Current through Register Vol. 39, No. 6, September 16, 2024
(a) Purpose. The purpose of this Rule is to
control objectionable odors from animal operations beyond the boundaries of
animal operations.
(b)
Applicability. This Rule shall apply to all animal operations using liquid
animal waste management systems.
(c) Required management practices. All animal
operations shall be required to implement applicable management practices for
the control of odors as follows:
(1) the
carcasses of dead animals shall be disposed in accordance with
G.S.
106-403 and
02 NCAC
52C .0102. The Rule
02 NCAC
52C .0102 is hereby incorporated by reference
and includes subsequent amendments or editions;
(2) waste from animal wastewater application
spray systems shall be applied in such a manner and pursuant to such conditions
to prevent drift from the irrigation field of the wastewater spray beyond the
boundary of the animal operation, except waste from application spray systems
may be applied in an emergency to maintain safe lagoon freeboard if the owner
or operator notifies the Department and resolves the emergency with the
Department as written in the Swine Waste Operation General Permit;
(3) animal wastewater application spray
system intakes shall be located near the liquid surface of the animal
wastewater lagoon;
(4) ventilation
fans shall be maintained according to the manufacturer's specifications;
and
(5) animal feed storage
containers located outside of animal containment buildings shall be
coveredexcept when removing or adding feed. This Subparagraph shall not apply
to the storage of silage or hay or to commodity boxes with roofs.
(d) Odor management plan (OMP) for
existing animal operations for swine. Animal operations for swine that meet the
criteria in the table in this Paragraph shall submit an odor management plan to
the Director. The animal operation shall be required to submit its odor
management plan only once. The odor management plan shall:
(1) identify the name, location, and owner of
the animal operation;
(2) identify
the name, title, address, and telephone number of the owner or operator filing
the plan;
(3) identify the sources
of odor within the animal operation;
(4) describe how odor will be controlled
from:
(A) the animal houses;
(B) the animal wastewater lagoon, if
used;
(C) the animal wastewater
application lands, if used;
(D)
waste conveyances and temporary accumulation points; and
(E) other possible sources of odor within the
animal operation;
(5)
contain a diagram showing all structures and lagoons at the animal operation,
forced air directions, and approximate distances to structures or groups of
structures within 3,000 feet of the property line of the animal operation; an
aerial photograph may be provided instead of a diagram provided the items
required by this Subparagraph are shown;
(6) for existing animal operations, contain a
schedule not to exceed six months by which the plan will be
implemented;
(7) describe how the
plan will be implemented, including training of personnel;
(8) describe inspection and maintenance
procedures;
(9) describe methods of
monitoring and recordkeeping to verify compliance with the plan; and
(10) describe how odors are currently being
controlled and how these odors will be controlled in the future.
|
100 pounds steady state live weight of swine
|
Distance in feet to the boundary of the nearest
neighboring occupied property with an inhabitable structure, business, school,
hospital, church, outdoor recreational facility, national park, State Park,
historic property, or child care center
|
|
at least
|
but less than
|
|
10,000
|
20,000
|
less than or equal to 3,000
|
|
20,000
|
40,000
|
less than or equal to 4,000
|
|
40,000
|
less than or equal to 5,000
|
For the purposes of this Rule, the distance shall be
measured from the edge of the barn or lagoon, whichever is closer, to the
boundary of the neighboring occupied property with an inhabitable structure,
business, school, hospital, church, outdoor recreational facility, national
park, State Park, historic property, or child care center. All animal
operations for swine that are of the capacity in the table in this Paragraph
shall submit either an odor management plan or documentation that no
neighboring occupied property with an inhabitable structure, business, school,
hospital, church, outdoor recreational facility, national park, State Park,
historic property, or child care center is within the distances specified in
the table. The Director may require existing animal operations for swine with a
steady state live weight of swine between 100,000 to 1,000,000 pounds steady
state live weight to submit an odor management plan if the Director determines
pursuant to Paragraph (g) of this Rule that these animal operations cause or
contribute to an objectionable odor. The Director may require an existing
animal operation to submit a best management plan pursuant to
15A NCAC
02D .1803, then submit the best management
plan pursuant to Paragraph (h) of this Rule if the existing animal operation
fails to submit an odor management plan.
