[27 Pa.B. 3161]
[Continued from previous Web Page] § 83.202. Scope.
This subchapter specifies minimum criteria and requirements for:
(1) Nutrient management plans required under the act for CAOs.
(2) Voluntary nutrient management plans developed on other agricultural operations and submitted to the Commission or delegated conservation district for approval under the act.
(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 and operation of animal manure storage facilities constructed and existing facilities expanded or repaired as part of a plan developed under the act.
(6) Manure handling in emergency situations when there is an outbreak of a contagious disease that poses a threat to animal or human health.
(7) The awarding of financial assistance under the act for the implementation of plans for existing agricultural operations.
(8) The awarding of incentives for the development of plans under the Plan Development Incentives Program in §§ 83.211--83.216.
§ 83.203. Purpose.
The purposes of this subchapter are to:
(1) Assure the proper utilization and management of nutrients on CAOs.
(2) Encourage the proper utilization and management of nutrients on other agricultural operations.
(3) Protect the quality of surface water and groundwater.
§ 83.204. Applicability of requirements.
(a) CAOs required to plan under the act shall refer to 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 Nonpoint Source Pollution Abatement Program, shall refer to the following sections for applicable requirements: §§ 83.261, 83.271, 83.272 and 83.391--83.491.
§ 83.205. Preemption of local ordinances.
(a) The act and this subchapter are of Statewide concern and occupy the whole field of regulation regarding nutrient management to the exclusion of all local regulations.
(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 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 and no more stringent than the requirements of the act and this subchapter.
(d) No penalty will be assessed under any valid local ordinance or regulation for any violation for which a penalty has been assessed under the act or this subchapter.
§ 83.206. Limitation of liability.
If an operator is fully and properly implementing a plan approved by a delegated county conservation district or the Commission and maintained under the act and this subchapter, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the management or utilization of nutrients under the implementation.
§ 83.207. Compliance assistance and enforcement.
(a) The Department of Agriculture will assist the Commission in developing programs to assist those engaged in production agriculture to comply with the act and this subchapter.
(b) The Department of Agriculture will act as an ombudsman to help resolve issues related to county conservation district implementation of the act and this subchapter for those conservation districts delegated nutrient management program responsibilities under § 83.241 (relating to delegation to local agencies).
(c) The Commission will be responsible for taking enforcement actions under the act and this subchapter. In the exercise of its enforcement authority, the Commission will be assisted by the staff of the Department for actions resulting in violations of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and will be assisted by the Department of Agriculture for all other violations.
PLAN DEVELOPMENT INCENTIVES PROGRAM § 83.211. Applicant eligibility.
(a) In addition to seeking financial assistance for the implementation of a plan under §§ 83.221--83.233 (relating to financial assistance), the operator of a CAO or other agricultural operation planning under the act, may apply for funding under the Plan Development Incentives Program for the development of a plan.
(b) Only agricultural operations that were producing livestock or poultry as of October 1, 1997, 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.
§ 83.212. Application procedure.
(a) An application for funding from the Plan Development Incentives Program shall be made on forms developed by the Commission and shall be addressed to the Commission or delegated conservation district.
(b) An application received by the Commission or delegated conservation district will be reviewed for completeness, eligibility and the appropriate level of funding.
(c) If the application is determined to be incomplete, the Commission, or delegated conservation district, will provide the applicant with a written explanation of the reason for the determination, and request the additional information needed to complete the application process.
(d) The Commission or delegated conservation district will approve or disapprove each application submitted. Within 45 days of receipt of the required information, applicants will be notified in writing of actions taken on their applications and their rights to appeal the actions.
(e) If the approval of applications for funding from the Plan Development Incentives Program is delegated to a county conservation district under § 83.241 (relating to delegation to local agencies), actions of conservation districts shall be deemed actions of the Commission unless an applicant aggrieved by an action of a conservation district seeks Commission review of the action within 30 days from actual or constructive notice of the action.
