Current through Register Vol. 54, No. 49, December 7, 2024
(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. 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).