PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 130b]
Nutrient Management Certification
[35 Pa.B. 2101] The Department of Agriculture (Department), under section 7(a) and (b) of the Nutrient Management Act (act) (3 P. S. § 1707(a) and (b)), proposes to amend Chapter 130b (relating to nutrient management certification). Section 7(a) of the act, charges the Department of Agriculture (Department) in consultation with the State Conservation Commission (Commission) with the duty of, '' . . .establishing a nutrient management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop nutrient management plans.'' The Department was required to promulgate nutrient management certification regulations to, '' . . .establish such fees and terms and conditions of certification as it deems appropriate and establish individual, commercial and public certification categories, including a certification category for farmers to develop and certify nutrient management plans for their own agricultural operations.'' The current chapter sets forth those criteria and establish criteria for interim certification as required by section 7(b) of the act.
This proposed rulemaking is required to bring the Nutrient Management Certification Program (NMCP), into compliance with changes in the industry and pending changes to the nutrient management regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management). This proposed rulemaking will add new definitions to provide clarity, streamline and redefine the certification process and make other changes in response to problems, concerns and input from those administering the NMCP over the past 8 years and from persons currently certified under this chapter. This proposed rulemaking also deletes the section setting forth interim certification requirements, since interim certification is no longer necessary.
Summary of Major Features
Section 130b.2. Definitions
New definitions have been included for the terms ''designee,'' ''individual nutrient management specialist,'' ''commercial nutrient management specialist,'' ''nutrient management regulation,'' and ''public nutrient management specialist.'' The definitions of ''BMP,'' ''nutrient,'' ''nutrient management plan,'' ''provisional certification'' and ''recertification training'' have also been amended. The definitions were added or revised to provide clarification based on implementation of existing regulations over the past several years.
Section 130b.3. Fees
Language has been added to allow the Department to change certification and examination fees in any given year and publish those fees in the Pennsylvania Bulletin.
Section 130b.4. Interim certification
This section has been rescinded as there is no longer a need for an interim certification program.
Section 130b.5. Certification authority
Language has been added to clarify the authority under each nutrient management specialist certification category: ''individual,'' ''commercial'' and ''public.'' New categories have been added to further define and establish specific roles under the public nutrient management specialist category: ''public review specialist'' and ''public dual specialist.''
Section 130b.11. Determination of competence
Language has been added to clarify the training and certification requirements for each category of nutrient management specialist certification. In addition, two new categories and the training and certification requirements for those categories have been added for a public nutrient management specialist certification. In addition, language has been added to clarify the authority of the Department to determine mandatory courses. Furthermore, language was revised to change the provisional certification expiration to now end on the last day of the month on the third year from the date of issuance of the provisional certification.
Revisions were made to clarify the final certification requirements for ''commercial nutrient management specialist'' and ''public nutrient management specialist.''
Language was added to delineate that nutrient management plans required for final certification had to be approved nutrient management plans.
Finally, language was added to establish the procedures for a final certified nutrient management specialist to add or gain certification in an additional nutrient management specialist category.
Section 130b.12. Final certification
The heading of this section was revised for clarity. This section had previously been entitled ''eligibility.''
Language in this section was revised to reduce the time period for filing and submitting the fee for final certification from 180 days to 120 days.
Section 130b.21. Determination of competence
Language in this section was revised to reflect the name change from precertification training to orientation training. Language was added to the regulations to allow the Department to determine additional courses that would be needed to meet nutrient management certification requirements.
Section 130b.22. Final certification
The heading of this section was revised for clarity. This section had previously been entitled ''eligibility.''
Language in this section was revised to reduce the time period for filing and submitting the fee for final certification from 180 days to 120 days.
Section 130b.31. Recertification
The language of this section was amended to remove the ability of provisionally certified nutrient management specialists to earn continuing education credits. The new language will allow only final certified nutrient management specialists to receive continuing education credits.
Language was added to increase the amount of continuing education credits needed for recertification from 10 to 20 credits for commercial and public nutrient management specialists. Language was also added to establish that 5 of those 20 continuing education credits needed to be obtained through Department or Commission conducted courses to allow the Department better oversight of the type of courses specialists receive for certification.
