Fanning, Saturday, June 24, 1995
SCC Approves Proposing
(Continued from Pago A 1)
It has two non-voting
members the associate dean of
Penn State Cooperative Extension
Service, and the state conserva
tionist who heads the stale office of
the USDA Natural Resources Con
servation Service (NRCS).
In remarks to the group prior to
presenting certificates of apprecia
tion for their perhaps unprece
dented work. State Secretary of
Agriculture Charles Brosius told
the group that he was amazed at the
process.
He commended them for their
work and said that if anyone wants
to see an example of how the
regulation-negotiation process can
work, they should review the
workings of the Nutrient Manage
ment Advisory Board and the staff
of the SCC.
' Secretary of Environmental
Resources James Seif also com
mended the members of the Advis
ory Board and the commission
staff for their work, recognizing
them with certificates of apprecia
tion, though not in connection with
the proposed regulations. That
board will review the proposal,
however.
The Nutrient Management
Advisory Board had approved its
These regulations are not official and should not be used for technical
legal interpretations. However, barring any typographical errors, or any
minor changes which may occur prior to being printed in the Pennsylvani
a Bulletin, these are the proposed regulations created and recommended
by the Nutrient Management Advisory Board to the State Conservation
Commission, which the commission approved for rulemaking.
The State Conservation Commission (Commission) proposes to promulgate new regulations governing nutrient man
agement by adding Subchapter D to Chapter 83. These proposed regulations implement provisions of the Nutrient Manage
ment Act (act) (3 PS $ll7Ol-1719)
This proposal was adopted at the Commission’s meeting ot June 21,1995.
A. Effective Dele
These regulations will go into effect upon publication In the Pennsylvania Butebn as final rulemaking
B. Contact Persona
For further Information, the contact persons are Michael D. Krempasky, Executive Secretary, State Conservation Com
mission,PO Box 8555, Harrisburg, PA 17105-8555, (717) 787-5267; and David J Qromelski, Assistant Counsel, P 0 Box
8464, Harrisburg, PA 17105-6464, (717) 787-7060
C. Statutory Authority
These proposed regulations are promulgated under the authority of section 4(1) of the Nutrient Management Act (3 P.S.
II704(11) which requires the Commission to promulgate regulations establishing minimum criteria for nutrient management
plans and other requirements necessary to implement the act, and Section 4 of the Conservation District Law (3 PS $852)
which authorizes the Commission to promulgate rules and regulations as may be necessary to carry out its ftjnctlons
D. Purpose And Background
The Nutrient Management Act was enacted in May, 1993 to improve farm efficiency and prevent the nonpoint source pol
lutxxi of surface water and groundwater It authorizes the Commission, in conjunction with the Department of Agriculture, the
Penn State Cooperative Extension, the Nutrient Management Advisory Board and county conservation districts, to develop a
program for the proper utilization and management of nutrients Nitrogen was Identified in the act as the nutrient of pnmary
concern. The Commission is also required to provide education, technical assistance and financial assistance to the agricul
tural community regarding proper nutrient management
The Commission has developed this proposal in conjunction with the Nutrient Management Advisory Board (Advisory
Board) as required by the act The Advisory Board, which represents a wide-ranged agriculture, government and private inter
ests, worked hundreds of volunteer hours in an effort to develop a workable and effective regulatory proposal. The proposal
was also developed with the assistance of major farm organizations, county conservation distncts, the Department of Agri
culture, the Penn State Cooperative Extension and the Natural Resources Conservation Service
Dunng the regulatory development process, the Advisory Board raised concerns regarding liability protection for farmers
who develop and implement nutrient management plans (See Section 13oftheact,3PS §1713) as well as protection from
fines and penalties resulting from environmental violations if the operator is implementing an approved plan The Commis
sion intends to clarify the liability protection for those agncultural operations which develop and implement an approved nutri
ent management plan with the assistance of the Nutnent Management Advisory Board
E. Summary of Proposal
These proposed regulations will directly affect the concentrated animal operations (CAOs) that are required to plan under
the act as well as other agncultural operations that voluntarily plan under the act Only about 5-10% of agricultural operations
in Pennsylvania will meet the criteria for mandatory planning under the act The Commission Is hoping to obtain the voluntary
participation of other agricultural operations in the nutnent management program The proposed regulations were developed
to streamline planning and other requirements, where possible, in order to encourage maximum voluntary participation by non
CAOs The Commission believes that a strong voluntary program must operate simultaneously with the mandated regulato
ry program in order to assure proper nutnent management
Nutnent management plans are required to be developed by nutnent management specialists certified by the Department
of Agnculture Additionally, plans are to be submitted to the Commission or delegated county conservation district for approval
Nutnent management planning responsibilities for CAOs and for other agricultural operations that develop voluntary plans are
set forth in detail Minimum standards for the construction, location, storage capacity and location of animal manure storage
facilities on agncultural operations that develop a plan under the act are spelled out Manure management procedures In
emergency situations where there is an outbreak of contagious disease must be consistent with the existing quarantine
requirements set by the Department of Agnculture. Existing agncultural operations may apply for financial assistance to imple
ment nutrient management plans pursuant to the procedures herein Commission responsibilities for administering and
enforcing the act and regulations may be delegated to local county conservation districts.
