[34 Pa.B. 4361]
[Continued from previous Web Page]
CONTENT REQUIREMENTS FOR ALL PLANS § 83.272. Content of plans.
(a) Plans developed for CAOs or other agricultural operations required by the Commission or the Department to plan under the act shall[, at a minimum,] comply with §§ 83.261 and 83.271--83.331.
(b) [A plan] Plans developed for [an agricultural operation under the act either voluntarily, or as a condition of receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program ] VAOs shall[, at a minimum,] comply with this section and §§ 83.261, 83.271 and 83.391--[38]83.441.
(c) A plan shall be organized to [correspond to the appropriate sections described] contain individual sections as referred to in subsections (a) and (b) as applicable. [A plan shall have a separate section for each of these sections.] The operator shall be [consulted during the preparation of all sections of] involved in the development of each section [of] included in the plan.
(d) The BMPs listed in the plan shall be consistent with the management practices listed in other relevant plans, such as [a conservation plan,] the Conservation Plan developed for the operation, unless otherwise [justified in writing by the planner to] approved by the Commission or delegated conservation district.
PLAN SUMMARY INFORMATION FOR CAO PLANS § 83.281. Identification of agricultural operations and acreage.
(a) Agricultural operation identification sheet. The plan shall include an agricultural operation identification sheet which shall include the following information:
(1) The operator name, address and telephone number.
(2) A brief description of the operation including:
(i) Animal types included on the operation.
(ii) General scope of the operation (general acreage of the cropland, hayland and pastures, and farmstead acres, and animal numbers for the various types of animals on the operation).
(iii) The crop rotation planned to be used on the operation.
(iv) The dimensions and capacity of any existing manure storage facilities on the operation.
(v) The capacity and practical application rates of manure application equipment that will be used on the operation, as applicable.
(3) The signature of the operator, which meets the signature requirements of the Commission, indicating the operator's concurrence with the practices outlined in the plan.
[(3)] (4) * * *
[(4)] (5) The watersheds [of] in which the land included in the plan is located. The existence of any special protection waters, as identified in [§ 93.9] Chapter 93 (relating to [designated water uses and water quality criteria] water quality standards), shall also be noted.
[(5)] (6) The total acreage of the agricultural operation included in the plan. This acreage shall include:
(i) Lands located at or adjacent to the animal production facility, which are owned by the operator of the facility.
(ii) Other owned, rented or leased lands, under the management control of the operator of the facility, that are used for the application, treatment or storage of manure generated at the facility.
[(6)] (7) The total acreage of land of the agricultural operation on which nutrients shall be applied. The total acreage shall be separated into acres of owned land and acres of rented or leased land.
[(7)] (8) * * *
[(8)] (9) The name [and], nutrient management certification program identification number[,] and signature of the nutrient management specialist that prepared the plan, the date of plan preparation and the date of revisions, if any.
(b) Maps and aerial photographs. The plan shall include a topographic map drawn to scale identifying the lands included in the agricultural operation, and shall also contain maps or aerial photographs of sufficient scale which clearly identify:
* * * * * (4) The identification of all soil types and slopes on the agricultural operation. An NRCS soil survey map with the soil identification legend [shall] will 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] is restricted under § 83.294[(5)] (f) (relating to nutrient application procedures).
(6) The location of proposed or existing structural BMPs, including manure storage facilities, on the operation.
(7) The location of proposed or existing temporary manure stacking areas or in-field stacking locations.
(c) Phosphorus Index. The plan shall include an appendix containing the completed Phosphorus Index spreadsheet or other similar information summary which shall list the individual source and transport factor values, as appropriate, and the final Phosphorus Index value, for each individual area evaluated on the operation, as required by the Phosphorus Index.
(d) Agreements with importers and brokers. The plan shall include an appendix containing signed exporter/importer and exporter/broker agreements, and nutrient balance sheets and associated maps, for operations where these documents are required under this subchapter.
§ 83.282. Summary of plan.
(a) The plan shall contain a summary that includes:
(1) A [chart] manure summary table listing:
(i) The total amount of manure planned to be generated on the operation annually.
(ii) The total amount of manure planned to be used on the operation annually.
(iii) The total amount of manure planned to be exported from the operation annually.