Language was added to suspend a nutrient management specialist's final certification if the nutrient management specialist fails to obtain the appropriate number and type of continuing education credits necessary for recertification.
Section 130b.41. General
Language was added to address the new nutrient management categories under public specialists--''public review specialist'' and ''public dual specialist''--which were created by amendments to previous sections of the chapter.
Section 130b.51. Denial, suspension and revocation of certificates
Language was added to establish criteria for the denial, suspension or revocation of a nutrient management specialist's certification.
Fiscal Impact
Commonwealth
The proposed amendments will impose no additional fiscal impacts upon the Commonwealth. The proposed amendments will not require the Department to commit any additional amount of time and manpower to review of applications or the certification process.
Political Subdivisions
The proposed amendments will impose no costs and no fiscal impact upon political subdivisions. The proposed amendments do not impose any additional burden of enforcement of review on political subdivisions.
Private Sector
The proposed amendments will impose no significant costs on the private sector. The only additional costs to the regulated community may be in increased fees necessary to administer the NMCP.
General Public
The proposed amendments will impose no costs and have no fiscal impact on the general public.
Paperwork Requirements
The proposed amendments will not result in a substantial increase of paperwork. The Department will not have to develop new application forms or review procedures.
Public Comment Period
Interested persons are invited to submit written comments regarding the proposed amendments within 30 days following publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 30, 2005, the Department submitted a copy of the proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Agriculture and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
If IRRC has an objection to any portion of the proposed amendments, it will notify the Department within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Contact Person
Further information is available by contacting the Department of Agriculture, Nutrient Management Certification Program, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: Johan Berger (717) 772-4189.
Effective Date
The proposed amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
DENNIS C WOLFF,
SecretaryFiscal Note: 2-147. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V. BUREAU OF PLANT INDUSTRY
CHAPTER 130b. NUTRIENT MANAGEMENT CERTIFICIATION
Subchapter A. GENERAL PROVISIONS § 130b.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * BMP--Best management practice--A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface and groundwater taking into account applicable nutrient requirements for crop utilization. The term includes:
* * * * * (ix) Practices set forth in the nutrient management regulations.
* * * * * Designee--A person chosen or appointed by the Secretary of Agriculture to carry out the Secretary's duties under this chapter.
[Interim certification--A temporary designation by the Department issued to persons who meet the qualifications in section 7(b) of the act (3 P. S. § 1707(b)).]
Nutrient--A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value. The term includes livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, [sewage sludge] bio-solids or combinations thereof.
Nutrient management plan--A written site-specific plan which [incorporates BMPs to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria] meets the requirements in sections 4 and 6 of the act (3 P. S. §§ 1704 and 1706) and in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management).
Nutrient management regulations--The regulations set forth in 25 Pa. Code Chapter 83, Sub- chapter D (relating to nutrient management).
Nutrient management specialist--
(i) Individual--A person certified to develop nutrient management plans for his agricultural operation.
(ii) Commercial--A private sector person [who develops] certified to develop nutrient management plans for another [whether employed in the private or public sector] person's agricultural operation.
[(ii) Individual--A person who develops nutrient management plans for that person's own agricultural operation.]
(iii) Public--A State [or], Federal [employe,] or other public [employe who reviews nutrient management plans, or recommends approval to a conservation district or the Commission] employee certified to develop or review or both, nutrient management plans and make recommendations for approval or denial of nutrient management plans to a conservation district or the State Conservation Commission, or both.
(A) Review specialist. A public nutrient management specialist certified to review nutrient management plans and make recommendations for approval or denial of nutrient management plans.
(B) Dual specialist. A public nutrient management specialist certified to review and develop nutrient management plans for another person's agricultural operation and make recommendations for approval or denial of nutrient management plans which the specialist has not personally written or developed.
* * * * * Provisional certification--[An] The level of certification obtained by a nutrient management specialist applicant [for commercial or public nutrient management specialist] who has successfully completed the precertification training and [has] passed the written examination, but has not yet [to prepare,] developed or [review three] reviewed, or both, the required number of nutrient management plans.
Recertification training--The [successful] completion [by a currently certified nutrient management specialist] of continuing education and training requirements [contained] in § 130b.31 (relating to recertification).