(f) The applicant may appeal a decision of the Commission to the EHB as provided for in section 15 of the act (3 P. S. § 1715).
§ 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 distribution of funding shall be provided to the extent funds are available based on the following prioritization:
(1) CAOs coming into existence after October 1, 1997, due to loss of rented acres.
(2) Non-CAOs volunteering to comply with the act.
(3) CAOs in existence before October 1, 1997.
(4) Other CAOs coming into existence after October 1, 1997.
§ 83.214. Eligible costs.
(a) Eligible costs considered by the Commission are those fees incurred for the development of the plan.
(b) Only those soil and manure test costs included in the service fee charged for plan development are eligible for reimbursement.
§ 83.215. Funding limitations.
(a) The Commission will limit individual awards in the amounts it deems appropriate for the particular classification of operation.
(b) Funding under this program will be limited to a one-time reimbursement payment for plan development costs incurred after the operator's application has been approved.
(c) Funding under this program will not be available for planning efforts initiated prior to approval of the request for participation in the program.
§ 83.216. Implementation and reporting.
(a) The Commission will develop implementation and reporting documents defining the terms and conditions under which funding under this program will be provided and other documents determined to be necessary by the Commission.
(b) Only plans meeting the requirements of this subchapter will be eligible for reimbursement under this program.
(c) The applicant shall maintain financial records for 3 years to substantiate reimbursement expenditures covered by this program.
FINANCIAL ASSISTANCE § 83.221. Applicant eligibility.
(a) An owner or operator of an 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) 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.
§ 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, 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.
§ 83.223. Financial assistance eligibility criteria.
(a) The Commission will consider the following criteria in reviewing applications for financial assistance:
(1) Whether the project will improve the health, safety or environment of the people of this Commonwealth and otherwise satisfy the purposes of the act and this subchapter.
(2) The long-term financial or operational viability, or both, of the agricultural operation.
(3) The cost effectiveness of the proposed BMPs in comparison with other alternatives.
(4) The applicant's ability to operate and maintain the BMPs in a proper manner.
(b) Only those BMPs listed in an approved plan or plan amendment are eligible to receive funding under the plan implementation category of the Financial Assistance Program.
§ 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.
(2) CAOs coming into existence after October 1, 1997, due to loss of rented acres.
(3) Non-CAOs with critical BMPs.
(4) Other agricultural operations.
§ 83.225. Application procedure.
(a) An application for financial assistance shall be made on forms approved by the Commission and shall be addressed to the Commission or a delegated agent.
(b) An application received by the Commission or delegated agent will be reviewed for completeness and eligibility. An application shall include a summary of the approved plan which identifies the proposed BMPs for which financial assistance is being requested.
(c) If the application is determined to be incomplete, the Commission or a delegated agent will provide the applicant with a written explanation of the reasons for the determination, and request the additional information needed to complete the application process.
(d) The Commission will approve or deny each application submitted. Within 45 days of receipt of all required information, applicants will be notified in writing of actions taken on their applications and their right to appeal the actions.
(e) The applicant may appeal a decision of the Commission to the EHB as provided for in section 15 of the act (3 P. S. § 1715).
§ 83.226. Eligible costs for the implementation of an approved plan.
(a) Eligible project costs considered by the Commission shall be the costs necessary to implement the plan and may include the following:
(1) Project design and engineering including plans, specifications, cost estimates, certifications and surveys.
(2) Costs associated with obtaining the financial assistance and may include loan origination or loan application fees, or both, title fees and filing fees.
(3) Project construction, including labor, materials, machinery, equipment and site preparation associated with the project.
(4) Other costs the Commission has determined to be necessary.
(b) Funds encumbered or advanced for the project which are not used for eligible costs in the project shall be returned to the fund or account from which they originated for reallocation and use in the implementation of other plans.
§ 83.227. Loans.
(a) The Commission will issue loans and set applicable terms and conditions it deems appropriate. The Commission may consider factors it deems relevant, including the following:
(1) Current market interest rates.
(2) The financial ability of the applicant to repay.
