estimated amount of manure to be utilized for other than land application on the operation.
(2) The intended season for the alternative manure utilization.
(3) The alternative manure utilization method such as:
(i) Land application by known importers.
(ii) Transfer through a manure broker.
(iii) Use on the agricultural operation in a manner other than land application.
(iv) Marketing through an open advertising system.]
(a) If manure will be exported for use off the VAO at known agricultural operations for agricultural land application, the following apply:
(1) The plan must include signed agreements, on a form acceptable to the Commission, between the VAO and each importing operator agreeing to accept the manure from the exporting operation. If the importing operator will be applying manure on lands rented or leased to that importing operator, the agreement must state that the importing operator has the authority to apply manure on the leased or rented lands.
(2) The importing operator is responsible for the proper handling and application of the imported manure accepted from an exporter, in accordance with the relevant nutrient balance sheet or the importer's nutrient management plan.
(3) A VAO exporting manure shall also be responsible for the handling and application of the manure if the VAO, or an employee or contractor of the VAO, applies manure at the importing operation.
(4) The plan must include copies of nutrient balance sheets applicable to each crop management unit where the exported manure will be applied. These nutrient balance sheets for importing operations must include a map identifying the areas where the imported manure will be applied and applicable manure application setbacks relevant to the site, including those identified in § 83.404 (relating to nutrient application procedures). Nutrient management plans implemented at the importing operations may be used to meet this requirement if they are attached to the plan.
(5) If the VAO will utilize a commercial manure hauler/applicator for the hauling or application of the exported manure, the plan must list the name of the commercial hauler/applicator that will be used. Only those haulers/applicators that meet the following qualifications shall be acceptable in the plan:
(i) Demonstrates knowledge of regulatory requirements related to transport and application of manure, as applicable, through completion of training, testing, experience or other means acceptable to the Commission.
(ii) Has maintained a record of substantial compliance with regulatory requirements to ensure proper handling and application of manure, including this subchapter, as determined by the Commission.
(iii) Agrees to maintain records documenting compliance with this subchapter.
(iv) Meets other requirements determined by the Commission to ensure the proper hauling and application of manure.
(6) The Commission may consider the requirements of paragraph (5) to be satisfied if the hauler or applicator is certified under either a certification program approved by the Commission or as required by statute.
(b) If manure will be exported for use off of the VAO through a manure broker, the following apply:
(1) The plan must include a signed agreement, on a form acceptable by the Commission, between the VAO exporting the manure and each broker agreeing to accept manure from the exporting operation. Brokers are responsible for the proper handling and storage (where applicable) of the manure accepted from the VAO. Only brokers that meet the following requirements shall be acceptable in the plan:
(i) Demonstrates knowledge of regulatory requirements related to transport and application of manure through completion of training, testing, experience or other means acceptable to the Commission.
(ii) Has maintained a record of substantial compliance with regulatory requirements, including this subchapter, as determined by the Commission.
(iii) Agrees to maintain records documenting compliance with this subchapter.
(iv) Meets other requirements determined by the Commission to ensure the proper hauling and application of manure.
(2) The Commission may consider the requirements of paragraph (1) to be satisfied if the broker is certified under a certification program approved by the Commission or where required by statute.
(3) If the manure accepted by a broker will be applied to agricultural operations for crop production, the broker shall be responsible for the development of nutrient balance sheets for all crop management units where the manure will be applied. These nutrient balance sheets shall be retained by the broker and provided by the broker to the importing operation, for retention on the importing operation. Instead of developing nutrient balance sheets, the broker can ensure that an approved nutrient management plan exists for the importing sites.
(c) If manure will be exported for use off of the VAO to a known importer for use other than agricultural land application, the plan must include the following information.
(1) The name and general location of the importing agricultural operation.
(2) A brief description of the planned use for the imported manure.
(3) The amount of manure the operator plans to export to the importer annually.
(4) The planned season for the manure export.
(5) A signed agreement between the VAO and each importing operation agreeing to accept the manure for this use, on a form acceptable by the Commission.
(d) If manure is to be processed or utilized on the VAO in a manner other than for agricultural land application, the plan must briefly describe the planned use of the manure, including the amount planned to be processed or utilized annually.
