[27 Pa.B. 3161]
[Continued from previous Web Page]
MANURE MANAGEMENT FOR CAO PLANS § 83.311. Manure management.
(a) In the preparation of a plan, the nutrient management specialist, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel, shall conduct a review of the adequacy of existing manure management practices to prevent surface water or groundwater pollution under normal climatic conditions for the location. Practices to be evaluated in this review include manure handling, collection, barnyard runoff control, storage and spreading practices. Examples of inadequate manure management practices include the following:
(1) Manure, contaminated water or nutrients leaving manure storage or animal concentration areas and discharging into surface water or groundwater.
(2) The uncontrolled flow of stormwater into, or across, manure storage facilities, temporary manure stacking areas and animal concentration areas.
(3) Manure storage facilities overflowing or maintained at levels above design full levels.
(4) Manure storage facilities that are sized for less than the projected manure accumulation based on the expected application periods used in the plan.
(5) Leaking or unstable manure storage facilities.
(b) As part of a plan certification, the nutrient management specialist shall assure that the review required under subsection (a) was undertaken in the preparation of the plan. The plan will contain those BMPs that are necessary to correct identified water contamination sources and protect surface water and groundwater. During the implementation of the approved plan, the BMPs shall meet the specifications contained in the Pennsylvania Technical Guide. The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necesssary BMP designs to implement the BMPs listed in the approved plan. The BMP designs shall be kept on record by the operator as a supplement to the plan.
(c) The following BMPs may be used to protect water quality and to control water in farmstead, manure storage and animal concentration areas:
(1) Manure storage facilities including permanent manure stacking areas. The construction of manure storage facilities is not required unless necessary to protect surface water and groundwater as part of an integrated nutrient management system.
(2) Adequate collection of manure from animal concentration areas for utilization on cropland or for other acceptable uses.
(3) Diversion of contaminated runoff within animal concentration areas to a storage, lagoon, collection basin, vegetated filter area, or another suitable site or facility.
(4) Diversion or elimination of contaminated water sources unless required for proper operation of the manure management system.
(5) Temporary manure stacking areas if they are located outside concentrated water flow areas and areas where manure application is restricted or prohibited based on § 83.294(5) (relating to nutrient application procedures).
(6) Other appropriate BMPs acceptable to the Commission.
(d) When temporary manure stacking areas may be necessary for the implementation of the plan, the plan shall identify those areas available for the storage of manure due to unforeseen circumstances such as adverse weather conditions. Manure shall be removed from temporary stacking areas for utilization on cropland or other acceptable uses as soon as feasible.
(e) Information contained in other sections of the plan may be used by the specialist when addressing this section.
(f) The siting, design and installation of manure storage facilities shall meet the requirements in § 83.351 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities) and the Pennsylvania Technical Guide.
STORMWATER RUNOFF CONTROL FOR CAO PLANS § 83.321. Stormwater runoff control.
(a) Field runoff control.
(1) In the preparation of a plan, the nutrient management specialist, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel, shall conduct a review of the adequacy of existing runoff control practices on fields, croplands and pastures included in the plan. This review shall be included in the plan and shall identify those critical runoff problem areas where nutrients directly discharge into surface water or groundwater.
(2) The plan shall contain a list of specific runoff control BMPs to address those critical runoff problem areas identified in the review required under paragraph (1). This list of runoff control BMPs may not be in conflict with other relevant plans, such as a current conservation plan, developed for the operation, unless otherwise justified in writing by the planner to the Commission or delegated conservation district.
(3) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan, and these BMP designs shall be kept on record by the operator as a supplement to the plan.
(4) BMPs listed in the plan to address critical runoff problem areas shall be designed, installed, operated and maintained in accordance with the standards contained in the Pennsylvania Technical Guide.
(5) Although an erosion and sedimentation control plan, meeting the requirements of Chapter 102 (relating to erosion control), is not required as part of a plan under the act, meeting the requirements of this section will not eliminate the operator's responsibility to comply with Chapter 102 or other relevant State laws or regulations relating to the control of erosion and sedimentation from earth moving activities such as agricultural plowing and tilling.
