A3O-Lancasttr Fanning, Saturday, Juna 24, 1995
SCC Approves Proposing Rulemaking For Nutrient Management
(Continued from Pago A2S)
tlonaly, the three year knplamaiMlan schedule would be delayed an addtional two years tor Individual autatantW capiu
Improwamanto required under an approved plan if the oparalor can demonstrate that lha Improvements carrot be Inanoea
through available funding mechartome and a sum of $2,000,000 has not been appropriated tor granta and loana to the Nuln
ertManagamart Fund wilhto or* year of the effective date of final ragulattone. County conservation dWricta that accept pm
gram delegations may Incur addtitooal costal* the admlnialratton and enforcement of the program. Theae coals will be off
aat aa much as possible by tuning to dWrtcts from the Nutrient Management Fund.
Many agricultural lender* are already requiring »ome form of nutrient management planning to finance new oonoentrat
ed agricultural operations. The coat* of nrtriert management will be Incorporated by certain producer! Into their operation
thereby relieving Pale and local governments and private landowners from incurring coets aaaixißtecl with nitrogen pollution
in drinking water.
PanMWOtk
The propoaal aaeks to reduce excess paperwork. FOr example, a current conservation plan meeting the eraaion and aed
imertallon control requkemerta o( Chapter 102 would satiety the eroeion and aedmertalion control components of a nutrient
management plan. Repotting requirements tor agricultural operations that voluntarily plan ate less than those tor oonoentral
ad agricultural operations. The propoaedregulationa detail the acceptable format and content o( plana which are daeigned to
reduce paperwork.
0. Sunset Dale
The Commission will evaluate the ettsctlveneas of theae ragulattone on an ongoing basis. Therefore, no aunael data la
being established for the regulations at this time.
H. Regulatory Review
Under Section s(d) ol the Regulatory Review Act-(71 P.S. 1745.5(a), the Commiaaton submitted a copy of theae pro
poaed ragulattone on to the Independent Regulatory Review Commlaalon and to the Chairmen of the House Agricul
ture and Rural Affairs Committee and the Senate Agriculture and Rural Attain Committee. In addition to submitting the pro
posed regulators, the Commission has provided the Independent Regulatory Review Commission and the Committees with
a copy of a detailed regulatory analysis form in compliance with Executive Order 1982-2 Improving Government Regula
tions". A copy of this material Is available to the public upon request.
If the Independent Regulatory Review Commiaaton has any objections to any portion of the propoaeo amendments, It will
notify the Commission within 30 days alter the dose of the public comment period. The notification shat specify the regula
tory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for
review prior to (Inal publication of the regulation, by the Commiaaton, the General Assembly and the Governor of objections
raised.
L Public Comment
Interested persons are invited to submit written comments, suggestions or objections regardkig the proposal to the State
Conservation Commission, P.O. Box 8555, Harrisburg, PA 17105-8555. In particular the Commission is seeking comments
regarding suggestions to encourage voluntary participation In the Nutrient Management Program. Comments must be
received within sixty (60) days of publication in the Pennsyfvanis Bulletin The Commission, with the assistance of the Nutri
ent Management Advisory Board, will be conducting a aeries of formal public hearings and informal public meetings on the
proposal The hearings and meetings will be evening sessions beginning at p.m. as follows:
Public Meetings Public Hearings
1. Lancaster (Patel 1 Lancaster (Patel
2 Williamsport (Patel 2 Williamsport (Patel
3 Somerset (Date) 3 Somerset (Patel
4 Mercer (Patel 4 Mercer (Patel
James M Seif
Chairman
83.201 Definitions
83 202 Scope
83 203 Purpose
83 204 Applicability of Requirements
83 211 General Requirement
83.212 Identification of CAOs
83 221 Scope of Plan
83 222 Content of Plane
83 223 Identification of Agricultural Operations and Acreage
83.224 Summary of Nutrient Management Plan
83.231 Determination of Available Nutrients
83 232 Determination of Nutrients Needed for Crap Production
83 233 Determination of Nutrient Application Rates
83 234 Nutrient Application Procedures
83 241 Alternative Manure Utilization Plans
83.251 Manure Management
83 261 Storm Water Runoff Control
83.271 Implementation Schedule
ADDITIONAL PLAN CONTENT REQUIREMENTS FOR CAOe
83 261 Excess Manure Utilization Plans for CAOs
RECORD KEEPING AND INFORMATIONAL REQUIREMENTS FOR ALL PLANS
83291 Record Keeping Relating to Application of Nutrients
83 292 Alternative Manure Utilization Record Keeping
83 299 Exported Manure Informational Packets
ADDITIONAL RECORD KEEPING AND INFORMATIONAL REQUIREMENTS FOR CAOe
83 301 Record Keeping For Manure Transfers from CAOs
83 302 Exported Manure Informational Packets for Distribution by CAOs
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES
83311 Minimum Standards for the Design, Construction, Location, Operation, and Maintenance of Manure Storage
Facilities
83.321 Initial Plan Review and Approval
83 322 Plan Implementation
83.331 Plan Amendments
83.332 Amendments Due to Unforeseen Circumstances
83.333 Plan Transfers
CONTAGIOUS DISEASE EMERGENCIES
83.341 Manure Management In Emergency Situations
83.351 Applicant Eligibility
83.352 Condition ter Receipt of Financial Assistance
83.353 Financial Assistance Criteria
83.354 Application Procedure
63.355 Project Evaluation Criteria
83.356 Eligible Costs
83 357 Loans
83 358 Loan Guarantees
83 358 Grants
83.360 Grants and Loans
83 361 Funding limitations
83 362 Implementation and Reporting
83 363 Delegation of Financial Assistance
63 371 Delegation to Local Agencies
63 361 Compliance Plans
TITLE 25. ENVIRONMENTAL RESOURCES
CHAPTER 83. STATE CONSERVATION COMMISSION
SUBCHAPTER 0. NUTRIENT MANAGEMENT
GENERAL PROVISIONS
NUTRIENT MANAGEMENT PLANS
CONTENT REQUIREMENTS FOR ALL PLANS
NUTRIENT APPLICATION
ALTERNATIVE USES FOR EXCESS MANURE
MANURE MANAGEMENT
STORM WATER RUNOFF CONTROL
IMPLEMENTATION SCHEDULE
PLAN REVIEW AND IMPLEMENTATION
PLAN AMENDMENTS AND TRANSFERS
FINANCIAL ASSISTANCE
DELEGATION TO LOCAL AGENCIES
OTHER PLANNING PROVISIONS
IB&201. Definitions.