(3) The necessity to maintain the fund in a financially sound manner.
(b) Loans may be based on the ability to repay from future revenue to be derived from the applicant's agricultural operation. Loans may be secured by a mortgage or the security interest, or both, or by any other fiscal manner which the Commission deems appropriate. The minimum rate of interest to be paid on any loan made is 1%.
(c) The term of loans may not exceed 10 years from the day the loan agreements are executed.
(d) The Commission may defer the initiation of the repayment of principal up to 12 months from the date the loan agreements are executed. The borrower may begin principal and interest payments sooner than required, if the borrower so desires.
§ 83.228. Loan guarantees.
The Commission may make loan guarantees if the Commission determines that it is an appropriate method to accomplish the purposes of the act or this subchapter.
§ 83.229. Grants.
(a) A grant will be considered when funds have been made available to the Commission and the Commission determines that the financial condition of the recipient is such that the repayment of a loan is unlikely and that the recipient will be financially distressed by the implementation of BMPs without a grant.
(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 eligible for grants under the Nutrient Management Financial Assistance Program up to the grant limit established by the Commission in grants from combined sources of the Chesapeake Bay Program and the Nutrient Management Financial Assistance Program.
(c) A grant will be made subject to the terms and conditions the Commission establishes.
§ 83.230. Grants and loans.
The Commission will, when it deems it appropriate and to the extent financial circumstances permit, mix grant funds with loan funds.
§ 83.231. Funding limitations.
(a) Total funding limits. Total assistance provided under loans, grants and loan guarantees for the implementation of a single plan may not exceed those funding limits established by the Commission.
(b) Partial funding. The Commission reserves the right to provide funding for only a portion of the total costs of the project or only a portion of the amount requested in a financial assistance application.
(c) Least cost alternative. Financial assistance provided may not exceed that amount necessary for the least-cost alternative for each BMP included.
(d) Limitation.
(1) No financial assistance will be made available that might jeopardize or compromise the fund.
(2) Financial assistance will not be available for refinancing.
(3) Financial assistance will not be available for BMPs if construction is initiated prior to submission of an application for financial assistance, unless a letter of no prejudice has been issued by the Commission as provided in subsection (e).
(e) Letters of no prejudice. Exceptions to the general prohibition against initiation of construction prior to consideration by the Commission may be made when plan implementation is required to proceed before an application for financial assistance can be submitted to the Commission. 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 benefitting a future application.
§ 83.232. Implementation and reporting.
(a) The Commission will develop financial assistance documents which will define the terms and conditions under which the financial assistance is offered and specify other documents determined to be necessary by the Commission.
(b) Unless otherwise approved by the Commission, the applicant shall begin construction of the project, in accordance with its application within 6 months after approval by the Commission. If the applicant does not begin implementation within the specified time period and continue work without unreasonable interruption, the financial assistance may be withdrawn by the Commission.
(c) Design and construction of BMPs shall conform to the standards found in the Pennsylvania Technical Guide. The applicant may not significantly deviate from the scope, design or time schedule for a project unless prior written approval is given by the Commission or delegated agent. The term ''scope,'' as used in this subsection, means the extent of project activities determined by the Commission to be eligible for financial assistance.
(1) A request for significant changes in scope shall be submitted in writing to the Commission for approval. When changes in scope require a plan amendment under the criteria of § 83.371 or § 83.481 (relating to plan amendments), the applicant shall provide a copy of the approved plan amendment.
(2) Funding eligibility for a change in scope will be based on the criteria described in § 83.223 (relating to financial assistance eligibility criteria). Consent of the Commission to a change in scope will not be deemed to increase the amount of financial assistance provided without the express approval of the Commission. Funding for changes in the scope of an assistance project will be approved only in the following circumstances:
(i) The change in scope is a result of new or revised requirements, Federal legislation, or a Federal regulation thereunder, State legislation or State regulation thereunder, the act, this subchapter, The Clean Streams Law (35 P. S. §§ 691.1--691.1001) or regulations thereunder.
