Ohio Admin. Code 901:10-2-14 - Contents of manure management plan: land application methods
This rule establishes best management practices that govern land application of manure on land application areas. The land application of manure at each land application area shall be conducted to utilize nutrients at agronomic rates, and to minimize nutrient runoff to waters of the state and shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code. The discharge of manure to waters of the state from a facility as a result of application of that manure by the facility to land application areas is a discharge from that facility subject to NPDES requirements except where it is an agricultural stormwater discharge. Where manure has been applied in accordance with this rule and an approved manure management plan, a precipitation-related discharge of manure from land application areas is agricultural stormwater discharge.
(A) The manure management plan shall contain
procedures on how manure shall be transported to land application areas in a
manner that minimizes loss or spillage, and how spills will be promptly cleaned
up or removed.
(B) Manure
application rate - testing criteria:
(1) The
manure application rate shall be based on the land application area's soil
tests conducted in accordance with rule
901:10-2-13 of the
Administrative Code and that are no older than three years.
(2) The manure application rate shall be
based on the most current manure test results conducted in accordance with rule
901:10-2-10 of the
Administrative Code. The manure test results expressed as a nutrient percentage
shall be converted into either pounds per ton of dry or wet manure or pounds
per one thousand gallons of liquid manure.
(C) General criteria for manure application.
The manure application rate shall be based on the most limiting factor of rates
derived from paragraphs (B) to (G) of this rule, including factors derived from
all appendices to this rule, whichever factor is determined to be the most
restrictive factor for purposes of protecting waters of the state.
(1) For liquid manure:
(a) The crop nitrogen requirements or removal
of nitrogen described in paragraph (D) of this rule, expressed in thousands of
gallons of manure per acre;
(b) The
phosphate application limits as described in paragraph (E) of this rule,
expressed in thousands of gallons of manure per acre;
(c) The restrictions on the rate of liquid
manure applied, taken from notes (1) and (5) in appendix A table 2 to this
rule, with volume expressed as a measure of gallons per acre or inches per
acre;
(d) The application rate
shall not exceed the available water capacity of the soil as described in
appendix B to this rule;
(e) The
application rate shall be adjusted to preclude surface ponding and/or runoff
from a land application area.
(2) For solid manure:
(a) The crop nitrogen requirements or removal
of nitrogen as described in paragraph (D) of this rule expressed in pounds per
ton of dry manure per acre;
(b) The
phosphate application limits as described in paragraph (E) of this rule
expressed in pounds per ton of dry manure per acre;
(c) The restrictions on the rate of solid
manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule
with volume expressed as a measure of tons/acre.
(3) All land applications of manure shall
comply with all restrictions contained in appendix A to this rule unless a
compliance alternative is submitted and approved by the director. As a
compliance alternative, the concentrated animal feeding operation or certified
livestock manager may demonstrate that a setback or buffer is not necessary
because implementation of alternative conservation practices or field-specific
conditions will provide pollutant reductions equivalent or better than the
reductions that would be achieved by the one hundred foot setback or a thirty
five foot vegetated buffer. As a compliance alternative, the concentrated
animal feeding facility or certified livestock manager may demonstrate that a
soil listed in appendix A, table 1 to this rule is not prone to flooding in a
particular county in which land applications of manure are planned, through
reference to the current United States department of agriculture, natural
resources conservation service, web soil survey for the county.
Comment: The natural resources conservation service and the Ohio state university have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to "United States Department of Agriculture - Natural Resource Conservation Service. Field Office Technical Guide - Conservation Practice Standard 633. Columbus, Ohio, June 2003." A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.
(4) For all land application of liquid
manures, the owner or operator shall maintain or have access to methods or
devices to capture or stop subsurface drain flow if liquid manure reaches the
subsurface drain outlets. Use of drain outlet plugs or other devices shall be
recorded in the operating record in accordance with rule
901:10-2-16 of the
Administrative Code.
(5) Calculate
the total amount of nitrogen and phosphate to be applied to each field,
including sources other than manure such as commercial fertilizer or other
organic by-products.
(6) Land
application of manure by means of surface application shall not occur if the
forecast contains a greater than fifty per cent chance of precipitation as
determined in "Managing Manure Nutrients at Concentrated Animal Feeding
Operations, Appendix M, United States Environmental Protection Agency,
EPA-821-B-04-006, August 2004," exceeding an amount of one-quarter inch for
hydrologic soil group D soils and one-half inch for hydrologic soil group A, B,
and C soils, for a period extending twenty-four hours after the start of land
application. Record weather conditions in the operating record for conditions
at the time of application and for twenty-four hours prior to and following
application. A copy is available for review at the Ohio department of
agriculture website http://agri.ohio.gov/.
