A34-L»ncaster Farming, Saturday, June 24, 1995
SCC Approves Proposing Rulemaking For Nutrient Management
(Continued from A32)
0) Manure, contaminated water or nutrients leaving manure storage or animal concentration areas and
directly entenng surface water or ground water
mal w ,^ 0 ,,L,-i--fgi^ e lnadequate corltral 01 slorm wa,er flow irto manure storage facilities, manure storage areas, and ani
ls) Manure storage facilities overflowing or maintained at levels above freeboard heights.
(4) Manure storage facilities that are inadequately sized tor production and expected application periods
(5) Leaking or unstable manure storage facilities
(b) tea part of a plan certification, the nutrient management specialist shall assure that the review required under sub
sedton (a) rtthte section was undertaken in the preparation of the plan The plan will contain those BMPs mat are necessary
incorrect ktsntilfed water contamination sources and protect surface water and ground water. BMPs Shan meet the spedfl
effltons cortained in the Pennsylvania Technical Guide unless other specifications set forth in §B3 311 (relating to minimum
facilities) apply The plan is not required to include engineering design work. .However, the
, reqL " re ** necessary BMP des '9 ns ' 31x1 these designs Shan be kept on record by the oper
(c) The following BMPs may be used to protect water quality and to control water in farmstead, manure storage and ani
mal concentration areas
(1) Manure storage facilities including permanent manure stacking areas. The construction of manure stor
age faculties is not required unless necessary to protect surface water and ground water as part of an integrated nutrient man
agement system.
(2) Adequate collection of manure from animal concentration areas for utilization on cropland or for other
acceptable uses
(4 Diversion of contaminated runoff within animal concentration areas to a storage, lagoon, collection basin,
vegetated filter area, or another suitable site or facility
(4) Diversion or elimination of contaminated water sources unless required for proper operation of the
manure management system.
(5) Temporary manure stacking areas provided they are located outside concentrated water flow areas and
areas where manure application is restricted or prohibited based on §B3 234(5) (relating to nutrient application procedures).
(6) Other appropriate BMPs acceptable to the Commission, or the delegated conservation district
(d) When temporary manure stacking areas may be necessary tor the implementation of the plan, the plan shall identify
those areas available for the storage of manure due to unforeseen circumstances such as adverse weather conditions.
Manure shall be removed from temporary stacking areas tor utilization on cropland or other acceptable usee as soon as fea
sible
(e) Information contained in other sections of the plan may be used by the specialist when addressing this section
(t) The siting design and installation of manure storage facilities shall meet the requirements contained in §B3 311 (relat
ing to minimum standards for manure storage facilities) and the Pennsylvania Technical Guide
STORM WATER RUNOFF CONTROL
§83.261. Storm Water Runoff Control
(a) Erosion and sedimentation control
(1) The plan shall include a verification of the adequacy of existing erosion and sedimentation control prac
tices on fields, croplands, and pastures The verification may be performed by the specialist in conjunction with other Individ
uals with erosion and sedimentation expertise such as NRCS so conservation district personnel.
(2) An erosion and sedimentation control plan for agricultural plowing and tilling that meets the requirements
of 25 Pa. Code Chapter 102 (relating to erosion control) is required In order to minimize the nutrient loss associated with accel
erated erosion and sedimentation A current conservation plan meeting the erosion and sedimentation control requirements
of 25 Pa Code Chapter 102 is adequate to meet this requirement
(3) An erosion and sedimentation control plan, or the erosion and sedimentation control portion of a conserva
tion plan shall be developed based upon the information contained in the Department of Environmental Resources' Sol Erosion
and Sedimentation Control Manual tar Agriculture
(4) The plan Included in paragraph (2) shall be attached and become part of the nutrient management plan
submitted tor review Engmeenng designs are not required to be included in the nutrient management plan when first devel
oped However, the implementation of the plan shall requite the development of the necessary BMP designs, and these
designs shall be kept on record by the operator as a supplement to the plan
(b) Animal concentration areas
(1) The plan shall address storm water runoff controls in animal concentration areas in a manner that meets
the provisions of §§BB 251 (a), (b), and (c) (relating to manure management).
(2) Runoff controls in animal concentration areas shall be designed, installed, operated, and maintained in
accordance with the standards contained in the Pennsylvania Technical Guide
(3) Engmeenng designs are not required to be included in the nutrient management plan when first devel
oped However, the implementation of the plan shall require the development of the necessary BMP designs, and these
designs shall be kept, on record by the operator as a supplement to the plan
§83.271. Implementation Schedule.
