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The Good, Bad and Ugly Of
Manure Applications in 2017
2018 Conservation Tillage and
Technology Conference
March 6th, 2018
Kevin H. Elder, Chief
ODA – Division of Livestock
Environmental Permitting
Elder@agri.ohio.gov
614/387-0469 Office 614/582-7880 Cell
The Good!
 Every Year More Manure is being applied
better to and for crop production!
 Number of Warnings, NOV’s and NOD’s is
decreasing.
The Good! (Continued)
 We have been having
100 to 150 attending
CLM Training each year
and certifying an
additional 20 to 30
each year and with a
total of 299 certified
currently.
 Number of complaints
on permitted facilities
was only 24, with 9 of
those valid.
The Good! (Continued)
 Number of Complaints
on Certified Livestock
Managers was 21,
with only 13 of them
Manure application.
 Additional training
occurring at Manure
Science Review and
here at ADA is helping
get additional
understanding.
One Ohio Government Agency Has Authority
Over Manure Application
Department of
Agriculture
Commercial
Fertilizer
Manure from all
other Livestock
Facilities
Division of Soil
andWater
Conservation
Division of Livestock
Environmental
Permitting
Division
of Plant
Health
Manure from Permitted
Livestock Facilities,
Certified Livestock
Managers
Effective Jan. 1,
2016
Division of Soil and Water
Conservation and Local SWCD’s
Historical Authority
 “Agricultural Pollution” means failure to
use management or conservation
practices … to abate the degradation of
waters of the state by animal manure or
soil sediment
 Those BMP’s are defined in the Technical
Standards of the USDA-NRCS Technical
Guide (for the most part)
What is DSWC/SWCD’s
Agricultural Pollution
Abatement?
7
Program philosophies:
 A fair enforcement procedure emphasizing
local review and peer evaluation.
 A public complaint procedure.
 A technical assistance service.
 Desire for voluntary compliance through a
cooperative solution.
 “Waters of the state” –all streams,
lakes, ponds, wetlands, watercourses,
waterways, wells, springs, irrigation
systems, drainage systems, and all other
bodies or accumulations of water, surface
and underground, natural or artificial
DLEP, DSWC & SWCD Historical
Authority/Definitions
ODA’s Division of Livestock
Environmental Permitting
Authority
 Is much more detailed and regulatory
 Ohio Revised Code Chapter 903 (Laws)
 Ohio Administrative Code 901:10 (Rules)
 Six Chapters covering Permits to Install and
Permits to Operate.
 Both Rules and Permits dictate what is required by
the larger facilities.
What’s the Newest?
 Senate Bill 1
 Effective July 3, 2015
 Includes new restrictions on:
 Manure and fertilizer application
 Dredging and disposal of dredged
material in Lake Erie
 Waste water treatment plants
What’s New? DSWC Civil Penalties
Agricultural Pollution Abatement Program
 1973 - Agricultural Nonpoint Pollution
Abatement Program began at ODNR
 1979 - First Pollution Abatement rules were
adopted
 1991 - Enforcement authority / Chief’s Order
 July 28, 2017 – Civil penalty authority
Trends over life of the program:
 Rules have become more lenient
 Penalties have become more strict
11
ORC 939.07 (A)(3)
The director may impose a civil penalty only if all of the following occur:
(a) The owner or operator is notified in writing of the deficiencies resulting in
noncompliance, the actions that the owner or operator must take to correct the
deficiencies, and the time period within which the owner or operator must correct the
deficiencies and attain compliance.
(b) After the time period specified in the notice has elapsed, the director or the
director's designee has inspected the agricultural land or animal feeding operation,
determined that the owner or operator is still not in compliance, and issued a
notice of an adjudication hearing.
(c) The director affords the owner or operator an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code to challenge the determination of
the director or the director's designee that the owner or operator is not in compliance
or the imposition of the civil penalty, or both. However, the owner or operator may
waive the right to an adjudication hearing.
