Section 1.7: Example State Manure Management Regulations & Nutrient Management Plan

1. Overview of US EPA & State Manure Management Regulations Section 1.7: Example State Manure Management Regulations & Nutrient Management Plan Requirements Adapted CNMP Core Curriculum Presented by: Roberto Maisonnave, Ag Engineer & M. Sc. International Environmental Consultant robermaison@hotmail.com www.ambientagro.com

2. State Regulations • EPA defines minimum requirements • Each State can also set additional requirements • EPA run permitting program for CAFO’s in non delegated States (Oklahoma until December, 2012) • Kansas, Colorado and recently Oklahoma are delegated: run their permitting program

3. State Regulations cont’d • State’s topography, water bodies and cultural heritage are important in the regulatory process • Feed yard mortality on county road vs. swine mortality in closed bin

4. State RegulationsComparison

5. Colorado • Permitting • CO Discharge Permit System CAFO General Permit • Swine: HCSFO* require Individual Waste Management Plans (SWMP) *Housed Commercial Swine Feeding Operations

6. Colorado SWMP • Swine Waste Management Plan (SWMP) • Nutrient Management Plan • Effluent Land Application Protocol • Effluent & Soil Samples • AWMS Treatment Efficiency: • Minimum TVS reduction of 60% between barn pit and anaerobic lagoon • Minimum of 2% D.O. on aerobic lagoon surface • Air Quality • Quarterly: property line using Scentometer • Semi-annually: lagoon surface using Olfactometry

7. Kansas • EPA Delegated • NPDES Permit • Swine CAFO’s • Waste Management Plan: mortality management, runoff control, nuisance conditions control (flies, odors, dust), land available for solid & liquid disposal • Nutrient Management Plan • If > 1.000 A.U. Nutrient Utilization Plan

8. Kansas cont’d • NMP • Effluent Land Application Protocol • Agronomic Rates: N-based, P-based, 1.5 x P Crop Removal, 1 x P Crop Removal, None • Conservation planning: setbacks, buffers, etc • Nutrient Utilization Plan (NUP) • 5-year crop rotation plan that models the Nitrogen and Phosphorus dynamics in the soil • To be updated annually

9. Oklahoma • Pollution Prevention Plan (PPP) prior to CAFO License Application • PPP to include • Documentation of operating BMPs • Swine Waste Management Plan • CNMP per NRCS guidance • NMP per EPA guidance • Carcass Disposal Plan (normal & emergency) • Odor Abatement Plan • Pest Management Plan

10. Oklahoma cont’d • Swine CAFO: Licensed Management Feeding Operations (LMFO) license • No Treatment Efficiency levels • No Air Quality regulations • Nitrogen based app unless located in VGA • Enforced Education for Swine Farm Operators and Employees: 9 hours Class + 3 hour annual recap • AWMS: must have Leak Detection System or Monitoring Wells

11. Developing a CNMP • Manure & Wastewater Handling & Storage • Land Treatment Practices • Nutrient Management • Record Keeping • Feed Management • Other Utilization Activities

12. Manure & Wastewater Handling and Storage This element addresses the components and activities associated with the production facility, feedlot, manure and wastewater storage and treatment structures and areas, and any areas or mechanisms used to facilitate transfer of manure and wastewater.

13. Nutrient Management This element addresses the requirements for land application of all nutrients and organic by-products (e.g., animal manure, commercial fertilizers, crop residues, legume credits, and irrigation water) that must be evaluated and documented for each Conservation Management Unit.

14. Land Treatment Practices This element addresses the land on which manure and wastewater from an animal feeding operations will be applied. Skill in applying soil loss prediction tools (RUSLE 2) is required.

15. Record Keeping • AFO owners/operators must document and demonstrate implementation activities associated with their CNMPs. • It is the responsibility of AFO owners and/or operators to maintain records that document the implementation and management of CNMPs.

16. Feed Management Feed management activities may be used to reduce the nutrient content of manure at the farm. Feed management activities may be dealt with as a planning consideration and not as a requirement that addresses specific criteria; however, AFO owners/operators are encouraged to incorporate feed management as part of their nutrient management strategy. 

17. Other Utilization Options Other Utilization Options at present has limited NRCS conservation practice standards associated with its development and implementation. This elements is a consideration in the planning process and does not require NRCS element certification.

18. Additional Considerations Additional considerations associated with CNMP development and implementation should be addressed. However, NRCS does not have specific required technical criteria for these considerations for CNMPs. These considerations are:  Air Quality Pathogens Salt and Heavy Metals

19. Air Quality AFO operators/owners should consider the impact of selected conservation practices on air quality during the CNMP development process. Air quality on land application sites may be impaired by excessive dust, gaseous emissions, and odors. Poor air quality may affect the health of workers, as well as animals and persons living in the surrounding areas. Ammonia emissions from animal operations may be deposited to surface waters, increasing the nutrient load. Soil incorporation of manure and organic by-products on land application sites can reduce gaseous emissions.

20. Pathogens AFO operators/owners should consider the impact of selected conservation practices on pathogen control during the CNMP development process. Pathogenic organisms occur naturally in animal waste. Exposure to some pathogens can cause illness in humans and animals, especially for immune-deficient populations. Many of the same conservation practices used to prevent nutrient movement from animal operations, such as leaching, runoff and erosion control, are likely to prevent the movement of pathogens.

21. Salt & Heavy Metals Build up of salt and heavy metals (i.e., arsenic, selenium, cadmium, molybdenum, zinc) in soils can create a potential for human and animal health problems and threaten soil productivity and crop marketability. Federal and State regulations do not address the heavy metal content associated with agricultural by-products. In developing a CNMP , the build-up of salt and heavy metals should be tracked through soil testing.