[34 Pa.B. 4361]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE I. LAND RESOURCES
CHAPTER 83. STATE CONSERVATION COMMISSION
Subchapter D. NUTRIENT MANAGEMENT
GENERAL PROVISIONS § 83.201. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * BMP--Best management practice--A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface water and groundwater taking into account applicable nutrient requirements for crop utilization. [ The term includes, but is not limited to:
(i) Conservation tillage.
(ii) Crop rotation.
(iii) Soil testing.
(iv) Manure testing.
(v) Diversions.
(vi) Manure storage facilities.
(vii) Stormwater management practices.
(viii) Nutrient application.]
CAO--Concentrated animal operation--Agricultural operations with eight or more animal equivalent units where the animal density exceeds two AEUs per acre on an annualized basis.
* * * * * Concentrated water flow areas--[Those natural] Natural or manmade areas where stormwater runoff is channeled and conveyed directly to [a] surface water [body] or groundwater. The term includes, but is not limited to, ditches, waterways, gullies and swales.
* * * * * Conservation Plan--A plan that identifies conservation practices and includes site-specific BMPs which minimize the potential for accelerated erosion and sediment from agricultural plowing or tilling activities, and which contains:
(i) BMPs for agricultural plowing and tilling activities, including soil loss tolerance values (T), identified in the Pennsylvania Technical Guide.
(ii) A schedule for the implementation of the BMPs.
* * * * * Critical runoff problem areas--[Those nonvege- tated] Nonvegetated concentrated water flow areas directly discharging into surface water [bodies] or groundwater, and [those] areas where runoff containing nutrients that were applied after the growing season discharge directly into surface water or groundwater. The term includes gullies and unprotected ditches.
Crop [group] management unit--[A crop field or group of crop fields that are planted to the same crop, managed as a unit, have similar levels of residual nutrients and will produce similar crop yields.] The portion of cropland, hayland and pasture, including a field, a portion of a field, or group of fields, on an agricultural operation that has a unique management history (same rotation and manure history), similar production capability, and that will be managed uniformly as a distinct unit.
Department--The Department of Environmental Protection.
Erosion and Sediment Control Plan--A site-specific plan identifying BMPs to minimize accelerated erosion and sedimentation. An Erosion and Sediment Control Plan under Chapter 102 (relating to erosion control), required for plowing and tilling activities, may be that portion of a Conservation Plan identifying BMPs to minimize erosion and sedimentation.
Existing agricultural operation--For the sole purpose of determining the eligibility for the Nutrient Management Plan Implementation Grants Program established under the act, an existing operation is an agricultural operation producing crops, livestock or poultry as of ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), where the focus of the operation has not changed since ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.). A change in focus includes a significant increase in the scope or magnitude of the operation as well as the inclusion of a new livestock type on the operation.
Farming resources--The animals, facilities and lands used for the production of crops, livestock or poultry. The lands are limited to those located at the animal production facility which are owned, rented or leased by the operator of the facility, and other owned, rented or leased lands[under agreement or] under the management control of the operator of the facility that are [an integral part of the production of crops, livestock or poultry and the associated management] used for the application, treatment or storage of nutrients generated [by the animal production] at the facility.
* * * * * In-field stacking--The practice of stacking solid manure on unimproved cropland areas to be applied to the land as plant nutrients.
Livestock--
(i) Animals raised, stabled, fed or maintained on an agricultural operation with the purpose of generating income or providing work, recreation or transportation. Examples include: dairy cows, beef cattle, goats, sheep, swine and horses.
(ii) The term does not include aquatic species.
Manure Management Manual--The guidance manual published by the Department that is entitled ''Manure Management Manual for Environmental Protection,'' [and] including its supplements [developed by an interagency workgroup and published by the Department] and amendments. The manual describes approved manure management practices for [which a permit or approval from the Department is not required as set forth in § 101.8] all agricultural operations as required by § 91.36 (relating to pollution control and prevention [from] at agricultural operations).
Manure group--A portion of the manure generated on the operation that is distinct due to factors including species, handling practices, storage location, manure consistency, anticipated nutrient content or application season.
Manure storage facility--
(i) A permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure. [The storage facility of a waste management system is the tool that gives the manager control over the scheduling and timing of the spreading or export of manure.]