A plan or plan amendment shall contain a reasonable Implementation schedule The schedule shall identify when the
necessary capital improvements and management changes wiN be made.
ADDITIONAL PLAN CONTENT REQUIREMENTS FOR CAOs
183.281. Exeats Manure Utilization Plana tor CAOa.
(a) When manure will be exported to known landowners or operators for agricultural land application, the plan shall list:
(1) The name(s) and general location of the proposed importing agricultural operation(s)
(2) The estimated number of acres available for spreading manure at the importing agricultural operation(s).
(3) The estimated amount of manure that onid be exported to each agricultural operation
(4) The intended season(s) for the manure transfers)
(b) When manure will be transferred 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.
(3) The intended season(s) for the manure transfers).
(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 descnpbon of the planned use of the imported manure
(3) The estimated amount of manure the operator plans to transfer to the importer
(4) The intended season(s) tor the manure transfers)
(d) Where manure is to be processed/utllized on the CAO in a manner other than for agncultural land application, the plan
shall bnefly describe the planned use of the manure
(e) Nutrient management plans for CAOs that come into existence after the effective date of the regulations, or agricul
tural operations newly classified as CAOs due to expansion after the effective date of the regulations, shall provide for the uti
lization of manure by meeting one of the following
(1) Demonstrate agncultural land is available for application by providing the information as In subsection (a)
(2) Include wntten agreements with importers or brokers and follow subsections (b) or (c)
(3) If manure is to be used on the agncultural operation for purposes other than for land application, describe
how the manure is to be processed/utllized as in subsection (d)
(I) Agncultural 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 subsection
(g) Where manure is to be marketed from an existing agncultural operation using an open advertising system and the
importers cannot be identified at planning time, the plan shall describe the proposed marketing scheme
RECORD KEEPING AND INFORMATIONAL REQUIREMENTS FOR ALL PLANS
§83291. Record Keeping Relating to Application of Nutriante.
(a) Nutnent management plans developed for CAOs shall, at a minimum, be supported by the information required in
§§B3 291 through 83 302
(b) A nutnent management plan voluntarily developed lor agncultural operations pursuant to the Act shall, at a minimum,
oe supported by the information required in §§B3 291 through 83 293 (relating to record keeping and informational require
ments for all plans)
(c) The operator of an agncultural operation that develops a nutnent management plan under the Act shall keep the fol
lowing accurate records of the land application of nutnents, crop yields, and soil tests on the agncultural
(1) Records of soil testing results shall be maintained consistent with procedures at §B3 231(f) (relating to
determination of available nutnents)
(2) Records of manure testing results and testing of other nutnent sources shall be maintained consistent with
procedures at §B3 231 (b)(3) (relating to determination of available nutnents)
(3) Land application of nutnents on an agncultural operation shall be documented on an annual basis by
recording the following information for each source of nutnents
(i) The locations and number of acres of nutnent application
(n) The month(s) of nutnent application
(in) The rate of nutnent application for each field or crop group
(4) Annual crop yields for each crop group shall be recorded
(5) Annual manure production calculated consistent with procedures at §B3 231 (b)(2) (relating to determi
nation of available nutrients) shall be recorded
(d) Records required under this subsection shall be maintained for a minimum of three years
§83.292. Alternative Manure Utilization Record Keeping.
(a) Record keeping fo'r manure transfers
(1) A Manure Transfer Sheet shall be used for all manure transfers from land under the control of agncultural
operations falling under she Act
(2) The Manure Transfer Sheet shall be provided by the Commission
(3) Computer-generated forms other than the Manure Transfer Sheet provided by the Commission may be
used provided they contain the same information as, and are reasonably similar in format to, the forms provided by the Com
mission
(4) Record keeping related to the application of exported manure shall comply with the following.
(i) The exporter shall be responsible for the completion of Section f of the Manure Transfer Sheet.
(u) Where the exporter, or person working under the direction of the exporter, applies the manure to the
land, the exporter shall be responsible for completion of Section 2 of the Manure Transfer Sheet
(5) Operators of agncultural operations other than CAOs need not submit manure transfer records to the
agency approving the plan but shall retain these records
(b) Record keeping for alternative manure utilization by means other than manure transfer Operators shall keep annual
records of the amount of manure utilized in any manner other than through manure transfers
(c) Retaining records Records required under this section shall be retained for a minimum of three (3) years
IMPLEMENTATION SCHEDULE
$•3.2*3. Exported Manure Informational Paekata.
(a) When manure is exported from an agricultural operation, the exporter will provide the importer with an appropriately
completed Manure
(b) If the manure Is to be land applied, the exporter is encouraged to provide the following:
' (1) A fact sheet allowing for quick eetimalion of manure application rates.