(ii) The change in scope is necessary to protect the structural or process integrity of the facilities.
(iii) Adverse conditions are identified during the construction of the facilities which could not have been foreseen by the design engineer prior to encountering the condition.
(iv) The change is necessary to relieve emergency conditions occurring during construction of the facilities.
(d) A request for a disbursal of financial assistance shall be on forms approved by the Commission, shall include a statement certifying the project was completed as planned, and shall be submitted on a schedule approved by the Commission.
(e) The applicant shall maintain project progress and financial records to substantiate expenditures, as well as plan implementation records as outlined in §§ 83.341--83.344 for CAOs or §§ 83.451--83.453 for volunteers.
(f) If the applicant fails to comply with this section, the Commission may withdraw the remaining funds allocated to the project, as well as take other action which it is legally entitled to take.
§ 83.233. Delegation of financial assistance.
(a) Under section 4(3) of the Conservation District Law (3 P. S. § 852(3)) and subject to this section, the Commission may by written agreement delegate to one or more agents the administration of the financial assistance provisions of this subchapter in §§ 83.221--83.232. The Commission will retain final approval authority for all applications for financial assistance.
(b) To the extent delegated by the agreement, the delegations may include the authority to review and make recommendations to the Commission on applications for financial assistance under the act and this subchapter and to exercise other powers and duties otherwise vested in the Commission to administer the Financial Assistance Program. The Commission will retain final approval authority for all applications for financial assistance received by a delegated agent.
(c) A delegation agreement shall:
(1) Specify the powers and duties to be performed by the delegated agents.
(2) Provide for the commitment of sufficiently trained staff and resources to perform the process and duties to be delegated.
(3) Require the delegated agent to maintain records of activities under the delegation.
(4) Provide for the monitoring and supervision by the Commission of performance by the delegated agents of the functions delegated under the agreement.
(d) When the Commission delegates one or more of its powers and duties to an agent, the Commission will retain the concurrent power to administer the financial assistance provisions of this subchapter.
DELEGATION TO LOCAL AGENCIES § 83.241. Delegation to local agencies.
(a) Under section 4(8) of the act (3 P. S. § 1704(8)) and subject to this section, the Commission may by written agreement delegate to a conservation district one or more of its administrative or enforcement authorities under the act.
(b) The delegation of administrative or enforcement authority may be made to a conservation district when the district demonstrates it has or will have an adequate program and sufficient resources to accept and implement the delegation.
(c) To the extent delegated by the agreement, the delegations may include the authority to enforce the act and this subchapter and to exercise other powers and duties otherwise vested in the Commission to implement the act.
(d) A delegation agreement shall:
(1) Specify the powers and duties to be performed by the delegated district.
(2) Provide for the commitment of sufficient trained staff and resources to perform the powers and duties to be delegated.
(3) Require the delegated conservation district to maintain records of activities performed under the delegation.
(4) Provide for the monitoring and supervision by the Commission of performance by the delegated conservation district of the functions delegated under the agreement.
(e) When the Commission delegates one or more of its powers and duties to a delegated conservation district, the Commission will retain the concurrent power to administer and enforce the act and this subchapter.
COMPLIANCE PLANS § 83.251. Compliance plans.
An agricultural operation found to be in violation of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) may be required to submit a plan that meets the requirements of the act and §§ 83.261--83.381 within 3 months or notification thereof and shall be implemented in accordance with the schedule as approved.
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.
(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.
(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.
(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.
(e) 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 that the plans are in accordance with the act and this subchapter.
§ 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 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. Nonstandard weights may be used in place of those in Table A, if there is sufficient documentation to support the use of the nonstandard weights. For those animal types not included in Table A, 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 the total weight reached in subparagraph (i) by the number of production days per year, then divide by 365 days.
(iii) Divide the number reached in subparagraph (ii) by 1,000 to equal the number of AEUs for each type of animal.
(iv) Total the number of AEUs for each type of animal to equal the total number of AEUs on the agricultural operation.