DSWCD Civil Penalties
DSWC Civil Penalties
 Minor
 1st Violation – up to $250
 2nd Violation – up to $1,000
 3rd Violation – up to $5,000
 Moderate
 1st Violation – up to $2,000
 2nd Violation – up to $5,000
 3rd Violation – up to $10,000
 Major – up to $10,000
ORC 939.08 / Senate Bill 1
ORC 939.09
(A) Except as provided in division (D) of this section, the
director of agriculture may assess a civil penalty against a
person that violates section 939.08 of the Revised Code. The
director may impose a civil penalty only if the director
affords the person an opportunity for an adjudication
hearing under Chapter 119. of the Revised Code to
challenge the director's determination that the person
violated section 939.08 of the Revised Code. The person
may waive the right to an adjudication hearing.
ODA can issue civil penalties for violations of WLEB
restrictions without corrective actions / NOD.
New Authority for Manure
 No person in the western basin shall
surface apply manure under any of the
following circumstances:
New Authority for Manure
 No person in the western basin shall
surface apply manure under any of the
following circumstances:
1. On snow-covered or frozen soil
New Authority for Manure
 No person in the western basin shall
surface apply manure under any of the
following circumstances:
2. When the top two inches of the
soil are saturated from precipitation
New Authority for Manure
 No person in the western basin shall
surface apply manure under any of the
following circumstances:
3. When the local weather forecast
for the application area contains
greater than fifty per cent chance of
precipitation exceeding one-half inch
in a 24 hour period
New Authority for Manure
 Restrictions do not apply if:
1. The manure is injected into the
ground
New Authority for Manure
 Restrictions do not apply if:
2. The manure is incorporated with
24 hours of surface application
New Authority for Manure
 Restrictions do not apply if:
3. The manure is applied onto a
growing crop
New Authority for Manure
 Restrictions do not apply if:
4. In the event of emergency, the
chief of the division of soil and water
resources or the chief’s designee
provide written consent…
New Authority for Manure
 Restrictions do not:
Prohibit on-site stockpiling of solid
manure.
New Authority for Fertilizer
 Senate Bill 1
 Effective July 3, 2015
 Rules going through JCARR process and
should be final by the end of January
 Includes new restrictions on manure and
fertilizer application
New Authority for Fertilizer
 No person in the western basin shall
surface apply fertilizer under any of the
following circumstances:
1. On snow-covered or frozen soil
2. When the top two inches of the soil
are saturated from precipitation
New Authority for Fertilizer
 No person in the western basin shall
surface apply fertilizer in granular
form under any of the following
circumstances:
3. When the local weather forecast for the
application area contains greater than fifty
per cent chance of precipitation
exceeding one-half one inch in a 24 12
hour period
 Restrictions do not apply if:
1. The fertilizer is injected into the
ground
2. The fertilizer is incorporated with
24 hours of surface application
3. The fertilizer is applied onto a
growing crop
New Authority for Fertilizer
 The director of agriculture may assess a
civil penalty
New Authority for Fertilizer
SB1 Permitted livestock farms
requirements
 New – Anyone taking and applying
manure from a permitted farm must be
either a Certified Livestock Manager or
Fertilizer Certified.
 ODA –Division of Livestock Environmental
Permitting’s rules do not allow manure
application on frozen and/or snow covered
ground…anywhere…except
What are some of the working
definitions?
 Snow Covered – when residue or ground
cannot be seen because of snow cover or
½ inch of ice or more.
 Frozen – ground that is not able to be
penetrated because or frozen soil moisture
 Saturated soil – occurs when all the pore
spaced are filled with water….above field
capacity
What are some of the working
definitions?
 Growing Crops – will vary by season, any
green plant that will be harvested or that
was planted as a cover crop that will not
winter kill. Has to have a reasonable %
ground cover.
 Weather prediction – Recommend using
http://weather.gov, but will accept any
copy of a forecast that shows predictions
and amounts for the 24 hours.
What are some of the working
definitions?
 Injection – placing the manure or fertilizer
beneath the soil surface.