(ii) Examples include: liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a confinement building, permanent stacking and composting facilities and manure treatment facilities.
(iii) The term does not include the animal confinement areas of poultry houses, horse stalls, freestall barns or bedded pack animal housing systems.
* * * * * Nutrient--A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value. The term includes, but is not limited to, livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, [sewage sludge] biosolids or combinations thereof.
Nutrient balance sheet--A crop management tool developed to protect and maintain water quality by providing the calculation for determining the amount of manure that can be applied to cropland, hayland and pasture, to meet the nitrogen needs of a given crop management unit, using procedures acceptable to the Commission. The nutrient balance sheet takes into account the type and yield of crop to be grown, the residual nitrogen from various nutrient sources and any planned chemical fertilizer applications.
Nutrient management specialist or specialist--A person satisfying the requirements of the Department of Agriculture's Nutrient Management Certification Program in 7 Pa. Code §§ 130b.1--130b.51 (relating to nutrient management certification).
Pastures--Crop areas managed for forage production that are harvested by livestock or livestock and haying and where animal management practices [assure] ensure that [uncollected] manure nutrients [are limited to] deposited by livestock does not exceed the amounts utilized by the crop.
Pennsylvania Agronomy Guide--The [quick] reference book published by [the] Cooperative Extension and updated periodically, used as a practical guide to grain and forage production, soil fertility management, pest management and erosion control, with special reference to Pennsylvania conditions.
Pennsylvania Soil and Water Conservation Technical Guide--Pennsylvania Technical Guide--A primary reference document published by the United States Department of Agriculture's NRCS, which is used by technically trained persons to plan and apply appropriate BMPs.
Perennial stream--A body of water [that normally flows year-round] flowing in a [defined] channel or bed[,] composed primarily of substrates associated with flowing waters and [is] capable, in the absence of pollution or other manmade stream disturbances, of supporting bottom dwelling aquatic animals.
* * * * * Phosphorus Index--The field evaluation tool developed specifically for this Commonwealth and approved by the Commission, which combines indicators of phosphorus sources and phosphorus transport, to identify areas that have a high vulnerability or risk of phosphorus loss to surface waters, and provides direction on the land application of phosphorus-containing nutrient sources to protect water quality.
Plan--nutrient management plan--
(i) A written site-specific plan which [incorporates BMPs to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria] meets the requirements in sections 4 and 6 of the act (3 P. S. §§ 1704 and 1706), and in §§ 83.271, 83.272 and 83.281--83.331 for CAOs [or] and §§ 83.271, 83.272 and 83.391--83.441 for [non-CAOs planning under the act] VAOs.
(ii) The term includes plan amendments required under §§ 83.371, 83.372, 83.481 and 83.482.
Spring--A place where groundwater flows naturally from rock or soil onto the land surface [or into a surface water body,] for a total of 183 days or more per year.
Stormwater--Runoff from the surface of the land resulting from rain, [or] snow or ice melt.
Surface water [ and groundwater ]--[All rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.] Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.
Temporary manure stacking areas--Unimproved areas[, preferably located in crop fields,] that are [planned] authorized to be used [in unforeseen circumstances] for the storage of solid manure to be [used] applied to the land as plant nutrients during the next growing season, or for other acceptable uses, except that these areas are only used as a contingency measure to address situations where the approved manure handling practice as described in the plan is not able to address the generated manure due to unforeseen circumstances.
VAO--Voluntary agricultural operation--
(i) Any operation not specifically required under the act or this chapter to submit and implement a nutrient management plan meeting the criteria established in this subchapter.
(ii) The term includes agricultural operations applying for financial assistance under the act.
§ 83.202. Scope.
This subchapter specifies minimum criteria and requirements for:
(1) Nutrient management plans required under the act for CAOs or other agricultural operations directed by the Commission or the Department to follow the CAO criteria established under the act.
(2) [Voluntary nutrient management plans developed on other agricultural operations and submitted to the Commission or delegated conservation district for approval under the act] Nutrient management plans submitted by VAOs.
(3) [Plans on other agricultural operations receiving financial assistance under the act or under the Chesapeake Bay Nonpoint Source Pollution Abatement Program.