(e) If manure is to be exported for use off of a VAO existing on ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) by using an open advertising system and the importers cannot be identified at planning time, the following apply:
(1) The plan must describe the proposed marketing scheme, including the estimated amount of manure planned to be marketed annually using an open advertising system.
(2) An operator may only utilize this method of exporting manure if the operator meets the manure broker requirements of subsection (b).
(3) The exporting VAO shall develop nutrient balance sheets for the importing operations, and provide them to the importing operator. These nutrient balance sheets shall be maintained by the exporting VAO, the importing operation and any manure hauler/applicator involved in the exporting of the manure. Nutrient management plans implemented at the importing operations may be used to meet this requirement if they are attached to the plan.
(f) The plan is not required to provide the specific plan details as provided in subsections (a)--(e) in these circumstances:
(1) If an importer receives less than the following amounts of manure from the VAO on an annual basis: 10 tons of solid poultry manure, 50 tons of solid nonpoultry manure, or 25,000 gallons of liquid manure. In these instances, the plan must list the name and location of the importing operation, and when and how much manure will be exported to the importing operation, as well as the proposed usage of the imported manure.
(2) If small quantities of manure, not to exceed 2,000 pounds annually, are expected to be marketed to individuals. In these circumstances, the plan must describe the total amount of manure planned to be marketed in this manner, and the intended use of the manure.
(g) The land application of manure exported from a VAO shall be restricted as follows:
(1) The exported manure must not be applied to land within 150 feet of surface waters, unless otherwise allowed under an approved nutrient management plan meeting the appropriate planning criteria established under this subchapter.
(2) Land application of all exported manure shall also comply with the other applicable manure application setbacks under § 83.404.
MANURE MANAGEMENT FOR [VOLUNTEER OR FINANCIAL ASSISTANCE] VAO PLANS § 83.421. Manure management.
(a) In the preparation of a plan, the nutrient management specialist[, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel,] shall perform a site visit to conduct a review of the adequacy of existing manure management practices to prevent surface water or groundwater pollution [under normal climatic conditions for the location] from storm events up to and including a 25-year, 24-hour storm intensity. The specialist may confer with NRCS, conservation district staff or others with expertise with nutrient runoff control. This review shall be documented in the plan and shall identify those conditions and areas where nutrients directly discharge, or have the potential to directly discharge, into surface water as a result of a storm event up to and including a 25-year, 24-hour storm intensity, due to inadequate manure management practices. For purposes of this review, direct discharges are any flows of stormwater contaminated with manure to surface waters without prior filtration or other treatment, such as grassed filter strips. Practices to be evaluated in this review include manure handling, collection, barnyard runoff control[,] and storage [and spreading] practices. Examples of inadequate manure management practices include the following:
(1) Manure, contaminated water or nutrients leaving manure storage or animal concentration areas, and discharging into surface water or groundwater.
(2) The uncontrolled flow of storm water into, or across, manure storage facilities, [temporary] manure stacking areas [and] or animal concentration areas.
* * * * * (6) Manure storage facilities which otherwise do not comply with § 91.36 (relating to pollution control and prevention at agricultural operations), the Manure Management Manual and the Pennsylvania Technical Guide.
(b) The plan shall address any existing inadequate manure management practices as follows:
(1) As part of a plan certification under § 83.261(g) (relating to general), the nutrient management specialist shall [assure] ensure that the review required under subsection (a) was undertaken in the preparation of the plan.
(2) The plan [will] must contain [those BMPs that are necessary] a listing of inadequate manure management practices and related conditions and problem areas, and the BMPs planned to correct [identified water contamination sources and] them to protect surface water and groundwater.
(c) [During the implementation of the approved plan, the] The BMPs shall be selected, designed, constructed and maintained to meet the specifications contained in the Manure Management Manual and the Pennsylvania Technical Guide.
(d) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs and associated Operation and Maintenance Plans to implement the BMPs listed in the approved plan. The BMP designs and associated Operation and Maintenance Plans shall be kept on record by the operator as a supplement to the plan.
