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

Facility Odor Management Regulation 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

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

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

Preemption of Local Ordinances Preempts local ordinances regulating the mgmt of odors generated from animal housing or manure management facilities : If in conflict with, or If more stringent than the Act and its regulations.

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

OMP Applicability 2 Basic Requirements: 1. New or Existing CAO or CAFO, AND 2. New Construction or Expansion of : Animal Housing Facility Manure Storage Facility OMP Only addresses the new facility or the newly constructed portion of the facility.

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

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.

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

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.

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.

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.

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.

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

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.

Plan Review & Approval Same timeframes as NMP: 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.

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.

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.

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 (570) ext 3030