Subchapter G. FACILITY ODOR MANAGEMENT
GENERAL PROVISIONS Sec.
83.701. Definitions.
83.702. Scope.
83.703. Purpose.
83.704. Relation to Subchapter D (relating to nutrient management regulations).
83.705. Preemption of local ordinances.
83.706. Limitation of liability.
83.707. Compliance assistance and enforcement.
FINANCIAL ASSISTANCE FOR PLAN DEVELOPMENT
83.711. Applicant eligibility.
FINANCIAL ASSISTANCE FOR PLAN IMPLEMENTATION
83.721. Applicant eligibility.
DELEGATION TO CONSERVATION DISTRICTS
83.731. Delegation to conservation districts.
ODOR MANAGEMENT PLANS
83.741. General.
CONTENT REQUIREMENTS FOR ALL PLANS
83.751. Content of plans.
PLAN SUMMARY INFORMATION
83.761. Identification of agricultural operations and regulated facilities.
83.762. Operator commitment statement.
MANAGING ODORS
83.771. Managing odors.
ODOR BMPs
83.781. Identification of Odor BMPs.
83.782. Implementation schedule.
83.783. Operation and maintenance schedule.
DOCUMENTATION REQUIREMENTS
83.791. General documentation requirements.
83.792. Documentation relating to plan implementation.
PLAN REVIEW AND IMPLEMENTATION
83.801. Initial plan review and approval.
83.802. Plan implementation.
PLAN AMENDMENTS AND TRANSFERS
83.811. Plan amendments.
83.812. Plan transfers.
Authority The provisions of this Subchapter G issued under 3 Pa.C.S. § 504(1.1); section 4 of the Conservation District Law (3 P. S. § 852); and section 503(d) of the Conservation and Natural Resources Act (71 P. S. § 1340. 503(d)).
Source The provisions of this Subchapter G adopted November 28, 2008, effective February 27, 2009, 38 Pa.B. 6459, unless otherwise noted.
Cross References This Subchapter G cited in 7 Pa. Code § 130f.2 (relating to definitions).
GENERAL PROVISIONS
§ 83.701. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
AEU—Animal equivalent unit—One thousand pounds live weight of livestock or poultry animals, on an annualized basis, regardless of the actual number of individual animals comprising the unit.
Act—3 Pa.C.S. § § 501—522 (relating to nutrient management and odor management).
Agricultural operations—The management and use of farming resources for the production of crops, livestock or poultry.
Animal housing facility—A roofed structure or facility, or any portion thereof, used for occupation by livestock or poultry.
CAFO—Concentrated animal feeding operation—An agricultural operation that meets the criteria established by the Department in regulations under the authority of The Clean Streams Law (35 P. S. § § 691.1—691.1001), found in Chapter 92 (relating to National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance).
CAO—Concentrated animal operation—Agricultural operations with eight or more animal equivalent units where the animal density exceeds two AEUs per acre on an annualized basis.
Commission—The State Conservation Commission established by the Conservation District Law (3 P. S. § § 849—864).
Conservation district—A county conservation district established under the Conservation District Law.
Construction or construction activities—The act or process of systematically building, forming, assembling or otherwise putting together a facility or parts of a facility.(i) The terms do not include any of the following, when used in relation to the following activities at animal housing facilities:
(A) Replacement of existing equipment at an existing animal housing facility.
(B) Replacement of an existing animal housing facility in existence as of February 27, 2009, that has been destroyed by fire, flooding, wind, or other acts of God, vandalism, or other similar circumstances beyond the operator’s control, with a facility that is of similar animal capacity.
(ii) The terms do not include any of the following, when used in relation to the following activities at manure management facilities:
(A) Improving the integrity of an existing manure storage facility with no more than a 15% increase in manure storage volume as measured from the current storage volume documented in the approved nutrient management plan.
(B) Adding treatment technology, such as solids separation, anaerobic digestion, and composting, and their associated facilities, on agricultural operations in existence as of February 27, 2009, provided that the treatment technology is designed, built and operated consistent with the Commission’s current ‘‘Odor Management Guidance.’’