(D) The manure application rate for nitrogen
shall be based on the following criteria:
(1)
The application rate for nitrogen shall be based on utilization of crops at the
recommended agronomic rates and based on minimum runoff and leaching that may
impact waters of the state.
(2) In
determining the agronomic rate for nitrogen, the owner or operator shall do the
following:
(a) Determine the nitrogen
requirements or removal rates for the realistic yield goal of planned crops
using nutrient amounts from appendix C, tables 1, 2 or 3 to this
rule.
(b) Subtract the nitrogen
credit for crop residue, legumes, and other sources of nitrogen to be given to
the next crop in accordance with values for previous crops given in appendix C,
table 4 to this rule;
(c) When
applying nitrogen to a grass or legume cover crop that is growing or being
established immediately after manure application, manure can be applied at the
recommended nitrogen rate for the next non-legume crop or the nitrogen removal
rate for the next legume crop.
(3) In determining how to minimize nitrogen
leaching that may impact waters of the state, the owner or operator shall do
the following:
(a) Assess each land
application area with the Ohio nitrogen leaching risk assessment procedure
contained in appendix C, table 5 to this rule;
(b) If the nitrogen leaching risk assessment
procedure completed in accordance with paragraph (D)(3)(a) of this rule
demonstrates that the land application site has a high nitrogen leaching
potential and no growing crop, then application of manure shall be limited to
fifty pounds of nitrogen per acre calculated at the time of application prior
to October first.
(4) In
calculating the actual rate of application of nitrogen from manure, the figures
in appendix C, table 6 to this rule shall be used along with the manure test
results conducted according to rule
901:10-2-10 of the
Administrative Code.
(5) The
requirements of paragraph (D) of this rule may be changed only if the owner or
operator can demonstrate to the director nutrient insufficiency in accordance
with the presidedress nitrate soil test procedures of tables 7 and 8 in
appendix C to this rule.
(E) The manure application rate for phosphate
shall be determined using the soil test analysis obtained pursuant to rule
901:10-2-13 of the
Administrative Code and the following criteria:
(1) Prior to the land application of manure,
land application areas shall be assessed with either the phosphorus index risk
assessment procedure in appendix E, table 1 to this rule or the phosphorus soil
test risk assessment procedure in appendix E, table 2 to this rule. The manure
application rate for phosphate shall be limited in compliance with the
applicable provision in the:
(a) Generalized
interpretation of phosphorus index and management column in appendix E, table
1, to this rule, or
(b) The
application criteria in appendix E, table 2, to this rule.
(2) The phosphate requirements for the
realistic yield goals of planned crops, crop rotations, and\or plant biomass
shall be determined using amounts from appendix C, table 1 to this
rule;
(3) Phosphate applications
between two-hundred fifty pounds per acre and five hundred pounds per acre are
not recommended but may be made if the values for liquid manure exceed sixty
pounds phosphate per one thousand gallons and if the values for solid manure
exceed eighty pounds phosphate per ton and application is subject to these
additional requirements:
(a) No manure
application shall occur on land with soil tests that exceed more than one
hundred parts per million Bray P1;
(b) No manure application shall occur on
frozen or snow-covered ground;
(c)
The manure shall be incorporated within twenty-four hours;
(d) No additional phosphate application shall
be made for a minimum of three years on fields with soil tests that measure
less than forty parts per million Bray P1 or equivalent; and
(e) No additional phosphate application shall
be made for a minimum of five years on fields with soil tests between forty and
one-hundred parts per million Bray P1 or equivalent.
(4) Notwithstanding the procedures in
paragraph (E) of this rule but subject to the restrictions in appendix B to
this rule, for a single phosphate application in a year, the application rate
shall not exceed five hundred pounds per acre of phosphate.
(F) Land application for crops or
other uses not listed in appendix C to this rule will be considered on a
case-by-case basis. The owner or operator shall submit existing published or
documented data that is acceptable to the director.
(G) General criteria for frozen and
snow-covered ground. In addition to complying with all of the criteria in
paragraphs (A) to (F) of this rule, the following actions are required for
surface application of manure to land with frozen or snow-covered ground.
If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.
The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.
Manure injection or manure incorporation performed within twenty-four hours at the land application site is the preferred alternative to surface application of manure.
Solid manure with less than fifty per cent moisture shall be stockpiled at the land application site in lieu of manure application on frozen or snow covered ground.
Surface application of manure on frozen or snow-covered ground is prohibited unless performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.
