Final Regulatory Revisions PA Nutrient Management Act

1. Final Regulatory Revisions PA Nutrient Management Act

2. NMA Program Revisions • Revised NM law passed in July of 2005 • Only legislation arising from Governor’s ACRE initiative • Rescinded Act 6 of 1993 – replaced by Act 38 of 2005 • Act 38 retained much of Act 6 language • Act 38 was developed to provide further protection for citizens and farmers • For Citizens • Year-round manure application setbacks • Odor management requirements • For Farmers • Legal challenge of local ordinance outside the court system • Final revised Act 38 regulations published June 2006 • Went into effect on October 1, 2006

3. Major Regulatory Changes • Who is regulated? • Includes all livestock operations, including pleasure & recreation (horse boarding) • Excludes any operation < 8 AEUs • What are these operations required to have? • Standard format Nutrient Management Plan • Speed up plan writing/review process • All specialists have a copy of the new standardized plan • Same standard plan for CAOs and Volunteers

4. Major Regulatory Changes • Nutrients included in NMPs • Nitrogen (N), Phosphorus (P) and Potassium (K) • N and P are the only regulated nutrients • N = to meet annual crop removal • P = P Index analysis • K application is not regulated • Application rate of K is not restricted in the plan • Information required for agronomic purposes

5. Major Regulatory Changes • Notification of landowners • For plans including rented land, renters notify landowners that manure will be applied to their land • Check-box on the plan indicating notification took place • Landowner signature not required • Conservation plans (Ag E&S) requirement • New operations cannot get NM plan approved until: • C.D. confirms a current conservation plan exists for farm • Existing operations (as of October 1, 2006): • C.D. needs to confirm that a current conservation plan exists by October 1, 2009 (3 years from the effective date)

6. Major Regulatory Changes • Year-round manure application setbacks • 100’ setback or 35’ setback • 35’ setback only applies if a permanent vegetated buffer exists or is established adjacent to: • Perennial and intermittent streams • Lakes and ponds • Existing open sinkholes • 100’ setback for private and public drinking water wells/springs • No 35’ setback/buffer option

7. Major Regulatory Changes • Manure exporting requirements • Signed Agreements (standard form) • Exporter/Importer • Amount of manure to be supplied, acres/animals at importer, other manure received by importer, storage/stacking, applied based on NBS or NMP, setbacks, no end date for the agreement • Exporter/Broker • Amount of manure to be supplied, broker information, Act 49 compliance, broker accept responsibility, no end date for the agreement • Nutrient Balance Sheets addressing N and P (map) • Nitrogen applications limited to crop uptake • 4 options to address Phosphorus management • 150’ setback and P removal application rate (no soil tests) • 150’ setback and N application rates if soil tests < 200 ppm P • P Index (no 150’ setback) • Develop an approved NM Plan for the importing site

8. Major Regulatory Changes • Manure exporting requirements (continued) • If brokered, the broker will provide NBS, not exporter • New importer • Submit Signed Agreements & NBS by export time (update) • Importer approval every 3 years • Commercial haulers/brokers must be certified under Act 49 – Commercial Hauler and Broker Certification Act • Small quantity exclusion from export requirements • 25 tons solid non-poultry manure • 5 tons solid poultry manure • 10,000 gallons liquid manure

9. Major Regulatory Changes • Phosphorus management • P Index required (cropland and pasture) • Other farm-specific, SCC-approved method • 5-yr expanded P Index flexibility for existing farms • P Index “ High” rating expanded to 150 P Index value • 5-yr P Index flexibility is not allowed for: • Fields draining to SP streams • Expansion of AEUs on the operation > 20% (since October 1, 2006) • Change from VAO to a CAO due to more animals • New animal type on the operation • P Index flexibility for “very high” rated pastures: • P removal stocking rate; 50’ setback; NRCS prescribed grazing standard (528)

10. Major Regulatory Changes • Additional restrictions on fields near Special Protection streams • No 5-year expanded P Index “High” rating • Must run the full P Index on these fields • Screening tool (Part A) alone, not allowed • Additional fall manure application restrictions • For fall manure application on bare ground (less than 25% cover, such as corn silage ground) • Cover crop established, or • Injection of manure at time of application, or • Incorporate the manure within 5 days using low disturbance practices

11. Major Regulatory Changes • Winter manure application restrictions • Winter manure application fields and conditions must be listed and approved in the NM plan • Definition of winter • December 15 – February 28, or • Soil frozen at least 4 inches, or • Snow covered ground • Winter application fields must have at least 25% cover (residue or live plants) • Must follow additional winter application setbacks • 100’ from intakes to ag drainage systems • 100’ from defined NWI wetlands adjacent to EV streams

12. Major Regulatory Changes • In-field manure stacking is to address the following: • Maximum of 120 days without covering or other improvement • Cone or windrow shaped • Location identified in the NMP or NBS maps • Not within 150’ of streams, lakes, ponds, wells, sinkholes • Not on excessively drained soils, or high water table • Not on slopes > 8% • Not in water concentration areas

13. Major Regulatory Changes • Soil and manure testing • Soil testing…(required every three years) • Manure testing…(required annually for each group) • Exclusion for small animal groups and pastures • Test for ammonium N, total N, P2O5, K2O, % solids • Additional manure storage setbacks • 100’ from intermittent stream (was only perennial) • 100’ from prior-defined wetland next to EV stream • Additional manure application rate restriction • Maximum 9,000 gallons/acre per application • Unless calculations demonstrate runoff is unlikely

14. Major Regulatory Changes • Revisions to funding (cost-share) programs • PDIP • Cost share for a plan revision to meet new regulations • Cost share soil and manure analysis (lab tests) • Plan Maintenance Program…(updates, amendments) • Allows for annual payments to keep plans up to date • Prioritizes CAOs • Alternative technology construction projects supported • Multi-operational projects allowed • Eliminates very small operations from grant program • Those operations having < 8 AEUs (or VAOs between 8-15) • Provides for a cover crop program

15. In Conclusion • New Act 38 regulations went into effect on October 1, 2006 • Existing plans will be phased into the new requirements consistent with the 3-yr review • Exception: the setback requirements for all CAOs and their importers became effective January 2006 • New plan submissions need to meet the new requirements immediately • Many program changes - requirements farm-specific • Many plans will change very little • Contact your planner or local conservation district