Expand, expansion—Creation of additional space of an animal housing facility by increasing the size of an animal housing facility, or increasing the volume of a manure storage facility by increasing the size of the manure storage facility.
Facility—Refers to the animal housing facility and manure management facility, or portion of a facility, which are required to be, or are voluntarily subject to this subchapter.
Farming resources—The animals, facilities and lands used for the production or raising of crops, livestock or poultry. The lands are limited to those located at the animal facility which are owned by the operator of the facility, and other owned, rented or leased lands under the management control of the operator of the facility that are used for the application, treatment or storage of manure generated at the facility.
Fund—The Nutrient Management Fund established under section 512 of the act (relating to nutrient management fund).
Impacts—(i) Conflicts arising from the offsite migration of the odors from agricultural facilities.
(ii) The term does not include mental or physical health affects, or changes in property values.
Livestock—(i) Animals raised, stabled, fed or maintained on an agricultural operation with the purpose of generating income or providing work, recreation or transportation.
(ii) Examples include: dairy cows, beef cattle, goats, sheep, swine and horses.
(iii) The term does not include aquatic species.
Manure—(i) Animal excrement, including poultry litter, which is produced at an agricultural operation.
(ii) The term includes materials such as bedding, washwater and other materials which are commingled with that excrement.
Manure management facility—(i) A manure storage facility, including a permanent structure or facility, or a portion of a structure or facility, utilized for the primary purpose of containing manure.
(ii) The term includes liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a confinement building, permanent stacking and composting facilities and manure treatment facilities.
(iii) The term does not include the animal confinement areas of poultry houses, horse stalls, free stall barns or bedded pack animal housing systems.
OMP—Odor management plan—Plan—(i) A written site-specific plan identifying the Odor BMPs to be implemented to manage the impact of odors generated from animal housing and manure management facilities located or to be located on the site.
(ii) The term includes plans approved for VAOs and facilities not required to submit a plan under this subchapter.
(iii) The term includes plan amendments required under this subchapter, except when otherwise stated.
Odor BMP—Odor best management practice—A practice or combination of practices, technologies, standards and strategies to manage the potential for odor impacts from animal housing facilities and manure management facilities that are subject to this subchapter.
Odor management specialist—A person satisfying the certification requirements of the Department of Agriculture’s proposed Odor Management Certification Program in 7 Pa. Code Chapter 130f (relating to odor management certification).
Odor Site Index—The field evaluation methodology developed specifically for this Commonwealth and approved by the Commission, which applies site-specific factors such as proximity to adjoining landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds, to determine the potential for odor impacts.
Offsite migration—The airborne movement of odors past the property line of an agricultural operation.
Public use facility—Public schools, hospitals, public nursing homes/elder care facilities and apartment buildings with greater than four dwelling units.
VAO—Voluntary agricultural operation—(i) Any operation that voluntarily agrees to meet the requirements of this subchapter even though it is not otherwise required under the act or this chapter to submit an odor management plan.
(ii) The term includes agricultural operations applying for financial assistance under the act.
§ 83.702. Scope.
This subchapter specifies the criteria and requirements for:
(1) Odor management planning required under the act for certain facilities at CAOs and CAFOs.
(2) Voluntary OMPs developed for VAOs and facilities not required to submit a plan under this subchapter, that are submitted to the Commission or delegated conservation district for approval under the act.
(3) The construction, location and operation of animal housing facilities and animal manure management facilities, and the expansion of existing facilities, as part of a plan developed under the act.
(4) The awarding of financial assistance under the act for the development and implementation of OMPs for existing agricultural operations.
§ 83.703. Purpose.
The purposes of this subchapter are as follows:
(1) To provide for the management of odors generated only from animal housing facilities and manure management facilities on certain CAOs and CAFOs, considering the following:
(i) Site-specific factors.
(ii) Reasonably available technology, practices, standards and strategies.