(e) Animal concentration areas shall be sized, located, implemented and managed to eliminate the direct discharge of polluted storm water from these areas to surface water and groundwater, as described in the Manure Management Manual and the Pennsylvania Technical Guide, including the following requirements which shall be addressed in the plan:
(1) The size of animal concentration areas shall be minimized.
(2) These areas shall be located as to eliminate the direct discharge of polluted storm water from a storm event of up to and including a 25-year 24-hour storm intensity, except as allowed in subsection (5).
(3) Accumulated manure on nonvegetated animal concentration areas shall be collected and land-applied to cropland, or exported from the operation, as described in the plan.
(4) These areas will be managed so as to minimize the amount of clean water entering the animal concentration area.
(5) Polluted storm water from these areas will be managed and properly applied, stored or treated through an appropriate vegetative area or other suitable treatment process, which shall meet the requirements of this subchapter and the Pennsylvania Technical Guide, to eliminate the direct discharge of polluted storm water to surface waters or groundwater.
(6) Animal access to surface water in these areas shall be controlled.
[(c)] (f) The following BMPs [may be], as appropriate, shall be used if necessary, and shall be described in the plan, to protect water quality [and to control water in] by controlling storm water in the farmstead, including the manure storage and animal concentration areas:
(1) Manure storage facilities including permanent manure stacking areas. The construction of manure storage facilities is not required unless necessary to protect surface water and groundwater as part of an integrated nutrient management system. Nutrient management plans that require the construction of a manure storage facility must describe the planned type, dimensions and capacity of the proposed facility, and the location of the proposed facility must be identified on a plan map.
(2) [Adequate collection of manure from animal concentration areas for utilization on cropland or for other acceptable uses.] Diversion of clean water from manure storage facilities and animal concentration areas, unless required for proper operation of an integrated nutrient management system.
(3) [Diversion of contaminated runoff within animal concentration areas to a storage, lagoon, collection basin, vegetated filter area, or another suitable site or facility.] Treatment or storage of storm water contaminated through contact with manure in the manure storage or animal concentration areas.
(4) [Diversion or elimination of contaminated water sources unless required for proper operation of the manure management system.
(5)] Temporary manure stacking areas, if they are located outside of concentrated water flow areas and areas where manure application is restricted or prohibited based on § 83.404[(5)] (e) (relating to nutrient application procedures).
[(6)] (5) Other appropriate BMPs acceptable to the Commission, including those described in the Manure Management Manual and the Pennsylvania Technical Guide.
[(d)] (g) * * *
[(e)] (h) * * *
[(f)] (i) The siting, design and installation of manure storage facilities shall meet the requirements in § 83.461 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities) [and], the Manure Management Manual and the Pennsylvania Technical Guide, as they relate to water quality protection.
(j) If alternative manure technology practices and equipment are planned to address nutrient management issues related to the operation, the rationale for and expected benefit of the planned alternative practices and equipment shall be described in the plan.
§ 83.422. Site specific emergency response plans.
(a) VAOs shall develop and implement a written site-specific emergency response plan addressing actions to be taken in the event of a discharge, leak or spill of materials containing manure. A copy of the plan shall be kept onsite at the operation. The emergency response plan must contain information necessary to meet the notification requirements for reporting discharge, leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § 91.33 (relating to incidents causing or threatening pollution).
(b) In the case of a discharge, leak or spill of materials containing manure related to the operation, the operator shall implement the emergency response plan developed for the operation. The operator shall comply with the notification and reporting requirements.
(c) The nutrient management plan shall contain a verification from a certified planner that an adequate written site-specific emergency response plan meeting the requirements of this section exists for the VAO.
(d) It is recommended that the operator provide a copy of the emergency response plan to the local emergency management agency that would assist during a major discharge, leak or spill event.
(e) A BMP-specific contingency plan as required by § 83.461 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities) shall be included as an addendum to the emergency response plan.
STORMWATER [RUNOFF] CONTROL FOR [VOLUNTEER OR FINANCIAL ASSISTANCE] VAO PLANS § 83.431. Stormwater [runoff] control.
(a) [Field runoff control.
(1)] In the preparation of a plan, the nutrient management specialist[, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel,] shall conduct a review of the adequacy of existing [runoff] stormwater control practices on [fields,] croplands, haylands and pastures included in the plan to prevent surface and groundwater pollution. The specialist may confer with NRCS, conservation district staff or others with expertise with nutrient runoff control. This review shall be included in the plan and shall identify [those] critical runoff problem areas [where nutrients directly discharge into surface water or groundwater].