 Incorporation – Tillage that mixes the
manure or fertilizer into the soil to a
average minimum depth of 4 inches, with
80% of the material covered with soil.
The Bad!
What has Gone Wrong!!
939.08 & A Growing Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
939.08 & A Growing
Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
2. Not following recommended application
rates or setbacks, leading to pollution
939.08 & A Growing
Crop
In January of 2018, examples of three ways the
“growing crop” exemption can lead to trouble:
1. Crop planted, but barely emerged
2. Not following recommended application rates or
setbacks, leading to pollution
3. Cover crops that winter kill are not
“growing”
Even when things are done
RIGHT, it can go to #%@^
 This summer we had several instances
where the rules were followed, but waters
of the state were impacted, fish killed…
Williams County
 Poultry litter application to wheat stubble.
 5 fields, ~ 2 tons/acre application rate.
 Farmer was planning on working it in and
planting a cover crop.
 Farmer had soil tests showing it needed
nutrients.
What could go wrong?
 Manure originated out of Mercer county
and was sold to farmer and applied by
CLM.
 CLM had looked at weather forecast.
 CLM had records of
everything but
weather forecast.
 We pulled the
forecast which
called for less than
50% chance of less
than ½ inch of
rainfall.
 CLM began
applying around
8:00 AM
 He stopped at 11:00 AM when it began
raining.
 They received 2.4 inches of rain in a short
time.
 This resulted in a $16,000.00 Fish Kill
There were several other
discharge incidents…
 We had several other fish kills this past
summer.
 One had applied liquid dairy manure after
taking off a cutting of alfalfa.
 Manure had
been applied on
August 1st .
 Rain event on
August 4th
caused a
discharge and
fish kill resulting
in several
thousand dollars
of restitution.
What do I need to do?
 If in doubt??? Don’t
do it!!!
 Have good records!
 Soil Test!
 Manure Test!
 Use nutrients where
needed!
 Keep weather
predictions!
 Look at condition of
soil at time of
application!
 Look at available
water holding
capacity!
 Watch tile outlets and
surface water
patterns!
 Watch field after first
rainfall!
What’s Next??
 Lots of rumors!!
 Something will
happen/change!
 Regulations seldom go
backwards!
 Discussions on
mandated nutrient
management plans.
 Additional BMP’s
required.
 Required Monitoring of
application fields till
after first rainfall event.
 Kevin’s wishes
 One set of rules for
everyone. (Permitted,
Grand Lake St. Mary’s,
WELB, small and
medium producers)
 Realize no rule is 100%
guaranteed effective.
(Mother Nature Rules)
 When everything is
being done correctly,
don’t penalize for what
can’t be controlled.
 Everyone would use
common sense (all sides)
The Really UGLY!!!!
and
I Have No Pity on Stupidity!
KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
KRAZYKEV2001@YAHOO.COM
614/565-9691
Questions?
Where are our regulations?
 Ohio Revised Code 903
 http://codes.ohio.gov/orc/903
 Ohio Administrative Code 901:10
 http://codes.ohio.gov/oac/901%3A10
How were our regulations
developed?
 Use of scientifically
developed and
reviewed BMP’s.
 Reviewed by 21
member CAFF
Advisory Committee.
 Reviewed and
Updated at least
every 5 years.
 What are some of the
references?
 USDA NRCS Ohio
Nutrient Management
Standard 590 (2012)
 Tri-State Fertility
Guide
 Manure and
Wastewater
Management Guide
 Current and on-going
edge of field research
What do you need to know?
 Manure Sampling
 Soil Sampling
 Crop Rotations
 Crop Yields
 Time of Application
 Method of Application
 Land application
restrictions
 Available Water
Holding Capacity
Manure Sampling
 Minimum of yearly
sample of every
structure and type of
manure
 Collect accurate
sample (agitated) as
close to application
time as possible
 Sample each type of
manure being applied
 Account for variables
Soil Sampling
 Follow minimum
University Stds.