(2) [Nutrient] A nutrient application [rates by field or crop group] summary documenting the planned nutrient applications for each crop management unit listing:
(i) Acres.
(ii) Expected yield.
(iii) Nutrients applied as starter chemical fertilizer.
(iv) Planned manure application period.
(v) Planned manure application rate and type of manure to be applied.
(vi) Planned manure incorporation time.
(vii) Rate of other organic nutrient sources planned to be applied.
(viii) Other nutrients applied through chemical fertilizer.
(ix) Other comments or notes.
(3) [Procedures] General procedures and provisions for the utilization or proper disposal of excess manure.
(b) [Manure] The summary shall also reference manure management and storage practices, stormwater runoff control practices and other appropriate BMPs necessary to protect the quality of surface water and groundwater [shall be referenced in the summary].
NUTRIENT APPLICATION FOR CAO PLANS § 83.291. Determination of available nutrients.
(a) The plan shall [include the amount of] address each type of nutrient source [used] generated or planned to be used on the agricultural operation, including: manure, [sludges] biosolids, compost, [cover crops,] commercial fertilizers and other [nutrients that will be applied to the agricultural operation] nutrient sources.
(b) The amount and nutrient content of each manure [to be applied] group generated on the agricultural operation shall be [determined] documented in the plan as follows:
(1) [The plan shall include] List the average number of animals [of each animal type] for each manure group, on a typical production day, for the agricultural operation.
(2) [The] List the amount of manure [produced] generated and when it is available for [spreading] land application on the agricultural operation or for other planned uses. If actual manure production records are available for the operation, these records shall be used for determining the manure produced on the operation. If actual records of manure production do not exist for the operation, the amount of manure produced shall be calculated based on the average number of [AEUs] animal units 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 the manure, shall be included in determining the total volume of manure [to be applied] generated. The plan shall include the calculations or variables used for determining the amount of manure produced on the operation.
(3) Test the nutrient content of manure as follows:
(i) Analytical manure testing results shall be used in the development of the plan. These manure tests shall include an analysis of the percent solids, total nitrogen (as N), ammonium nitrogen (as NH4-N), total phosphate (as P2O5), and total potash (as K2O), for each manure group generated on the operation, and these analytical results shall be recorded in the plan. [For the preparation of the plan and plan amendments, it is recommended that the nutrient content of the manure be determined by] These manure analyses shall be performed using accepted manure sampling and chemical analysis methods as [outlined in the Manure Management Manual, or the Pennsylvania Agronomy Guide] specified by the Commission.
(ii) [When sampling and analysis is not done, the nutrient management specialist] For newly proposed operations, and for manure groups on existing operations where sampling and analysis are not possible prior to initial plan development, the plan shall use either 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[.], or analytical results from a similar facility using a like management scheme, as approved by the Commission or delegated conservation district. The nutrient content of the manure shall be recorded in the plan. Samples and chemical analysis of the manure generated on the operation shall be obtained within 1 year of implementation of the approved plan, and the requirements of § 83.371 (relating to plan amendments) shall be followed as applicable.
(iii) After approval of the initial plan, manure tests are required to be taken annually for each manure group generated on the operation.
(c) The nitrogen available from manure shall be based on the appropriate availability factors such as those contained in the [Manure Management Manual or the] Pennsylvania Agronomy Guide. The plan shall include the amount of nitrogen available in the manure, and the planned manure incorporation time used to determine the nitrogen available[, shall be included in the plan].
* * * * * [(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, are not required to be submitted with the plan, but shall be kept on record at the operation.]
§ 83.292. Determination of nutrients needed for crop production.
(a) The plan shall include the acreage and realistic expected crop yields for each crop [group] management unit.
(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 delegated conservation district. If actual yield records are available during the development of the initial plan, the expected crop yields [may] shall be based on these records.
[(1)] (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] approved by the Commission or delegated conservation district. The amendment shall be submitted as required under §§ 83.361--83.371.
[(2) For] (d) When 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 to the Commission or delegated conservation district for the use of the higher yields [to the Commission or delegated conservation district].
