[34 Pa.B. 4361]
[Continued from previous Web Page]
[IMPLEMENATION SCHEDULES] IMPLEMENTATION SCHEDULE FOR CAO PLANS
RECORDKEEPING AND INFORMATIONAL REQUIREMENTS FOR CAOs § 83.341. General recordkeeping requirements.
Unless otherwise specified, records required under this subchapter are not required to be submitted to the Commission or delegated conservation district, but shall be retained by the agricultural operation [complying with the act,] for at least 3 years.
§ 83.342. Recordkeeping relating to application of nutrients.
(a) Plans developed for CAOs shall[, at a minimum,] be supported by the information required in this section and §§ 83.343 and 83.344 (relating to alternative manure utilization recordkeeping; and exported manure information packets).
(b) The operator of a CAO shall keep the following accurate records of the land application of nutrients, crop yields and soil tests on the CAO.
(1) Records of soil testing results shall be maintained consistent with § [83.291(e)] 83.292(e) (relating to determination of [available] nutrients needed for crop production). Soil testing is required once every 3 years for each crop management unit.
(2) Records of manure testing results and testing of other nutrient sources shall be maintained consistent with [§]§ 83.291[(b)(3) and 83.343(f)] (relating to determination of available nutrients needed for crop production). Manure testing is required once every year for each manure group.
(3) Land application of nutrients on a CAO shall be documented on an annual basis by recording the following information for each source of nutrients:
* * * * * (ii) The [months] dates of nutrient application.
(iii) The rate of nutrient application for each [field or] crop [group] management unit.
(iv) The number of animals on pasture, the number of days on pasture and the average number of hours per day on pasture.
(4) Approximate annual crop yield levels for each crop [group] management unit shall be recorded.
(5) Annual manure production [calculated consistent with procedures in § 83.291(b)(2) shall be recorded] figures for each manure group.
§ 83.343. Alternative manure utilization record- keeping.
(a) Recordkeeping for manure [transfers] exports. The following recordkeeping requirements apply to manure exported off of the CAO:
(1) A manure [transfer] export sheet shall be used for all manure transfers from CAOs.
(2) The Commission or delegated conservation district [shall] will make copies of the manure [transfer] export sheet forms available to CAOs.
(3) Computer-generated forms other than the manure [transfer] export sheet forms provided by the Commission may be used if they contain the same information as, and are reasonably similar in format to, the forms provided by the Commission.
(4) Recordkeeping related to the application of exported manure shall comply with the following:
(i) The exporter is responsible for the completion of [section 1 of ] the [Manure Transfer Sheet] manure export sheet, providing a copy to the importer and retaining a copy at the exporting operation.
(ii) When the exporter, or person working under the direction of the exporter, such as an employee or a manure hauler/applicator, applies the manure to the land, the exporter is responsible for [completion of section 2 of the Manure Transfer Sheet] maintaining records of the actual application dates, application areas (including the observation of any relevant setback restrictions), application methods, and application rates for the exported manure.
(iii) When the manure is exported through a broker, the exporting CAO is not responsible for obtaining records of actual application information for importing operations, unless the exporting operator manages the application of the manure. The broker shall retain records of the application of all manure (including date, areas, methods and rates applied) and shall provide a copy of these application records to the importing site for their records.
(b) Recordkeeping for alternative manure utilization by means other than manure [transfer] export. Operators shall keep annual records of the amount and use of manure utilized in any manner other than through manure transfers.
[(c) Exporting manure. Those exporters following plans that detail the exporting of manure to known landowners, as in § 83.301(a) (relating to excess manure utilization plans for CAOs), need not submit manure transfer records to the agency approving the plan, but shall retain these records for review by the appropriate agency personnel in accordance with § 83.341 (relating to general recordkeeping requirements). CAOs exporting manure other than to known landowners are required to, within 1 year of approval of the plan, submit to the agency which approved the plan a copy of the manure transfer sheets or the summary of manure transfers of all manure transfers. Manure transfer records shall be maintained by the exporter for 3 years.
(d) Summary of manure transfers. When manure transfer records are required to be submitted to the reviewing authority, the exporter may either submit the manure transfer sheets for all manure transfers or the exporter may summarize the information from these sheets on the annual summary of manure transfers and submit this form only.
(e) Computer generated forms. The summary of manure transfer forms will be provided by the Commission. Computer-generated forms other than the summary of manure transfers provided by the Commission may be used if they contain the same information as, and are reasonably similar in format to, the forms provided by the Commission.