 Every 3-4 years
 Represent no more
than 25 acres
 9-12 cores per sample
 Even depth of 6-8
inches
 Taken min. 6 months
after nutrient app.
Nutrient Recommendations for
Crops and Yields
 Tri-State Nutrient
Recommendations
 https://www.extension.purdue.ed
u/extmedia/AY/AY-9-32.pdf
 USDA-NRCS Ohio 590 Std.
 http://www.oardc.ohio-
state.edu/ocamm/images/OH_590
_Standard_2012.pdf
 Ohio Livestock Manure and
Wastewater Guide, Bulletin 604
 http://agcrops.osu.edu/specialists
/fertility/fertility-fact-sheets-and-
bulletins/bulletin_604.pdf/view
What are the limitations?
 No more Nitrogen
than the next crops
needs.
 Not more than 50 pounds if
no crop growing before
ground temp goes below
50 degrees.
 Recommend using Cover
Crops to capture N.
 Recommend using Pre-
Side-dress Nitrogen test.
 Recommend applications to
crops that require N.
What are the limitations?
 Phosphorus
 Keep in Agronomic range
to allow application for
rotations (15-30 PPM)
 No more than 250#
P2O5/year
 If Soil test is over 100
ppm, then only single year
application
 If manure is very
concentrated (over 80
#/ton) or soil tests very
high there are special
requirements
What are the Limitations?
 What is the
condition of the
soil at the time of
application?
 Compacted?
 Cracks?
 Earthworm
burrows?
 Root channels?
What are the limitations?
 How much liquid?
 No more than the
Available Water
Holding Capacity at
the time of application.
(can make more than
one application)
 If field is tiled, (most
Ohio soils are) No
more than ½ inch or
13,600 gallons/acre.
What are the limitations?
 No Frozen and/or Snow-covered Manure
Applications (on permitted farms since 2006)
 Any request must be an emergency.
 Must have looked at all other alternatives.
 Must have prior approved site meeting all additional
requirements.
What are the Limitations?
 Land Application Restrictions – Setbacks
from Surface waters
 Minimum of 100 feet of residue if surface
applied or
 35 feet of growing vegetation
Now for the Why’s
 Review of existing
information
 New research on
nutrient movement
here in Ohio
Probably some of the best summary
of Information on Phosphorus!
http://www.epa.state.oh.us/dsw/lakeerie/index.as
px#126087070-phase-i-information
Some of the Most Recent
Testing Information
Changes in Rainfall patterns
Rainfall Event Amounts
Effects of Rainfall
Effects of Rainfall
Research Results
Time of
Application
• Greatest potential
for surface and tile
losses occurs with
fall and winter
application
• Applying P in
spring or after
wheat harvest
seems to minimize
surface and tile
losses
Mehlich3STP(ppm)
0
20
40
60
80
100
120
140
160
180
Time of application
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
0
20
40
60
80
100
120
140
160
180
Surface Losses
Tile Losses
0.56 kg/ha 0.50 kg/ha
0.04 kg/ha
0.50 kg/ha0.06 kg/ha
Days since application
0 20 40 60 80 100 120 140
DRPconcentration(mg/L)
0
5
10
15
20
1/3/12: 225# MAP
11/13/13: 193# MAP
Effect of tillage on preferential flow and
phosphorus transport
TD2
TD1
0 50 100
meters
Drainage area
Tile outlet
Rain gauge
Ohio, USA
UBWC
Soil type: Silt loam
Tile depth: 3 ft
Soil test P: 30 ppm Mehlich-3P
Tillage: No-till
2014 management
May 6th – Applied 175 lb/ac of MAP
May 8th – Tilled field TD1 (disc)
(TD2 remained no-till)
Study Objective
Compare P transport before and
after tillage and between tilled and
no-till fields
0
20
40
60
80
100
120
140
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