[(2)] (b) The plan shall contain a list of specific [runoff] stormwater control BMPs to address those critical runoff problem areas identified in the review required under [paragraph (1)] subsection (a). This list of [runoff] stormwater control BMPs may not be in conflict with other relevant plans developed for the operation, such as a current [conservation plan, developed for the operation] Conservation Plan, unless otherwise [justified in writing by the planner to] approved by the Commission or delegated conservation district.
[(3)] (c) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs and associated Operation and Maintenance Plans to implement the BMPs listed in the approved plan, and these BMP designs and associated Operation and Maintenance Plans shall be kept on record by the operator as a supplement to the plan.
[(4)] (d) BMPs listed in the plan to address critical runoff problem areas shall be selected, designed, installed, operated and maintained in accordance with the practices and standards contained in the Manure Management Manual and the Pennsylvania Technical Guide.
[(5) Although an erosion and sedimentation control plan, meeting the requirements of Chapter 102 (relating to erosion and sediment control),] (e) The plan must include a verification from the specialist developing the plan, indicating that a current Erosion and Sediment Control Plan, meeting the requirements of Chapter 102 (relating to erosion and sediment control), exists for all plowed or tilled croplands included in the plan. A current Conservation Plan may be used to meet this requirement, as allowed by Chapter 102. The Erosion and Sediment Control Plan is not required to be submitted as part of a nutrient management plan [under the act, meeting the requirements of]. Compliance with this section will not eliminate the operator's responsibility to comply with Chapter 102 or other relevant State laws or regulations relating to the control of erosion and sedimentation from [earth moving] construction activities [such as agricultural plowing and tilling].
[(6)] (f) For areas on land rented [land] or leased by the operator that have been identified as critical runoff problem areas which will require the installation of BMPs requiring construction activities, the operator shall do one of the following:
* * * * * [(b) Animal concentration areas.
(1) The plan shall address stormwater runoff controls in animal concentration areas in a manner that meets the provisions of § 83.421(a)--(c) (relating to manure management).
(2) Runoff controls in animal concentration areas shall be designed, installed, operated and maintained in accordance with the standards contained in the Pennsylvania Technical Guide.
(3) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan, and these BMP designs shall be kept on record by the operator as a supplement to the plan.]
IMPLEMENTATION SCHEDULE FOR [VOLUNTEER OR FINANCIAL ASSISTANCE ] VAO PLANS
RECORDKEEPING AND INFORMATIONAL REQUIREMENTS FOR [VOLUNTEERS] VAOs § 83.451. General recordkeeping requirements.
Unless otherwise specified, records required under this subchapter are not required to be submitted to the Commission or a delegated conservation district, but shall be retained by the agricultural operation [complying with the act], for at least 3 years.
§ 83.452. Recordkeeping relating to application of nutrients.
(a) An approved plan [voluntarily] developed for [agricultural operations seeking the limited liability protection under § 83.206 (relating to limitation of liability)] a VAO shall[, at a minimum,] be supported by the information required in [this section and] §§ 83.453 and 83.454 (relating to alternative manure utilization recordkeeping; and exported manure informational packets).
(b) The operator of [an agricultural operation that develops a plan under the act] a VAO shall keep the following accurate records of the land application of nutrients, crop yields and soil tests on the agricultural operation.
(1) Records of soil testing results shall be maintained consistent with § [83.401(e)] 83.402(e) (relating to determination of [available] nutrients needed for crop production). Soil testing is required once every 3 years for each crop management unit.
(2) Records of manure testing results and testing of other nutrient sources shall be maintained consistent with § 83.401[(b)(3)] (relating to determination of available nutrients). Manure testing is required once every year for each manure group.
(3) Land application of nutrients on [an agricultural operation] a VAO shall be documented on an annual basis by recording the following information for each source of nutrients:
* * * * * (ii) The [months] dates of nutrient application.
(iii) The rate of nutrient application for each [field or] crop [group] management unit.