Most definitions contained in the proposal are drawn from the act Additional definitions contained In the proposal Include
"concentrated water flow areas", “conservation plan" “crop group", “erosion’, "farming resources’, “Manure Management
Manual", “manure storage facility”, “pastures', “Pennsylvania Agronomy Guide", “Pennsylvania Technical Guide", “storm
water", “surface water and groundwater" and Temporary manure stacking areas’
The term “Surface water and ground water" Is defined consistent with the term “waters of the Commonwealth" that Is used
in the Department of Environmental Resources'regulatory programs The tsmi "agricultural operation" is defined as H appears
m the act as “the management and use of farming resources lor the production of crops, livestock, or poultry. However, the
term “agricultural operation” Is defined in terms of a general activity rather than a site specific operation. To dartfy that an agri
cultural operation, tor purposes of nutrient management planning, is a site specific operation, a definition of “farming
resources* was added Terming resources' is defined to Include all tedlitise and land associated with production or mainte
nance of crops, livestock or poultry. Maintenance Includes operations which board livestock.
CAOs required to plan under the act are those agricultural operaUons vrttere the animal density equals or eocoeeds two anl
mal equivalent units (AEU) per acre. An AEU is one thousand pounds of live weight of livestock or poultry animals. Specific cal
culation procedures to determine whether a particular agricultural operation Isa CAO based on the number and weight of aril
male and the amount of land suitable tor manure application are set forth In detail. Standard animal weights included In Appen
dix A are required to be used in the calculations unless the operator can justify the use of allsmalive weights. Timeframes tor
plan submittal based on when the operation came Into existence are drawn from the act
This Section was included to make it easier for volunteer operations to Identify their applicable requirements. It identifies
the sections applicable to CAOs required to plan under the act and the sections applicable to those operations voluntarily plan
ning under the act
recommendations to the SCC last
month.
At that time, there was some
contention over whether a last
minute change in the definition of
“farming resources” that would
have included the “maintenance”
of animals, such as at horse board
ing operations.
While the definition was
approved at the board meeting, a
legal review of the proposal reve
aled that it could not be done, since
the Nutrient Management Act
specifically selected production
agriculture livestock operations.
Planning for the control of other
forms of non-point nutrient sour
ces are to be addressed later, either
through research findings and
additional action on areas speci
fied in the Nutrient Management
Act, or through legislative action.
Another amendment to the
proposed package of regulations
had to do with review time of vol
untary plans. The proposal had
been for IS days, but, at the behest
of the Advisory Board, it was
lengthened to 45 days.
Under the Nutrient Manage
ment Act, the SCC is to oversee the
implementation of the act, the cre
ation of regulations, and the enfor
cement of the act.
PROPOSED RULEMAKING
STATE CONSERVATION COMMISSION
|2S Pa.. Code Chapter S 3—
Subchaptar D
Nutrient Management
Rulemaking For Nutrient Management
Local conservation districts are
to be the local offices which deal
directly with the public with nutri
ent management planning to.what
ever extent each local district
board decides is appropriate for its
own resources and area served.
The package of regulations out
lines who has to have nutrient
management plans, and how nutri
ent management plans are to be
developed, reviewed and
maintained.