0.00
1.00
2.00
3.00
4.00
5.00
0.0
0.2
0.4
0.6
0.8
1.0
1.2
1.4
0 20 40 60 80
Discharge
Preferential flow
DRP
Discharge(mm) Before P application & tillage
(April 28th)
DRP(mg/L)
TD1 TD2
0
20
40
60
80
100
120
140
0.0
0.2
0.4
0.6
0.8
1.0
1.2
1.4
0 20 40 60 80
Discharge
DRP
DRP(g/ha)
After P application & tillage
(May 12th)
0.0
1.0
2.0
3.0
4.0
5.0
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
0.0
1.0
2.0
3.0
4.0
5.0
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
TD1 TD2
0
20
40
60
80
100
120
140
0
0.2
0.4
0.6
0.8
1
1.2
1.4
0 20 40 60 80
0.0
1.0
2.0
3.0
4.0
5.0
0
0.2
0.4
0.6
0.8
1
1.2
1.4
0 20 40 60 80
0
20
40
60
80
100
120
140
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.58 Avg DRP (mg/L) =2.12
DRP Load (g/ha) = 12.6 DRP Load (g/ha) = 12.4 DRP Load (g/ha) = 18.2 DRP Load (g/ha) = 129.6
DRP(mg/L)DRP(g/ha)
Williams et al, 2015: unpublished
Tile drain
DRP(mgL-1
)
0.0
0.3
0.6
0.9
1.2
4.0
5.0
1 2 1 2 1 2 1 2 1 2 1 2 1 2
1 2 3 4 5 6 7
Storm event
a a a a
b
a
b
a
b
a
b
a
b
a
P application
& tillage
TD1
TD2
DRP concentrations in tile discharge
remain greater from the no-till field
compared to the tilled field even
after 5 storm events (>1 month)
Storm
Event
TD1
(tilled)
TD2
(no-till)
g/ha
1 12.6 12.4
2 16.5 19.7
3 18.2 129.6
4 54.8 210.3
5 1.7 3.9
6 0.6 1.5
7 2.0 3.8
Total 106.4 381.2
Incorporating the fertilizer
substantially decreased DRP
loads in tile drain discharge
Williams et al, 2015: unpublished
 P & N losses are impacted by:
 STP
 Connectivity to water
 Placement of P fertilizer
 Timing of fertilizer
 Rate of fertilizer
 Source and legacy effects
Conclusions
 Potential practices that may help address:
 Adherence to tri-state
recommendations or lesser application
 Avoiding fall and winter applications
 Accounting for manure in nutrient
calculations
 Subsurface placement of nutrients
(banding or injecting)
 Disconnecting hydrologic pathways
(DWM and blind inlets)
 Cover crops – soil health, increase
infiltration, reduce surface runoff, water
quality benefits not clear
 Gypsum – limited to concentration
reductions and increased infiltration
Conclusions
Working together - Interface between science and implementation
Consider multiple approaches – no simple answer
Science Implementation
Ag Retailers,
Crop Consultants,
Farmers,
Extension, ODA,
NRCS, ARS,
EPA
What is the solution?
KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
Questions?
New Regulations for Manure
and Fertilizers in Ohio
 Ohio legislature is moving quickly to prohibit
surface application of manure, fertilizers and
bio-solids to frozen and/or snow-covered
ground.
Sub. S. B. 1 & Sub. H. B. 61
 Both Bills are in response to addressing
Agriculture’s part in contributing to L.E.
Algae blooms and Toledo’s water issues.
 Both address Fertilizers and Manures.
 Legislation has passed both Senate and
House, but there are differences.
 Those differences are still being worked
out.
What is in each?
Fertilizer Provisions
(Regulated by ODA)
Sub. S.B. 1
 No person in the Western
Basin shall apply fertilizer
on:
 Frozen or Snow-covered soil.
 When top two inches are
saturated from precipitation.
 When the local weather
forecast is predicting more
than one inch of
precipitation in a twelve
hour period.
Sub. H.B. 61
 No person in the Western
Basin shall apply fertilizer
on:
 Same
 Same
 When the local weather
forecast is prediction mor
than ½ inch of
precipitation in a 24 hour
period.