(6) For areas on rented land that have been identified as critical runoff problem areas which will require the installation of BMPs requiring construction activities, the operator shall do one of the following:
(i) Implement the listed BMP.
(ii) Enter into an agreement with the landowner requiring the landowner to implement the BMP.
(b) Animal concentration areas.
(1) The plan shall address stormwater runoff controls in animal concentration areas in a manner that meets the provisions of § 83.311(a)--(c) (relating to manure management).
(2) Runoff controls in animal concentration areas shall be designed, installed, operated and maintained in accordance with the standards contained in the Pennsylvania Technical Guide.
(3) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan, and these BMP designs shall be kept on record by the operator as a supplement to the plan.
IMPLEMENATION SCHEDULES FOR CAO PLANS § 83.331. Implementation schedule.
A plan or plan amendment shall contain a schedule that identifies when the necessary capital improvements and management changes will be made, consistent with the time frames in § 83.362 (relating to plan implementation).
RECORDKEEPING AND INFORMATIONAL REQUIREMENTS FOR CAOS § 83.341. General recordkeeping requirements.
Unless otherwise specified, records required under this subchapter are not required to be submitted to the Commission or delegated conservation district, but shall be retained by the agricultural operation complying with the act, for at least 3 years.
§ 83.342. Recordkeeping relating to application of nutrients.
(a) Plans developed for CAOs shall, at a minimum, be supported by the information required in this section and §§ 83.343 and 83.344.
(b) The operator of a CAO shall keep the following accurate records of the land application of nutrients, crop yields and soil tests on the CAO.
(1) Records of soil testing results shall be maintained consistent with § 83.291(e) (relating to determination of available nutrients).
(2) Records of manure testing results and testing of other nutrient sources shall be maintained consistent with §§ 83.291(b)(3) and 83.343(f) (relating to alternative manure utilization recordkeeping).
(3) Land application of nutrients on a CAO shall be documented on an annual basis by recording the following information for each source of nutrients:
(i) The locations and number of acres of nutrient application.
(ii) The months of nutrient application.
(iii) The rate of nutrient application for each field or crop group.
(4) Approximate annual crop yield levels for each crop group shall be recorded.
(5) Annual manure production calculated consistent with procedures in § 83.291(b)(2) shall be recorded.
§ 83.343. Alternative manure utilization record- keeping.
(a) Recordkeeping for manure transfers.
(1) A manure transfer sheet shall be used for all manure transfers from CAOs.
(2) The Commission or delegated conservation district shall make copies of the manure transfer sheet available to CAOs.
(3) Computer-generated forms other than the manure transfer sheet provided by the Commission may be used if they contain the same information as, and are reasonably similar in format to, the forms provided by the Commission.
(4) Recordkeeping related to the application of exported manure shall comply with the following:
(i) The exporter is responsible for the completion of section 1 of the Manure Transfer Sheet.
(ii) When the exporter, or person working under the direction of the exporter, applies the manure to the land, the exporter is responsible for completion of section 2 of the Manure Transfer Sheet.
(b) Recordkeeping for alternative manure utilization by means other than manure transfer. Operators shall keep annual records of the amount of manure utilized in any manner other than through manure transfers.
(c) Exporting manure. Those exporters following plans that detail the exporting of manure to known landowners, as in § 83.301(a) (relating to excess manure utilization plans for CAOs), need not submit manure transfer records to the agency approving the plan, but shall retain these records for review by the appropriate agency personnel in accordance with § 83.341 (relating to general recordkeeping requirements). CAOs exporting manure other than to known landowners are required to, within 1 year of approval of the plan, submit to the agency which approved the plan a copy of the manure transfer sheets or the summary of manure transfers of all manure transfers. Manure transfer records shall be maintained by the exporter for 3 years.
(d) Summary of manure transfers. When manure transfer records are required to be submitted to the reviewing authority, the exporter may either submit the manure transfer sheets for all manure transfers or the exporter may summarize the information from these sheets on the annual summary of manure transfers and submit this form only.
(e) Computer generated forms. The summary of manure transfer forms will be provided by the Commission. Computer-generated forms other than the summary of manure transfers provided by the Commission may be used if they contain the same information as, and are reasonably similar in format to, the forms provided by the Commission.