Any non-mandatory livestock
operation is eligible to adopt vol
untary nutrient management plans.
The benefits of doing so not only
include the operator having more
control and understanding over
his/her own operation, but they are
also to gain favorable considera
tion from government should
related complaints be filed against
that operation.
The regulations are to be pub
lished in the Pennsylvania Bulle
tin, which is expected to take at
least six weeks from the SCO’s
approval.
When published in the Bulletin,
the official public comment period
begins.
(Extra copies of the Bulletin are
to be nublished for better distribu
tion of the proposed regulations.
While a copy of the regulations is
contained in this issue of Lancas
ter Farming as approved Thurs
day by the SCC, the “official”
copies are those published in the
Bulletin. Little, if any, is expected
to change between the “official”
regulations and those published
here.)
Before the proposed regulations
can be published in the Bulletin,
however, they must go through a
formal review by the Governor’s
Office of General Counsel and
then by the Attorney General.
The public comment period is to
be a minumum of 60 days and
include four formal public infor
mational meetings and four formal
public bearings.
The difference between a meet
ing and hearing is that during a
hearing public testimony, opinion
and facts are gathered for consider
ation of the proposed regulations.
Meetings are to be places where
information is shared and ques
tions answered.
The dates for those are to be
announced, but the SCC members
and Advisory Board members are
to be present to help with the meet
ings and hearings.
In related activity, on Thursday
the House of Representatives
approved a final version of House
Bill 1400, which is the outline for
The main components of plans developed under the act are 1) nutrient application procedures based on nitrogen need
ed tor crop production; 2) utilization of excess manure: 3) proper manure management In the barnyard and 4) stormwater
runoff controls The plan Is alto required to contain a reasonable implementation schedule that takes into account necessary
management and capital Intensive changes to the operation.
1. Nutrient Application ($583,231 - 63.234)
The nutrient application component of a plan includes a determination of nutrients available to the agricultural operation,
a determination of nutrients needed tor crop production, determination of acceptable nutrient application rates that do not
exceed crop needs, and nutrient application procedures tor the proper application of nutrients. Consistent with the act, nitro
gen is the nutrient of primary concern Areas where manure application is limited based on proximity to water sources are
spelled out
2. Alternative Uses tor Excess Manure (ssB3-241,83.281)
The proposed regulations require the plan to contain a description of how the operation will utilize manure In excess of
that needed tor crop producbon Information required Includes whether the manure will be exported off the operation and
whether It will be utilized on the operation in a manner other than land application. CAOs are required to provide more detail
regarding the uses of any excess manure than operations voluntarily planning under the act
3. Manure Management (§83.251)
The plan would Identify beat management practices (BMPs) necessary to correct any inadequate manure handling, col
lection, rtorage and agreeing practicee and protect surface and ground water. BMPs are required to mart the specifications
contained In the Natural Resources Conservation Services'(NßCS) Pennsylvania Technical Glide. The plan would Identify
appropriate areas tor temporary manure slacking where necessary tor plan Implementation.
4. Storm Water Runoff Control (§83.261)
The proposal requires the plan to meet the existing erosion and sedimentation requirements tor agriculture contained in
25 Pa Code Chester 102 The plan would also address runott problems associated wilh the barnyard and animal concen
tration areas.
The proposal meets the act's requirements to establish minimum standards for the construction, location, operation, main
tenance and storage capacity of manure storage (adlitree The standards apply only to new storage fecilitiee and expansions
of existing taaMies that are part of a nutrient management plan developed under the act Manure storage facilities are required
to meet the standards contained in the NRCS Pennsylvania Technical Guide. The proposed regulations also contain location
standards for manure storage facilities from bodies of water, drinking water weds, open sinkholes and property lines. The pur
pose of (he location standards is to protect water quality and prevent the off site migration of any discharge from a storage facil
ity Waivers from the kjcabon standards contained in the proposal may be obtained from adjacent property owners or the Com
mission provided the applicable criteria are met.