(4) Compliance plans submitted by an agricultural operation found to be in violation of The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
(5)] The construction, location, [storage capacity] design, installation and operation of animal manure storage facilities [constructed and existing facilities expanded or repaired as part of a plan developed under the act] on agricultural operations subject to the act.
[(6)] (4) * * *
[(7)] (5) * * *
[(8)] (6) * * *
§ 83.204. Applicability of requirements.
(a) CAOs required under the act, or other operations directed by the Commission or the Department to submit and implement a plan [under the act], shall [refer to] comply with the following sections [for applicable requirements]: §§ 83.261 and 83.271--83.381.
(b) [Agricultural operations that plan voluntarily under the act or as a condition of receiving financial assistance under the act or the Chesapeake Bay Non-point Source Pollution Abatement Program,] VAOs shall [refer to] comply with the following sections [for applicable requirements: §§ 83.261, 83.271, 83.272 and 83.391--83.491.
§ 83.205. Preemption of local ordinances.
* * * * * (b) After October 1, 1997, no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way regulate practices related to the storage, handling or land application of animal manure or nutrients or to the construction, location or operation of facilities used for storage of animal manure or nutrients or practices otherwise regulated by the act or this subchapter if the municipal ordinance is in conflict with [the requirements of] the act and this subchapter.
(c) Nothing in the act or this subchapter prevents a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of the act and this subchapter.
* * * * *
PLAN DEVELOPMENT INCENTIVES PROGRAM § 83.211. Applicant eligibility.
* * * * * (b) [Only agricultural] Agricultural operations that were producing crops, livestock or poultry as of [October 1, 1997] ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), and are or will be producing or utilizing livestock or poultry manure or both on their operation, are eligible to receive funding under this program.
(c) [For the time period of October 1, 1997, to September 30, 1998, only CAOs are eligible to receive funding under this program.] CAOs that are in violation, as determined by the Commission, of the plan submission requirements or any other requirements of the act are not eligible for funding under this program.
(d) Agricultural operations having an approved plan prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) that are in compliance with that plan and the act are eligible to receive funding to amend the plan to meet the requirements of this revised subchapter.
§ 83.213. Application prioritization criteria.
[(a) Only CAOs are eligible for funding from this program for the time period of October 1, 1997, to September 30, 1998.
(b) After September 30, 1998, the] The distribution of funding shall be provided to the extent funds are available based on the following prioritization:
(1) Agricultural operations newly classified as CAOs due to the revised criteria established in this subchapter.
(2) CAOs amending a plan approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) to conform with the revised program criteria.
(3) CAOs coming into existence after [October 1, 1997] ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), due to loss of rented acres.
[(2) Non-CAOs volunteering to comply with the act] (4) VAOs amending a plan approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) to conform with the revised program criteria.
[(3) CAOs in existence before October 1, 1997] (5) VAOs submitting a plan under the act.
[(4)] (6) Other CAOs coming into existence after [October 1, 1997]______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
§ 83.214. Eligible costs.
(a) Eligible costs considered by the Commission are those fees incurred for the development of the initial plan or the amendment of a plan approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) to conform with the revised program criteria.
(b) [Only those] Costs of soil and manure tests [costs included in the service fee charged] (not including labor costs) for initial plan development, or for developing the amended plan as described in subsection (a), are eligible for reimbursement.
§ 83.215. Funding limitations.
* * * * * (b) Funding under this program will be limited to a one-time reimbursement payment for initial plan development costs incurred after the operator's application has been approved, and as a one-time reimbursement payment for a plan amendment of a plan approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) to conform with the revised program criteria.
* * * * *
FINANCIAL ASSISTANCE § 83.221. Applicant eligibility.
(a) An owner or operator of an existing agricultural operation [existing as of October 1, 1997], may apply for financial assistance for the implementation of plans developed under the act. The owner or operator shall have legal and financial responsibility for the agricultural operation during the term of the financial assistance provided by the Commission.
(b) Existing CAOs required to implement BMPs to conform with the revised criteria are eligible for financial assistance for the implementation of the BMPs.
(c) New agricultural operations coming into existence after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) are not eligible for financial assistance for the implementation of their approved plan.