§ 130b.3. Fees.
(a) [Commercial nutrient management specialist certificate. The triennial fee for a commercial certificate is $100.
(b) Public nutrient management specialist certificate. The triennial fee for a public certificate is $10.
(c) Individual nutrient management specialist certificate. The triennial fee for an individual certificate is $10.]
Certification fees. Certification fees are nonrefundable. The Department will establish certification fees for each level of nutrient management specialist. Notice of the fees or any changes to the fees in subsequent years will be published in the Pennsylvania Bulletin. The published fees will be effective for at least 1 calendar year. Fees will be based on the cost of administering and enforcing this chapter.
(b) Examination [fee] fees. Examination fees are nonrefundable. The Department will establish examination fees for each level of nutrient management specialist. Notice of the fees or any changes to the fees in subsequent years will be published in the Pennsylvania Bulletin. The published fees will be effective for at least 1 calendar year. Fees will be based on the cost of developing, amending and administering the tests and enforcing this chapter. [The following examination fees, with payment made in advance, will be charged:
(1) Commercial/public nutrient management specialist examination--$50.
(2) Individual nutrient management specialist examination--no charge.]
§ 130b.4. [Interim certification] (Reserved).
[A person who has interim certification as of September 28, 1996, will be provided written notice, within 30 days, by first class mail, that the Department has completed development of finalized regulations and is beginning to implement the official nutrient management certification program. This notice shall also inform recipients that upon receipt, their interim status shall cease and is no longer valid. An aplication and instructions to apply for certification will accompany the notification.]
§ 130b.5. Certification authority.
(a) Individual certification authority. A person certified under this chapter as an individual nutrient management specialist is authorized to develop nutrient management plans for his own agricultural operation. An individual nutrient management specialist has no authority to develop a nutrient management plan for another person or review and recommend action on a nutrient management plan.
(b) Commercial certification authority. A person certified under this chapter as a commercial nutrient management specialist is authorized to develop nutrient management plans for another person's agricultural operation. A commercial nutrient management specialist has no authority to review or recommend action on a nutrient management plan.
(c) Public certification authority. A public employee certified as a public nutrient management specialist has authority to review and recommend action or develop a nutrient management plan for another person, or both, dependent on the certification requirements he has successfully completed.
(1) Public nutrient management review specialist. A person certified under this chapter as a public nutrient management review specialist is authorized to review nutrient management plans and make recommendations for approval or denial of nutrient management plans.
(2) Public nutrient management dual specialist. A person certified under this chapter as a public nutrient management dual specialist is authorized to review and develop nutrient management plans for another person's agricultural operation and make recommendations for approval or denial of nutrient management plans which the specialist has not personally developed.
Subchapter B. CERTIFICATION
COMMERCIAL AND PUBLIC NUTRIENT MANAGEMENT SPECIALISTS § 130b.11. Determination of competence.
(a) Commercial nutrient management specialist. Determination of competence for a commercial nutrient management [specialists] specialist shall be based on [a precertification] the successful completion of precertification training and examinations as set forth in this section. Precertification requirements for a commercial nutrient management specialist shall include an orientation training course, [a written examination approved by the Department and the development of three nutrient management plans] a nutrient management plan writing course, a written examination approved by the Department and the development of three approved nutrient management plans. It may also include other course work related to requirements in the nutrient management regulations, which are determined by the Department to be necessary and appropriate. Nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.
(b) Public nutrient management specialist. Determination of competence for a public nutrient management [specialists] specialist shall be based on [a precertification training course, a written examination approved by the Department and the development of one plan and review of two plans] the level of certification sought to be attained. [All prepared plans and plan reviews completed under this subsection shall be determined to be adequate by the Commission or its designee.]
(1) Public nutrient management review specialist. To be certified as a public nutrient management review specialist, the applicant shall successfully complete precertification training and examinations as set forth in this section. The precertification requirements for a public nutrient management review specialist must include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course, a written examination approved by the Department, the successful review of two nutrient management plans and development of one approved nutrient management plan. It may also include other course work related to requirements set forth in the nutrient management regulations determined by the Department to be necessary and appropriate. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.
