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Nutrient Management Regulations and the Equine Industry

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Proceedings available at: http://www.extension.org/67710 …

Proceedings available at: http://www.extension.org/67710

State and federal agencies are implementing stronger nutrient regulatory laws including equine operations. Nationwide, equine has increased by 77% since 1997; and there are 9.5 million horses in the United States (AHC, 2005). All horse farms are covered under the Federal Animal Feeding Operation (AFO) these laws are regulated through the Environmental Protection Agency (EPA); state requirements may be more stringent than federal.

Presented by: Ann Swinker

Published in: Education

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  • 1. Nutrient Management Regulations and the Equine IndustryA.M. Swinker1, C.A. Williams2, A.O. Burk3, K. Anderson4, C. Skelly5, M.L. Westendorf21Pennsylvania State University, University Park, PA; 2 Rutgers, the State University of New Jersey, New Brunswick, NJ; 3University ofMaryland, College Park, MD; 4University of Nebraska, Lincoln, NE; 5Michigan State University, East Lansing, MIState and federal agencies are implementing stronger nutrient regulatory laws includingequine operations. Nationwide, equine numbers have increased by 77% since 1997; andthere are 9.5 million horses in the United States (AHC, 2005). All horse farms are coveredunder the Federal Animal Feeding Operation (AFO) and these laws are regulated through theEnvironmental Protection Agency (EPA); state requirements may be more stringent thanfederal. Pennsylvania requires any farm housing animals to write a Manure ManagementPlan, regulated by Department of Environmental Protection, and kept on file at the farm anddoesn’t need to be approved, unless it is a Concentrated Animal Operation (CAO) orConcentrated Animal Feeding Operation (CAFO). New Jersey requires facilities with as fewas 8 animal units (AU) to develop animal waste management plans. The rule is tiered withlarger farms (> 300 AU) having to complete a certified nutrient management plan, farms of 8-299 AU complete a self-certified plan, and the smallest farms (< 8 AU) complete no plan. InDelaware one horse equals 1.25 AU; properties with seven or more horses must comply. TheVirginia Department of Conservation and Recreation manages agricultural nutrients found infertilizers, manure, and focus on BMPs, P-Index management. VA defines AFOs as 150horses, kept in confinement for 45 days/yr. In 2010, West Virginia Department of Agricultureestablished the nutrient management certification program for equine. Maryland’s WaterQuality Improvement Act, affect horses in 2004; horse operation making $2,500 gross annualincome or houses 8 AUs must file plans. Farms with 75 horses are subject to statepermits. Kentucky’s 1998 Act requires operation with 14 contiguous acres develop aplan. Twenty-five states administer a state NPDES, CAFO Program with other state permitprogram.ABSTRACT• Governmental agencies are concerned about non-point sources of pollution and havefocused on agriculture as a major contributor to water quality issues. Equine operations arenow included in these regulations. Many state’s laws have regulated equine farms requiringfarm managers to incorporate conservation practices.• Federal law states that equine operations with at least 500 head of horses that are inconfinement for 45 days (nonconsecutive) over a 12 month period are considered a CAFO.State requirements may be more stringent than the federal requirement. A specific farmoperations requirements are spelled out in their permit and it is against those requirementsthat the state and EPA will inspect an operation and evaluate compliance.• In some states a horse farm may be regulated by more than one agency. Each horse farmshould have a plan for managing manure, pastures and mud. Agencies are focusing onequine operations because of the large number of high density farms.• Chesapeake Bay Executive Order to reduce the amount of nitrogen and phosphorusentering the Chesapeake Bay has impacted agriculture.INTRODUCTIONSTATE’S EQUINE NUTRIENT MANAGEMENT REGULATIONS --- SURVEY RESULTSPennsylvania is a state that has more than one regulation. In 2011, any farm that houses oneanimal in the state of Pennsylvania will have to have a written Manure Management Plan,meeting the guidelines provided in the PA Department of Environmental Protection’s ManureManagement Manual. The plan needs to be kept on file at the farm and doesn’t need to beapproved, unless the farm is a Concentrated Animal Operation (CAO) 8 AU & acreage limit,or Concentrated Animal Feeding Operation (CAFO) (> 500 AU).Arkansas Federal Animal Feeding Operation (AFO/CAFO) Regulation are regulated throughthe Environmental Protection Agency (EPA). Nutrient management planning is mandatory inmany instances, record keeping and developed by a certified planner. A farm has to have atleast 500 horses, must be in confinement for 45 days (nonconsecutive) over a 12 monthperiod. Some horse farms may be eligible for federal financial incentive programs,Environmental Quality Incentives Program (EQIP). Farms located in identified nutrient-sensitive areas of the state may be required to do more regulation due to Arkansas Acts 1059and 1061, took effective in 2004.Virginia The Virginia Department of Conservation and Recreation works to manage bothurban and agricultural nutrients found in fertilizers, manure, municipal sewage sludge andother sources. Regulations focus on manure management, BMPs, P-Index