ACE Expo '99

In May of 1993, the Pennsylvania state legislature passed the Pennsylvania Nutrient Management Act which set the stage for nutrient management planning efforts in the Commonwealth. This law established a Nutrient Management Advisory Board to work with agency staff to develop nutrient management planning criteria which is effective and practical. This nutrient management planning criteria serves as the basis for required planning efforts under the state’s Nutrient Management Act as well as farmers which fall under the federal CAFO requirements.

I will briefly describe the state’s requirements established under the 1993 state law, and then I will describe how this fits into the other nutrient management regulatory programs which effect farm activities in Pennsylvania.

The State Conservation Commission is charged with the administration of the state’s Nutrient Management Act. The regulations were finalized and went into effect in October of 1997.

The Pennsylvania Nutrient Management Act requires higher density livestock and poultry farms to develop and implement approved nutrient management plans. The law defines the regulated community as those animal production facilities having more than two Animal Equivalent Units per acre. These higher density livestock and poultry farms (defined as Concentrated Animal Operations, CAOs, in the regulations) are thought to have a higher pollution potential. Required nutrient management plans must be developed by certified Nutrient Management Specialists who meet the certification requirements established by the Pennsylvania Department of Agriculture. CAO plans are generally developed by private sector specialists. The state’s program also provides funding to farmers to cost share the development of these plans.

Plans developed under the state’s program must include specific items to meet the regulations, but there is no set forms or format for the plans. Some of the main elements required in the plans include: amount of manure generated, nutrient content of the manure, realistic crop yields, nutrient needs per field or crop group, available nitrogen content of the manure, manure and fertilizer application rates balanced for nitrogen, amount of manure that will be exported, where exported manure will go and when, stormwater runoff controls to address problem areas, the correction of any faulty manure storage practices, and barnyard practices to keep manure out of the stream. Pennsylvania’s program is nitrogen based related to manure application rates. Phosphorus is addressed with required runoff control practices.

Once plans are developed they are submitted to the local conservation district for review and approval. Conservation districts work under a delegation agreement with the State Conservation Commission to administer the program at the county level. Conservation districts have certified specialists on staff to do the plan reviews and make a recommendation to the district board. Once plans are approved, they are to be implemented. Management practices are to be implemented as soon as practical, structural practices are to be implemented within 3 years. The program uses the design and construction standards established by the Natural Resources Conservation Service. Once nutrient management plans are in their final form, they are considered public record and are available to the public if requested.

In summary, the state’s Nutrient Management Act provides a proactive, consistent and supportive program to protect water quality and improve the efficiency of farm operations.

The above discussion related to those higher density (greater than 2 AEUs per acre) farms which are regulated under the state’s Nutrient Management Act, but all farms (AFOs) in the state are covered by the state’s Clean Streams Law and are required to protect the health and safety of the public through their farm operations. In general, the state does not require all farms to develop nutrient management plans, but does require all farms to keep manure out of the stream, and to apply the proper rate of manure based on crop nutrient needs. The state’s Manure Management Manual outlines guidelines for farmers to follow to address the proper handling of manure. State regulations require all farmers to follow the general guidelines in this manual, or they are required to obtain a permit or permission from the state’s Department of Environmental Protection (DEP). The state’s Clean Streams Law does not require a written nutrient management plan to be submitted to an agency, but if a problem were to occur on any farm, this regulation could be used to address that problem.

Lastly, the state has implemented an NPDES permitting program to address those larger operations federally defined as CAFOs. The state requires NPDES CAFO permits (either individual or general permits) for operations with greater than 1,000 AEUs (based on the Pennsylvania Nutrient Management Act’s definition of an AEU), for operations with 301-1,000 AEUs which are CAOs, and for operations with a direct discharge. This state permitting program requires an approved nutrient management plan, which relies on the nutrient management planning criteria established under the state’s Nutrient Management Act. All farms falling under this permitting program must have a conservation plan in order to get their permit approved. Those CAFOs with greater than 1,000 AEUs must also obtain a DEP Water Quality Part 2 Permit for the construction of new manure storages, they must develop a broad-based contingency plan, they are required to allow for a higher degree of public participation in the review of the farm plans, and a more intensive manure exporting section in the nutrient management plan.

In summary, Pennsylvania is overseeing the nutrient management activities of the farm community on several different levels. All farms are required to properly handle manure in accordance with the state’s Clean Streams Law, but submitted nutrient management plans are generally not required for all farms. High density livestock and poultry farms are covered under the state’s Nutrient Management Act which requires a plan to be developed, submitted, approved and implemented. The state’s CAFO permitting program requires farms with a relatively large number of animals to obtain an NPDES permit in order to operate the facility. This permit includes a nutrient management plan to address the storage, handling and application of manure, consistent with the state’s Nutrient Management Act planning and implementation criteria.