(2) Public nutrient management dual specialist. To be certified as a public nutrient management dual specialist, the applicant shall successfully complete precertification training and examinations as set forth in this section. The precertification requirements for a public nutrient management dual specialist must include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course, a written examination approved by the Department, the successful review of two nutrient management plans and the development of two approved nutrient management plans. It may also include other course work related to requirements set forth in the nutrient management regulations determined by the Department to be necessary and appropriate. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.
[(b)] (c) Precertification. The precertification training [course shall] must, at a minimum, consist of the following areas of nutrient management planning:
* * * * * (6) Proper nutrient management plan review procedures (public nutrient management specialists only).
(7) Proper nutrient management plan writing procedures (commercial, public nutrient management specialists only).
(8) Other areas and course work related to requirements in the nutrient management regulations, as determined appropriate by the Department.
[(c)] (d) Examination. The written examination will be proctored by the Department or its designee. The Department will administer the examination at least twice per year, or more often as deemed necessary by the Department. At a minimum, the successful completion of the examination will demonstrate an examinee's technical knowledge relating to nutrient management planning and nutrient management plan development in the following areas:
* * * * * (9) Other areas related to requirements in the nutrient management regulations, as determined appropriate by the Department.
[(d)] (e) Other examinations. The Department may approve the use of written examinations other than the Pennsylvania nutrient management examination, if the written examinations meet the requirements in subsection [(c)] (d).
[(e)] (f) Provisional certification. Upon the successful completion of the requirements in subsections [(b)] (c) and [(c)] (d), the applicant for certification as a commercial or public nutrient management specialist will be issued the appropriate provisional certification. The holder of a provisional certification is qualified, dependant on the type of provisional certification attained, to develop or review, or both, nutrient management plans [as provided in subsection (f).] for the purpose of satisfying the requirements of this section regarding final certification. Provisional certification is valid for 3 years ending on the last day of the month from the date of issuance.
[(f)] (g) Final certification requirements. Once provisional certification has been granted, [a] the provisionally certified specialist shall complete one of the following dependent on the type of provisional certification granted and final certification sought.
(1) Commercial nutrient management specialist. To attain final certification, a provisionally certified commercial nutrient management specialist shall develop three approved nutrient management plans which meet the requirements of section 6(e) of the act (3 P. S. § 1706(e)). Nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(2) Public nutrient management specialist. To attain final certification, a provisionally certified public nutrient management specialist shall do one of the following, dependent upon the level of provisional certification attained and the level of final certification sought:
(i) Public nutrient management review specialist. [A] To attain final certification, a provisionally certified public nutrient management review specialist shall [develop one plan and] successfully review two nutrient management plans [in accordance with] and develop one approved nutrient management plan which meets the requirements of section 6(e) of the act. [Commercial specialists shall submit, to the Department, evidence that the Commission or its designee has actually reviewed and approved the three plans. Public specialists shall submit to the Department, evidence that the Commission or its designee has actually reviewed and approved one prepared plan and determined the public specialist's review of two plans to be adequate.] Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(ii) Public nutrient management dual specialist. To attain final certification, a provisionally certified public nutrient management dual specialist shall successfully review two nutrient management plans and develop two approved nutrient management plans in accordance with section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
[(g) Upon completion of all the requirements of this section, a commercial nutrient management specialist may apply for certification to develop nutrient management plans and a public nutrient management specialist may apply for certification to review nutrient management plans. The appropriate fee shall accompany the specialist's application for certification.]
(h) Public nutrient management specialist to commercial nutrient management specialist. [A currently] When the Department or the Commission with the consent of the Department determines it is necessary or appropriate, a certified public nutrient management specialist [who wishes to] may obtain certification as a commercial nutrient management specialist. To attain the certification, a certified public nutrient management review specialist shall develop two approved nutrient management plans or a certified public nutrient management dual specialist shall develop [two] one approved nutrient management [plans] plan in accordance with section 6(e) of the act. The certified public nutrient management specialist seeking the certification shall submit the nutrient management plans or plan to the Department[, evidence that the Commission or its designee has actually reviewed and approved the plans] or its designee for review and approval.