(f) Determination of nutrient content. During the implementation of the plan, operators of CAOs exporting manure will be required to determine the nutrient content of the manure by using accepted manure sampling and chemical analysis methods as outlined in the Manure Management Manual or the Pennsylvania Agronomy Guide.]
§ 83.344. Exported manure informational packets.
(a) [When] If manure is exported from a CAO, the exporter will provide the importer and any relevant manure hauler/applicators or brokers with a completed [Manure Transfer Sheet] manure export sheet.
(b) If the manure is to be land applied, the exporter is required to provide the following information to the importer or broker, as supplied by the Commission or its delegated agent:
(1) [A fact sheet allowing for quick estimation of manure application rates.
(2)] The applicable sections of the Manure Management Manual.
[(3)] (2) * * *
[(4)] (3) * * *
(c) The Commission or its delegated agent will provide the materials in subsection (b) for distribution by the exporter. The exporter is only required to provide those items in subsection (b) that have been made available to the exporter by the Commission or its delegated agent.
(d) The exporter is responsible for providing the informational materials described in subsection (b) only if the importer, hauler/applicator or broker does not already have a current copy of the informational materials.
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES ON CAOs § 83.351. Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities.
(a) The minimum standards contained in this section apply to new manure storage facilities constructed, and existing manure storage facilities expanded, as part of a plan developed for a CAO.
(1) Manure storage facilities shall be designed, constructed, located, operated, maintained, and, [when] if no longer used for the storage of manure, removed from service, [to prevent the pollution of] in a manner that protects surface water and groundwater quality, and prevents the offsite migration of pollution, by meeting the standards contained in the Manure Management Manual and the Pennsylvania Technical Guide, except if these standards conflict with this subchapter.
(2) In addition to complying with paragraph (1), manure storage facilities shall be designed and located in accordance with the following criteria:
(i) Facilities shall comply with the applicable criteria in § 91.36 (relating to pollution control and prevention at agricultural operations).
(ii) Facilities shall comply with the applicable criteria in Chapter 105 (relating to dam safety and waterway management).
[(ii)] (iii) * * *
[(iii)] (iv) * * *
[(iv)] (v) * * *
* * * * * (F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8% or [have] a facility has a capacity of 1.5 million gallons or greater.
(G) Within 200 feet of a property line, [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8%[, where] and if the slope is toward the property line, or [have] a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
[(v)] (vi) * * *
* * * * * (F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8% or a facility [have] has a capacity of 1.5 million gallons or greater.
(G) Within 300 feet of a property line, [where these facilities] if a facility (except permanent stacking and compost facilities) [are] is located on slopes exceeding 8%, [where] and if the slope is toward the property line, or [have] a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 300 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
[(vi)] (vii) The Commission or a delegated conservation district may waive the distance restrictions in subparagraphs [(iv)] (v)(A), (B) and [(E)--(G)] (F), if the following can be demonstrated to the satisfaction of the Commission or a delegated conservation district:
(A) The siting restrictions contained in subparagraph [(iv)] (v) would make the placement economically unreasonable or physically impractical.
* * * * * (viii) Manure storage facilities constructed after October 1, 1997, on CAOs that were in existence prior to October 1, 1997, shall meet the applicable criteria established under this section.
(3) The designer of the manure storage facility [required by] described in the plan shall address the following:
* * * * * (iii) An onsite investigation to evaluate the site suitability for a facility in accordance with the standards in the Manure Management Manual and the Pennsylvania Technical Guide.
(b) The repair of an existing manure storage facility that is part of a plan developed for a CAO shall comply with applicable standards in the Manure Management Manual and the Pennsylvania Technical Guide. The location standards do not apply to these facility repairs.
(c) The site specific design for the construction, expansion or major repair of a liquid or semisolid manure storage facility covered under the act shall be done or approved by an engineer registered in this Commonwealth. The engineer shall certify that the design complies with the applicable design standards described in the Manure Management Manual and the Pennsylvania Technical Guide. At least 2 weeks prior to installation of the facility or the repair, the registered engineer shall submit a verification (including a quality assurance inspection plan for construction) to the Commission or delegated conservation district documenting that the design, meeting the criteria established in the Manure Management Manual and the Pennsylvania Technical Guide, has been completed, and that any applicable setback requirements have been met. The responsible engineer and construction contractor shall certify to the Commission or delegated conservation district that construction of the manure storage facility was completed according to the design and construction standards.