(d) If the applicant is a lessee or operator, the applicant shall apply jointly with the owner of the agricultural operation for financial assistance. The [lessee or operator and] owner shall be [jointly] responsible for the repayment of financial assistance unless the agreement establishes the lessee or operator as having joint or principal responsibility.
(e) CAOs that were in violation of the plan submission requirements of the act prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) or are in violation of any other provision of the act, are not eligible for funding under this program.
(f) Existing agricultural operations expanding to become a CAO after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) are not eligible for financial assistance for the implementation of their approved plan.
§ 83.222. Condition for receipt of financial assistance.
An agricultural operation approved to receive financial assistance under the Chesapeake Bay Nonpoint Source Pollution Abatement Program after [October 1, 1997] ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), or otherwise receiving financial assistance under the act for plans, shall agree to develop and implement a plan as a condition for receiving the financial assistance.
§ 83.224. Project evaluation and prioritization criteria.
(a) Applications for financial assistance will be evaluated in accordance with project evaluation criteria guidelines developed by the Commission. [CAOs will receive priority evaluation from October 1, 1997, to September 30, 1998.]
(b) Applications for financial assistance will be prioritized for consideration as follows:
(1) CAOs in [existence on October 1, 1997, complying with the act and this subchapter] compliance with the act and properly implementing a plan approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) which, due to the revisions to the regulations, are required to implement additional practices to meet the new criteria.
(2) Agricultural operations newly classified as CAOs due to the revised criteria established in this subchapter.
(3) CAOs coming into existence after [October 1, 1997]______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), due to loss of rented acres.
(4) VAOs having an approved plan as of ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
[(3) Non-CAOs] (5) Other VAOs with critical BMPs.
[(4)] (6) * * *
§ 83.225. Application procedure.
* * * * * (b) An application received by the Commission or delegated agent will be reviewed for completeness and eligibility. An application shall include a [summary] copy of the approved plan which identifies the proposed BMPs for which financial assistance is being requested.
* * * * * (d) [The Commission will approve or deny each application submitted.] Within [45] 60 days of receipt of all required information, applicants will be notified in writing of actions taken on their applications and [their] any right to appeal the actions.
* * * * * § 83.226. Eligible costs for the implementation of an approved plan.
* * * * * (c) The Commission may consider alternative manure technology practices and equipment eligible to receive financial assistance under this chapter if these practices or equipment are considered to be effective in addressing nutrient management issues on the operation. Financial assistance funding levels and limitations for these alternative practices and equipment shall be established by the Commission.
§ 83.229. Grants.
* * * * * (b) The Commission may limit individual grant awards to whatever amount it deems appropriate. The maximum amount of a grant may not exceed those maximum grant limits established by the Commission. An agricultural operation that has received or is approved to receive financial assistance under [the Chesapeake Bay Nonpoint Source Pollution Abatement Program is] any local, State, Federal or other financial assistance program may also be eligible for grants under the Nutrient Management [Financial Assistance] Plan Implementation Grant Program up to the grant limit established by the Commission in grants from those combined sources [of the Chesapeake Bay Program] and the Nutrient Management [Financial Assistance] Plan Implementation Grant Program.
* * * * * § 83.231. Funding limitations.
* * * * * (e) Letters of no prejudice. Exceptions to the general prohibition against initiation of construction prior to consideration by the Commission may be made when immediate plan implementation is required to proceed before an application for financial assistance can be submitted to the Commission. Circumstances that would require immediate plan implementation and therefore appropriate for consideration by the Commission for a letter of no prejudice, shall relate to acute failures or malfunctions of practices where immediate implementation is necessary to address significant environmental degradation. In this case, a potential applicant may apply to the Commission for a letter of no prejudice wherein the Commission agrees to consider a future application for financial assistance without limitation or prejudice even if project construction has begun at that time. If the Commission issues a letter of no prejudice, project construction can begin without jeopardizing or benefiting a future application.
§ 83.232. Implementation and reporting.
* * * * * (b) Unless otherwise approved by the Commission, the applicant shall begin construction of the project, in accordance with its application within [6] 9 months [after] of the Commission sending notice of approval [by the Commission] of a grant application. If the applicant does not begin implementation within the specified time period [and], does not continue work without unreasonable interruption, or does not complete the project within the specified time period in the grant agreement, the financial assistance may be withdrawn by the Commission.