management,and VA has a “no discharge” permit requirement. The state regulates animal feedingoperations and defines them as150 horses, 300 slaughter steers or 200 dairy cattle; and arekept in confinement for 45 days, over a 12 month period.New Jersey The New Jersey Department of Agriculture coordinates the Animal WasteManagement Regulations that requires facilities with as few as 8 animal units (AU = 1000 lb.of animal) to develop animal waste management plans. Agricultural managementprofessionals in New Jersey assist livestock operations in preparing environmentallyresponsible animal waste management plans. The rule has a tiered approach with onlylarger farms (>300 AU) having to complete a fully certified nutrient management plan. Thefarms have more than 8 AU will complete a self-certified plan. The smallest farms (< 8 AU)will not be required to complete any plan; however, they are encouraged to do so.Delaware Delawares law dictates that anyone with 8 AUs have a waste management plan,which provides specific guidelines about where and how to store manure and document whatis done with it. In Delaware, one horse equals 1.25 AUs, so only properties with seven ormore horses must comply. Also, if fertilizer is applied to 10 or more acres, one must have anutrient management plan. (DE, DOA, 2011)STATE NUTRIENT MANAGEMENT REGULATIONSEquine operations are treated differently among the various states. In some states a horse farm may beregulated by more than one agency. However, horse farms should have a conservation plan tomanage manure, pastures and mud. In some states, state requirements may be more stringent thanthe federal requirement. Therefore, farm managers should be aware of their state’s nutrientmanagement law(s)!DISCUSSIONAmerican Horse Council. 2005, The economic impact of the horse industry in the United States, Washington, DC.Fiorellino, N.M., K.M. Wilson, and A.O. Burk. 2013. Characterizing the use of environmentally friendly pasture management practices by horsefarm operators in Maryland. J Soil Water Conserv. 68:34-40.Swinker, A., S. Worobey, H. McKernan, R. Meinen, D. Kniffen, D. Foulk, M. Hall, J. Weld, F. Schneider, A. Burk, M. Brubaker, 2011, Profile of theEquine Industry’s Environmental, Best Management Practices and Variations in Pennsylvania, J. Eq. Vet. Sci. 30:44176.Westendorf, M. L., T. Joshua, S. J. Komar, C. Williams, and R. Govindasamy. 2010. Manure Management Practices on New Jersey EquineFarms. Prof. Anim. Sci. 26:123-129.REFERENCESOBJECTIVEMaryland In 1998 the Water Quality Improvement Act, took effect and horses were included July of2004. The regulatory agency is the Maryland Department of Environment (MDE). However, in additionMaryland will also be regulated under the EPA Chesapeake Bay TMDL. Under the Water QualityImprovement Act, horse operations that make $2,500 gross annual income or house 8 AUs arerequired to file a plan.North Carolina North Carolina 1993 developed its own water quality permitting program through theN.C. Division of Water Quality (DWQ), Department of Environmental & Natural Resources (DENR).Facilities are subject to state permits if they include 75 head of horse (or 100 confined cattle) in theoperation.Kentucky Water Quality Act 1998 requires a plan be developed for any operation with land base of 14contiguous acres. Twenty-five states administer a state NPDES CAFO Program with some other statepermit, license, or authorization program. In most cases, this additional state authorization is aconstruction or operating permit.Twenty-five states administer a state NPDES CAFO Program with some other state permit, license, orauthorization program. In most cases, this additional state authorization is a construction or operatingpermit.Objective was to summarize nutrient management regulations in the “Eastern States” asdetermined by phone surveys of agencies and university extension specialists.Figure 2. Equine manure Handling FacilityStates Equine Population State Regs. N & P Based P-index Determination of Requirements Funding Match Soil test Manure test Local RequirementsAlabama 148,152 Yes N and P Yes See document for details State and Federal Yes No State requirementsArkansas 168,014 Yes N and P Yes See document for details State and Federal Yes NoArkansas Dept. ofEnvironmentDelaware 11,083 Yes N and P Yes 8 AUs DE, DOA,Florida 500,125 Yes N and P Yes NRCS and University of Florida State and Federal Yes YesFL Dept. of EnvironmentalProtectionGeorgia 179,512 Yes N and P Yes EPD currently, nutr/manure standards State/Federal/Grants Yes No No local requirementsKentucky 320,173 Yes N and P No 14 Contiguous Acres None Yes No KY Ag Water Quality ActLouisiana 164,000 Yes N and P Some NRCS regulate heavily State and federal N/A N/A N/AMaryland 79,100 Yes N and P Yes $2,500 gross annual income or 8AUs State RequirementsMichigan 155,000 Yes N and P No CAFO regs. for NMP, Manure Manage all farms Funding Available StateMississippi 13,063 Yes N and P Yes See document for details State and Federal Not required No StateNew Hampshire 14,681 Yes N and P Yes Usually through complaints taken State and Dept. of AG Yes Yes Each County differsNew Jersey 83,000 Yes N and P Yes 7-299 AUs conservation plan, 300 AUs CNMP Federal Funded StateNorth Carolina 256,269 Yes P and N Yes NRCS, USDA,NCDA, 100 Cattle, 75 horses See document Yes PLAT (P levels)Pennsylvania 255,000 Yes N and P Yes CAOs>2 AEUs/acre & 8 AUs, MNP all farms Minimal Yes YesState Conserv Com, PAEPASouth Carolina 94,773 Yes N and P Yes Incorporated into land application regulations State Not required No State level, local levels