(iii) The practical and economic feasibility of installation and operation of the technology, practices, standards and strategies.
(iv) The potential impacts from the facilities that may lead to conflicts between the agricultural operation and neighbors, arising from the offsite migration of the odors.
(2) To apply scientific information on odor management that is current at the time of plan approval, using the factors in paragraph (1), and recognizing the limitations of that scientific information and the subjective nature of identifying and managing odor impacts from agriculture.
(3) OMPs are intended to address the potential for odor impacts. The plans are not required to completely eliminate the potential for odor impacts.
(4) To encourage the management of odors generated from any VAOs and facilities, not required to submit a plan under this subchapter, consistent with paragraphs (1)—(3).
§ 83.704. Relation to Subchapter D (relating to nutrient management regulations).
This subchapter may not be construed as modifying, rescinding or superseding applicable manure management requirements for water quality protection contained in Subchapter D (relating to nutrient management).
§ 83.705. Preemption of local ordinances.
(a) The act and this subchapter are of Statewide concern and occupy the whole field of regulation regarding odor management to the exclusion of all local regulations.
(b) No ordinance or regulation of a political subdivision or home rule municipality may regulate the management of odors generated from animal housing or manure management facilities regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.
(c) Nothing in the act or this subchapter prevents a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of the act and this subchapter.
(d) A penalty may not be assessed under any valid local ordinance or regulation for any violation for which a penalty has been assessed under the act or this subchapter.
§ 83.706. Limitation of liability.
If an operator for an agricultural operation is fully and properly implementing and maintaining an OMP approved by the Commission or a delegated county conservation district under the act and this subchapter, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the odor impacts.
§ 83.707. Compliance assistance and enforcement.
(a) The Department of Agriculture will assist the Commission in developing programs to assist those engaged in production agriculture to comply with the act and this subchapter.
(b) The Department of Agriculture will act as an ombudsman to help resolve issues related to county conservation district implementation of the act and this subchapter for those conservation districts delegated odor management program responsibilities under § 83.731 (relating to delegation to conservation districts).
(c) The Commission will be responsible for taking enforcement actions under the act and this subchapter. In the exercise of its enforcement authority, the Commission will be assisted by the staff of the Departments of Agriculture and Environmental Protection.
FINANCIAL ASSISTANCE FOR PLAN
DEVELOPMENT§ 83.711. Applicant eligibility.
Agricultural operations existing as of February 27, 2009, which are subject to this subchapter under § 83.741(b) (relating to general) or § 83.741(g), are eligible to receive funding under this program.
FINANCIAL ASSISTANCE FOR PLAN
IMPLEMENTATION§ 83.721. Applicant eligibility.
An owner of an agricultural operation existing as of February 27, 2009, may apply for financial assistance for the implementation of OMPs developed under the act only when the Commission requires construction of a manure management facility as part of the nutrient management program requirements, as determined under Subchapter D (relating to nutrient management). The owner shall have legal and financial responsibility for the agricultural operation during the term of the financial assistance provided by the Commission.
DELEGATION TO CONSERVATION DISTRICTS
§ 83.731. Delegation to conservation districts.
(a) The Commission may by written agreement delegate to a conservation district one or more of its administrative or enforcement authorities under the act.
(b) The delegation of administrative or enforcement authority may be made to a conservation district when the district demonstrates it has or will have an adequate program and sufficient resources to accept and implement the delegation.
(c) To the extent delegated by the agreement, the delegations may include the authority to enforce the act and this subchapter and to exercise other powers and duties otherwise vested in the Commission to implement the act.
(d) A delegation agreement will:
(1) Specify the powers and duties to be performed by the delegated district.
(2) Provide for the commitment of sufficient trained staff and resources to perform the powers and duties to be delegated.
(3) Require the delegated conservation district to maintain records of activities performed under the delegation.
Cross References This section cited in 25 Pa. Code § 83.707 (relating to compliance assistance and enforcement); and 25 Pa. Code § 83.801 (relating to initial plan review and approval).
