Current through Register Vol. 54, No. 44, November 2, 2024
Section 83.771 - Managing odors(a)General. OMPs must address the offsite migration of odors generated from facilities, as described in subsections (b) and (c). OMPs are intended to address the potential for odor impacts. The plans are not required to completely eliminate the potential for odor impacts.(b)Evaluation. The plans must include an evaluation of the potential impacts according to the following: (1) The evaluation must address proximity to neighboring landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds, according to the following:(i) To establish the extent of the surrounding area to be included in this evaluation, an evaluation distance from the proposed facility shall be established. The number of AEUs on the agricultural operation shall be used as the primary factor in determining this evaluation distance.(ii) The types of neighboring land owners and land uses that shall be assessed in this evaluation include homes, businesses, churches and public use facilities existing at the time of the submission of the plan.(iii) The geographic center of a facility may be used as the starting point for the evaluation distance and for determining proximity to neighboring homes, businesses, churches and public use facilities.(iv) Prevailing winds are presumed to be coming from the West and Northwest.(2) The criteria and procedures in the current "Odor Management Guidance" (Guidance) issued by the Commission, and in effect at the time of plan submission, may be used to comply with this paragraph, including the use of an Odor Site Index contained in the Guidance. If the criteria and procedures in the Guidance issued by the Commission are not followed, an alternative method must be approved by the Commission.(c)Odor BMPs. Based on the evaluation in subsection (b), the plan must include Odor BMPs that are necessary, if any, to address the potential for offsite migration of odors to meet the purposes of this subchapter, and as described in § 83.781 (relating to identification of Odor BMPs).(d)Time period to implement . If construction activities of the new or expanded facility do not commence within 3 years of the date of plan approval, a new plan shall be submitted and approved prior to construction of the facility subject to this subchapter. The Commission may allow for extensions of the 3-year time frame, not to exceed an additional 2 years, when the agricultural operation was not able to obtain the necessary permits and approvals in time to initiate construction activities within the 3-year time frame due to circumstances beyond the reasonable control of the operation. This section cited in 25 Pa. Code § 83.741 (relating to general); 25 Pa. Code § 83.761 (relating to identification of agricultural operations and regulated facilities); 25 Pa. Code § 83.781 (relating to identification of odor BMPs); and 25 Pa. Code § 83.811 (relating to plan amendments).