Michael Brubaker (Nutrient Management Program Coordinator, SCC)

1. Seasonal Snags;Seasonal Snags;
Full Manure Storages, WinterFull Manure Storages, Winter
Spreading, & other TryingSpreading, & other Trying
ChallengesChallenges
Innovative Ag Workshop, Farming in 2014
February 20, 2014
Mike Brubaker
State Conservation Commission
(717) 705-1688
mibrubaker@pa.gov
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2. 2
Animal Operations in PA
CAFOsCAFOs
(370+(370+)
 All Animal Operations (AOs)
All operations generating/utilizing manure
* Regulated by PA DEP
 Concentrated Animal
Operations (CAOs)
High animal density farms
farms > 2,000 lbs/acre animal density
* Regulated by PA SCC
 Concentrated Animal Feeding
Operations (CAFOs)
Based on animal numbers and/or animal density
Farms > 1,000 AEUs, CAOs > 300 AEUs, EPA head #’s
* Regulated by PA DEP (for US EPA)
CAOs
(1,115+)
AOs (40,000+)AOs (40,000+)

3. 3
General Requirements…
 All animal farms
 Manure Management Plan (pre-approved standardized format)
 Can be written by farmer
 Addresses manure application as well as ACAs, pastures and barnyards
 No submission , review or approval
Higher density animal farms (CAOs)
 Nutrient Management Plan, more detailed plan format
 Must be written by certified planner
 Plan must be submitted, reviewed and approved by cons district
Larger animal farms (CAFOs)
 Nutrient Management Plan, like for CAOs (submission and approval)
 DEP CAFO Permit
AOs
CAOsCAOs CAFOs

4. 4
Manure Management Plans
(MMPs)
Required by Clean Streams Law -Chapter 91 (1977)
Required of all farms generating or using manure
 Or must have a plan written to a higher standard (Act 38 NMP,
CNMP )
 Includes very small (one horse) operations
 Includes farms without animals if manure is used
Manure management planning for smaller farms
Different from a NMP (nutrient management plan)
Addresses manure application, manure storage, and exercise
/loafing areas
AOsAOs

5. 5
Act 38 Nutrient Management Plans (NMP)
Required by Act 38 of 2005
Addresses all nutrients (not just manure)
 More in depth than DEP’s MMP
 Developed by certified planners
 Signed by Farmer
 Reviewed and approved by County Conservation Districts
Signed Agreements with manure importers
Nutrient Balance Sheets for importing
farms
compare with slide 4
CAOCAO
ss

6. Both MMPs (Manure Mgmt. Plans)
& NMPs (Nutrient Mgmt. Plans)
“Winter” is defined as anytime any one of the
following are true:
The date is on or between Dec. 15 to Feb. 28, or
The ground is frozen 4 inches or more, or
The ground is snow covered
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7. Winter …manure application restrictions
Maximum application rate for the winter months :
 5,000 gallons /acre of liquid manure
 20 tons /acre dry non-poultry manure
 3 tons / acre dry poultry manure
25% plant or residue cover at application time
No winter application on slopes steeper than 15%
 A, B and C slopes acceptable
* Compare to
Manure Management Plans (MMPs)
AOsAOs
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8. 8
Nutrient Management Plans (NMP)
Winter… manure application restrictions:
 No pre-set application rates
 Rates are specific to each individual plan
 However, rates are run through / evaluated by
 P-Index
 Winter Matrix
 Conservation District
 >25% plant or residue cover at time of spreading
 100’ setback from pipe-outlet Ag drainage systems (pipe-
outlet terraces)
 Method must be described in approved plan
* Compare with slide 7
CAOCAO
ss

9. 9
Nutrient Management Plans (NMP)
Winter… manure application restrictions:
 Specific to CAFOs
 Need to notify DEP within 7 days prior to
spreading.
 Understand that EPA is pressuring PA DEP to
not allow any winter spreading
CAOCAO
ss

10. 10
Overflowing Manure Storages
?? What’s the BIG deal ??

