PLAN AMENDMENTS AND TRANFERS
§ 83.371. Plan amendments.
(a) A plan amendment is required if the operator expects to make significant changes in the management of nutrients from those contained in the approved plan, prior to those changes being implemented. Those significant changes in the management of nutrients which would require a plan amendment are any one of the following:
(1) A net increase of greater than 10% occurs in AEUs per acre.
(2) A change in crop management that results in a reduction of greater than 20% in nitrogen necessary for realistic expected crop yields or the amount the crops will utilize for an individual crop year.
(3) A change in excess manure utilization arrangements as described in the approved plan.
(i) 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.
(ii) No amendment is required to address the addition of a new importer if the operator submits the nutrient balance sheet and signed agreement required by this subchapter to the delegated conservation district overseeing the exporting farm, prior to transport. The district shall verify the adequacy of the documentation update the plan file with the new documentation and require formal approval of the new importer through a plan amendment when the plan is subject to the triennial review under § 83.362(c) (relating to plan implementation).
(4) If calculations in the plan as originally submitted are in error, or if figures used in the plan are inconsistent with the requirements of this subchapter, and adequate justification has not been given in writing for the inconsistency.
(5) If a BMP different than that called for in the approved plan, is proposed to address a manure management or stormwater management concern.
(6) 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.
(7) If alternative organic nutrient sources will replace or augment nutrient sources described in the plan.
(8) If additional lands are brought into the operation through purchase, lease or renting.
(9) If there is a change in the manure management system that is expected to result in a different nutrient content that requires a change in manure application rates under § 83.293 (relating to determination of nutrient application rates).
(10) If a change in manure application is necessary based on the reevaluation of potential phosphorus loss as part of the triennial review under § 83.362(c) (relating to plan implementation), or a change in manure application is necessary due to the end of the phase-in period under § 83.293(c)(3).
(b) A plan amendment under subsection (a) shall be developed and certified by a nutrient management specialist and shall be submitted to the reviewing agency under subsection (a).
(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, retained at the operation and submitted to the district for inclusion in the approved nutrient management plan. A plan amendment shall be submitted under this section to obtain approval of these changes, when the plan is subject to the triennial review under § 83.362(c).
Source The provisions of this § 83.371 amended June 2, 2006, effective October 1, 2006, 36 Pa.B. 2636. Immediately preceding text appears at serial page (232373).
Cross References This section cited in 25 Pa. Code § 83.204 (relating to applicability of requirements); 25 Pa. Code § 83.232 (relating to implementation and reporting); 25 Pa. Code § 83.261 (relating to general); 25 Pa. Code § 83.291 (relating to determination of available nutrients); 25 Pa. Code § 83.292 (relating to determination of nutrients needed for crop production); 25 Pa. Code § 83.362 (relating to plan implementation); and 25 Pa. Code § 83.373 (relating to plan transfers).
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