(e) When developing the initial plan, soil tests shall be required for each crop management unit on the operation, to determine the level of phosphorus (as P), potassium (as K), and soil pH, as follows:
(1) Use those procedures recommended by Penn State and published in Recommended Soil Testing Procedures for the Northeastern United States, Bulletin # 493, published by the University of Delaware, or other Commission-approved procedures.
(2) Soil tests conducted within the previous 3 years prior to submitting the initial plan are acceptable.
(3) After the approval of the initial plan, soil tests are required for each crop management unit at least every 3 years from the date of the last test.
(4) The plan shall include soil test results for phosphorus (as P) in parts-per-million (ppm) as a component of the Phosphorus Index analysis for each crop management unit. Other soil test results are not required to be submitted with the plan, but shall be kept on record at the operation.
[(c)] (f) The plan shall include [a determination of] recommendations based on current soil tests for the amount of [nutrients] nitrogen (as total N) and phosphorus (as P2O5) necessary for achieving realistic expected crop yields.
[(d)] (g) The [Pennsylvania Agronomy Guide or Manure Management Manual may] procedures in the Soil Test Recommendations Handbook For Agronomic Crops, Penn State Agricultural Analytical Services Laboratory, shall be used when necessary to [assist in determining] determine or adjust the recommended amount of nutrients necessary [for achieving] to achieve realistic expected crop yields. Other methodologies for this adjustment may be used as approved by the Commission.
§ 83.293. Determination of nutrient application rates.
(a) [Nitrogen] Manure and other nutrient sources shall be applied [only in the amounts] so as not to exceed the amount of nitrogen necessary to achieve realistic expected crop yields or at a rate not exceeding [what] the amount of nitrogen the crop will utilize for an individual crop year.
(b) In addition to the nitrogen limitations described in subsection (a), applications of manure and other nutrient sources shall also be limited as determined by the Phosphorus Index, as follows:
(i) Apply the Phosphorus Index on all areas of the agricultural operation where nutrients will be applied.
(ii) Implement the resulting management actions as provided through the Phosphorus Index on each crop management unit.
(c) The planned manure application rate shall be recorded in the plan. The planned manure application rate [may] shall be the lesser of any rate equal to or less than the balanced manure application rate based on nitrogen or the rate as determined by the Phosphorus Index.
(i) 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 under § 83.291 (relating to determination of available nutrients).
(ii) The calculation or variables used for determining the balanced rates shall be recorded in the plan.
[(c)] (d) The plan shall include calculations for each crop management unit indicating the difference between the [recommended nitrogen] amount of nitrogen and phosphorus necessary for realistic expected crop yields under § 83.292 (relating to determination of nutrients needed for crop production) and the nitrogen and phosphorus applied through all planned nutrient sources, including, but not limited to, manure, [sludge] biosolids, starter fertilizer and other fertilizers, and residual nitrogen. [A deficit may be made up with supplemental nitrogen applications.] A nitrogen availability test may also be used to determine supplemental nitrogen needs.
§ 83.294. Nutrient application procedures.
[The plan shall include nutrient application procedures that meet the following criteria:
(1)] (a) 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)] (b) * * *
[(3) Application] (c) Manure application rates and procedures shall be consistent with the capabilities, including capacity and calibration range, of available application equipment. For existing operations and any operation using a commercial manure applicator, the plan shall include the capacity and practical application rates, based on calibration of the existing equipment. For proposed operations not using a commercial custom manure applicator, or where this calibration is not feasible at planning time, the operator shall perform this application equipment calibration analysis prior to the first application of manure, or within 1 year of the facility beginning operation, whichever is sooner, and this information shall be included in any necessary amendments to the plan.
[(4)] (d) If manure will be applied using an irrigation system, the following applies:
(1) Application rates for irrigated liquid manure [irrigation] shall be based on the lesser of [either the nutrient plan] the following:
(i) The planned application rates in gallons per acre determined in accordance with § 83.293[(a) and (b)] (c) (relating to determination of nutrient application rates)[, or the rates].
(ii) The combination of the following:
(A) The liquid application rate in inches per hour determined to be within infiltration capabilities of the soil [such as those contained in the NRCS Pennsylvania Irrigation Guide or the Mid West Plan Service, Livestock Waste Facilities Handbook].
(B) The liquid application depth in inches not to exceed the soil's water holding capacity within the root zone or any restricting feature at the time of application.