(f) Determination of nutrient content. During the implementation of the plan, operators of CAOs exporting manure will be required to determine the nutrient content of the manure by using accepted manure sampling and chemical analysis methods as outlined in the Manure Management Manual or the Pennsylvania Agronomy Guide.
§ 83.344. Exported manure informational packets.
(a) When manure is exported from a CAO, the exporter will provide the importer with a completed Manure Transfer Sheet.
(b) If the manure is to be land applied, the exporter is required to provide the following information to the importer or broker, as supplied by the Commission or its delegated agent:
(1) A fact sheet allowing for quick estimation of manure application rates.
(2) The applicable sections of the Manure Management Manual.
(3) A concise educational publication describing the key concepts of nutrient management.
(4) Additional informational items as supplied by the Commission for this purpose.
(c) The Commission will provide the materials in subsection (b) for distribution by the exporter. The exporter is only required to provide those items in subsection (b) that have been made available to the exporter by the Commission or its delegated agent.
(d) The exporter is responsible for providing the informational materials described in subsection (b) only if the importer or broker does not already have a current copy of the informational materials.
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES ON CAOS § 83.351. Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities.
(a) The minimum standards contained in this section apply to new manure storage facilities constructed and existing manure storage facilities expanded as part of a plan developed for a CAO.
(1) Manure storage facilities shall be designed, constructed, located, operated, maintained, and, when no longer used for the storage of manure, removed from service, to prevent the pollution of surface water and groundwater, and the offsite migration of pollution, by meeting the standards contained in the Pennsylvania Technical Guide, except if these standards conflict with this subchapter.
(2) In addition to complying with paragraph (1), manure storage facilities shall be designed and located in accordance with the following criteria:
(i) Facilities shall comply with the applicable criteria in Chapter 105 (relating to dam safety and waterway management).
(ii) The location and construction of facilities to be placed within a floodplain shall be consistent with local ordinances developed under the Pennsylvania Flood Plain Management Act (32 P. S. §§ 679.101--679.601), which relates to the dangers and damage of floodwaters.
(iii) The sides of facilities located in a floodplain shall be protected from erosion and scouring from a 25 year flood event.
(iv) For CAOs that were producing livestock or poultry on or before October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed:
(A) Within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.
(B) Within 100 feet of a private water well, or open sinkhole.
(C) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.
(D) Within 100 feet of an active public drinking water source surface intake, unless other State or Federal laws or regulations require a greater isolation distance.
(E) Within 100 feet of a property line, unless the landowners within the 100 feet distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
(F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8% or have a capacity of 1.5 million gallons or greater.
(G) Within 200 feet of a property line, where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8%, where the slope is toward the property line, or have a capacity of 1.5 million gallons or greater, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
(v) For CAOs on agricultural operations that come into existence after October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed:
(A) Within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.
(B) Within 100 feet of a private water well, or open sinkhole.
(C) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.
(D) Within 100 feet of an active public drinking water source surface intake, unless other State or Federal laws or regulations require a greater isolation distance.
(E) Within 200 feet of a property line, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
(F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8% or have a capacity of 1.5 million gallons or greater.
(G) Within 300 feet of a property line, where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8%, where the slope is toward the property line, or have a capacity of 1.5 million gallons or greater, unless the landowners within the 300 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
(vi) The Commission or a delegated conservation district may waive the distance restrictions in subparagraph (iv)(A), (B) and (E)--(G), if the following can be demonstrated to the satisfaction of the Commission or a delegated conservation district:
(A) The siting restrictions contained in subparagraph (iv) would make the placement economically unreasonable or physically impractical.
(B) A site investigation--including consultation with affected landowners--has been conducted which demonstrates that the proposed system will protect water quality and protect against offsite migration of nutrients.
(C) The type, design and contingency plan developed for the facilities meet additional criteria the Commission or delegated conservation district, in consultation with the NRCS, may require to protect water quality, and protect against offsite migration of nutrients.
(D) In the case of a private water well, the well construction meets the criteria that the Commission, in consultation with the NRCS, deems necessary to protect water quality. There will be no waivers granted from the setback requirements for public water wells or sources.