(1) Application.
(a) Prior approval for each surface
application of manure shall be obtained from the director or his designated
representative.
(b) Except as
required by paragraph (G)(1)(g) of this rule, the application rate is limited
to ten wet tons per acre for solid manure with more than fifty per cent
moisture.
(c) Except as required by
paragraph (G)(1)(g) of this rule, the application rate is limited to five
thousand gallons per acre for liquid manure.
(d) Applications are to be made on land with
at least ninety per cent surface residue cover at the time of application such
as good quality hay or pasture field, all corn grain residue remaining after
harvest, and all small grain residue cover remaining after harvest. Vegetation
or residue shall not be completely covered by ice or snow at the time of
application.
(e) Manure ponding
shall be prevented.
(f) Manure
shall not be applied on more than twenty contiguous acres. Contiguous areas for
application are to be separated by a break of at least two hundred feet. Areas
that are furthest from streams, ditches, waterways, and\or surface waters are
to be utilized in preference to areas with the potential for surface water
runoff.
(g) Setbacks from surface
waters and conduits to surface waters, (including grassed waterways and surface
drains) shall be a minimum of two hundred feet. Setbacks shall have at least
ninety per cent surface residue cover and vegetation or residue shall not be
completely covered by ice or snow at the time of application.
(h) For application fields with slopes
greater than six percent, manure shall be applied in alternating strips sixty
to two hundred feet wide generally on the contour, or in the case that the
field is managed in contour strips with alternative strips in grass or legume,
manure shall only be applied on alternative strips. Manure application rates
shall be determined for each separate application strip area and not the area
of the entire application field.
(i) Any manure application with phosphorus
exceeding two hundred and fifty pounds per acre is prohibited.
(2) Monitoring.
(a) Concentrated field surface drainage and
tile outlets shall be visually monitored at the conclusion of manure
application and periodically afterwards when weather, temperature increase,
snowmelt and rainfall are likely to produce manure runoff. Periodic visual
monitoring shall continue until manure is assimilated into the application
field and is no longer likely to discharge into waters of the state.
(b) Upon discovering a discharge to waters of
the state, the owner or operator shall notify the department within two hours
of detection of the runoff event.
(c) In addition to the visual monitoring and
reporting in this paragraph, the owner or operator shall collect representative
grab samples from the discharges of land applied manure into waters of the
state at the point that the discharge enters waters of the state (i.e.
concentrated field surface runoff or field tile outlet discharge prior to
entrance to surface waters) and have the sample analyzed for ammonia nitrogen
levels.
(d) The owner or operator
shall:
(i) Collect the sample within thirty
minutes of the first knowledge of the discharge; or
(ii) If the sampling in that period is
inappropriate due to dangerous weather conditions, the owner or operator shall
collect the sample as soon as possible after suitable conditions occur and
shall document the reason for delay.
(e) The owner or operator shall report the
results of the discharge event to the department within fourteen days of
occurrence. The report shall, at a minimum, contain the sample results,
describe the reason for the discharge, the location, estimate of quantity and
duration of the discharge, and duration of the precipitation leading up to the
event, any measures taken to clean up and eliminate the discharge, and copies
of land application records. Laboratory results not available at the time of
the report submitted shall be submitted to the department within five days of
receipt.
(f) If the ammonia
nitrogen level in a water quality sample is determined to be twenty-six mg\L or
greater in the discharge at the point it enters waters of the state, then
additional surface application of manure to frozen and \or snow covered ground
is prohibited on the field where the runoff event occurred.
(g) In the event that an owner or operator
complies with all of the requirements of paragraph (G) of this rule and runoff
enters waters of the state resulting in ammonia nitrogen level in a sample
determined to be twenty-six mg \L or greater in three application events
authorized in accordance with paragraph (G)(1)(a) of this rule, then additional
surface application of manure to frozen and/or snow covered ground shall be
prohibited for the duration of the permit.
(h) In the event that the owner or operator
fails to comply with the land application requirements for frozen or snow
covered ground, including but not limited to prior notice, and approval for
each application pursuant to paragraph (G)(1)(a) of this rule, notice of
discharge, monitoring and record keeping, for more than two surface land
application events, then land application on any frozen or snow-covered ground
shall be prohibited for that owner or operator for the duration of the permit
upon receipt of a third notice of deficiencies resulting in noncompliance
pursuant to section 903.17 of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.02, 903.03, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10
Prior Effective Dates: 07/02/2002, 09/15/2005, 01/29/2007, 01/23/2009, 09/01/2011, 02/16/2012, 06/08/2014
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