25 Pa. Code § 83.301 - Excess manure utilization plans

(a) General. If manure will be exported for use off the NMP operation at known agricultural operations for agricultural land application, the following applies:

(1) The plan must include signed agreements, on a form acceptable to the Commission, between the NMP operation and each importing operator agreeing to accept the manure from the exporting operation. If the importing operator will be applying manure on lands rented or leased to that importing operator, the agreement must state that the importing operator has the authority to apply manure on the leased or rented lands.

(2) The importing operator is responsible for the proper handling and application of the imported manure accepted from an exporter, in accordance with subsection (b).

(3) An NMP operation exporting manure shall also be responsible for the proper handling and application of the exported manure if the NMP operation, or an employee or contractor of the operation, applies manure at the importing operation.

(4) The plan must demonstrate how the exported manure will be properly managed. This must be done by use of either nutrient balance sheets or approved nutrient management plans, and signed agreements with importers, under this subchapter.

(b) Restrictions on land application of exported manure. The land application of manure exported from an NMP operation must address the risk and impacts of nitrogen and phosphorus loss to waters.

(1) Nitrogen shall be addressed under § 83.293(b) (relating to determination of nutrient application rates).

(2) Phosphorus shall be addressed by one of the following, as selected by the operator:

(i) The rate at which phosphorus is applied may not exceed the level of phosphorus removal from the soil by the planned crop as determined under § 83.293(c), and the manure may not be applied within 150 feet from the top of the bank of an intermittent or perennial stream, a lake or a pond.

(ii) For crop management units with documented soil test levels of phosphorus less than 200 PPM, manure may not be applied within 150 feet from the top of the bank of an intermittent or perennial stream, a lake or a pond.

(iii) Manure application shall be determined in accordance with § 83.293(c).

(iv) Manure application shall follow a nutrient management plan approved by the Commission or delegated conservation district under this subchapter.

(3) The setbacks in § 83.294 (relating to nutrient application procedures) apply to land application of manure exported from an NMP operation.

(c) Nutrient balance sheets . The method, rate and timing for any land application under subsection (b)(2)(i)-(iii) shall be described in a nutrient balance sheet. Nutrient balance sheets must include the following:

(1) A map which identifies the crop management units where the manure is planned to be applied, location for field stacking and applicable setbacks under § 83.294 and this section.

(2) Documentation of the selected method used to address nitrogen and phosphorus on the crop management units receiving the imported manure. Acceptable methods are those described in this section.

(3) If options in subsection (b)(2)(i)-(iii) are used, the calculations associated with determining the manure application rate appropriate to the selected nitrogen and phosphorus management option used.

(4) The date when the nutrient balance sheet was developed.

(5) The name and signature of the certified planner or broker that developed the nutrient balance sheet.

(d) Commercial manure haulers. If the NMP operation will utilize a commercial manure hauler for the hauling or application of the exported manure, only those haulers that hold a valid and current certification under Act 49 may be used. The plan must include a statement indicating that any commercial manure haulers used for implementation of the plan shall hold a valid and current certification under Act 49.

(e) Brokers. If manure will be exported for use off of the NMP operation through a manure broker, the following apply:

(1) The plan must include a signed agreement, on a form acceptable by the Commission, between the operation exporting the manure and each broker agreeing to accept manure from the exporting operation. Brokers are responsible for the proper handling and storage (where applicable) of the manure accepted from the NMP operation. Only brokers that meet the requirements of Act 49 shall be acceptable in the plan.

(2) If the manure accepted by a broker shall be land applied to agricultural operations for crop production, the broker shall be responsible for the following:

(i) Ensuring that nutrient balance sheets exist for the relevant crop management units on the importing operations, and that the importing operator is provided with nutrient balance sheets with respect to that manure.

(ii) Implementing manure application rates and applicable setbacks described in § 83.294, and any nutrient balance sheet and approved nutrient management plans, if the broker will be responsible for land application of the manure.

(iii) Retaining copies of all nutrient balance sheets.

(f) Other uses of manure away from the operation. If manure will be exported for use off of the NMP operation for use other than agricultural land application, the plan must include the following information:

(1) The name and general location of the importing agricultural operation.

(2) A brief description of the planned use for the imported manure.

(3) The amount of manure the operator plans to export to the importer annually.

(4) The planned season for the manure export.

(5) A signed agreement between the NMP operation and each importing operation agreeing to accept the manure for this use, on a form acceptable to the Commission.

(g) Other uses of manure on the operation. If manure is to be processed or utilized on the NMP operation in a manner other than for agricultural land application, the plan must briefly describe the planned use of the manure, including the amount planned to be processed or utilized annually.

(h) Use of open advertising systems. If manure is to be exported for use off of an NMP operation existing on October 1, 1997, by using an open advertising system and the importers cannot be identified at planning time, the following apply:

(1) The plan must describe the proposed marketing scheme, including the estimated amount of manure planned to be marketed annually using an open advertising system.

(2) An operator may only utilize this method of exporting manure if the operator meets the manure broker requirements for certification under Act 49.

(3) Where the marketed manure will be utilized for application to crop fields, the exporting operation shall ensure that nutrient balance sheets exist for the relevant crop management units on the importing operations, and the importing operator is provided with the nutrient balance sheets. These nutrient balance sheets shall be retained by the exporting operation, the importing operation and any commercial manure hauler involved in the exporting of the manure. Nutrient management plans implemented at the importing operations may be used instead of nutrient balance sheets.

(4) The setbacks in § 83.294 apply to land application of manure exported from an NMP operation under this paragraph.

(i) Exceptions. The plan is not required to provide the specific exported manure details as provided in subsections (a)-(h) if an importer receives less than the following amounts of manure from the NMP operation on an annual basis:

(1) 5 tons of solid poultry manure.

(2) 25 tons of solid nonpoultry manure.

(3) 10,000 gallons of liquid manure.

Notes

25 Pa. Code § 83.301

The provisions of this § 83.301 amended June 2, 2006, effective 10/1/2006, 36 Pa.B. 2636.

This section cited in 25 Pa. Code § 83.201 (relating to definitions); 25 Pa. Code § 83.204 (relating to applicability of requirements); 25 Pa. Code § 83.261 (relating to general); 25 Pa. Code § 83.272 (relating to content of plans); 25 Pa. Code § 83.294 (relating to nutrient application procedures); and 25 Pa. Code § 83.343 (relating to alternative manure utilization recordkeeping).