(i) Public nutrient management review specialist to public nutrient management dual specialist. A certified public nutrient management review specialist may obtain certification as a public nutrient management dual specialist. To attain the certification, the certified public nutrient management review specialist shall develop one approved nutrient management plan in accordance with section 6(e) of the act. The applicant seeking to attain the certification shall submit the nutrient management plan to the Department or its designee for review and approval.
(j) Commercial nutrient management specialist to public nutrient management specialist. A [currently] certified commercial nutrient management specialist who wishes to obtain certification as a public nutrient management specialist [certification] shall complete a [precertification] nutrient management plan review course covering proper nutrient management plan review procedures and shall successfully review two nutrient managements plans in accordance with section 6(e) of the act. The [commercial nutrient management specialist] applicant seeking to attain the certification shall submit[,] the nutrient management plan reviews to the Department[, evidence that the Commission] or its designee [has actually reviewed and determined the specialist's review of the two plans to be adequate] for review and approval.
§ 130b.12. [Eligibility] Final certification.
(a) Application for final certification. Upon completion of all the requirements of this chapter, a commercial nutrient management specialist or a public nutrient management specialist may submit an application to the Department for final certification. The appropriate fee shall accompany the application for final certification.
(b) Eligibility for final certification. A person is eligible to apply for final certification as a commercial or public nutrient management specialist upon fulfilling the applicable requirements established under § 130b.11 (relating to determination of competence). An application for final certification may be obtained from the Department.
[(b)] (c) Time period for filing application. An application for final certification shall be filed with the Department within [180] 120-calendar days of notification by the Department of meeting the appropriate requirements in § 130b.11[(f)]. If the applicant fails to file an application with the Department within the prescribed [180] 120-calendar days, that person shall again satisfy the appropriate competency requirements as provided in § 130b.11[(a)--(f)].
[(c)] (d) Time period final certification is valid. A final [certificate] certification is valid for 3 years ending on December 31 of the third year following the date of final certification. However, the Department will authorize an additional year when the [certificate] certification is issued during the last 2 months of the initial certificate year.
INDIVIDUAL NUTRIENT MANAGEMENT SPECIALISTS § 130b.21. Determination of competence.
(a) Determination of competence for an individual nutrient management specialist shall be based on [a precertification] the completion of precertification training which includes an orientation training course and a written examination approved by the Department.
(b) The [precertification] orientation training course shall at a minimum consist of the same requirements as in § 130b.11[(b)] (c) (relating to determination of competence).
(c) The written examination shall be proctored by the Department or its designee. The Department will administer the examination [at least twice per year, or more often as deemed necessary by the Department] on an as needed basis, which will be determined by the number of requests for the testing. At a minimum, the successful completion of the examination will demonstrate an examinee's technical knowledge relating to nutrient management planning and nutrient management plan development in the following areas:
* * * * * (9) Other areas and coursework related to the requirements set forth in the nutrient management regulations as determined appropriate by the Department.
* * * * * § 130b.22. [Eligibility] Final certification.
(a) A person is eligible to apply for final certification as an individual nutrient management specialist upon fulfilling the requirements under § 130b.21 (relating to determination of competence). An application for certification may be obtained from the Department. The appropriate fee shall accompany the specialist's application for certification.
(b) An application for certification shall be filed with the Department no later than [180] 120-calendar days after the applicant's completion of the competency requirements. If the applicant fails to file an application with the Department within the prescribed [180] 120-calendar days, that person shall again satisfy the competency requirements as provided in § 130b.21(a)--(d).
(c) A certificate is valid for 3 years ending on December 31 of the third year following the date of certification. However, the Department will authorize an additional year when the [certificate] certification is issued during the last 2 months of the initial certificate year.
RECERTIFICATION § 130b.31. Recertification.
(a) At intervals of 3 years, [provisionally certified or] final certified commercial, public or individual nutrient management specialists shall provide written documentation of having received continuing education and training in Department-approved training courses in nutrient management planning and nutrient management plan development. Training shall address the specific areas in § 130b.11[(b)] (c) and [(c)] (d) (relating to determination of competence) for commercial and public specialists and § 130b.21(b) and (c) (relating to determination of competence) for individual specialists.