(2) The liquid application rate and application depth shall be consistent with the current versions of Penn State Fact Sheets F254 through F257 as applicable to the type of irrigation system planned to be used on the operation, and the NRAES-89 Liquid Manure Application System Design Manual.
(e) If liquid or semisolid manure is planned to be applied at rates greater than 9,000 gallons per acre at any one application time, the rates and amounts shall be limited based on the infiltration rate and water holding capacity of the application areas as described in subsection (c). In these instances, the plan shall include the computations for the infiltration rates and water holding capacity of the various application areas, and these applications shall not be allowed to exceed either the determined infiltration rate or the water holding capacity of the application sites.
[(5)] (f) Manure may not be applied in the following situations:
* * * * * (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 inactive open drinking water well, where surface water flow is toward the water well, unless the manure is mechanically incorporated within 24 hours of application.
[(iii)] (iv) * * *
[(iv)] (v) * * *
[(v)] (vi) * * *
[(vi)] (vii) 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] if surface water flow is toward the identified area, [when] and if soil is frozen, snow covered or saturated.
[(vii)] (viii) 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] if surface water flow is toward the [identified area and where] surface water or conveyance, if the slope is greater than 8% as measured within the 200 feet, [during times when] and if the soil is frozen, snow covered or saturated.
(ix) On crop management units having less than 25% plant cover or crop residue at the time of manure application, unless:
(A) For fall applications, the crop management unit is planted to a cover crop in time to allow for appropriate growth (according to standards contained in the Pennsylvania Technical Guide).
(B) For applications in the spring or summer, the crop management unit is planted to a crop that growing season.
(C) For winter applications, the crop management unit is addressed under subsection (g).
(D) Other practices are implemented to protect surface water and groundwater, which are approved by the Commission and are consistent with the operator's Erosion and Sediment Control Plan.
[(6)] (g) If winter [spreading] application of manure is [anticipated] planned, 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.] The plan shall list all crop management units where winter application is anticipated or restricted, planned ground cover on the application sites, and what procedures shall be utilized for each crop management unit to protect the quality of surface water and groundwater.
(h) In-field stacking of dry manure as a part of manure application is permissible if the manure is land applied on the crop management unit prior to the beginning of the next growing season. If stacking occurs for a longer period, the stack area shall meet Pennsylvania Technical Guide standards for a waste stacking and handling pad. All in-field stacking areas shall be located, and stacks shall be shaped, to minimize water absorption and impacts from runoff in accordance with the criteria approved by the Commission.
(i) If a commercial manure applicator will be used for the application of the manure on the agricultural operation, the commercial applicator shall meet the requirements of § 83.301(a)(5) (relating to excess manure utilization plans for CAOs).
ALTERNATIVE USES FOR EXCESS MANURE FOR CAO PLANS § 83.301. Excess manure utilization plans for CAOs.
(a) [When] If manure will be exported [to] for use off the CAO at known [landowners or operators] agricultural operations for agricultural land application, the [plan shall list] following apply:
(1) [The name and general location of the proposed importing agricultural operation.] The plan shall include signed agreements, on a form acceptable to the Commission, between the CAO and each importing operator agreeing to accept the manure from the exporting operation. If the importing operator will be applying manure on lands rented or leased to that importing operator, the agreement shall state that the importing operator has the authority to apply manure on the leased or rented lands.
(2) [The estimated number of acres available for spreading manure at each importing agricultural operation.] The importing operator is responsible for the proper handling and application of the imported manure accepted from an exporter, in accordance with the relevant nutrient balance sheet or the importer's nutrient management plan.
(3) [The estimated amount of manure to be exported annually to known landowners or operators for agricultural land application.] A CAO exporting manure shall also be responsible for the handling and application of the manure if the CAO, or an employee or contractor of the CAO, applies manure at the importing operation.
(4) [The estimated amount of manure that could be exported to each agricultural operation.] The plan shall include copies of nutrient balance sheets applicable to each crop management unit where the exported manure will be applied. These nutrient balance sheets for importing operations shall include a map identifying the areas where the imported manure will be applied and applicable manure application setbacks relevant to the site, including those identified in § 83.294 (relating to nutrient application procedures). Nutrient management plans implemented at the importing operations may be used to meet this requirement if they are attached to the plan.
