ODOR BMPs
§ 83.781. Identification of Odor BMPs.
(a) General. A plan must identify all existing and planned Odor BMPs used to address the potential for odor impacts from the facilities covered by the plan.
(b) Odor BMPs. Odor BMPs are only required if they are necessary to address the potential for impacts, and installation and operation of the BMPs are feasible from a practical and economic perspective. The Commission may require the agricultural operation to demonstrate why a particular Odor BMP is not feasible from a practical and economic perspective for the given operation.
(c) Level of Odor BMPs.
(1) Based on the evaluation in § 83.771(b) (relating to managing odors), and the criteria in subsection (b), determine the Odor BMPs which need to be included in the plan, if any. If Odor BMPs are needed, the BMPs must meet one of the following levels:
(i) Level 1 Odor BMPs. Basic management-oriented Odor BMPs that are applicable to the operation according to the species of animals, such as dust management, moisture control and facility sanitation, and that manage odors according to the purposes of this subchapter.
(ii) Level 2 Odor BMPs. Specialized nonmanagement oriented Odor BMPs that are applicable to the type of operation, such as windbreak shelterbelts, biofilters and manure storage covers, that are in addition to the Level 1 Odor BMPs, and that manage odors according to the purposes of this subchapter.
(2) The criteria and Odor BMPs contained in the current ‘‘Odor Management Guidance’’ issued by the Commission, and in effect at the time of plan submission, may be used to comply with this subsection. If the criteria and Odor BMPs contained in the current ‘‘Odor Management Guidance’’ issued by the Commission are not followed, an alternative method must be approved by the Commission.
(d) Description of Odor BMPs. The plan must list the Odor BMPs, their general construction and implementation criteria, and their operation and maintenance requirements.
(e) Implementation of supplemental Odor BMPs. Supplemental Odor BMPs may be implemented in addition to the approved Odor BMPs in the plan, on a temporary or permanent basis, without approval by the Commission or a delegated conservation district.
(1) Plan updates to address operational changes of these supplemental Odor BMPs shall be:
(i) Retained at the operation.
(ii) Submitted to the Commission or delegated conservation district for inclusion in the approved OMP within 30 days after the end of the calendar year in which they are implemented.
(2) Inspection reports, as provided for in § 83.802(b) (relating to plan implementation), may be used as documentation for plan updates.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general); 25 Pa. Code § 83.771 (relating to managing odors); and 25 Pa. Code § 83.811 (relating to plan amendments).
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