PLAN AMENDMENTS AND TRANSFERS
§ 83.811. Plan amendments.
(a) A plan amendment is required if the operation expects to make a significant change in any animal housing and manure management facilities subject to this subchapter, prior to those changes being implemented.
(b) Any of the following are presumed to be a significant change in the operation which will require a plan amendment:
(1) A net increase of equal to or greater than 25% in AEUs, as measured from the time of the initial plan approval.
(2) If calculations in the plan as originally submitted are in error, or if figures used in the plan are inconsistent with this subchapter, and adequate justification has not been given in writing for the inconsistency.
(c) Any operation which would be required to submit a plan amendment under subsection (b) may avoid that requirement if it can demonstrate that there will not be an increase in the potential for offsite migration of odors under § 83.771 (relating to managing odors).
(d) Any operation that is required to implement Odor BMPs under § 83.781 (relating to identification of Odor BMPs), may submit a plan amendment requesting to change the Odor BMPs that are to be implemented, without conducting a new evaluation of the potential offsite migration of odors as described in § 83.771(b) (relating to managing odors), if the following applies:
(1) Supporting documentation is submitted, such as the implementation, operation and maintenance schedule, to demonstrate compliance with § 83.771(c).
(2) The operation is not making a significant change in the operation as described in subsection (b).
(3) The operator will continue to implement the original Odor BMPs until the Commission has approved the requested amendment.
(e) A plan amendment shall be developed and certified by an odor management specialist and be submitted to the Commission or delegated conservation district for approval under this subchapter.
Cross References This section cited in 25 Pa. Code § 83.812 (relating to plan transfers).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