(e) Location of objectionable odor
determinations.
(1) For an existing animal
operation that does not meet the following siting requirements:
(A) at least 1,500 feet from any occupied
residence not owned by the owner of the animal operation;
(B) at least 2,500 feet from any school,
hospital, church, outdoor recreation Facility, national park, State Park,
historic property, or child care center; and
(C) at least 500 feet from any property
boundary;
objectionable odors shall be determined at neighboring
occupied property not owned by the owner of the animal operation, such as
businesses, schools, hospitals, churches, outdoor recreation facilities,
national parks, State Parks, historic properties, or child care centers that
are affected.
(2) For a new animal operation or existing
animal operation that meets the siting requirements in Subparagraph (1) of this
Paragraph, objectionable odors shall be determined beyond the boundary of the
animal operation.
(f)
Complaints. The Director shall respond to complaints about objectionable odors
from animal operations as follows:
(1)
Complaints shall be investigated;
(2) Complaints may be used to assist in
determination of a best management plan failure or a control technology
failure;
(3) The Director shall
respond to complaints within 30 days of receipt of the complaint;
(4) Complaint response shall include the
Director's evaluation of the complaint;
(5) The investigation of a complaint shall be
completed as expeditiously as possible considering the meteorology, activities
at the animal operation, and other conditions occurring at the time of the
complaint.
(g)
Determination of the existence of an objectionable odor. In determining if an
animal operation is causing or contributing to an objectionable odor, the
factors the Director may consider include:
(1)
the nature, intensity, frequency, pervasiveness, and duration of the odors from
the animal operation;
(2)
complaints received about objectionable odors from the animal
operation;
(3) emissions from the
animal operation of known odor causing compounds, such as ammonia, total
volatile organics, hydrogen sulfide, or other sulfur compounds at levels that
could cause or contribute to an objectionable odor;
(4) any epidemiological studies associating
health problems with odors from the animal operation or documented health
problems associated with odors from the animal operation provided by the State
Health Director; or
(5) any other
evidence, including records maintained by neighbors, that show that the animal
operation is causing or contributing to an objectionable odor.
(h) Requirements for a best
management plan for control of odors from existing animal operations. If the
Director determines that an existing animal operation is causing or
contributing to an objectionable odor, the owner or operator of the animal
operation shall:
(1) submit to the Director as
soon as practical, but not to exceed 90 days after receipt of written
notification from the Director that the animal operation is causing or
contributing to an objectionable odor, a best management plan for odor control
as described in
15A NCAC
02D .1803; and
(2) comply with the terms of the best
management plan within 30 days after the Director approves the best management
plan, or the Director may approve an alternate compliance schedule based upon
the complexity of the best management plan (approved compliance schedule is an
alternate schedule to 30 days).
(i) Requirement for amendment to the best
management plan. No later than 60 days from completion of a compliance schedule
in an approved best management plan or if the best management plan contains no
compliance schedule, no later than 60 days from the implementation date of the
best management plan, the Director shall determine whether the plan has been
implemented. If the Director determines at any time that a plan submitted
pursuant to Paragraph (h) of this Rule does not control objectionable odors
from the animal operation, the Director shall require the owner or operator of
the animal operation to amend the plan to incorporate additional or alternative
measures to control objectionable odors from the animal operation. The owner or
operator shall:
(1) submit a revised best
management plan to the Director as soon as practical but not later than 60 days
after receipt of written notification from the Director that the plan is
inadequate; and
(2) comply with the
revised best management plan within 30 days after the Director approves the
revisions to the best management plan (approved compliance schedule is an
alternate schedule to 30 days).