(3) The designer of the manure storage facility required by the plan shall address the following:
(i) Verification of the minimum manure storage period and minimum manure storage volume documented in the current plan.
(ii) Determination of the type and dimensions of facilities considering the environmental and space limitations of the site, as well as the operator's preference.
(iii) An onsite investigation to evaluate the site suitability for a facility in accordance with the standards in the Pennsylvania Technical Guide.
(b) The repair of an existing manure storage facility that is part of a plan developed for a CAO shall comply with applicable standards in the Pennsylvania Technical Guide. The location standards do not apply to these facility repairs.
(c) The site specific design for the construction, expansion or major repair of a liquid or semisolid manure storage facility covered under the act shall be done or approved by an engineer registered in this Commonwealth. The engineer shall certify that the design complies with the applicable design standards described in the Pennsylvania Technical Guide. The responsible engineer and construction contractor shall certify to the Commission or delegated conservation district that construction of the manure storage facility was completed according to the design and construction standards.
(d) A written site specific contingency plan, developed in accordance with the standards contained in the Pennsylvania Technical Guide, addressing actions to be taken in the event of a manure leak or spill from a manure storage facility covered under the act, shall be developed and kept onsite at the operation. In the case of a leak or spill of manure from a manure storage facility covered under the act, the operator is responsible for implementation of the site specific contingency plan developed for the operation. The contingency plan shall contain information necessary to meet the notification requirements for reporting leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § 101.2(a) (relating to incidents causing or threatening pollution).
(e) It is recommended that the operator provide a copy of the contingency plan to the local emergency management agency that would assist during a major leak or spill event.
PLAN REVIEW AND IMPLEMENTATION FOR CAOS § 83.361. Initial plan review and approval.
(a) Plans or plan amendments required for CAOs shall be submitted for initial review and approval to delegated conservation districts or alternatively to the Commission for CAOs located in counties not delegated administrative authority under § 83.241 (relating to delegation to local agencies). A person performing the plan review shall be certified in accordance with the Department of Agriculture's nutrient management specialist certification requirements in 7 Pa. Code §§ 130b.1--130b.51 (relating to nutrient management certification).
(b) The Commission or a delegated conservation district shall approve, modify or disapprove the plan or plan amendment within 90 days of receipt of a complete plan or plan amendment. The notice of determination to modify or disapprove a plan or plan amendment shall be provided in writing to the operator submitting the same and include an explanation specifically stating the reasons for modification or disapproval. The Commission or a delegated conservation district will, within 10 days from the date of receipt of the plan or plan amendment, provide notice to the operator indicating any missing or incomplete elements of the plan submission.
(c) Approvals will be granted only for those plans or plan amendments that satisfy the requirements of the act and this subchapter.
(d) If a plan or plan amendment is disapproved, the operator submitting the plan or plan amendment for the first time shall have 90 days after receipt of the notice of disapproval to resubmit a revised plan or plan amendment.
(e) An agricultural operation that submits a complete plan or plan amendment is authorized to implement the same if the Commission or a delegated conservation district fails to act within 90 days of submittal. When the Commission or a delegated conservation district fails to act within 90 days of plan submission and the plan or plan amendment is resubmitted and the delegated conservation district or Commission again fails to act within 90 days of resubmittal, it shall be deemed approved.
§ 83.362. Plan implementation.
(a) A CAO shall fully implement the plan within 3 years of the date the plan is approved or deemed approved or for which implementation is otherwise authorized under § 83.361(e) (relating to initial plan review and approval), unless extended upon approval of the Commission for cause shown or a plan amendment (see § 83.371 (relating to plan amendments)). The 3-year implementation schedule shall be extended an additional 2 years for individual substantial capital improvements required under an approved plan for an operation required to submit a plan under § 83.261(a) (relating to general) if the following occur:
(1) The owner or operator demonstrates that the cost of all or part of the individual improvements for which the extension is applicable cannot be financed through available funding mechanisms.
(2) A sum of $2 million or more has not been appropriated for grants and loans to the nutrient management fund above any Chesapeake Bay Nonpoint Source Pollution Abatement moneys that may be appropriated to the fund by October 1, 1998.