(d) A written site specific contingency plan, developed in accordance with the standards contained in the Pennsylvania Technical Guide, addressing actions to be taken in the event of a manure leak or spill from a manure storage facility covered under the act, shall be developed and kept onsite at the operation. In the case of a leak or spill of manure from a manure storage facility covered under the act, the operator is responsible for implementation of the site specific contingency plan developed for the operation. The contingency plan shall contain information necessary to meet the notification requirements for reporting leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § [101.2(a)] 91.33 (relating to incidents causing or threatening pollution).
* * * * *
PLAN REVIEW AND IMPLEMENTATION FOR CAOs § 83.361. Initial plan review and approval.
* * * * * (b) The Commission or a delegated conservation district shall approve[, modify] or disapprove the plan or plan amendment within 90 days of receipt of a complete plan or plan amendment. The notice of determination to [modify or] disapprove a plan or plan amendment shall be provided in writing to the operator submitting the [same] plan or plan amendment, and shall include an explanation specifically stating the reasons for [modification or] disapproval. The Commission or a delegated conservation district will, within 10 days from the date of receipt of the plan or plan amendment, provide notice to the operator indicating [any missing or incomplete elements of the plan submission] whether all of the required plan elements have been received.
(c) Approvals will be granted only for those plans or plan amendments that satisfy the requirements of [the act and] this subchapter.
* * * * * (e) An agricultural operation that submits a complete plan or plan amendment is authorized to implement the [same] plan or plan amendment if the Commission or a delegated conservation district fails to act within 90 days of submittal, beginning on the date of receipt of the complete plan or plan amendment by the Commission or delegated conservation district. When the Commission or a delegated conservation district fails to act within 90 days of plan submission, and the plan or plan amendment is resubmitted and the delegated conservation district or Commission again fails to act within 90 days of resubmittal, it shall be deemed approved.
§ 83.362. Plan implementation.
(a) A CAO shall fully implement the plan [within] consistent with the implementation schedule included as part of the approved plan. Implementation schedules shall not extend past 3 years of the date the plan is approved or deemed approved, or for which implementation is otherwise authorized under § 83.361(e) (relating to initial plan review and approval), unless the implementation schedule is extended upon approval of the Commission or delegated conservation district. [for cause shown or a plan amendment § 83.371 (relating to plan amendments). The 3-year implementation schedule shall be extended an additional 2 years for individual substantial capital improvements required under an approved plan for an operation required to submit a plan under § 83.261(a) (relating to general) if the following occur:
(1) The owner or operator demonstrates that the cost of all or part of the individual improvements for which the extension is applicable cannot be financed through available funding mechanisms.
(2) A sum of $2 million or more has not been appropriated for grants and loans to the nutrient management fund above any Chesapeake Bay Nonpoint Source Pollution Abatement moneys that may be appropriated to the fund by October 1, 1998.]
(b) [Whatever adjustments are made in the implementation of the approved plan, the nutrient] Nutrient application rates shall be [balanced] developed as described in § 83.293 (relating to determination of nutrient application rates) and shall be implemented upon approval of the plan or plan amendment, as applicable. The [owner,] operator [or specialist] shall review the approved plan at least annually to ensure that this condition is met.
(c) At least every 3 years, the plan shall be reviewed by a commercially or individually certified nutrient management specialist. If the agricultural operation is still consistent with the approved plan and the nutrient content and soil test values used in the plan have not significantly changed, and the accepted reference factors used in the plan have not changed since approval, the specialist shall provide notice of this to the reviewing agency. A plan amendment shall be submitted to the reviewing agency in accordance with § 83.361(a), if the agricultural operation has changed from that described in the approved plan [(see], as required by § 83.371 (relating to plan amendments)[)].
(d) Limited liability protection, as described in § 83.206 (relating to limitation of liability), is afforded to those operators properly implementing an approved plan under this subchapter.
PLAN AMENDMENTS AND TRANSFERS FOR CAOs § 83.371. Plan amendments.
(a) A plan amendment is required [when ] if the operator of a CAO expects to make significant changes in the management of nutrients from those contained in the approved plan. Those significant changes in the management of a nutrient which would require a plan amendment are [as follows] any one of the following:
* * * * * (3) A change in [ the method of ] excess manure utilization [under § 83.301 (relating to excess manure utilization plans for CAOs)] arrangements as described in the approved plan. No amendment is required to address the loss of an importer if the loss does not impair the operator's ability to properly manage the manure generated on the operation.
