25 Pa. Code § 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.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.