(5) [The intended season of the manure transfer.] If the CAO will utilize a commercial manure hauler/applicator for the hauling or application of the exported manure, the plan shall list the name of the commercial hauler/applicator that will be used. Only those haulers/applicators that meet the following qualifications shall be acceptable in the plan.
(i) Demonstrates knowledge of regulatory requirements related to transport and application of manure, as applicable, through completion of training, testing, experience or other means acceptable to the Commission.
(ii) Has maintained a record of substantial compliance with regulatory requirements to ensure proper handling and application of manure, including this subchapter, as determined by the Commission.
(iii) Agrees to maintain records documenting compliance with this subchapter.
(iv) Meets any other requirements determined by the Commission to ensure the proper hauling and application of manure.
(6) The Commission may consider the requirements of paragraph (5) to be satisfied if the hauler or applicator is certified under either a certification program approved by the Commission or as required by statute.
(b) [When] If manure will be [transported] exported for use off of the CAO through a manure broker, the [plan shall list] following apply:
(1) [The broker's name] The plan shall include a signed agreement, on a form acceptable by the Commission, between the CAO exporting the manure and each broker agreeing to accept manure from the exporting operation. Brokers are responsible for the proper handling and storage (where applicable) of the manure accepted from the CAO. Only brokers that meet the following requirements shall be acceptable in the plan.
(i) Demonstrates knowledge of regulatory requirements related to transport and application of manure through completion of training, testing, experience or other means acceptable to the Commission.
(ii) Has maintained a record of substantial compliance with regulatory requirements, including this subchapter, as determined by the Commission.
(iii) Agrees to maintain records documenting compliance with this subchapter.
(iv) Meets any other requirements determined by the Commission to ensure the proper hauling and application of manure.
(2) [The estimated amount of manure the exporting agricultural operation will transfer through the broker annually.] The Commission may consider the requirements of paragraph (1) to be satisfied if the broker is certified under a certification program approved by the Commission or when required by statute.
(3) [The intended season for the manure transfer.] If the manure accepted by a broker will be applied to agricultural operations for crop production, the broker shall be responsible for the development of nutrient balance sheets for all crop management units where the manure will be applied. The nutrient balance sheets shall be retained by the broker and provided by the broker to the importing operation, for retention on the importing operation. Instead of developing nutrient balance sheets, the broker can ensure that an approved nutrient management plan exists for the importing sites.
(c) [When] If manure will be [transferred] exported for use off of the CAO to a known importer for use other than agricultural land application, the plan shall include the following information:
* * * * * (2) A brief description of the planned use [of] for the imported manure.
(3) The [estimated] amount of manure the operator plans to [transfer] export to the importer annually.
(4) The [intended] planned season for the manure [transfer] export.
(5) A signed agreement between the CAO and each importing operation agreeing to accept the manure for this use, on a form acceptable by the Commission.
(d) [Where] If manure is to be processed or utilized on the CAO in a manner other than for agricultural land application, the plan shall briefly describe the planned use of the manure, including the [estimated] amount [expected] planned to be processed or utilized annually.
[(e) Plans for CAOs that come into existence after October 1, 1997, or agricultural operations newly classified as CAOs due to expansion after October 1, 1997, shall provide for the utilization of excess manure by meeting one of the following:
(1) Demonstrate agricultural land is available for application by providing the information as in subsection (a).
(2) Include written agreements with importers or brokers and follow subsection (b) or (c).
(3) If manure is to be used on the agricultural operation for purposes other than for land application, describe how the manure is to be processed or utilized as in subsection (d).
(f) Agricultural operations newly classified as CAOs due to the loss of land available for manure application, may use any of the manure utilization options described in this section.
(g) When] (e) If manure is to be [marketed from an existing agricultural operation] exported for use off of a CAO existing on October 1, 1997, by using an open advertising system and the importers cannot be identified at planning time, the following apply:
(1) The plan shall describe the proposed marketing scheme, including the estimated amount of manure [expected] planned to be marketed annually using an open advertising system.
(2) An operator may only utilize this method of exporting manure if the operator meets the manure broker requirements of subsection (b).
