Updates for the H2Ohio program - Sam Mullins, Ohio Department of Agriculture, from the 2020 Conservation Tillage and Technology Conference, held March 3-4, 2020, Ada, OH, USA.

1. Ohio Department of Agriculture
Division of Livestock Environmental Permitting
Samuel Mullins, P.E.
ODA-DLEP Chief
Samuel.Mullins@agri.ohio.gov
614-728-4215 office
614-361-4316 cell
2020 Conservation Tillage Conference
March 3rd , 2020

2. DLEP Staff
• Division Chief
• Program Administrator
• Division Engineers (3)
• All PEs
• Division Inspectors (4)

3. ODA-DLEP Laws and Rules
Ohio Revised Code 903 – http://codes.ohio.gov/orc/903
Ohio Administrative Code 901:10 – http://codes.ohio.gov/oac/901%3A10
This information can also be found at our website -
https://agri.ohio.gov/wps/portal/gov/oda/divisions/livestock-environmental-permitting

4. Size of Facility for Large CAFF
• 700 mature dairy cows
• 1,000 beef cattle (or dairy heifers)
• 2,500 swine weighing 55 lbs. or more
• 10,000 swine weighing less than 55 lbs.
• 82,000 chickens, laying hens
• 125,000 chickens, other than laying hens (broilers, pullets)
• 55,000 turkeys
• 500 horses
*Other specie category could require a permit, but not listed.
**a Major CAFF (MCAFF) is 10 times the size of Large CAFF (i.e. 820,000 layer facility is MCAFF)

5. Number of Permitted Facilities
• Dairy – 44
• Beef – 6
• Swine – 95
• Poultry – 104
• Horses – 4
• Turkeys – 1
• Total – 254 Total Facilities
(22 are MCAFFs)

7. Permit Summary
• 254 Permitted Facilities
• 11 Permits to Install issued in 2019 (6 new, 5 for expansion)
• 51 Permits to Operate issued in 2019 (8 new, 43 renewals)
• 16 Permit to Install/Permit to Operate applications currently under review
• 35 Permit to Operate renewal applications currently under review
• 33 facilities have an open PTI for construction

8. Permit to Install (PTI)
• Required for any newly constructed or expanding livestock facility
above Large Concentrated Animal Feeding Facility (CAFF) size
designation.

9. Permit to Install
• Local Notification
• Siting Criteria
• Geological Report
• Sizing of Manure Storage
• Design of Manure Storage
• Construction Specifications
• Complete set of Engineer Plans (P.E.)
• Construction Quality Control
• Final Inspection/Review of QC/As-Builts
• Final Sign-off for Stocking or Use

10. Permit to Operate (PTO)
• CAFFs are required to have a Permit to Operate
• PTO is valid for a five-year period
• At which point the CAFF is required to submit a PTO renewal application.

11. Permit to Operate
• Manure Management Plan
• Land Application (Regulations)
• Groundwater Monitoring (if applicable)
• Insect and Rodent Control Plan
• Mortality Management Plan
• Emergency Response Plan
• Operating Records

12. Manure Management Plan
• Monitoring and Inspection Frequencies for:
• Land Application Equipment
• Manure Storage and/or Treatment Facilities
• Land Application
• Nutrient Management
• Nutrient application restrictions/limitations
• Soil Tests every 25 acres or less (3 years or less)
• Phosphorus Risk Assessment
• Nitrogen Risk Assessment
• Maps/Setback Restrictions

13. Routine Inspections
• Federal Rules recommends an inspection of permitted facilities once
every five years.
• DLEP conducts a minimum of 1 to 2 routine inspections of each
permitted facility during a calendar year. Some are inspected more.
• Arguably the most vital aspect of DLEP

14. Certified Livestock Manager
• Requirements
• Ohio Revised Code 903.07 required the Director of Agriculture to established
this certification program
• Ohio Administrative Code 901:10-1-06 establishes the rules/regulations for
CLMs
• Land Application – OAC 901:10-2-10 through 901:10-2-16 are rules/regs most
applicable to CLMs.

15. Certified Livestock Manager
• Who HAS to be certified?
• At least one individual at each Major CAFF
• Any livestock manure broker that buys, sells, or land applies or any livestock
manure applicator that land applies and transports:
• >4,500 dry tons of solid manure annually
• >25 Million Gallons of liquid manure annually

16. Opportunities for Improvement

17. Points of Emphasis
• Soil Sampling/Testing
• Risk Assessment
• Manure
Sampling/Characterization
• Nutrient Application Rates
• Evaluating Soil Conditions
• General Conditions
• Available Water Capacity
• Monitoring Tile Outlets
• Maintaining Land Application
Setbacks
• Record Keeping
• Calibration
• More…

18. Soil Sampling
• Soil sample results shall be less than 3 years old
• One soil sample can represent 25 acres or less
• Phosphorus concentrations can be tested using the Bray-P1 and
Mehlich III methods
• Soil sample results shall be recorded on your manure application
record

19. Soil Tests
• Still land application events where soil tests are not maintain or
consulted.
• Bottom Line – Don’t apply manure without consulting an up to
date soil test (representing less than 25 acres)
• How can you justify applying nutrients without a soil test?
• You can’t complete a risk assessment without one!