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 Days 2.3 (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 Cow 1,100 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, Mature 1,000 Draft Breeds, Mature 1,700 (2) 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 the sole purpose of determining whether an agricultural operation is a CAO, is land in 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 agreements, crop records or form provided by the Commission.
(B) The land is or will be used for the application of manure generated by the agricultural operation.
(ii) The term ''land suitable'' does not include farmstead areas or forest land.
(b) Example of AEU per acre calculation. An operation has an average number of 10,000 medium broilers on a typical production day with an average weight during production of 2.3 pounds. During the year there are six flocks with a production period of 43 days per flock. This amounts to 258 production days per year. During the remaining down time, no manure is produced. The farmstead is 2 acres. There are 3 acres of woodlands and 7 acres of cropland. The following is the AEU per acre calculation for this operation:
Step 1. 10,000 med. broilers × 2.3 lb. avg. wt. = 23,000 lb. total weight
Step 2. 23,000 lb. total weight × 258 production days per year divided by 365 days = 16,257 lbs.
Step 3. 16,257 lbs. divided by 1,000 lbs. per AEU = 16.25 AEUs
Step 4. Total number of AEUs on the agricultural operation is 16.25
Step 5. 16.25 AEUs divided by 7 acres of land suitable = 2.3 AEUs per acre
CONTENT REQUIREMENTS FOR ALL PLANS § 83.271. Scope of plan.
Plans developed under the act shall comply with the act and this subchapter.
§ 83.272. Content of plans.
(a) Plans developed for CAOs shall, at a minimum, comply with §§ 83.261 and 83.271--83.331.
(b) A plan 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 shall, at a minimum, comply with §§ 83.261, 83.271, 83.272 and 83.391--38.441.
(c) A plan shall be organized to correspond to the appropriate sections described in subsections (a) and (b). A plan shall have a separate section for each of these sections. The operator shall be consulted during the preparation of all sections of 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, developed for the operation, unless otherwise justified in writing by the planner to the Commission or delegated conservation district.
PLAN SUMMARY INFORMATION FOR CAO PLANS § 83.281. Identification of agricultural operations and acreage.
(a) The plan shall include an agricultural operation identification sheet which shall include 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 any 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 § 83.294(5) (relating to nutrient application procedures).
§ 83.282. 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 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 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 the 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 is 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 the Pennsylvania Agronomy Guide. 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.
(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, 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.
(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 be based on these records.
(1) 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 delegated conservation district.
(2) 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.
(c) The plan shall include a determination of the amount of nutrients necessary for realistic expected crop yields.
(d) 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.
§ 83.293. 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 rate 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.
§ 83.294. 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 § 83.293(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 Mid West 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 satured.
(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 CAO PLANS § 83.301. Excess manure utilization plans for CAOs.
(a) When manure will be exported to known landowners or operators for agricultural land application, the plan shall list:
(1) The name and general location of the proposed importing agricultural operation.
(2) The estimated number of acres available for spreading manure at each importing agricultural operation.
(3) The estimated amount of manure to be exported annually to known landowners or operators for agricultural land application.
(4) The estimated amount of manure that could be exported to each agricultural operation.
(5) The intended season for the manure transfer.
(b) When manure will be transported through a manure broker, the plan shall list:
(1) The broker's name.
(2) The estimated amount of manure the exporting agricultural operation will transfer through the broker annually.
(3) The intended season for the manure transfer.
(c) When manure will be transferred to a known importer for use other than agricultural land application, the plan shall include the following information:
(1) The name and general location of the importing agricultural operation.
(2) A brief description of the planned use of the imported manure.
(3) The estimated amount of manure the operator plans to transfer to the importer annually.
(4) The intended season for the manure transfer.
(d) Where 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 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 manure is to be marketed from an existing agricultural operation using an open advertising system and the importers cannot be identified at planning time, the plan shall describe the proposed marketing scheme, including the estimated amount of manure expected to be marketed annually using an open advertising system.
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