Posted: March 24, 2022
There is a process to follow to withdrawal Nutrient Management Plans (NMP) and Odor Management Plans (OMP) and to rescind OMP approvals.
The purpose of this article is to review with plan writers and plan reviewers the process in which Nutrient Management Plans (NMP) are to be withdrawn from the Act 38 Nutrient Management Program under one of two scenarios: (1) withdrawal from review, or (2) withdrawal from the program due to no longer being a CAO and/or CAFO. Additionally, the process to withdraw an Odor Management Plan (OMP) from review or how to rescind the OMP approval will be discussed.
Withdrawal from Review (NMP and OMP)
For an NMP to be withdrawn from review, the plan writer or operator must make a written request, via letter or e-mail, to the Conservation District (CD), requesting that the NMP be withdrawn from the review process. The delegated CD will then send a letter to the planner and operator acknowledging the withdrawal request (NM Administrative Manual, Chapter 6, Supplement 6). This letter also mandates that Act 38 participating farms must resubmit the NMP within 30 days. If the operation is considered a Volunteer Animal Operation (VAO) then there is no deadline for the plan to be resubmitted.
The process for withdrawing an OMP from review is similar to that of the NMP. Prior to State Conservation Commission (Commission) action of an OMP the operator or plan writer, in writing, can withdraw the OMP submission from review. However, if the operation has already started constructing the facility prior to Commission approval of an OMP, the operator or the plan writer cannot withdraw the OMP from review and the plan must be acted upon. This is due to the operator already being in violation of not having an approved OMP prior to construction activities occurring.
Withdrawal from the Nutrient Management Program
Only VAO operations can withdraw from the Act 38 program at any time. Concentrated Animal Operations (CAO) and Concentrated Animal Feeding Operations (CAFO) cannot withdraw from the program as they are required by law to maintain an NMP at all times. In order for a CAO or CAFO to be eligible to withdraw from the program, the operation must first be identified as a VAO. This could include reducing animal numbers or increasing acreage available for manure application on the operation through owned or rented means.
CAO and CAFO operations must have a certified commercial Nutrient Management Specialist (NMS) prepare a new CAO calculation that shows they are no longer a CAO or CAFO. This new calculation is to be sent to the CD where it will be reviewed, verified, acknowledged by the delegated CD, and kept on file. Verification can include, but is not limited to, confirmation of animal numbers, review of lease agreements, or written verification of "handshake" agreement from operator. The delegated CD or Commission is to acknowledge, in writing, that the operation is now considered a VAO based on the newly provided CAO calculation.
Once recognized as a VAO, the operation is now eligible to withdraw from the Act 38 program. The operator should send the appropriate withdrawal request letter to the delegated CD. It is often the case that the new CAO calculation and the withdrawal request letter from the operator are submitted at the same time by the NMS. All sample letters for this process can be found in the NM Administrative Manual, Chapter 6, Supplement 6.
Rescinding Odor Management Plan Approval
When an operation is no longer considered a CAO or CAFO, and has withdrawn their NMP from the Act 38 program, the need for an OMP is no longer required. In order for an operation to rescind their OMP approval, a written request from the operator, or a certified plan writer on behalf of the operator, must be submitted to the Commission. This written request must include that the operation wishes the Commission to rescind the plan approval due to no longer being a CAO and/or CAFO and the reason why the operations is no longer defined as a CAO and/or CAFO.
In addition to this written request, the operator or plan writer must submit the CAO Withdraw Acknowledgement Letter issued by the delegated CD or Commission. Using the OM Program email account at RA-AGAG_EX_OMPRGRAM@pa.gov will facilitate this process. More information about this process can be found in the OM Program Guidance and Technical Manual, Chapter 9-4.
The Commission also requests that when a delegated CD acknowledges an operation's withdrawal from the Act 38 program that they are to inform their Commission Regional Coordinator and provide a copy of the CAO Withdraw Acknowledgement Letter that was mailed to the operator. This will allow the Commission to follow up with the operator if there has not been a request from the operator or plan writer to rescind the OMP approval.
If you should have any questions, please reach out to your Commission Regional Coordinator.