20. Soil Tests & Risk Assessment
• Phosphorus Soil Test Risk Assessment Procedure

21. Manure Sampling/Characterization
• Manure analysis is directly related to the manure sample.
• Well representative sample = accuracy
• Poor sample = inconsistency (How do you know what you are applying?)
• Factors to Consider When Sampling Manure:
• Timing
• Composite vs. Grab
• Location of sample(s)
• Volume of sample
• Type of manure (solid or liquid)
• Ensure sample is homogenous
• And as always…Treat the manure like a resource!

22. Manure Sampling/Characterization

23. Nutrient Application Rates
• Preparation – Calculate application rates prior to application!
• Land application of manure shall be conducted to:
• Utilize nutrients at an agronomic rate
• Minimize nutrient runoff to waters of the state
• Account for prior application events
• We have tools that can help!

24. Nutrient Application Rates
• What you need to calculate proper nutrient application rates:
• Representative manure analysis
• Up to date soil tests
• Next crop and/or crop rotation
• Crop Yields
• Crop nitrogen requirements
• Crop(s) phosphate requirements
• Time of application
• Method of Application

26. Evaluating Soil Conditions
• General Conditions
• Typical moisture: dry, cracked, wet, muddy
• Cover: vegetation, residue, fallow
• Percent cover?
• Drainage: Drained vs. undrained
• Preferential Flow Paths!
• Available Water Capacity
• AWC determined at time of application for liquid manure
• Evaluate the entire upper 8 inches of manure.
• Know the soil type(s)
• Check tile for flow before application
• Application Rate shall not exceed the AWC of the soil

27. Evaluating Soil Conditions

28. Monitoring Tile Outlets
• OAC 901:10-2-16(B)(3) – When liquid manure is
applied to a land application area with subsurface
drains and concentrated surface flow areas,
documentation shall be made of periodic
observations of subsurface drains, use of drain
outlet plugs, drain outlets…for liquid manure flow
during and after application in operating record.
Monitor and document concentrated flow areas
during and after application as well.

29. Land Application Setbacks
• Preparation – know where the setbacks are before you step foot into the
field.
• Lear how to identify setbacks or other sensitive areas by looking at a map.
• Document setbacks you followed in operating record.
• Manage turns at end of rows.

36. Record Keeping
• Maintain complete and accurate records!
• We have land application forms, but you can use your own.
• …still needs to cover all requirements
• Can be electronic.

38. More Points of Emphasis
• Weather forecast
• Stockpiling requirements
• Emergency Response/Planning
• Dust
• Methods to minimize odors
• Incorporation – are you actually incorporating?
• Equipment calibration
• Nitrogen application rates in summer months

39. New Regulations?
NoNot Yet

40. New Regulations?
• What is in the “pipeline”
• 5-year rule review – Majority of DLEP rules are under review.
• ODA has filed for an extension twice, buying us 12-months
• NPDES Delegation
• Impacts to rules not entirely known yet, but we expect some changes to OAC 901:10
• NRCS 590 Standard (Nutrient Management) Update
• Committee has been meeting since December to update/revise standard
• Any changes to this standard could impact DLEP rules, especially OAC 901:10-2-14
• Tri-State Fertilizer Recommendations
• Also going through an update
• Out soon?

41. New Regulations?
• What we have been hearing from the public:
• Requests to permit “medium” livestock facilities
• Examples: 200-699 dairy cows, 750-2,499 swine >55 lbs.
• Reduction in phosphorus soil test thresholds for manure application
• No application of manure above “agronomic” threshold identified by Tri-State Fertilizer
Recs
• Require additional treatment processes for facilities managing liquid manure
• Dewatering, nutrient removal, secondary and tertiary (pathogen reduction) treatment
• Requiring minimum acreage per animal unit
• Current MMPs are based off of manure volume and nutrient generation

42. What Questions do you have for me?

43. ODA-Division of Livestock Environmental
Permitting
614-387-0470
1-800-282-1955 (ask for DLEP)
lepp@agri.ohio.gov
https://agri.ohio.gov/wps/portal/gov/oda/divisions/livestock-
environmental-permitting