(2) The applicable sections of the Manure Management Manual.
(3) A concise educational publication describing the key concepts of nutrient management.
(4) Additional informational items as supplied by the Commlealon for this purpose.
(c) The Commission will provide the materials listed In subsection (b) (or distribution by the exporter
ADDITIONAL RECORD KEEPING AND INFORMATIONAL REQUIREMENTS FOR CAOS
$•3,301. Record Keeping for Manure Transfers from CAOs.
(a) In addition to the requirements of $83,292 (relating to alternative manure utilization record keeping), CROs shall com
ply with the requirements of this section.
(b) Those exporters following plans that detail the exporting of manure to known landowners, as In $83,281 (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 $83.292(c) (relating to alterna
tive manure utilization record keeping). All other CAOs exporting manure shall be required to, within one 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 for all manure transfers. Submittal of these records tar subsequent years will be at the discretion of the agency which
approved the plan.
(c) Annual Summary of Manure Transfers. Where manure transfer records are required to be submitted to the reviewing
authority, the exporter may either submit the Manure Transfer Sheets tar all manure transfers within the appropriate time
frame, or the exporter may summarize the Information from these sheets on the Annual Summary of Manure Transfers and
submit this form only.
(d) The Summery of Manure Transfers forms shall be provided by the Commission. Computer-generated forms other
than the Summary of Manure Transfers provided by the Commission may be used provided they contain the same Informa
tion as, and are reasonably similar In format to, the forms provided by the Commission
1*3.302 Exported Manure Informational Packets for Distribution by CAOs.
(a) In addition to the requirements of §83.293 (relating to exported manure informational packets), CAOs exporting
manure shall comply with the requirements of this section
(b) If the exported manure is to be land applied, the exporter shall be responsible for providing the informational maten
als described in subsection 83.293(b) (relating to exported manure informatlonel packets) only If the Importer/broker does not
already have a current copy of the particular document.
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES
1*3.311. Minimum Standards (or Iha Daalgn, Construction, Location, Operation and Malntananc* of Manura
Storaga FaeHHiaa.
(a) The minimum standards contained In this section shall apply to new manure storage (acuities constructed and exist
Ing manure storage facilities expanded as part of a nutrient management plan developed under the Act.
0) Manure storage facilities shaH be designed, constructed, located, operated, and maintained to prevent the
pollution of surface and ground water, or the off-site migration of any such poiutlon, by meeting the standards contained In
the Pennsylvania Technical Guide, except where these standards conflict with the provisions of this subchapter.
(2) Where standards for a particular design of a manure storage faculty do not exist in the Pennsylvania Tech
nlcal Guide, best available technology will be used In the planning, design, operation, and maintenance of the facility Com
mission or delegated conservation district approval will be required before construction of the facility
(3) In addition to the above subsections (1) and (2), manure storage facilities shall be designed and located
in accordance with the (oHowing criteria
(I) Facilities shall comply with the applicable criteria in 25 Pa Code Chapter 105 (relating to dam safety and
waterway management).
01) The location and construction of facilities to be placed within a floodplain, must be consistent with local
ordinances developed under the Pennsylvania Flood Plain Management Act, which relates to the dangers and damage of
tloodwaters
(ill) The sides of facilities located In a floodplain shaH be protected from erosion and scounng from a 25 year
flood event
(hr) Facilities, except reception pits and transfer pipes, may not be constructed.
(A) Within 100 test of any perennial stream, nver, spring, lake, pond or reservoir.
(B) Within 100 feet of any water well, or open sinkhole
(C) Within 100 feel of any property line, unless the landowner(s) within the 100 feet distance from the faol -
rty otherwise agree and execute a waiver in a form acceptable to the Commission.
(D) Within 200 feet of any perennial stream, nver, spring, lake, pond, reservoir, or any water well where
such facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8 percent or have a capac
ity of 1,500,000 gallons or greater.
(E) Within 200 feet of any property line, where such facilities (except permanent stacking and compost
facilities) are located on slopes exceeding a percent or have a capacity of 1,500,000 gallons or greater, unless the landown
ers) within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commis
slon
(v) The Commission or a delegated conservator! district may waive the distance restrictions set forth in this
section only for the expansion of existing manure facilities, or the construction of new facilities on agricultural operations that
were producing livestock or poultry on the effective date of these regulations, if the tallowing can be Demonstrated to the sat
isfaction of Ms Commission or delegated conservation distract
(A) The siting restrictions contained in subparagraph (iv) would make the placement economically unrea
sonable or physically Impractical
(B) a site Investigation (Including consultation with affected landowner(s) has been conducted which
demonstrates that the proposed system wilt protect water quality and protect against offsite migration of pollution.