(vi) The number of animals on pasture, the number of days on pasture and the average number of hours per day on pasture.
(4) Approximate annual crop yield levels for each crop [group] management unit shall be recorded.
(5) Annual manure production [calculated consistent with procedures in § 83.401(b)(2) shall be recorded] figures for each manure group.
§ 83.453. Alternative manure utilization recordkeeping.
(a) [Recordkeeping for manure transfers. When manure is exported from an operation voluntarily complying with the act, records shall be kept which indicate the amount of manure exported, when it was exported and to whom it was exported.
(b) Recordkeeping for alternative manure utilization by means other than manure transfer. Operators shall keep annual records of the amount of manure utilized in any manner other than through manure transfers.]
Recordkeeping for manure exports. The following recordkeeping requirements apply to manure exported off of the VAO:
(1) A manure export sheet shall be used for all manure transfers from VAOs.
(2) The Commission or delegated conservation district will make copies of the manure export sheet forms available to VAOs.
(3) Computer-generated forms other than the manure export sheet forms provided by the Commission may be used if they contain the same information as, and are reasonably similar in format to, the forms provided by the Commission.
(4) Recordkeeping related to the application of exported manure shall comply with the following:
(i) The exporter is responsible for the completion of the manure export sheet, providing a copy to the importer and retaining a copy at the exporting operation.
(ii) When the exporter, or person working under the direction of the exporter such as an employee or a manure hauler/applicator, applies the manure to the land, the exporter is responsible for maintaining records of the actual application dates, application areas (including the observation of any relevant setback restrictions), application methods, and application rates for the exported manure.
(iii) When the manure is exported through a broker, the exporting VAO is not responsible for obtaining records of actual application information for importing operations, unless the exporting operator manages the application of the manure. The broker shall retain records of the application of all manure (including date, areas, methods and rates applied) and shall provide a copy of these application records to the importing site for their records.
(b) Recordkeeping for alternative manure utilization by means other than manure export. Operators shall keep annual records of the amount and use of manure utilized in any manner other than through manure transfers.
§ 83.454. Exported manure informational packets.
(a) If manure is exported from a CAO, the exporter shall provide the importer and any relevant manure hauler/applicators or brokers with a completed manure export sheet.
(b) If the manure is to be land applied, the exporter is required to provide the following information to the importer or broker, as supplied by the Commission or its delegated agent:
(1) The applicable sections of the Manure Management Manual.
(2) A concise educational publication describing the key concepts of nutrient management.
(3) Additional informational items as supplied by the Commission for this purpose.
(c) The Commission or its delegated agent will provide the materials in subsection (b) for distribution by the exporter. The exporter is only required to provide those items in subsection (b) that have been made available to the exporter by the Commission or its delegated agent.
(d) The exporter is responsible for providing the informational materials described in subsection (b) only if the importer, hauler/applicator or broker does not already have a current copy of the informational materials.
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES ON [VOLUNTEER OR FINANCIAL ASSISTANCE OPERATIONS] VAOs § 83.461. Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities.
(a) The minimum standards contained in this section apply to new manure storage facilities constructed, and existing manure storage facilities expanded, as part of a plan developed [and approved as a condition of receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or developed for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability)] for a VAO.
(1) Manure storage facilities shall be designed, constructed, located, operated, maintained, and, [when] if no longer used for the storage of manure, removed from service, [to prevent the pollution of] in a manner that protects surface water and groundwater quality, and prevents the offsite migration of pollution, by meeting the standards contained in the Manure Management Manual and the Pennsylvania Technical Guide, except [when] if these standards conflict with this subchapter.
(2) In addition to complying with paragraph (1), manure storage facilities shall be designed and located in accordance with the following criteria:
(i) Facilities shall comply with the applicable criteria in § 91.36 (relating to pollution control and prevention at agricultural operations).
(ii) Facilities shall comply with the applicable criteria in Chapter 105 (relating to dam safety and waterway management).
[(ii)] (iii) * * *
[(iii)] (iv) * * *
[(iv)] (v) For [agricultural operations] VAOs that were producing livestock or poultry on or before October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed:
* * * * * (F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8% or [have] a facility has a capacity of 1.5 million gallons or greater.
