25 Pa. Code § 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.
Notes
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