(b) Whatever adjustments are made in the implementation of the approved plan, the nutrient application rates shall be balanced as described in § 83.293 (relating to determination of nutrient application rates). The owner, operator or specialist shall review the approved plan at least annually to ensure that this condition is met.
(c) At least every 3 years, the plan shall be reviewed by a nutrient management specialist. If the agricultural operation is still consistent with the approved plan, the specialist shall provide notice of this to the reviewing agency. A plan amendment shall be submitted to the reviewing agency in accordance with § 83.361(a), if the agricultural operation has changed from that described in the approved plan (see § 83.371 (relating to plan amendments)).
(d) Limited liability protection, as described in § 83.206 (relating to limitation of liability), is afforded to those operators properly implementing an approved plan.
PLAN AMENDMENTS AND TRANFERS FOR CAOS § 83.371. Plan amendments.
(a) A plan amendment is required when the operator of a CAO expects to make significant changes in the management of nutrients from those contained in the approved plan. Those significant changes in the management of a nutrient which would require a plan amendment are as follows:
(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 the method of excess manure utilization under § 83.301 (relating to excess manure utilization plans for CAOs).
(4) When calculations in the plan as originally submitted are in error, or figures used in the plan are inconsistent with those contained in the Pennsylvania Agronomy Guide and the Manure Management Manual, and adequate justification has not been given in writing for the inconsistency.
(5) When a different BMP, than that called for in the approved plan, is proposed to address a manure management or stormwater management concern.
(6) When, 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.
(b) A plan amendment shall be developed and certified by a nutrient management specialist and shall be submitted to the reviewing agency in accordance with § 83.361(a) (relating to initial plan review and approval).
§ 83.372. Amendments due to unforeseen circumstances.
Changes in the implementation of plans due to unforeseen circumstances shall be certified by a nutrient management specialist as meeting applicable requirements of this subchapter and submitted to the district within 30 days of implementation. The amendments called for under this section will not require the review and approval of the Commission or a delegated conservation district, but shall temporarily become part of the plan until normal operations are resumed. Unforeseen circumstances include the following:
(1) Outbreak of contagious disease. Manure management shall be consistent with the procedures in § 83.381 (relating to manure management in emergency situations).
(2) Failures or malfunctions of equipment or storage that require a change in manure handling procedures.
(3) Other unforeseen circumstances that cause a significant change in the management of nutrients on the agricultural operation, such as:
(i) Unforeseen weather conditions which significantly impact plan implementation or crop failure due to adverse weather conditions.
(ii) Unanticipated loss of rented land that would create a reduction of greater than 20% in the nitrogen necessary for expected crop yields.
§ 83.373. Plan transfers.
(a) An approved nutrient management plan may be transferred to a subsequent owner or operator of an agricultural operation by notification of the transfer to the Commission or delegated conservation district, unless the transfer results in operational changes requiring a plan amendment under § 83.371 (relating to plan amendments).
(b) If the transfer of the plan results in operational changes requiring a plan amendment under § 83.371, the plan amendment shall be submitted for approval of the Commission or a delegated conservation district along with, or before, the notification required under subsection (a).
CONTAGIOUS DISEASE EMERGENCIES ON CAOS § 83.381. Manure management in emergency situations.
(a) In situations when there is an outbreak of a contagious disease as regulated by the Department of Agriculture, manure management shall be consistent with requirements in the Department of Agriculture's order of quarantine issued under the Domestic Animal Act (3 P. S. §§ 311--354) and regulations thereunder.
(b) The Department of Agriculture will notify the Commission when a quarantine is imposed on an agricultural operation covered by the act. The Department of Agriculture will supply the Commission and delegated conservation district with a copy of the quarantine document.
(c) Unless otherwise directed by the quarantine, an amended plan shall be developed addressing the management of manure under the quarantine. This plan shall be certified by a nutrient management specialist prior to implementation and submitted to the reviewing agency within 30 days of implementation.
(d) Where nutrients are applied in excess of crop need due to the quarantine restrictions placed on the manure, and the cropping sequence permits, cover crops shall be planted to the site to minimize the loss of these nutrients. The harvesting of these cover crops is encouraged to facilitate the removal of excess nutrients.
