Posted: December 19, 2022
In October 2021, Version 12 of The Pennsylvania Act 38 Nutrient Management Program Technical Manual was released. This version of the manual was updated to include new guidance regarding Act 38 NMP technical reviews and electronic submissions.
The added language for plan reviews and electronic NMP submissions reads:
Section V: Plan Review and Implementation
Electronic NMP submission is an available option. When a NMP is submitted electronically the Excel and Word Portions (all sections of the NMP) shall be combined and made into one complete PDF file that is sent electronically for review. The plan must be put together in an orderly fashion just as one would do when submitting a hardcopy plan and signatures are required (i.e. following the table of contents). Please note that the PDF file shall be in color, so items such as maps can be reviewed accurately.
Please note that Adobe Acrobat Pro or some other software will be needed to merge PDFs into a single file. Another option would be to scan the entire completed NMP to a PDF. Additionally, the file size may exceed email system limits especially for a 3-year plan, so you may need to work with the plan reviewer on a file shared site.
This electronic submission process is for the initial NMP submission and for changes needed during the technical review process. The nutrient management planner is still responsible to submit a paper copy of the complete and final NMP for board action, at least 7 days prior to the CD board of directors meeting; after all technical review comments have been addressed.
As electronic file submission is becoming more widely used, it has been brought to the attention of the Commission that there have been a lot of issues with file size limitations of email systems. Many of these issues are due to large PDF files that may be restricted on either the sending or receiving party’s end, but the sender generally receives an error or “bounce back” email and knows the plan did not go through. However, a few incidents have occurred where plan writers have submitted NMPs electronically for review which were never received by the reviewing agency due to file size limitations of email systems and the sending party was not aware that the email with the file attachment was not received by the reviewer, and in these cases, the reviewer did not realize a plan had been sent to them. In these specific cases, the planner thought the plan they had submitted was under technical review, but since the reviewing agency had not received the email with the plan submission, the review process and timeframe had never begun. Most of these incidents were discovered when the plan writer was inquiring later about not having received an administrative completeness letter.
It is the official position of the Commission that when a plan writer submits a NMP for review electronically, we advise that in addition to the email with the plan attachment, that the plan writer also send a separate email to the reviewer without any attachments or reach out by phone notifying them that an email with a plan attachment has been sent. Hopefully, this will allow all parties to work together and prevent the assumption that a plan was received and under administrative and/or technical review when it was never received by the reviewer.
Additionally, plan writers and reviewing agencies may want to consider the use of file sharing sites vs. submitting plans via emails. This sometimes still leads to inaccessibility by the receiving party due to security restrictions on their system (speaking from personal experience). The Commission does have the ability to share a folder on our system for anyone needing to submit large plan files to the Commission for operators located in non-delegated counties which we would be reviewing.
If you are a plan writer having continued issues with electronic file submission, please note that electronic plan submission is an option and is not required. You may still submit hard copy plans for initial plan submissions if that is easier for you.
If you are continuing to have issues with electronic submissions, please reach out to Frank Schneider, Director of Nutrient Management and Odor Management Programs, at 717-705-3895.
Amy Zerbe
Nutrient Management Program Regional Coordinator (Northeast PA)
Phone: 215-287-9704
Email: amzerbe@pa.gov