ODOR MANAGEMENT PLANS
§ 83.741. General.
(a) OMPs submitted under this subchapter must meet the requirements in this section and § § 83.751, 83.761, 83.762, 83.771 and 83.781—83.783.
(b) Applicability. Agricultural operations that meet the criteria of paragraphs (1) and (2) shall develop and implement an OMP:
(1) Types of operations. Operations that meet one of the following:
(i) CAOs and CAFOs existing as of February 27, 2009.
(ii) Agricultural operations existing on February 27, 2009, which, because of an increase, resulting from expansion in the number of animals maintained at the operation, will become regulated as either a CAO or CAFO.
(iii) Agricultural operations existing on February 27, 2009, which, because of a decrease in lands available for manure application, will become regulated as either a CAO or CAFO.
(iv) New agricultural operations after February 27, 2009, which will be regulated as either a CAO or CAFO.
(2) Types of activities. Operations that meet one of the following:
(i) Constructing a new animal housing facility or a new manure management facility after February 27, 2009.
(ii) Constructing an expansion of an animal housing facility or a manure management facility after February 27, 2009.
(c) Transition. Agricultural operations that initiate facility construction prior to February 27, 2009, are not required to develop and implement an OMP.
(d) Scope of plan.
(1) The OMP for activities under subsection (b)(2)(i) are only required to be developed and implemented with respect to the new facility.
(2) The OMP for activities under subsection (b)(2)(ii) are only required to be developed and implemented with respect to the newly constructed portion of the facility.
(e) Schedule to obtain plan approval. Operations required to have an OMP under this subchapter shall obtain approval of their OMP prior to the commencement of construction of new or expanded facilities.
(f) Implementation of plans.
(1) Operations required to have an OMP under this subchapter shall fully implement the approved plan prior to commencing use of the new or expanded animal housing facility and manure management facility.
(2) A plan is considered fully implemented when the Odor BMPs in the plan are being implemented in compliance with the schedule of Odor BMPs.
(g) Voluntary plans. An agricultural operation which is not required to comply with this subchapter may voluntarily submit a plan any time after February 27, 2009.
(h) Qualifications. Plans shall be developed by odor management specialists certified in accordance with the Department of Agriculture’s odor management certification requirements in 7 Pa. Code Chapter 130f (relating to odor management certification). The specialists shall certify that the plans are in accordance with the act and this subchapter.
(i) Signature requirements. Plans shall be signed by the operator of the agricultural operation indicating concurrence with the information in the plan and acceptance of responsibilities under the plan. The following signature requirements apply:
(i) For sole proprietorships, the proprietor.
(ii) For partnerships, a general partner.
(iii) For corporations, a vice president, president or authorized representative. The plan must contain an attachment executed by the secretary of the corporation which states that the person signing on behalf of the corporation is authorized to do so.
(j) Penalties. Operators and odor management specialists who sign plans may be subject to penalties for any false information contained in the plans.
Cross References This section cited in 25 Pa. Code § 83.711 (relating to applicant eligibility); 25 Pa. Code § 83.761 (relating to identification of agricultural operations and regulated facilities); and 25 Pa. Code § 83.812 (relating to plan transfers).
CONTENT REQUIREMENTS FOR ALL PLANS
§ 83.751. Content of plans.
(a) A plan must follow the standardized plan format provided by the Commission, unless otherwise approved by the Commission.
(b) The operator shall be involved in the development of the plan.
(c) The Odor BMPs listed in the plan must be consistent with the management practices listed in other relevant plans required by State regulations administered by the Commission or the Department, such as the nutrient management plan and Agriculture Erosion and Sedimentation Control plan developed for the operation, unless otherwise approved by the Commission or delegated conservation district.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general).
PLAN SUMMARY INFORMATION
§ 83.761. Identification of agricultural operations and regulated facilities.
(a) Agricultural operation identification sheet. The plan must include an agricultural operation identification sheet that contains the following information:
(1) The operator name, address and telephone number, and the address for the regulated facilities if that address is different from the operator’s address.