(j) Requirements for control technology.
After the best management plan has been implemented and revised no more than
one time excluding voluntary revisions and revisions made pursuant to
15A NCAC
02D .1803(c), a plan failure
shall constitute a finding by the Director, using the criteria pursuant to
Paragraph (g) of this Rule. If a plan failure occurs, the Director shall
require the owner or operator of the animal operation to install control
technology to control odor from the animal operation. Within 90 days from
receipt of written notification from the Director of a plan failure, the owner
or operator shall submit a permit application for control technology and an
installation schedule. If the owner or operator demonstrates to the Director
that a permit application cannot be submitted within 90 days, the Director
shall extend the time for submittal up to an additional 90 days if the owner or
operator demonstrates the delay in submitting the application was beyond his or
her control. Control technology shall be determined according to Subparagraph
(1) of this Paragraph. The installation schedule shall contain the increments
of progress described in Subparagraph (2) of this Paragraph. The owner or
operator may at any time request adjustments in the installation schedule and
shall in his or her request explain why the schedule cannot be met. If the
Director finds the request to be accurate, the Director shall revise the
installation schedule as requested; however, the Director shall not extend the
final compliance date beyond 24 months from the date that the permit was first
issued for the control technology. The owner or operator shall certify to the
Director within five days after the deadline for each increment of progress
described in Subparagraph (2) of this Paragraph whether the required increment
of progress has been met.
(1) Control
technology. The owner or operator of an animal operation shall identify control
technologies that are technologically feasible for his or her animal operation
and shall select the control technology or control technologies that results in
the greatest reduction of odors considering human health, energy,
environmental, and economic impacts and other costs. The owner or operator
shall explain the reasons for selecting the control technology or control
technologies. If the Director finds that the selected control technology or
control technologies will control objectionable odors following the procedures
in 15A
NCAC 02Q .0300 or
02Q .0500, he or she shall
approve the installation of the control technology or control technologies for
this animal operation upon permit issuance. The owner or operator of the animal
operation shall comply with all terms and conditions in the permit.
(2) Installation schedule. The installation
schedule for control technology shall contain the following increments of
progress:
(A) a date by which contracts for
odor control technology shall be awarded or orders shall be issued for purchase
of component parts or materials;
(B) a date by which on-site construction or
installation of the odor control technology shall begin;
(C) a date by which on-site construction or
installation of the odor control technology shall be completed; and
(D) a date by which final compliance shall be
achieved.
Control technology shall be in place and operating as soon
as practical but not to exceed 12 months from the date that the permit is
issued for control technology.
(k) The following requirements shall apply to
new or modified animal operations:
(1) Before
beginning construction, the owner or operator of a new or modified animal
operation raising or producing swine shall submit and have an approved best
management plan and shall meet the following setbacks. A house or lagoon that
is a component of an animal operation shall be constructed:
(A) at least 1,500 feet from any occupied
residence not owned by the owner of the animal operation;
(B) at least 2,500 feet from any school,
hospital, church, outdoor recreation facility, national park, State Park,
historic property, or child care center; and
(C) at least 500 feet from any property
boundary;
(2) Before
beginning construction, the owner or operator of a new or modified animal
operation other than swine shall submit and have an approved best management
plan.
(3) For new or modified
animal operations raising or producing swine, the outer perimeter of the land
area onto which waste is applied that is a component of an animal operation
shall be:
(A) at least 75 feet from any
boundary of property on which an occupied residence not owned by the owner of
the animal operation is located; and
(B) at least 200 feet from any occupied
residence not owned by the owner of the animal operation.
(4) The Director shall either approve or
disapprove the best management plan submitted pursuant to this Paragraph within
90 days after receipt of the plan. If the Director disapproves the plan, he or
she shall identify the plan's deficiency.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(11);
143-215.108(a);
150B-21.6;
Temporary
Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1,
2000;
Readopted Eff. September 1,
2019.