(e) The temporary storage of manure during the quarantine shall be done under § 83.311 (relating to manure management).
(f) The application of manure during the quarantine shall be done under § 83.294(5) (relating to nutrient application procedures).
(g) Standard soil tests will be required each year for crop fields where the implementation of the quarantine required that nutrients be applied in excess of the amount the crop can use. In addition to the standard test, an appropriate test indicating the amount of nitrogen available for crop uptake will be required for 1 year beyond the cessation of excess manure application.
PLAN SUMMARY INFORMATION FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.391. Identification of agricultural operations and acreage.
(a) The plan shall include an agricultural operation identification sheet which includes the following information:
(1) The operator name, address and telephone number.
(2) The signature of the operator, indicating the operator's concurrence with the practices outlined in the plan.
(3) The counties where land included in the plan is located.
(4) The watersheds of land included in the plan. The existence of special protection waters, as identified in § 93.9 (relating to designated water uses and water quality criteria), shall also be noted.
(5) The total acreage of the agricultural operation included in the plan.
(6) The total acreage of land on which nutrients shall be applied. The total acreage shall be separated into acres of owned land and acres of rented land.
(7) The number of AEUs per acre on the agricultural operation.
(8) The name, and nutrient management certification program identification number, of the nutrient management specialist that prepared the plan, the date of plan preparation and the date of revisions, if any.
(b) The plan shall contain maps or aerial photographs of sufficient scale which clearly identify:
(1) The location and boundaries of the agricultural operation.
(2) Individual field boundaries under the plan.
(3) Field number and acreage of each field.
(4) The identification of all soil types and slopes on the agricultural operation. An NRCS soil survey map with the soil identification legend shall be sufficient to satisfy this requirement. These soil survey maps may be available at the county NRCS office or conservation district office.
(5) The location of areas where manure application may be limited based on § 83.404(5) (relating to nutrient application procedures).
§ 83.392. Summary of plan.
(a) The plan shall contain a summary that includes:
(1) A chart listing:
(i) The total amount of manure generated on the operation annually.
(ii) The total amount of manure to be used on the operation annually.
(iii) The total amount of manure to be exported from the operation annually.
(2) Nutrient application rates by field or crop group.
(3) Procedures and provisions for the utilization or proper disposal of excess manure.
(b) Manure management and storage practices, stormwater runoff control practices and other appropriate BMPs necessary to protect the quality of surface water and groundwater may be referenced in the summary but shall be covered by the appropriate section of the plan.
NUTRIENT APPLICATION FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.401. Determination of available nutrients.
(a) The plan shall include the amount of each type of nutrient source used on the operation, including: manure, sludges, compost, cover crops, commercial fertilizers and other nutrients that will be applied to the agricultural operation.
(b) The amount and nutrient content of manure to be applied on the agricultural operation shall be determined as follows:
(1) The plan shall include the average number of animals of each animal type, on a typical production day, for the agricultural operation.
(2) The amount of manure produced and when it is available for spreading on the agricultural operation shall be calculated based on the average number of AEUs on the agricultural operation or actual production data, and the storage capacity of manure storage facilities, if present. Bedding, wash water, rain and runoff, when mixed with manure, shall be included in determining the total volume of manure to be applied.
(3) For the preparation of the plan and plan amendments, it is recommended that the nutrient content of the manure be determined by using accepted manure sampling and chemical analysis methods as outlined in the Manure Management Manual or the Pennsylvania Agronomy Guide. When sampling and analysis are not done, the nutrient management specialist shall use standard book values such as those contained in the Manure Management Manual or the Pennsylvania Agronomy Guide to determine the nutrient content of the manure. The nutrient content of the manure shall be recorded in the plan.
(c) The nitrogen available from manure shall be based on the appropriate availability factors such as those contained in the Manure Management Manual or Pennsylvania Agronomy Guide. The amount of nitrogen available in the manure, and the planned manure incorporation times used to determine the nitrogen available, shall be included in the plan.
(d) The residual nitrogen from legume crops and applications of manure, as described in the Pennsylvania Agronomy Guide, shall be recorded in the plan and credited when determining nutrient application rates.
