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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5070 (August 3, 2024).

7 Pa. Code § 130b.11. Determination of competence.

COMMERCIAL AND PUBLIC NUTRIENT MANAGEMENT SPECIALISTS


§ 130b.11. Determination of competence.

 (a)  Commercial nutrient management specialist. Determination of competence for a commercial nutrient management specialist shall be based on the successful completion of precertification training and examinations as set forth in this section. Precertification requirements for a commercial nutrient management specialist include an orientation training course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements set forth in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the final certification requirements until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plans developed under this subsection shall be determined to be adequate by the Department or its designee.

 (b)  Public nutrient management specialist. Determination of competence for a public nutrient management specialist shall be based on the level of certification sought to be attained.

   (1)  Public nutrient management review specialist. To be certified as a public nutrient management review specialist the applicant shall successfully complete precertification training and examinations as set forth in this section. The precertification requirements for a public nutrient management review specialist include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements set forth in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the examination until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.

   (2)  Public nutrient management dual specialist. To be certified as a public nutrient management dual specialist, the applicant shall successfully complete precertification training and examinations set forth in this section. The precertification requirements for a public nutrient management dual specialist include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the final certification requirements until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.

 (c)  Precertification. The precertification training courses must, at a minimum, consist of the following areas of nutrient management planning:

   (1)  Nutrient application including:

     (i)   Determination of the cropping system and crop nutrient requirements.

     (ii)   Determination of sources of nutrients available for application on the farm.

     (iii)   Determination of additional nutrients required to obtain realistic expected crop yields.

     (iv)   Application records.

   (2)  Manure management.

   (3)  Excess manure alternatives.

   (4)  Stormwater runoff control.

   (5)  Applicable laws and regulations.

   (6)  Proper nutrient management plan review procedures (public nutrient management specialists only).

   (7)  Proper nutrient management plan writing procedures (commercial, public nutrient management specialists only).

   (8)  Other areas and course work related to requirements set forth in the nutrient management regulations, as determined appropriate by the Department.

 (d)  Examination. The written examination will be proctored by the Department or its designee. The Department will administer the examination at least twice per year, or more often as deemed necessary by the Department. At a minimum, the successful completion of the examination will demonstrate an examinee’s technical knowledge relating to nutrient management planning and nutrient management plan development in the following areas:

   (1)  Competency in soil science and soil fertility.

   (2)  Competency in nutrient application and management.

   (3)  Competency in crop production.

   (4)  Competency in soil and manure testing and interpretation.

   (5)  Understanding in determining needed BMPs related to proper utilization of nutrients and stormwater management.

   (6)  Competency in fertilizer materials and their characteristics.

   (7)  Understanding of environmental and economic impacts associated with nutrient management.

   (8)  Understanding of the act and other applicable laws and regulations.

   (9)  Other areas related to new technology and BMPs that become available and are approved by the State Conservation Commission, as well as, new requirements set forth in the nutrient management regulations. These other areas will not become part of the final certification requirements until training manuals and course work have been modified to include information necessary to impart knowledge of these new techniques and BMPs.

 (e)  Other examinations. The Department may approve the use of written examinations other than the Pennsylvania nutrient management examination, if the written examinations meet the requirements in subsection (d).

 (f)  Provisional certification. Upon the successful completion of the requirements in subsections (c) and (d), the applicant for certification as a commercial or public nutrient management specialist will be issued the appropriate provisional certification. The holder of a provisional certification is qualified, dependant on the type of provisional certification attained, to develop or review, or both, nutrient management plans for the purpose of satisfying the requirements of this section regarding final certification. Provisional certification is valid for 3 years ending on the last day of the month from the date of issuance.

 (g)  Final certification requirements. Once provisional certification has been granted the provisionally certified specialist shall complete one of the following dependant on the type of provisional certification granted and final certification sought.

   (1)  Commercial nutrient management specialist. To attain final certification, a provisionally certified commercial nutrient management specialist shall develop three approved nutrient management plans which meet the requirements of section 6(e) of the act (relating to nutrient management plans). Nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.

   (2)  Public nutrient management specialist. To attain final certification, a provisionally certified public nutrient management specialist shall do one of the following dependant upon the level of provisional certification attained and the level of final certification sought.

     (i)   Public nutrient management review specialist. To attain final certification, a provisionally certified public nutrient management review specialist shall successfully review two nutrient management plans and develop one approved nutrient management plan which meets the requirements of section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.

     (ii)   Public nutrient management dual specialist. To attain final certification, a provisionally certified public nutrient management dual specialist shall successfully review two nutrient management plans and develop two approved nutrient management plans in accordance with section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.

 (h)  Public nutrient management specialist to commercial nutrient management specialist. A certified public nutrient management specialist may obtain certification as a commercial nutrient management specialist. To attain this certification, a certified public nutrient management review specialist shall develop two approved nutrient management plans or a certified public nutrient management dual specialist shall develop one approved nutrient management plan in accordance with section 6(e) of the act. The certified public nutrient management specialist seeking this certification shall submit the nutrient management plans or plan to the Department or its designee for review and approval.

 (i)  Public nutrient management review specialist to public nutrient management dual specialist. A certified public nutrient management review specialist may obtain certification as a public nutrient management dual specialist. To attain this certification, the certified public nutrient management review specialist shall develop one approved nutrient management plan in accordance with section 6(e) of the act. The applicant seeking to attain this certification shall submit the nutrient management plan to the Department or its designee for review and approval.

 (j)  Commercial nutrient management specialist to public nutrient management specialist. A certified commercial nutrient management specialist who wishes to obtain certification as a public nutrient management specialist shall complete a nutrient management plan review course covering proper nutrient management plan review procedures and shall successfully review two nutrient management plans in accordance with section 6(e) of the act. The applicant seeking to attain this certification shall submit the nutrient management plan reviews to the Department or its designee for review and approval.

Authority

   The provisions of this §  130b.11 amended under 3 Pa.C.S. §  508(a).

Source

   The provisions of this §  130b.11 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (220710) to (220712).

Cross References

   This section cited in 7 Pa. Code §  130b.2 (relating to definitions); 7 Pa. Code §  130b.12 (relating to final certification); 7 Pa. Code §  130b.21 (relating to determination of competence); 7 Pa. Code §  130b.31 (relating to recertification); and 7 Pa. Code §  130b.41 (relating to general).



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