(G) Within 200 feet of a property line, [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8%[, where] and if the slope is toward the property line, or [have] a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
[(v)] (vi) For [agricultural operations on] VAOs agricultural operations that come into existence after October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed:
* * * * * (F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8% or [have] has a capacity of 1.5 million gallons or greater.
(G) Within 300 feet of a property line, [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8%, [where] and if the slope is toward the property line, or [have] a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 300 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
[(vi)] (vii) The Commission or a delegated conservation district may waive the distance restrictions in subparagraph [(iv)] (v)(A), (B) and [(E)--(G)] (F), if the following can be demonstrated to the satisfaction of the Commission or a delegated conservation district:
(A) The siting restrictions contained in subparagraph [(iv)] (v) would make the placement economically unreasonable or physically impractical.
* * * * * (3) The designer of the manure storage facility [required by] described in the plan shall address the following:
* * * * * (iii) An onsite investigation to evaluate the site suitability for a facility in accordance with the standards in the Manure Management Manual and the Pennsylvania Technical Guide.
(b) The repair of an existing manure storage facility that is part of a plan developed for a VAO under the act shall comply with applicable standards in the Manure Management Manual and the Pennsylvania Technical Guide. The location standards do not apply to these facility repairs.
(c) The site specific design for the construction, expansion or major repair of a liquid or semisolid manure storage facility covered under the act shall be done or approved by an engineer registered in this Commonwealth. The engineer shall certify that the design complies with the applicable design standards described in the Manure Management Manual and the Pennsylvania Technical Guide. At least 2 weeks prior to installation of the facility or the repair, the registered engineer shall submit a verification (including a quality assurance inspection plan for construction) to the Commission or delegated conservation district documenting that the design, meeting the criteria established in the Manure Management Manual and the Pennsylvania Technical Guide, has been completed, and that any applicable setback requirements have been met. The responsible engineer and construction contractor shall certify to the Commission or delegated conservation district that construction of the manure storage facility was completed according to the design and construction standards.
(d) A written site specific contingency plan, developed in accordance with the standards contained in the Pennsylvania Technical Guide, addressing actions to be taken in the event of a manure leak or spill from a manure storage facility covered under the act, shall be developed and kept onsite at the operation. In the case of a leak or spill of manure from a manure storage facility covered under the act, the operator is responsible for implementation of the site specific contingency plan developed for the operation. The contingency plan shall contain information necessary to meet the notification requirements for reporting leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § [101.2(a)] 91.33 (relating to incidents causing or threatening pollution).
* * * * *
PLAN REVIEW AND IMPLEMENTATION FOR [VOLUNTEERS OR FINANCIAL ASSISTANCE RECIPIENTS] VAOs § 83.471. Initial plan review and approval.
(a) Plans or plan amendments for [agricultural operations other than CAOs] VAOs may be submitted for initial review and approval to delegated conservation districts or alternatively to the Commission for agricultural operations located in counties not delegated administrative authority under § 83.241 (relating to delegation to local agencies). A person performing the plan review shall be certified in accordance with the Department of Agriculture's nutrient management specialist certification requirements in 7 Pa. Code [§§ 130b.1--130b.51] Chapter 130b (relating to nutrient management certification).
(b) A plan or plan amendment [voluntarily] developed for [an agricultural operation other than a CAO] a VAO and submitted to the Commission or delegated conservation district shall be deemed approved unless disapproved by the Commission or conservation district within 90 days of receipt of a complete plan or plan amendment. The notice of determination to [modify or] disapprove a plan or plan amendment shall be provided in writing to the operator submitting the [same] plan or plan amendment and shall include an explanation specifically stating the reasons for [modification or] disapproval. The Commission or delegated conservation district shall, within 10 days from the date of receipt of the plan or plan amendment, provide notice to the operator indicating [any missing or incomplete elements of the plan submission] whether all of the required plan elements have been received.
(c) Approvals shall be granted only for those plans or plan amendments that satisfy the requirements of [the act and] this subchapter.
§ 83.472. Plan implementation.
(a) Plans developed and approved for [non-CAOs as a condition for receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability),] VAOs shall be implemented in accordance with the implementation schedule contained in the plan as agreed upon by the operator and the Commission or a delegated conservation district.