(4) [When] If calculations in the plan as originally submitted are in error, or if figures used in the plan are inconsistent with those contained in the Pennsylvania Agronomy Guide and [the Manure Management Manual] associated fact sheets and manuals, and adequate justification has not been given in writing for the inconsistency.
(5) [When] If a [different] BMP[,] different than that called for in the approved plan, is proposed to address a manure management or stormwater management concern.
(6) [When] If, after the first 3 years of implementing the plan, actual yields are less than 80% of the expected crop yields used in the development of the plan.
(7) If alternative organic nutrient sources will replace or augment nutrient sources described in the plan.
(8) If additional lands are brought into the operation through purchase, lease or renting.
(9) If there is a change in the manure management system that is expected to result in a significant change in the manure nutrient content.
(b) A plan amendment under subsection (a) shall be developed and certified by a nutrient management specialist and shall be submitted to the reviewing agency [in accordance with] under § [83.361(a)] 83.371(a) (relating to [initial] plan [review and approval] amendments).
(c) Plan updates to address operational or computation changes other than those described in subsection (a) shall be developed and certified by a commercial or individual nutrient management specialist, retained at the operation and submitted to the district for inclusion in the approved nutrient management plan.
§ 83.373. Plan transfers.
* * * * * (b) If the transfer of the approved plan results in operational changes requiring a plan amendment under § 83.371 (relating to plan amendments), the plan amendment shall be submitted for approval of the Commission or a delegated conservation district along with, or before, the notification required under subsection (a).
CONTAGIOUS DISEASE EMERGENCIES ON CAOs § 83.381. Manure management in emergency situations.
(a) [In situations when] If there is an outbreak of a contagious disease as regulated by the Department of Agriculture, manure management shall be consistent with [requirements in] the Department of Agriculture's order of quarantine issued under the Domestic Animal Act (3 P. S. §§ 311--354) and regulations thereunder.
* * * * * (d) [Where] If nutrients are applied in excess of crop need due to the quarantine restrictions placed on the manure, and the cropping sequence permits, cover crops shall be planted to the site to minimize the loss of these nutrients. The harvesting of these cover crops is encouraged to facilitate the removal of excess nutrients.
* * * * * (f) The application of manure during the quarantine shall be done under § 83.294[(5)] (f) (relating to nutrient application procedures).
(g) Standard soil tests will be required each year for crop [fields] management units where the implementation of the quarantine required that nutrients be applied in excess of the amount the crop can use, and shall continue for 3 successive years thereafter. In addition to the standard test, an appropriate test indicating the amount of nitrogen available for crop uptake will be required for 1 year beyond the cessation of excess manure application.
PLAN SUMMARY INFORMATION FOR [VOLUNTEER OR FINANCIAL ASSISTANCE] VAO PLANS § 83.391. Identification of agricultural operations and acreage.
(a) Agricultural operation identification sheet. The plan shall include an agricultural operation identification sheet which includes the following information:
* * * * * (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 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 § 83.404[(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 existing or proposed 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.
§ 83.392. 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 reference manure management and storage practices, stormwater runoff control practices and other appropriate BMPs necessary to protect the quality of surface water and groundwater [may be referenced in the summary, but shall be covered by the appropriate section of the plan].
NUTRIENT APPLICATION FOR [VOLUNTEER OR FINANCIAL ASSISTANCE] VAO PLANS § 83.401. 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) [For the preparation of the plan and plan amendments, it is recommended that the nutrient content of the manure be determined by] List 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. 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 unless otherwise approved by the Commission or delegated conservation district] 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 § 83.481 (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 times 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.]
§ 83.402. 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 a 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.
(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 a delegated conservation district. The amendment shall be submitted as required under §§ 83.471--83.483.
(d) [For] 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.
(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 realistic expected crop yields.
[(f)] (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.
§ 83.403. 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 § 83.401 (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 § 83.402 (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.
§ 83.404. 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 § 83.403[(a) and (b)] (c) (relating to determination of nutrient application rates)[, or the rates].
(ii) The combination of
(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 (d). 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) * * *
* * * * * (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.
(iv) Within 100 feet of an active public drinking water source, unless other State or Federal laws or regulations require a greater isolation distance.
[(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 then 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 § 83.411(a)(5) (relating to alternative manure utilization plans).
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