(e) For the development of the initial plan, soil tests shall be required to represent the fields in the operation for phosphorus (P), potassium (K), soil pH and lime requirement using those procedures for the Northeastern United States, Bulletin #493, published by the University of Delaware, or other Commission approved procedures. Soil tests conducted within the previous 3 years prior to submitting the initial plan are acceptable. After the approval of the initial plan, soil tests shall be required at least every 6 years from the date of the last test. Soil tests, or the results of the soil tests, will not be required to be submitted with the plan, but shall be kept on record at the operation.
§ 83.402. Determination of nutrients needed for crop production.
(a) The plan shall include the acreage and realistic expected crop yields for each crop group.
(b) For the development of the initial plan, expected crop yields may not exceed those considered realistic for the soil type and climatic conditions, as set by the operator and the specialist, and approved by the Commission or a delegated conservation district. If actual yield records are available during the development of the initial plan, the expected crop yields may be based on these records.
(c) If after the first 3 years of implementing the plan, the yields do not average at least 80% of the planned expected yield, the plan shall be amended to be consistent with the documented yield levels unless sufficient justification for the use of the higher yields is provided in writing to the Commission or a delegated conservation district.
(d) For determining expected crop yields for future plan updates and amendments, expected crop yields shall be based on documented yield levels achieved for the operation. Expected crop yields higher than historically achieved may be used if the operator provides sufficient justification in writing for the use of the higher yields to the Commission or delegated conservation district.
(e) The plan shall include a determination of the amount of nutrients necessary for realistic expected crop yields.
(f) The Pennsylvania Agronomy Guide or Manure Management Manual may be used to assist in determining the amount of nutrients necessary for achieving realistic expected crop yields.
§ 83.403. Determination of nutrient application rates.
(a) Nitrogen shall be applied only in the amounts necessary to achieve realistic expected crop yields or at a rate not exceeding what the crop will utilize for an individual crop year.
(b) The planned manure application rates shall be recorded in the plan. The planned manure application rate may be any rate equal to or less than the balanced manure application rate based on nitrogen. The balanced manure application rate based on nitrogen shall be determined by first subtracting the amount of available residual nitrogen and any other applied nitrogen, such as nitrogen applied in the starter fertilizer, from the amount of nitrogen necessary for realistic expected crop yields and then dividing this by the available nitrogen content of the manure as determined by standard methods.
(c) The plan shall include calculations indicating the difference between the recommended nitrogen necessary for realistic expected crop yields and nitrogen applied including, but not limited to, manure, sludge, starter fertilizer and other fertilizer. A deficit may be made up with supplemental nitrogen applications. A nitrogen availability test may also be used to determine supplemental nitrogen needs.
§ 83.404. Nutrient application procedures.
The plan shall include nutrient application procedures that meet the following criteria:
(1) Nutrients shall be uniformly applied to fields during times and conditions that will hold the nutrients in place for crop growth, and protect surface water and groundwater in accordance with the approved manure management practices as described in the Manure Management Manual.
(2) Intended target spreading periods for the application of manure shall be included in the plan.
(3) Application rates and procedures shall be consistent with the capabilities, including capacity and calibration range of available application equipment.
(4) Application rates for liquid manure irrigation shall be based on the lesser of either the nutrient plan application rates determined in accordance with § 83.403(a) and (b) (relating to determination of nutrient application rates), or the rates determined to be within infiltration capabilities of the soil such as those contained in the NRCS Pennsylvania Irrigation Guide or the Midwest Plan Service Livestock Waste Facilities Handbook.
(5) Manure may not be applied in the following situations:
(i) Within 100 feet of an open sinkhole where surface water flow is toward the sinkhole, unless the manure is mechanically incorporated within 24 hours of application.
(ii) Within 100 feet of active private drinking water sources such as wells and springs, where surface water flow is toward the water source, unless the manure is mechanically incorporated within 24 hours of application.
(iii) Within 100 feet of an active public drinking water source, unless other State or Federal laws or regulations require a greater isolation distance.
(iv) Within concentrated water flow areas in which vegetation is maintained, such as ditches, waterways, gullies and swales, during times when soil is frozen, snow covered or saturated.