(b) [Whatever adjustments are made in the implementation of the approved plan, the nutrient] Nutrient application rates shall be [balanced] developed as described in § 83.403 (relating to determination of nutrient application rates) and shall be implemented upon approval of the plan or plan amendment, as applicable. The [owner,] operator [or nutrient management specialist] shall review the approved plan at least annually to ensure that this condition is met.
(c) At least every 3 years, the approved plan shall be reviewed by a commercially or individually certified nutrient management specialist. If the agricultural operation is still consistent with the approved plan and the nutrient content and soil test values used in the plan have not significantly changed, and the accepted reference factors used in the plan have not changed since approval, the specialist shall provide notice of this to the reviewing agency. A plan amendment shall be submitted to the reviewing agency in accordance with § 83.471(a) (relating to initial plan review and approval), if the agricultural operation has changed from that described in the approved plan [(see], as required by § 83.481 (relating to plan amendments)[)].
(d) Limited liability protection, as described in § 83.206 (relating to limitation of liability), is afforded to those operators properly implementing an approved plan under this subchapter.
PLAN AMENDMENTS AND TRANSFERS FOR [VOLUNTEERS AND FINANCIAL ASSISTANCE RECIPIENTS] VAOs § 83.481. Plan amendments.
(a) [For plans approved for non-CAOs as a condition for receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability) a] A plan amendment is required [when] if the operator of [an agricultural operation] a VAO expects to make significant changes in the management of nutrients from those contained in the approved plan. Those significant changes in the management of nutrients which would require a plan amendment are [as follows] any one of the following:
* * * * * (3) [When] If calculations in the plan as originally submitted are in error, or if figures used in the plan are inconsistent with those contained in the Pennsylvania Agronomy Guide and [the Manure Management Manual] associated fact sheets and manuals, and adequate written justification has not been given for the inconsistency.
(4) [When] If a BMP different [BMP] than that called for in the approved plan is proposed to address a manure management or stormwater management concern.
(5) [When] If, after the first 3 years of implementing the plan, actual yields are less than 80% of the expected crop yields used in the development of the plan.
(6) [When] If an operation changes from a [non-CAO] VAO status to a CAO[, and the original plan needs to be updated to include those items required of only CAO plans].
(7) A change in excess manure utilization arrangements as described in the approved plan. No amendment is required to address the loss of an importer if the loss does not impair the operator's ability to properly manage the manure generated on the operation.
(8) If alternative organic nutrient sources will replace or augment nutrient sources described in the plan.
(9) If additional lands are brought into the operation through purchase, lease or renting.
(10) If there is a change in the manure management system that is expected to result in a significant change in the manure nutrient content.
(b) A plan amendment[, as required in] under subsection (a), shall be developed and certified by a nutrient management specialist and shall be submitted to the reviewing agency in accordance with § 83.471(a) (relating to initial plan review and approval).
(c) Plan updates to address operational or computation changes other than those described in subsection (a) shall be developed and certified by a commercial or individual nutrient management specialist and retained at the operation and submitted to the district for inclusion in the approved nutrient management plan.
CONTAGIOUS DISEASE EMERGENCIES ON [VOLUNTEER OR FINANCIAL ASSISTANCE OPERATIONS] VAOs § 83.491. Manure management in emergency situations.
* * * * * (c) Unless otherwise directed by the quarantine, [those volunteers receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or those volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability),] VAOs shall develop an amended plan addressing the management of manure under the quarantine. This plan shall be certified by a nutrient management specialist prior to implementation and submitted to the reviewing agency within 30 days of implementation.
* * * * * (f) The application of manure during the quarantine shall be done in accordance with § 83.404[(5)] (f) (relating to nutrient application procedures).
(g) Standard soil tests will be required each year for crop [fields] management units when the implementation of the quarantine required that nutrients be applied in excess of the amount the crop can use, and continue for 3 successive years thereafter. In addition to the standard test, an appropriate test indicating the amount of nitrogen available for crop uptake shall be required for 1 year beyond the cessation of excess manure application.
[Pa.B. Doc. No. 04-1474. Filed for public inspection August 6, 2004, 9:00 a.m.]
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