(2) A description of the operation for both the existing and proposed facilities, clearly indicating the regulated facilities or portions thereof, or both, identifying how the odor will be addressed through the plan, including the following:
(i) Animal types and numbers included on the agricultural operation.
(ii) Types of structures proposed.
(3) The signatures and documentation as required by § 83.741 (relating to general).
(4) The counties and municipalities where land included in the plan is located.
(5) The name, odor management certification program identification number and signature of the odor management specialist that prepared the plan and the date of plan preparation.
(b) Maps. The plan must include a topographic map drawn to scale identifying the lands where the facilities that are addressed in the plan are located. The map must clearly identify the following:
(1) The location and boundaries of the agricultural operation.
(2) The location of the neighboring homes, businesses, churches and public use facilities in the evaluation distances as determined by § 83.771(b)(1)(i) (relating to managing odors).
(3) Local topography.
(4) The location of proposed and existing animal housing and manure management facilities.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general).
§ 83.762. Operator commitment statement.
The plan must include a statement, signed by the operator, committing to the following:
(1) Implementation of the Odor BMPs.
(2) Maintaining the Odor BMPs consistent with the operation and maintenance criteria contained in the plan.
(3) Keeping documentation of plan implementation activities, as described in the plan, and to allow access by the Commission or delegated conservation district to the documentation needed to determine compliance status.
(4) Allowing access to the agricultural operation by the Commission or delegated conservation district needed for status reviews and inspections for complaints.
(5) Providing operator’s biosecurity protocols to the Commission or a delegated conservation district, if requested.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general).
MANAGING ODORS
§ 83.771. Managing odors.
(a) General. OMPs must address the offsite migration of odors generated from facilities, as described in subsections (b) and (c). OMPs are intended to address the potential for odor impacts. The plans are not required to completely eliminate the potential for odor impacts.
(b) Evaluation. The plans must include an evaluation of the potential impacts according to the following:
(1) The evaluation must address proximity to neighboring landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds, according to the following:
(i) To establish the extent of the surrounding area to be included in this evaluation, an evaluation distance from the proposed facility shall be established. The number of AEUs on the agricultural operation shall be used as the primary factor in determining this evaluation distance.
(ii) The types of neighboring land owners and land uses that shall be assessed in this evaluation include homes, businesses, churches and public use facilities existing at the time of the submission of the plan.
(iii) The geographic center of a facility may be used as the starting point for the evaluation distance and for determining proximity to neighboring homes, businesses, churches and public use facilities.
(iv) Prevailing winds are presumed to be coming from the West and Northwest.
(2) The criteria and procedures in the current ‘‘Odor Management Guidance’’ (Guidance) issued by the Commission, and in effect at the time of plan submission, may be used to comply with this paragraph, including the use of an Odor Site Index contained in the Guidance. If the criteria and procedures in the Guidance issued by the Commission are not followed, an alternative method must be approved by the Commission.
(c) Odor BMPs. Based on the evaluation in subsection (b), the plan must include Odor BMPs that are necessary, if any, to address the potential for offsite migration of odors to meet the purposes of this subchapter, and as described in § 83.781 (relating to identification of Odor BMPs).
(d) Time period to implement. If construction activities of the new or expanded facility do not commence within 3 years of the date of plan approval, a new plan shall be submitted and approved prior to construction of the facility subject to this subchapter. The Commission may allow for extensions of the 3-year time frame, not to exceed an additional 2 years, when the agricultural operation was not able to obtain the necessary permits and approvals in time to initiate construction activities within the 3-year time frame due to circumstances beyond the reasonable control of the operation.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general); 25 Pa. Code § 83.761 (relating to identification of agricultural operations and regulated facilities); 25 Pa. Code § 83.781 (relating to identification of odor BMPs); and 25 Pa. Code § 83.811 (relating to plan amendments).
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).
§ 83.782. Implementation schedule.