(v) Within concentrated water flow areas in which vegetation is not maintained, such as intermittent streams, gullies and ditches.
(vi) Within 100 feet of streams, springs, lakes, ponds, intakes to agricultural drainage systems (such as in-field catch basins, and pipe outlet terraces), or other types of surface water conveyance, where surface water flow is toward the identified area, when soil is frozen, snow covered or saturated.
(vii) Within 200 feet of streams, springs, lakes, ponds, intakes to agricultural drainage systems (such as in-field catch basins, and pipe outlet terraces), or other types of surface water conveyance, where surface water flow is toward the identified area and where the slope is greater than 8% as measured within the 200 feet, during times when soil is frozen, snow covered or saturated.
(6) If winter spreading of manure is anticipated, the application procedures for the winter spreading of manure shall be described in the plan. The procedures described in the plan shall be consistent with those contained in the Manure Management Manual. If procedures other than those in the Manure Management Manual are to be used, approval shall be obtained from the Department or a delegated conservation district.
ALTERNATIVE USES FOR EXCESS MANURE FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.411. Alternative manure utilization plans.
For agricultural operations other than CAOs, the plan shall contain a description of the following:
(1) The estimated amount of manure to be utilized for other than land application on the operation.
(2) The intended season for the alternative manure utilization.
(3) The alternative manure utilization method such as:
(i) Land application by known importers.
(ii) Transfer through a manure broker.
(iii) Use on the agricultural operation in a manner other than land application.
(iv) Marketing through an open advertising system.
MANURE MANAGEMENT FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.421. Manure management.
(a) In the preparation of a plan, the nutrient management specialist, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel, shall conduct a review of the adequacy of existing manure management practices to prevent surface water or groundwater pollution under normal climatic conditions for the location. Practices to be evaluated in this review include manure handling, collection, barnyard runoff control, storage and spreading practices. Examples of inadequate manure management practices include the following:
(1) Manure, contaminated water or nutrients leaving manure storage or animal concentration areas and discharging into surface water or groundwater.
(2) The uncontrolled flow of stormwater into, or across, manure storage facilities, temporary manure stacking areas and animal concentration areas.
(3) Manure storage facilities overflowing or maintained at levels above design full levels.
(4) Manure storage facilities that are sized for less than the projected manure accumulation based on the expected application periods used in the plan.
(5) Leaking or unstable manure storage facilities.
(b) As part of a plan certification, the nutrient management specialist shall assure that the review required under subsection (a) was undertaken in the preparation of the plan. The plan will contain those BMPs that are necessary to correct identified water contamination sources and protect surface water and groundwater. During the implementation of the approved plan, the BMPs shall meet the specifications contained in the Pennsylvania Technical Guide. The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan. The BMP design shall be kept on record by the operator as a supplement to the plan
(c) The following BMPs may be used to protect water quality and to control water in farmstead, manure storage and animal concentration areas.
(1) Manure storage facilities including permanent manure stacking areas. The construction of manure storage facilities is not required unless necessary to protect surface water and groundwater as part of an integrated nutrient management system.
(2) Adequate collection of manure from animal concentration areas for utilization on cropland or for other acceptable uses.
(3) Diversion of contaminated runoff within animal concentration areas to a storage, lagoon, collection basin, vegetated filter area, or another suitable site or facility.
(4) Diversion or elimination of contaminated water sources unless required for proper operation of the manure management system.
(5) Temporary manure stacking areas if they are located outside concentrated water flow areas and areas where manure application is restricted or prohibited based on § 83.404(5) (relating to nutrient application procedures).
(6) Other appropriate BMPs acceptable to the Commission.
(d) When temporary manure stacking areas may be necessary for the implementation of the plan, the plan shall identify those areas available for the storage of manure due to unforeseen circumstances such as adverse weather conditions. Manure shall be removed from temporary stacking areas for utilization on cropland or other acceptable uses as soon as feasible.
(e) Information contained in other sections of the plan may be used by the specialist when addressing this section.
(f) The siting, design and installation of manure storage facilities shall meet the requirements in § 83.461 (relating to minimum standards for manure storage facilities) and the Pennsylvania Technical Guide.
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