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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


130f.1.    Scope.
130f.2.    Definitions.
130f.3.    Fees.
130f.4.    Certification authority.

Source

   The provisions of this Chapter 130f adopted October 24, 2008, effective October 25, 2008, 38 Pa.B. 5849, unless otherwise noted. A corrective amendment was made to Chapter 130f and §  130f.21(c)(1). This chapter was inadvertently omitted from the Pennsylvania Code Reporter (Master Transmittal Sheet No. 410, January 2009).

Cross References

   This section cited in 25 Pa. Code §  83.701 (relating to definitions); and 25 Pa. Code §  83.801 (relating to initial plan review and approval).

§ 130f.1. Scope.

 This chapter prescribes the procedures and qualifications related to certification of odor management specialists. This chapter includes the establishment of fees, delineates the requirements for certification of odor management specialists, including recertification criteria and sets forth the conditions of denial, suspension and revocation of odor management certification.

§ 130f.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—Act 38 of 2005 (3 Pa.C.S. Chapters 3 and 5 (relating to local regulation; and nutrient management and odor management)).

   Certificate year—The period from January 1 to December 31.

   Certification—The completion of the requirements of an odor management specialist contained in this chapter.

   Commercial odor management specialist—A private sector person certified under this chapter to develop OMPs for another person’s agricultural operation.

   Commission—The State Conservation Commission established by the Conservation District Law (3 P. S. § §  849—864).

   Competency—Demonstrating a high level of technical or scientific knowledge as evidenced by successfully meeting the requirements of §  130f.11 (relating to determination of competence) for commercial and public odor management specialists, or meeting the requirements of §  130f.21 (relating to determination of competence) for individual odor management specialists.

   Conservation district—A county conservation district established under the Conservation District Law.

   Department—The Department of Agriculture of the Commonwealth.

   Designee—A person chosen or appointed by the Secretary of the Department to carry out the Secretary’s duties under this chapter.

   Impacts

     (i)   Conflicts arising from the offsite migration of odors from agricultural facilities.

     (ii)   The term does not include mental or physical health affects, or changes in property value.

   Individual odor management specialist—A person certified under this chapter to develop OMPs for his agricultural operation.

   Nutrient management specialist—A person satisfying the certification requirements of section 508 of the act (relating to nutrient management certification program and odor management certification program).

   OMP—Odor management plan—A written site-specific plan identifying the practices, technologies, standards and strategies to be implemented to manage the impact of odors generated from animal housing or manure management facilities located or to be located on the site.

   Odor BMP—Odor best management practice—A practice or combination of practices, technologies, standards and strategies to manage the potential for impacts from offsite migration of odors generated from animal housing facilities and manure management facilities that are subject to regulation under the act.

   Odor management regulations—The regulations codified in 25 Pa. Code Chapter 83, Subchapter G (relating to facility odor management).

   Odor management specialist—A person satisfying the certification requirements of this chapter.

   Public odor management specialist—A State, Federal or other public employee certified under this chapter to review OMPs and make recommendations for approval or denial of OMPs to a conservation district or the Commission, or both.

   Odor Site Index—The field evaluation methodology developed specifically for this Commonwealth and approved by the Commission, which applies site-specific factors such as proximity to adjoining landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds, to determine the potential for impacts from the offsite migration of odors from agricultural operations.

   Provisional certification—The level of certification obtained by an odor management specialist applicant who has successfully completed the required training and passed the written examination, but has not yet developed or reviewed the required number of odor management plans.

   Recertification training—The completion of continuing education and training requirements in §  130f.31 (relating to recertification).

§ 130f.3. Fees.

 (a)  Certification fees. Certification fees are nonrefundable. The Department has established the following certification fees for each level of odor management specialist:

   (1)  Individual odor management specialist—A triennial fee of $15.

   (2)  Commercial odor management specialist—A triennial fee of $200.

   (3)  Public odor management specialist—A triennial fee of $25.

 (b)  Examination fees. Examination fees are nonrefundable. The Department has established the following examination fees for each level of odor management specialist:

   (1)  Individual odor management specialist—No charge.

   (2)  Commercial odor management specialist—$30.

   (3)  Public odor management specialist—$30.

Cross References

   This section cited in 7 Pa. Code §  130f.12 (relating to final certification); and 7 Pa. Code §  130f.31 (relating to recertification).

§ 130f.4. Certification authority.

 (a)  Individual certification authority. A person certified under this chapter as an individual odor management specialist is authorized to develop OMPs for his own agricultural operation. An individual odor management specialist has no authority to develop an OMP plan for another person or review and recommend action on an OMP.

 (b)  Commercial certification authority. A person certified under this chapter as a commercial odor management specialist is authorized to develop OMPs for another person’s agricultural operation. A commercial odor management specialist has no authority to review or recommend action on an OMP.

 (c)  Public certification authority. A person certified under this chapter as a public odor management specialist is authorized to review OMPs and make recommendations for approval or denial of OMPs.



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