(3) The exporting CAO shall develop nutrient balance sheets for the importing operations, and provide them to the importing operator. These nutrient balance sheets shall be maintained by the exporting CAO, the importing operation and any manure hauler/applicator involved in the exporting of the manure. Nutrient management plans implemented at the importing operations may be used to meet this requirement if they are attached to the plan.
(f) The plan is not required to provide the specific plan details as provided in subsections (a)--(e) in these circumstances:
(1) If an importer receives less than the following amounts of manure from the CAO on an annual basis: 10 tons of solid poultry manure, 50 tons of solid nonpoultry manure, or 25,000 gallons of liquid manure. In these instances, the plan shall list the name and location of the importing operation, and when and how much manure will be exported to the importing operation, as well as the proposed usage of the imported manure.
(2) If small quantities of manure, not to exceed 2,000 pounds annually, are expected to be marketed to individuals. In these circumstances, the plan shall describe the total amount of manure planned to be marketed in this manner, and the intended use of the manure.
(g) The land application of manure exported from a CAO shall be restricted as follows:
(1) The exported manure may not be applied to land within 150 feet of surface waters, unless otherwise allowed under an approved nutrient management plan meeting the appropriate planning criteria established under this subchapter.
(2) Land application of all exported manure shall also comply with other applicable manure application setbacks under § 83.294 (relating to nutrient application procedures).
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 perform a site visit to 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] from storm events up to and including a 25-year, 24-hour storm intensity. The specialist may confer with NRCS, conservation district staff or others with expertise with nutrient runoff control. This review shall be documented in the plan and shall identify those conditions and areas where nutrients directly discharge, or have the potential to directly discharge, into surface water as a result of a storm event up to and including a 25-year, 24-hour storm intensity, due to inadequate manure management practices. For purposes of this review, direct discharges are any flows of stormwater contaminated with manure to surface waters without prior filtration or other treatment, such as grassed filter strips. Practices to be evaluated in this review include manure handling, collection, barnyard runoff control[,] and 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] or animal concentration areas.
* * * * * (6) Manure storage facilities which otherwise do not comply with § 91.36 (relating to pollution control and prevention at agricultural operations), the Manure Management Manual and the Pennsylvania Technical Guide.
(b) The plan shall address any existing inadequate manure management practices as follows:
(1) As part of a plan certification under § 83.261(g) (relating to general), the nutrient management specialist shall [assure] ensure that the review required under subsection (a) was undertaken in the preparation of the plan.
(2) The plan [will] shall contain [those BMPs that are necessary] a listing of inadequate manure management practices and related conditions and problem areas, and the BMPs planned to correct [identified water contamination sources and] them to protect surface water and groundwater.
(c) [During the implementation of the approved plan, the] The BMPs shall be selected, designed, constructed and maintained to meet the specifications contained in the Manure Management Manual and the Pennsylvania Technical Guide.
(d) 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 and associated Operation and Maintenance Plans to implement the BMPs listed in the approved plan[, and these]. The BMP designs and associated Operation and Maintenance Plans shall be kept on record by the operator as a supplement to the plan.
(e) Animal concentration areas shall be sized, located, implemented and managed to eliminate the direct discharge of polluted stormwater from these areas to surface water and groundwater, as described in the Manure Management Manual and the Pennsylvania Technical Guide, including the following requirements which shall be addressed in the plan:
(1) The size of animal concentration areas shall be minimized.
(2) These areas shall be located as to eliminate the direct discharge of polluted storm water from a storm event of up to and including a 25-year 24-hour storm intensity, except as allowed in paragraph (5).
(3) Accumulated manure on nonvegetated animal concentration areas shall be collected and land-applied to cropland, or exported from the operation, as described in the plan.
(4) These areas will be managed so as to minimize the amount of clean water entering the animal concentration area.
(5) Polluted stormwater from these areas will be managed and properly applied, stored or treated through an appropriate vegetative area or other suitable treatment process, which shall meet the requirements of this subchapter and the Pennsylvania Technical Guide, to eliminate the direct discharge of polluted storm water to surface waters or groundwater.
(6) Animal access to surface water in these areas shall be controlled.