Ad - The Nutrient Management Act (3 P.S. Hl7Ol -1719)
AEU per acre - An animal equivalent unit per acre ot cropland or acre of land suitable for application of animal manure
Agricultural operations - The management end use of fanning resources tor the production of craps, tveelock, or poultry
Animal concentration areas - barnyards, feedlds, baling arena, exercise tots, or olherelmllar animal oonllnement areas
that will not maintain a growing crop, or where deposited manure nutrients are In excess of crop needs. Areas managed as
pastures or other cropland are excluded. Pasture access ways are excluded, If they do not cauaedred flow of nutrients to
surface or ground water.
Animal equivalent unit (AEU) - One thousand pounds nve weight of livestock or poultry animals, regardless of the actual
number erf Individual animals comprising the unit.
Beet management practice (BMP) • A practice or combination of practices determined by the Commission to be effective
and practicable (given technological, economic and Institutional ccxelderationß) to manage nutrients to prated surface water
and ground water taking into account applicable nutrient requirements for crop utilization. Beet management practioea Include,
but are not limited to:
(1) Conservation tillage.
(2) Crop rotation.
(3) Soil testing.
(4) Manure lasting.
(5) Diversions.
(6) Manure storage fadtUee.
(7) Storm water management practices.
(B) Nutrient application.
Commission - The State Conservation Commission established by the Act of May 15,1945 (P.L 547, No. 217), 3 P S
§1849964, known as the Conaervatton District Law.
Concentrated animal operation (CAO) - Those agricultural operations where the animal density exceeds two AEUs per
acre on an annualized basis.
Concentrated water flow areas-Those natural or manmade areas where storm water runoff Is channeled and conveyed
directly to a surface body of water. Concentrated water flow areas Include, but are net limited to, ditches, waterways, guUles
and swales.
Conservation district-Any county conservation dttrict established under the Act of May 15,1945 (P.L 547, No 217), 3
PS SSB49-664 known as the Conservation District Law.
Conservation plan - A plan that identifies conservation practices, and, at the very least, inductee an erosion and seg
mentation control plan.
Cooperative extension • The Penn Stale Cooperative Extension
Crop group-A crop field or group of crop fields that are planted to the same crop, managed as a unit, have similar levels
of residual nutrients, and will produce similar crop yields.
Department - The Department of Environmental Resources of the Commonwealth.
Eroeion - The natural process by which the surface of the land Is worn away by the action of water, wind or chemical
action
Fanning resources - The animals, facilities, and lands used for the production of crepe, livestock, or poultry The term
includes all lands located at the animal production faculty which are owned by the operator, and any lands under agreement or
under the management control of the operator that are an Integral part of the production of crepe, livestock or poultry and the
associated management of nutrients.
Fund - The Nutrient Management Fund established under Section fOof the Act (3 P S $1710).
Manure Management Manual - The guidance manual entitled “Manure Management Manual For Environmental Protec
tion" and its supplements developed by an interagency workgroup and published by the Department of Environmental
Resources. The manual describes approved manure management practices for which a permit or approval from the Depart
mentis not required as set forth In the Department's regulations at 25 Pa Code|lol 8 (relating to pollution control and pre
vention from agricultural operations)
Manure Storage Facility - A permanent structure or facility, or portion of a structure or facility, utilized for the primary pur
pose of containing raw or untreated manure The storage facility of a waste management system is the tool that gives the
manager control over the scheduling and timing of the spreading or export of manure Examples include, but are not limited
to liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built
under a confinement building, permanent stacking and composting facilities, and manure treatment facilities. This definition
shall not Include the animal confinement areas of poultry houses, horse stalls, freestall bams, or bedded pack animal hous
ing systems
Natural Resources Conservation Service (NRCS) - The Natural Resources Conservation Service of the United States
Department of Agriculture, formerly known as the Sal Conservation Service
Nutrient-A substance or recognized plant nutrient, element or compound which Is used or sold for its plant nutritive con
tent or Its claimed nutritive value The term includes, but Is not limited to, livestock and poultry manures, compost as fertilizer,
commercially manufactured chemical fertilizers, sewage sludge, or combinations thereof.
