Act 38,§5, Nutrient & Odor Management Programs

1. Act 38,§5, Nutrient & Odor Management Programs • Subchapter G.  • Facility Odor Management Regulations Discussion

2. Facility Odor ManagementRegulation Development Process • Internal & External Reviews • SCC; Interagency Workgroup; PSU Technical Advisory Workgroup; NMAB & Committees; AAQTF; various presentations, Publish in PA Bulletin for public comment • Various Approvals • SCC • Governor’s Office – Budget, Policy, & General Counsel • Attorney General • Legislative Reference Bureau --> PA Bulletin • NMAB • IRRC • House and Senate Committees

3. Act 38,§504(1.1).Effective Date • Projecting September 2007 for publishing the proposed regulations in the PA Bulletin • Date for publishing final ?? • Regs become effective 90 days after the final regs published

4. 83.703.  Purpose Odor Management Plans manage potential offsite odor impacts • Not required to completely eliminate the offsite odors • Not air emissions based regulation

5. Preemption of Local Ordinances • Preempts local ordinances regulating themgmt ofodors generated from animal housing or manure managementfacilities: • If in conflict with, or • If more stringent than the Act and its regulations.

6. Financial Assistance Financial asst. for Existing Ag Operations • Plan Development cost sharing • Plan Implementation funding • Odor BMPs for manure storage facilities • Only if SCC required for the NMP

7. OMP Applicability • 2 Basic Requirements: 1. NeworExisting CAO or CAFO, AND 2. NewConstructionorExpansionof: • Animal Housing Facility • Manure Storage Facility • OMP Only addresses the new facility or the newly constructed portion of the facility.

8. OMP Exemption Criteria Animal Housing Facilities • Replacement of existing equipment • Replacement of an existing facility that has been destroyed under circumstances beyond the operator’s control

9. OMP Exemption Criteria Manure Storage Facilities • Improving Storage Integrity • When < 15% INCREASE in storage volume • Adding Treatment Technology • Existing operations when designed, constructed and operated consistent with the Odor Management Guidance.

10. Plan Will Include: • (a)Farm Identification Section– Describe existing & proposed facilities • (b) Map Section- Topographic map • (c) Operator Commitment Section- • Inspection & documentation review • Follow the Ag Operator’s bio-security protocols

11. Plan Will Include: Evaluation • Odor Site Index (OSI) • On-site evaluation methodology that determines the potential for impacts from offsite migration of odors using Act site specific factors. • If the OSI is not followed, an alternative method must be approved by the Commission.

12. OSI Scoring Thresholds • Based on the Odor Site Index score. • 3 categories: • No Odor BMPs • Level 1 (Basic) Odor BMPs (all applicable) • Level 1 plus Level 2 (Specialized) Odor BMPs.

13. Addressing Odor BMPs in the Plan • Existing and planned Odor BMPs • Ag Operation & planner choose from a list of approved Odor BMPs which they believe to be practical and economically feasible for that Ag Operation.

14. Supplemental Odor BMPs • Ability to implement Supplemental Odor BMPs for the purpose of investigating new practices and technologies, without Commission approval, but provide a notice of update.

15. Implementation & Schedules • Plan approval prior to construction • Odor BMPs fully implemented prior to commencing use of facilities • Considered fully implemented when following approved schedules: • Odor BMP Implementation • Operation & Maintenance

16. Recordkeeping • General records maintained at Ag operation for at least 3 years. • Maintain accurate Odor BMP records consistent with the Implementation and the Operation & Maintenance schedules. 

17. Plan Review & Approval • Same timeframes as NMP: 10 + 90 • Ability to confer with experts in odor management, i.e. PSU, NRCS, and with others having knowledge of the local community. • The Commission or the Ag operation may request input on the plan from a technical committee appointed by the Nutrient Management Advisory Board. 

18. Time Period to Implement • If use of the new or expanded facility does not commence with-in three years of the date of plan approval, a new plan must be submitted.

19. Plan Amendments • Amendment required if significant change (No periodic renewals unless operational changes) • Increase of > 25% in AEUs • If can demonstrate that no increase in the potential for off-site migration of odors, no amendment required.

20. Act 38,§5, Nutrient & Odor Management Programs Contact information: Karl Dymond, OM Program Coordinator State Conservation Commission PDA Region 3 Office PO Box C, Route 92 S Tunkhannock, PA 18657-0318 (570) 836-2181 ext 3030 kdymond@state.pa.us