(C) the type, design, and contingency plan developed for the facilities meet additional criteria the Com
mission or delegated conservation district, in consultation with the NRCS, may require to protect water quality, and protect
against off-site migration of pollution, and
(D) where a waiver from the water well setback requirement is requested, the well construction meets
the catena that the Commission or delegated conservation district, in consultation with the NRCS, deems necessary to pro
tect water quality.
$83,321. Initial Plan Review and Approval.
(a) Plans or plan amendments required for CAOs shall be submitted for initial review and approval to delegated conser
vation districts or alternatively to the Commission for agricultural operations located in counties not delegated administrative
authority under $83,371 (relating to delegation to local agencies) Any person performing the plan review shall be certified in
accordance with the Department of Agriculture's nutrient management specialist certification requirements at 7 Pa Code
§5131.1-131.51 (relating to nutrient management certification) A plan or plan amendment vduntanly developed for an agri
cultural operation other than a CAO and submitted to the Commission or delegated conservation district shall be deemed
approved unless disapproved by the Commission or distnct within 45 days of receipt
(b) The Commission or delegated conservation distnct shall either approve, modify or disapprove the plan or plan amend
ment within 90 days of receipt The notice of determination to modify or disapprove a plan or plan amendment shall be pro
vided In writing to the person submitting the same and include an explanation specifically stating the reasons for modification
or disapproval
(c) Approvals shall be granted only for those plans or plan amendments that satisfy the requirements of the Act and this
subchapter.
(d) If a plan or plan amendment Is disapproved, the person submitting the plan or plan amendment for the first time shall
have 90 days after receipt of the notice of disapproval to resubmit a revised plan or plan amendment
(e) An agricultural operation that submits a complete plan or plan amendment is authorized to implement the same if the
Commission or delegated conservation district fails to act within 90 days of submittal When the Commission or delegated
conservation district fails to act within 90 days of plan submission and the plan or plan amendment is resubmitted and the del
egated conservation distnct or Commission again fails to act within 90 days of submittal, it shall be deemed approved
183.322. Plan Implementation.
(a) A CAO required to develop a nutrient management plan pursuant to ssB3 211 and 83 212 (relating to nutnent man
agement plans) shall fully implement the plan within three years of the date the plan Is approved or deemed approved or foi
which implementation Is otherwise authonzed pursuant to $B3 321 (e) (relating to initial plan review and approval), unless
extended upon approval of the Commission for cause shown or a plan amendment The three-year implementation sched
ule shall be extended an additional two years for individual substantial capital improvements required under an approved plan
for an operation required to submit a plan pursuant to $B3 211 (a) (-elating to general requirement) if
(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, and
(2) A sum of $2,000,000 or more has not been appropnated for grants and loans to the Nutnent Manage
ment Fund above and beyond any Chesapeake Bay nonpoint source pollution abatement moneys that may be appropnated
to the fund, within one year of the effective date of this subchapter
(b) Whatever adjustments are made in the Implementation of the plan, the nutnent application rates must be
balanced as descnbed in $B3 233 (relating to determination of nutnent application rates) The owner, operator or nutnent
management specialist shall review the nutnent management plan at least annually to ensure that this condition is met
(c) At a minimum of every three (3) years, the plan shall be reviewed by a nutnent management specialist
If the agncultural operation is still consistent with the approved plan, the specialist shall provide such notice to the reviewing
agency A plan amendment shall be submitted to the reviewing agency in accordance with $B3 321 (a) (relating to initial plan
review and approval), if the agncultural operation has changed from that descnbed in the approved plan
{83.331. Plan Amand manta
(a) In addition to the requirements of §B3 322(c) (relating to plan implementation), a plan amendment is
required when the operator of an agricultural operation expects to make significant changes In the management of nutrients
from those contained In the approved plan Significant changes In the management of nutnents Include the following
(1) A net increase of greater than 10% occurs In AEUs per acre,
(2) A change in crop management that results In a reduction of greater than 20% In nitrogen necessary for
realistic expected crop yields or the amount the crops will utilize for an individual crop year
(3) For CAOs, a change In method of excess manure utilization under §B3 281 (relating to excess manure
uWizatxm plans for CAOs)
PLAN REVIEW AND IMPLEMENTATION
PLAN AMENDMENTS AND TRANSFERS
(Turn to Pago A 35)