* * * * *
DELEGATION TO LOCAL AGENCIES § 83.241. Delegation to local agencies.
* * * * * (d) A delegation agreement [shall] will:
* * * * *
NUTRIENT MANAGEMENT PLANS § 83.261. General.
[(a) A CAO in existence on October 1, 1997, shall submit to the Commission or a delegated conservation district, a plan by October 1, 1998.]
Agricultural operations shall meet the plan requirements of §§ 83.261--83.491 according to the following:
(1) Operations defined as a CAO prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
(i) For operations defined as CAOs operating as of October 1, 1997, a plan shall have been submitted prior to October 1, 1998.
(ii) For operations which were newly defined as a CAO due to expansion of operations prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), a plan shall have been submitted within 3 months of the change in operations which classified them as a CAO.
(iii) For new operations defined as CAOs and commencing before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), a plan shall have been submitted prior to commencement of operations.
[(b) A CAO which comes into existence after October 1, 1997, shall submit to the Commission or a delegated conservation district a plan by January 1, 1998, or prior to the commencement of manure operations, whichever is later. It is recommended that the CAO submit the plan for review and approval prior to construction.] (2) Operations defined as a CAO after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) who were not defined as CAOs prior to that date. An existing agricultural operation as of ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) which did not meet the CAO definition prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) but which is defined as a CAO under this subchapter, shall submit a plan by ______ (Editor's Note: The blank refers to a date 2 years after the adoption of this proposed rulemaking.).
[(c) An agricultural operation which, because of expansion of animal units or loss of land suitable for manure application, meets the criteria for a CAO shall submit to the Commission or a delegated conservation district a plan within 3 months after the date of completion of the expansion or the loss of land. It is recommended that an operator who intends to expand an existing agricultural operation submit the plan for review and approval prior to expansion.] (3) Operations that become defined as CAOs after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) due to expansion of an existing operation or loss of rented or leased land. Existing operations that make changes to their operations that result in becoming defined as CAOs for the first time, after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), shall meet the following:
(i) An agricultural operation which becomes a CAO after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) due to loss of land suitable for manure application, shall submit a plan within 6 months after the date which the operation becomes a CAO.
(ii) An agricultural operation which will become a CAO due to expansion of operations by the addition of animals shall obtain approval of the plan prior to the expansion.
[(d) An agricultural operation other than a CAO may voluntarily submit a plan at any time after October 1, 1997. It is recommended that the operator of an agricultural operation voluntarily submitting a plan under the act, submit the plan for review and approval prior to construction, if construction activities are called for in the plan.] (4) New Operations. A new operation which will commence after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), and which will be a CAO, shall obtain approval of a plan meeting the requirements of this subchapter prior to the commencement of the operation.
(5) Revision of plans approved prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.). All operations (CAOs and VAOs) having an approved plan prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) shall comply with the following:
(i) CAOs shall submit an amended plan to incorporate the requirements included in this amended subchapter under the 3 year review requirement of § 83.362 (relating to plan implementation), or by ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposed rulemaking.), whichever is later.
(ii) VAOs shall submit an amended plan on the same schedule as CAOs in subparagraph (i) if they desire to maintain their status as a VAO.
(iii) VAOs that received funding under this subchapter shall implement the approved plan and maintain the BMPs installed using that funding.
(6) The plan shall be submitted to the Commission or delegated conservation district by the operator who shall sign the plan.
[(e)] (7) Plans and plan amendments shall be developed by nutrient management specialists 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). The specialists shall certify, by signature, that the plans are in accordance with the act and this subchapter. Operators and specialists who sign plans may be subject to penalties for any false information contained in the plans.
§ 83.262. Identification of CAOs.