Plan review, approval and Implementation procedures included in the proposal are drawn from the act Implementation
provisions indude requirements for annual adjustments and three year plan review Plans are to be submitted to the Com
mission or delegated conservation district for review and approval and have a reasonable Implementation schedule Crilena
for the extension of the implementation requirement are also specified
Accurate records regarding the application of nutrients on the agricultural operation and manure transfers must be kept
and maintained For CAOs, manure transfer records are required, in some cases, to be submitted to the Commission or del
egated conservation district Operations voluntarily planning under the act are only required to keep the records and need not
submit them to the Commission or districts
Operators that export excess manure off of the operation are required to provide the operations Importing the manure
with information on the amount, nutrient content, and, if appropriate, the rate at which the manure was applied Additionally.
CAOs are required to provide the Importer with manure informational packets on proper manure management Voluntary
operations need only to provide the importers with information on the amount and nutrient content of manure
The proposed regulations include procedures for plan amendments and plan transfers, including plan amendments due
to unforeseen circumstances Plan amendments due to unforeseen circumstances may be implemented prior to submission
of the amendment to the Commission or conservation district for approval
Where there Is an outbreak of a contagious disease on an agricultural operation, manure management operations are
required to comply with the Department of Agriculture's existing quarantine procedures
Financial assistance will be offered when funds are made available to the Commission for such purposes Eligibility for
financial assistance Is limited to agricultural operations in existence on the effective date of final regulations. The proposal
allows for the awarding of grants, loans or loan guarantees. Grants may be awarded when the Commission determines that
repayment of a loan is unlikely, based on the financial condition of the operation and the fact that the operation will bo finan
cially distressed by the Implementation of the plan without a grant The minimum rate of interest on a loan is 1% and the term
of loans shall not exceed ten years
Total funding limits provided under loans, giants and loan guarantees may not exceed $75,000. The maximum amount
of a grant may not exceed 80% of the eligible costs of implementation or a sum of $30,000. Agricultural operations receiving
grants under the Ches*wake Bay Nonpoint Source Pollution Abatement Program are eligible for grants under the nutrient
management program up to a maximum of $30,000 from the combined sources. The proposal allows for Commission dele
gation of the financial assistance program to a fully authorized agent of the CommlssioiT.
County Conservation districts are envisioned as the primary entities responsible for implementing the act. The proposal
provides for Commission delegation of its administrative and enforcement authority under the act, Including the review and
approval of nutrient management plans.
F. Benefits. Coats and Paperwork
ThrMicfwas passed bv If * Legislature in response to excess levels of nitrates found in beth the Commonwealth's sur
face snd ground waters. The act end regulations are a key part t* the Commorrweslth’s Nutrient Reduction Strategy neces
aarv to attain the 40% reduction of nutrients entering the Cheaapaalw Bay. Theaa proposed ragdatlonawidkealy benefit
citizens by eraaflng, In conjunction with eduealkm, technical assignee and oUraacheftortajWorwinyaau
to?toaddows these nutrient problema. Downstream uses of water will be pwtßdsd
tiaal use. Rural citizens benellt from a reduction of nitrates jrrgroundwatsr. The health of Ivestockwibenellt tom drinking
unpolluted water. Improved farm efficiency will occur In many cases resulting In labor and tomber savings lor agricultural
operations. •
CADs may Incur some costs for implementing nutrient management plans developed ixider the act. Theee coeti may
be. In turn, offset by the financial assistance program established by the act and detailed In the proposed regdalione, Addl
(Turn to Page A3O)
the division and renaming of the
Department of Environmental
Resources to Department of Envir
onmental Protection (DEP), and
the creation of a new Department
of Conservation and Natural
Rescouices (DCNR)to oversee the
operation and maintenance of the
state’s forests and paries, as well as
other resources. (Sec story in June
17 issue of Lancaster Fanning).
The legislation is scheduled to
be signed into law by Gov. Tom
Ridge June 30.
Under provisions in HB 1400,
the SCC will change slightly with
the executive secretary to be an
appointed person not employeed
by either the PDA or the DEP.
Further, the chairmanship of the
SCC is to alternate annually
between the secretary of agricul
ture and the secretary of environ
mental protection.
In other action Wednesday, the
commission also heard reports on
the progress of the Nutrient Man
agement Certification Program,
which is being organized through
the Department of Agriculture;
progress on the educational prog
ram, which Penn State Extension
is puting together; and some
requests for authorization forfund
ing certain programs.