11. An OverflowingAn Overflowing
Waste StorageWaste Storage
Q: So what’s the big DEAL?
A: Its against the law!
 CAOs ………………….Act 38
 CAFOs ………………..Chapter 92 (CAFO Permit)
 All farms…............Clean Streams Law /
Chapter 91 / MMM
 All farms ………….….PA Fish & Boat Commission
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12. Chapter 91Chapter 91
MMM RegulationsMMM Regulations
Section 5 ….Managing manure in
structures
 Freeboard must be maintained at all
times
 12” for ponds / lagoons
 6” for all others
 Must document no evidence of overtopping
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13. Act 38 RegulationsAct 38 Regulations
83.203 …Purpose of Act 38 NMP
 Assure proper utilization and mgmt. of nutrients
 Protect quality of surface and groundwater
83.293 ….Application Rates
Application rates shall be developed to protect
surface and ground water
N may not be over applied
P must be managed
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14. Act 38 RegulationsAct 38 Regulations
83.311 …Manure Management
 Existing manure mgmt. practices need to
prevent surface or groundwater
pollution from 25-year, 24-hour storm
event
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15. Act 38 RegulationsAct 38 Regulations
83.351 …Manure storage
standards
 Applies to all new and expanded storages.
 Structures need to be designed, constructed,
located, operated, maintained ….in a manner
that protects surface and groundwater, and
prevents offsite mitigation of nutrients.
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16. Act 38Act 38
RegulationsRegulations
83.206 …Limited liability
 Limited liability protection is only afforded
to those with approved NMPs, and have
records to show that they are following
their plan.
 i.e. No NMP is written to allow for
storage overflows
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17. Act 38Act 38
RegulationsRegulations
83.312 …Emergency Response
Plans
 Site specific plan listing the operator’s planned
emergency response to deal with a leak or spill
that would cause harm to surface or
groundwater.
 BMP-specific Contingency Plans for waste
storages are addendums to Emergency
Response Plans

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18. 18

19. Act 38Act 38
RegulationsRegulations
83.372 …Amendments due to
unforeseen circumstances
 Provide one time opportunity to go outside
the approved NMP
 Written by certified NM specialist
 Submitted to CD within 30 days
 No BOD approval required
 Temporarily becomes part of existing NMP
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20. Act 38Act 38
RegulationsRegulations
83.372 …Amendments due to
unforeseen circumstances
 Applicable to unforeseen weather
conditions which significantly impact plan
implementation
 Also applies to
 contagious disease outbreaks
 equipment and storage failures
 Unanticipated loss of acres
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21. >> GuidanceGuidance <<
Be Pro-ActiveBe Pro-Active
Know how fast storage is filling
 Keep records of distance to freeboard
 Required for CAFOs & non-CAOs
Check leak detection system often
If possible, divert material away from
storage
 Check rain gutters
 Remove snow from barnyard
 Field stack solids
 Make sure all upslope water is cut off 21

22. >> GuidanceGuidance <<
Be Pro-ActiveBe Pro-Active
Haul to other storages
 On farm
 Neighbors’ storages?
Have Emergency Response Plan handy
Be in contact with:
 Hauler ………...keep up-to-date on the urgency
 CD / NRCS ……may be able to locate
additional storages
 Planner ………..may need to amend plan
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23. If spreadingIf spreading
becomes absolutelybecomes absolutely
necessarynecessary
DON’T TRY TO HIDEDON’T TRY TO HIDE
Have NM Specialist certify one-time rates
Contact hauler
 Be specific, ..need to come NOW!
 Be prepared to contact 2nd
hauler if need be
Call conservation district
Call DEP (if CAFO)
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24. > Guidance <> Guidance <
If spreading becomesIf spreading becomes
absolutely necessaryabsolutely necessary
Do the least amount of damage
 Haul just enough ……don’t empty storage
 Haul only to highest ground
 Haul to fields with the most cover
 Grass hay most preferred
 Well established cover crop second choice
 Expand setbacks …don’t take unnecessary
risks
Think ahead, “what can possibly goThink ahead, “what can possibly go 24

25. Act 38 Regulations
Amendments Due To Unforeseen
Circumstances
NM Tech Manual, NMP Summary (pages 4-5):
Chosen fields need >25% cover
Chosen fields need Winter Matrix & P-Index run
Any additional setbacks need stressed
Certified Planner needs to determine (reduced) rate
Certified planner determines how much manure actually
needs spread, vs. what can wait until spring
Need to contact CD (& DEP for CAFOs) prior to hauling
Amendment Due To Unforeseen Circumstance
due at CD within 30 days 25

26. >> GuidanceGuidance <<
If StorageIf Storage doesdoes overflowoverflow
Do everything possible to keep manure out
of stream
Do whatever can be done to contain manure
 Dig a sump / build an earthen berm
 Stake and /or stack straw bales
 Redirect flow to a safer outlet
 Lengthen path to stream
 Use any available absorbent materials
 Straw, hay, sawdust, fodder, feed, ……
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27. >> GuidanceGuidance <<
If StorageIf Storage doesdoes overflowoverflow
Get on the phone ASAP
 Call hauler
 Call DEP
 Call CD
 Call Twp. if Twp. road or road ditch is involved
 Call PA State Police if potential driving hazard
 Call neighbors if manure gets in sinkhole
Run to DEP & CD, NOT awayRun to DEP & CD, NOT away
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