[(c)] (f) The following BMPs [may be], as appropriate, shall be used if necessary, and shall be described in the plan, to protect water quality [and to control water in] by controlling storm water in the farmstead, including the 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. Nutrient management plans that require the construction of a manure storage facility shall describe the planned type, dimensions and capacity of the proposed facility, and the location of the proposed facility shall be identified on a plan map.
(2) [Adequate collection of manure from animal concentration areas for utilization on cropland or for other acceptable uses.] Diversion of clean water from manure storage facilities and animal concentration areas, unless required for proper operation of an integrated nutrient management system.
(3) [Diversion of contaminated runoff within animal concentration areas to a storage, lagoon, collection basin, vegetated filter area, or another suitable site or facility.] Treatment or storage of stormwater contaminated through contact with manure in the manure storage or animal concentration areas.
(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 of concentrated water flow areas and areas where manure application is restricted or prohibited based on § 83.294[(5)] (e) (relating to nutrient application procedures).
[(6)] (5) Other appropriate BMPs acceptable to the Commission, including those described in the Manure Management Manual and the Pennsylvania Technical Guide.
[(d)] (g) * * *
[(e)] (h) * * *
[(f)] (i) 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 Manure Management Manual and the Pennsylvania Technical Guide, as they relate to water quality protection.
(j) If alternative manure technology practices and equipment are planned to address nutrient management issues related to the operation, the rationale for and expected benefit of the planned alternative practices and equipment shall be described in the plan.
§ 83.312. Site specific emergency response plans
(a) CAOs shall develop and implement a written site-specific emergency response plan addressing actions to be taken in the event of a discharge, leak or spill of materials containing manure. A copy of the plan shall be kept onsite at the operation. The emergency response plan shall contain information necessary to meet the notification requirements for reporting discharge, leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § 91.33 (relating to incidents causing or threatening pollution)
(b) In case of a discharge, leak or spill of materials containing manure related to the operation, the operator shall implement the emergency response plan developed for the operation. The operator shall comply with all notification and reporting requirements.
(c) The nutrient management plan shall contain a verification from a certified planner that an adequate written site-specific emergency response plan meeting the requirements of this section exists for the CAO.
(d) It is recommended that the operator provide a copy of the emergency response plan to the local emergency management agency that would assist during a major discharge, leak or spill event.
(e) A BMP-specific contingency plan as required by § 83.351 (relating to the minimum standards for the design, construction, location, operation, maintenance and removal of manure storage facilities shall be included as an addendum to the emergency response plan.
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] stormwater control practices on [fields,] croplands, haylands and pastures included in the plan to prevent surface and groundwater pollution. The specialist may confer with NRCS, conservation district staff or others with expertise with nutrient runoff control. 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)] (b) The plan shall contain a list of specific [runoff] stormwater control BMPs to address those critical runoff problem areas identified in the review required under [paragraph (1)] subsection (a). This list of [runoff] stormwater control BMPs may shall not be in conflict with other relevant plans developed for the operation, such as a current conservation plan, [developed for the operation,] unless otherwise [justified in writing by the planner to] approved by the Commission or delegated conservation district.
[(3)] (c) 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 and associated operation and maintenance plans to implement the BMPs listed in the approved plan, and these BMP designs and associated operation and maintenance plans shall be kept on record by the operator as a supplement to the plan.
[(4)] (d) BMPs listed in the plan to address critical runoff problem areas shall be selected, designed, installed, operated and maintained in accordance with the practices and standards contained in the Manure Management Manual and the Pennsylvania Technical Guide.
[(5) Although an erosion and sedimentation control plan, meeting the requirements of Chapter 102 (relating to erosion and sediment control),] (e) The plan shall include a verification from the specialist developing the plan, indicating that a current Erosion and Sediment Control Plan, meeting the requirements of Chapter 102 (relating to erosion and sediment control), exists for all plowed or tilled croplands included in the plan. A current conservation plan may be used to meet this requirement, as allowed by Chapter 102. The Erosion and Sediment Control Plan is not required to be submitted as part of a nutrient management plan [under the act, meeting]. Compliance with 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] construction activities [such as agricultural plowing and tilling].
[(6)] (f) For areas on land rented [land] or leased by the operator 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:
* * * * * [(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.]
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