(b) Recertification credits approved by the Department will be given on the basis of attendance at approved training sessions, as provided in subsection (a). The Department will evaluate the training and assign the appropriate credits. Commercial and public specialists are required to obtain [ten] 20 credits [and individual] with one quarter or five of those credits being obtained through Department or Commission conducted courses. Individual specialists are required to obtain six credits during the recertification interval. The Department may, if deemed necessary, require specific training for certified nutrient management specialists, in addition to the required training in §§ 130b.11 and 130b.21. The Department will provide written notification to the certified nutrient management specialists of required specific training.
* * * * * (e) A recertification training course will be approved if at a minimum it consists of the same requirements as set forth in § 130b.11[(b)] (c) and [(c)] (d) and is conducted or sponsored by an educational institution, an association, a business, a governmental agency or other qualified source. Preapproval of recertification courses is vested solely with the Department.
* * * * * (g) If the Department or its designee is unable to monitor the training, the sponsor shall be responsible for verifying attendance and shall compile a list of Pennsylvania certified specialists in attendance. The list shall be returned to the Department within 10 working days following the training date and shall include the name of each person attending and their [certificate] certification number.
(h) If [the] a nutrient management specialist allows his final certification [of a nutrient management specialist is allowed] to expire and does not obtain recertification [credits are due, recertification of that specialist shall first require completion of] in accordance with this chapter, his final certification shall be suspended and the specialist shall refrain from all duties relating to his certification until all delinquent recertification credits are acquired as described in subsection (b).
(i) If a nutrient management specialist whose final certification has been suspended as set forth in subsection (h) fails to complete delinquent recertification credits within 1 year from the expiration date of his final certification [expiration date], his final certification shall be revoked and that person shall again satisfy the requirements of § 130b.11 and § 130b.12 (relating to eligibility) for commercial and public specialists, and § 130b.21 and § 130b.22 (relating to eligibility) for individual specialist.
RECIPROCITY § 130b.41. General.
(a) A person who has a valid certificate or license from another state may obtain certification in this Commonwealth if:
* * * * * (2) The applicant satisfies the required precertification training as set forth in § 130b.11[(b)] (c) (relating to determination of competence). The applicant will not be required to take a written examination to determine competence if the applicant satisfies the requirements of this subsection.
(b) Upon the successful completion of the requirements in subsection (a), the applicant for certification as a commercial or public nutrient management specialist will be issued provisional certification and shall complete the requirements in § 130b.11 [(f)] (g). Provisional certification is valid for 3 years ending on the last day of the month from the date of issuance.
(c) In addition to the requirements in subsection (a), if the applicant is a commercial nutrient management specialist, that [person shall submit written evidence to the Department, that the Commission or its designee has reviewed and approved three plans as provided in section 6(e) of the act (3 P. S. § 1706(e))] person shall develop three approved nutrient management plans which meet the requirements of section 6(e) of the act (3 P. S. § 1706(e)). If the applicant is a public nutrient management review specialist, [that person shall submit to the Department, evidence that the Commission or its designee has reviewed and approved one prepared plan and determined the public specialist's review of two plans to be adequate], that person shall successfully review two nutrient management plans and develop one approved nutrient management plan which meets the requirements of section 6(e) of the act. If the applicant is a public nutrient management dual specialist, that person shall successfully review two nutrient management plans and develop two approved nutrient management plans which meet the requirements of section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATES § 130b.51. Denial, suspension and revocation of certificates.
(a) The Department may, after notice, including a statement of the reasons therefore, [and opportunity for a hearing,] deny, suspend or revoke a commercial, public or individual nutrient management specialist's certification for [a] any of the following:
(1) Any violation of the act or [its resulting regulations] this chapter.
(2) Failure to obtain the required recertification credits.
(3) Inconsistency and demonstration of a lack of knowledge of nutrient management plan writing and review skills.
(4) Three or more occurrences within a 3-year period of delay or noncommunication with landowner or review agency during plan development or review.
(5) Falsifying information.
(6) Misrepresentation of the Nutrient Management Act Program.
(7) Any violation of program policy established by the Department, its designee or the State Conservation Commission.
* * * * *
[Pa.B. Doc. No. 05-650. Filed for public inspection April 8, 2005, 9:00 a.m.]
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