(a) Procedure. To determine if a particular agricultural operation is a CAO [which is required to develop a plan], the number of AEUs per acre on the agricultural operation shall be calculated using the following procedure:
(1) The number of AEUs on the agricultural operation shall be calculated by using the following steps:
(i) [Multiply] Compute the animal weight on a typical production day for the agricultural operation by multiplying the average number of animals on the agricultural operation on a typical production day by the standard animal weight contained in [Table A to equal a total weight] Agronomy Facts 54--Pennsylvania's Nutrient Management Act: Who Will Be Affected?, published by the Pennsylvania State University. [Nonstandard] Other animal weights may be used in place of those in [Table A] Agronomy Facts 54, if there is sufficient documentation to support the use of the nonstandard weights. For those animal types not included in [Table A] Agronomy Facts 54, the average animal weight for the operation shall be used for this calculation, taking into account, if applicable, the range of animal weights throughout the production cycle of the animal.
(ii) [Multiply] Annualize the average animal weight per production day by multiplying the [total] animal weight [reached] on a typical production day derived in subparagraph (i) by the number of production days per year, then divide by 365 days.
(iii) [Divide] Compute the number of AEUs for the particular animal type by dividing the number [reached] derived in subparagraph (ii) by 1,000 [to equal the number of AEUs for each type of animal].
(iv) [Total the number] Compute the total AEUs for the operation by adding together the number of AEUs for each type of animal to equal the total number of AEUs on the agricultural operation.
(v) Operations having less than eight AEUs are not classified as CAOs regardless of the animal density.
[Table A
Type of Animal Standard Weight in Pounds During Production (Range) Swine Nursery Pig 30 (15--45) Finishing Pig 145 (45--245) Gestating Sow 400 Sow and Litter 470 Boar 450 Beef Calf 0--8 Mo. 300 (100--500) Finishing 8--24 Mo. 850 (500--1,200) Cow 1,150 Veal Calf 0--16 Wk. 250 (100--400) Poultry Layer 18--65 Wk. 3.25 (2.75--3.76) Layer 18--105 Wk. 3.48 weighted avg. Layer Brown Egg
20--65 Wk.4.3 (3.6--5) Layer Brown Egg
20--105 Wk.4.63 weighted avg. Pullets 0--18 Wk. 1.42 (0.08--2.75) Broiler, Lg. 0--57 Days 3.0 (0.09--5.9) Broiler, Med. 0--43
Days2.3 (0.09--4.5) Roaster Male 0--8 Wk. 3.54 (0.09--7) Female 0--10 Wk. 3.54 (0.09--7) Turkey, Tom 0--18 Wk. 14.1 (0.12--28) Turkey, Hen 0--14 Wk. 7.1 (0.12--14) Duck 0--43 Days 3.56 (0.11--7) Guinea 0--14 to 24 Wk. 1.9 (0.06--3.75) Pheasant 0--13 to 43 Wk. 1.53 (0.05--3) Chukar 0--13 to 43 Wk. 0.52 (0.04--1) Quail 0--13 to 43 Wk. 0.26 (0.02--0.5) Dairy Holstein/Brown Swiss Cow 1,300 Heifer 1--2 Yr. 900 (650--1,150) Calf 0--1 Yr. 375 (100--650) Bull 1,500 Ayrshire/Guernsey
Cow1,100 Heifer 1--2 Yr. 800 (575--1,025) Calf 0--1 Yr. 338 (100--575) Bull 1,250 Jersey Cow 900 Heifer 1--2 Yr. 600 (400--800) Calf 0--1 Yr. 225 (50--400) Bull 1,000 Sheep Lamb 0--26 Wk. 50 (10--90) Ewe 150 Ram 185 Goat Kid 0--10 Mo. 45 (5--85) Doe 125 Buck 170 Horse Foal 0--6 Mo. 325 (125--625) Yearling 750 (625--875) Nondraft Breeds,
Mature1,000 Draft Breeds, Mature
1,700] (2) [The] Compute the number of AEUs per acre [shall be calculated] by dividing the total number of AEUs by the total number of acres of land suitable for the application of manure [to equal the number of AEUs per acre].
(i) [Land suitable, for] For the sole purpose of determining whether an agricultural operation is a CAO, ''land suitable for the application of manure'' is considered to be land [in] under the management control of the operator, that meets the following criteria:
(A) The land is cropland, hayland or pastureland that is an integral part of the agricultural operation, as demonstrated by title, rental or lease agreements, crop records or information on a form provided by the Commission.
* * * * * (ii) The term ''land suitable for application of manure'' does not include farmstead acres or forestland.
* * * * *
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