Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › PLAN AMENDMENTS AND TRANSFERS › Section 83.371 - Plan amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan
						  amendment is required if the operator expects to make significant changes in
						  the management of nutrients from those contained in the approved plan, prior to
						  those changes being implemented. Those significant changes in the management of
						  nutrients which would require a plan amendment are any one of the following:
(1) A net increase of greater than 10% occurs
						  in AEUs per acre.
(2) A change in
						  crop management that results in a reduction of greater than 20% in nitrogen
						  necessary for realistic expected crop yields or the amount the crops will
						  utilize for an individual crop year.
(3) A change in excess manure utilization
						  arrangements as described in the approved plan.
(i) No amendment is required to address the
						  loss of an importer if the loss does not impair the operator's ability to
						  properly manage the manure generated on the operation.
(ii) No amendment is required to address the
						  addition of a new importer if the operator submits the nutrient balance sheet
						  and signed agreement required by this subchapter to the delegated conservation
						  district overseeing the exporting farm, prior to transport. The district shall
						  verify the adequacy of the documentation update the plan file with the new
						  documentation and require formal approval of the new importer through a plan
						  amendment when the plan is subject to the triennial review under §
															83.362(c)
						  (relating to plan implementation).
(4) If calculations in the plan as originally
						  submitted are in error, or if figures used in the plan are inconsistent with
						  the requirements of this subchapter, and adequate justification has not been
						  given in writing for the inconsistency.
(5) If a BMP different than that called for
						  in the approved plan, is proposed to address a manure management or stormwater
						  management concern.
(6) If, after
						  the first 3 years of implementing the plan, actual yields are less than 80% of
						  the expected crop yields used in the development of the plan.
(7) If alternative organic nutrient sources
						  will replace or augment nutrient sources described in the plan.
(8) If additional lands are brought into the
						  operation through purchase, lease or renting.
(9) If there is a change in the manure
						  management system that is expected to result in a different nutrient content
						  that requires a change in manure application rates under §
														83.293 (relating to determination
						  of nutrient application rates).
(10) If a change in manure application is
						  necessary based on the reevaluation of potential phosphorus loss as part of the
						  triennial review under §
														83.362(c)
						  (relating to plan implementation), or a change in manure application is
						  necessary due to the end of the phase-in period under §
						  83.293(c)(3).