Nutrient management plan (plan)- A written site-specific plan which incorporates BMPs to manage the use of plant nutri
ents for crop production and water quality protection, consistent with the criteria established In Sections 4 and 6 of the Act, 3
PS $$ 1704 and 1706, and at 25 Pa Code SSB3 221 -83.271 and 83 281 (relating to additional plan content requirements
for CADs).
Nutrient management specialist - A person satisfying the requirements of the Pennsylvania Department of Agriculture's
nutrient management certification program at 7 Pa. Code 5§1311-131 51 (relating to nutrient management certification)
Pastures - Crop areas managed for forage production that are harvested by livestock and/or haying, and where animal
management practices assure that uncollected manure nutrients are limited to the amounts utilized by the crop.
Pennsylvania Agronomy Guide - The quick reference book published by the Cooperative Extension as a practical guide
to grain and forage production, soil fertility management, pest management, and erosion control, with special reference to
Pennsylvania conditions.
Pennsylvania Technical Guide - A primary reference document published by the United States Department of Agricul
ture's NRCS, which » used by technically trained persons to plan and apply appropriate BMPs.
Perennial Stream - A body of water that normally flows year-round in a defined channel or bed, and Is capable, in the
absence of pollution or other man-made stream disturbances, of supporting bottom dwelling aquatic animals.
Permanent Manure Stacking Areas - Designated, improved storage areas that ate used for the long term or recumng
storage of solid manure.
Sediment - Soils or other surface materials transported by surface water as a product of erosicn
Sedimentation - The process by which sediment is deposited on stream bottoms
Storm water - Drainage funoff from the surface of the land resulting from rain or snow or ice melt.
Surface water and ground water - Any and aU rivers, streams, creeks, rivulets, Impoundments, cliches, water courses,
storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and under
ground water, or parts thereof, whether natural w artificial, within or on the boundaries of this Commonwealth.
Temporary Manure Stacking Areas - Unimproved areas, preferably located In crop fields, that are planned to be used in
unforeseen circumstances for the storage of sobd manure to be used during the next growing season, or for other acceptable
uses
H&202. Scope.
This subchapter specifies minimum criteria and requirements for
(1) Nutrient management plans required under the Act on 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) Compliance plans submitted by any agricultural operation found to be in violation of the Clean Streams Law, 35 P S
SSSBI 1-691 1001
(4) The construction, location, storage capacity and operation of animal manure storage facilities constructed and exist
ing facilities expanded or repaired as part of a nutrient management plan developed under the Act.
(5) Manure handling In emergency situations where there is an outbreak of a contagious disease that poses a threat to
animal or human health.
(6) The awarding of financial assistance under the Act for the Implementation of nutrient management plans for existing
agricultural operations
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 ground water.
(83204. Applicability of Requirements.
(a) CAOs required to plan under the Act shat refer to the following sections tor applicable requirement*. §§83.211 through
83.234,83 2SI through 83.332, and 83.341 (relating to manure management In emergency eituatione).
(b) Agricultural operePone that voluntarily plan under the Act ehal refer to the following sectlone tor applicable require
manta: 1183.211 (relating to general requirement), 83.221 through 83 271,83.291 through 83299 (relating to record keep
ing and Information packet* tor all plane), 83 311 through 83.332, and 83.341 (relating to manure management In emergency
eituatione).
1(83211 General Requirement.
(a) A CAO In existence on the effective dale of this subchapter shall submit to the Commlaeion or delegated conserva
tion district, a nutrient management plan within one year after this effective date of this subchapter.
(b) A CAO which oomee Into existence after the effective date of thie subchaptar aha* eubmlt to the Commlaeion or del
egated conaarvation district a nutrient management plan within three months after such date, or prior to the commencement
of manure operations, whichever la 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 delegated conaarvation district a nutrient management plan
within three months alter the date of completion of the expansion or the loss of land. It ie 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 nutrient management plan at any time after the
effective data of this eubchapter.lt is recommended that the opanrior of an agricultural operation voluntarify submitting a plan
under the Act, submit the pitn for review and approval prior to construction.
(e) All plane and plan amendments shall be developed by nutrient management spedaliols certified In accordance with the
Department of Agriculture's nutrient management specialist certlflcalion requirements at 7 Pa. Code (1131.1 -131.51 (relating
to nutrient management certification) The specialists ahal certify that the plane are In accordance with the requirements of the
Act and thie subchapter
GENERAL PROVISIONS
NUTRIENT MANAGEMENT PLANS
(Turn to Paga A 32)