(a) OMPs must contain a schedule that identifies all Odor BMPs with the corresponding time frames that each Odor BMP will be implemented.
(b) Odor BMPs that involve planting of vegetation such as a shelterbelt are considered fully implemented if the planting satisfies the criteria in the OMP.
(c) Prior to utilizing a new or expanded facility that is required to implement an OMP under this subchapter, the operation must receive written approval from the Commission, or a delegated conservation district, confirming implementation of the plan.
(1) The operation shall provide the Commission, or a delegated conservation district, with written notification provided by certified mail, of the intent to utilize the facility.
(2) If the Commission, or a delegated conservation district, fails to act within 10 business days of the notification to utilize the facility, it will be deemed approved.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general).
§ 83.783. Operation and maintenance schedule.
OMPs must contain a schedule that identifies all operation and maintenance procedures, the time frames that the operation and maintenance procedures will be conducted and the lifespan for each Odor BMP listed in the plan.
Cross References This section cited in 25 Pa. Code § 83.741 (relating to general).
DOCUMENTATION REQUIREMENTS
§ 83.791. General documentation requirements.
Unless otherwise specified in the plan, documentation required under this subchapter is not required to be submitted to the Commission or delegated conservation district, but shall be retained by the agricultural operation for at least 3 years from the date they are prepared.
§ 83.792. Documentation relating to plan implementation.
Written documentation to demonstrate implementation of the OMP must be appropriate to the types of Odor BMPs required by the plan, including documentation of installation, operation and maintenance activities relating to the approved Odor BMPs consistent with the documentation requirements included in the approved plan, and shall be completed and maintained at the operation.
PLAN REVIEW AND IMPLEMENTATION
§ 83.801. Initial plan review and approval.
(a) Plans shall be submitted for initial review and approval to the Commission, or alternatively to delegated conservation districts, for agricultural operations located in counties delegated administrative authority under § 83.731 (relating to delegation to conservation districts). A person performing the plan review shall be certified in accordance with the Department of Agriculture’s odor management certification requirements in 7 Pa. Code Chapter 130f (relating to odor management certification).
(b) The Commission or a delegated conservation district will, within 10 days from the date of receipt of the plan, provide notice to the operator indicating whether all of the required plan elements have been received.
(c) The Commission or a delegated conservation district will approve or disapprove the plan or plan amendment within 90 days of receipt of a complete plan or plan amendment. The Commission or a delegated conservation district may confer with experts in odor management, such as those at Pennsylvania State University, Natural Resources Conservation Service, and with others having knowledge of the local community in which the agricultural operation is located.
(d) If the Commission or delegated conservation district does not act on the plan within the 90-day period, the agricultural operation that submitted the plan is authorized to implement the plan and the plan will be deemed approved.
(e) The notice of determination to disapprove a plan will be provided in writing to the operator submitting the plan, and include an explanation specifically stating the reasons for disapproval. If a plan is disapproved, the operator submitting the plan shall have 90 days after receipt of the notice of disapproval to resubmit a revised plan.
(f) Approvals will be granted only for those plans that satisfy the requirements of this subchapter.
§ 83.802. Plan implementation.
(a) The plan shall be fully implemented in accordance with the implementation schedule included as part of the approved plan.
(b) Periodic inspections and review of the agricultural operation, the plan and the plan implementation documentation will be conducted by the Commission or a delegated conservation district at least annually to determine the status of the operation’s compliance and whether a plan amendment is required.
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).
§ 83.812. Plan transfers.
(a) An approved OMP may be transferred to a subsequent owner or operator of an agricultural operation by notification of the transfer to the Commission or a delegated conservation district, unless the transfer results in operational changes requiring a plan amendment under § 83.811 (relating to plan amendments). However, any new signatures required under § 83.741(i) (relating to general) must be obtained before a plan is transferred to any new operator.
(b) If the transfer of the approved plan results in operational changes requiring a plan amendment under § 83.811, the plan amendment shall be submitted for approval of the Commission or a delegated conservation district along with, or before, the notification required under subsection (a).
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