What is in each? (Exceptions)
Sub. S.B. 1
 Unless:
 Fertilizer is injected into
ground.
 Fertilizer is incorporated
into ground within 48
hours.
 Fertilizer is applied to a
growing crop.
Sub. H.B. 61
 Unless:
 Same
 Fertilizer is incorporated
within 24 hours.
 Same
Enforcement provisions
 Director may respond to complaints
 May investigate any alleged violations
 Does not affect any permitted livestock
facilities. They have their own regulations
in law and rule.
 Is currently proposed for all watershed in
the Western Lake Erie Basin.
 Is specific to Nitrogen and Phosphorus.
Penalties
 Director may access a civil penalty.
 Penalty is to be established by rules, but not
more than $10,000.00 per violation.
 Any alleged person may request a
adjudication hearing
 Each 30 day period constitutes a separate
offence.
What is in each?
Manure Provisions
(Regulated by ODNR-DSWR)
Sub. S.B. 1
 No person in the Western
Basin shall apply Manure
on:
 Frozen or Snow-covered soil
 When top two inches are
saturated from precipitation.
 When the local weather
forecast is predicting more
than 1/2 inch of precipitation
in a 24 hour period.
Sub. H.B. 61
 No person in the Western
Basin shall apply Manure
on:
 Same
 Same
 Same
What is in each? (Exceptions)
Sub. S.B. 1
 Unless:
 Manure is injected into
ground.
 Manure is incorporated into
ground within 24 hours.
 Manure is applied to a
growing crop.
 Emergency provisions
provide for written
permission by Chief to
apply following the NRCS
590 standards.
Sub. H.B. 61
 Unless:
 Same
 Same
 Same
 Same Emergency
provisions. Additional
allowance of time for plan
to come into compliance.
Enforcement provisions
 Chief may respond to complaints
 May investigate any alleged violations
 Is currently proposed for all watershed in
the Western Lake Erie Basin.
 Does not apply to permitted facilities.
 House version has allowances for coming
into compliance plans.
Penalities
 Chief may access a civil penalty.
 Penalty is to be established by rules, but not
more than $10,000.00 per violation.
 Any alleged person may request a
adjudication hearing.
 Each 30 day period constitutes a separate
offence.
Other Provisions
Sub. S.B. 1
 OEPA authorized to
coordinate HAB
management and response.
 Lead free plumbing
 Study contributions of
nutrient loadings on Lake
Erie and Ohio River basins
 Monitoring of Water
Treatment Works
 Dredge Disposal
 Healthy Lake Erie fund
 Has immediate enactment.
Sub. H.B. 61
 Not in bill.
 Not in bill
 Not in Bill
 Same
 Same
 Not in Bill
 Requires OEPA to develop
similar Sludge rules.
What’s Next?
 The differences in the two versions will
have to be worked out.
 Probably will work on Senate Version.
 Is currently being negotiated.
 Anticipate passage within month.
Now, What’s the Science
behind the proposed laws?
 It begins with actions and attitudes of
utilizing nutrients for the crops, minimizing
loss, using the 4 R’s and ACT principles!
 4 R’s include’s infield practices of:
 Right material
 Right rate
 Right time
 Right place
 ACT includes infield, edge of field and
downstream practices of:
 Avoid, Control, Treat
Probably some of the best summary
of Information on Phosphorus!
http://www.epa.state.oh.us/dsw/lakeerie/index.as
px#126087070-phase-i-information
Phosphorus in Crop Production
What is the problem with
Nutrient Movement?
 By Long Term monitoring of the Maumee
 We have discovered that losses of Total
Phosphorus have decreased.
 That Nitrogen losses have remained the same
or decreased slightly.
 That Sediment loads have decreased.
 We have discovered that Dissolved Phosphorus
have increased since the mid 90’s.
 That the loss of Dissolved P/acre of watershed
has doubled over last 15-20 years
Phosphorus Impacts to Water
 Even though DRP has
doubled it is still a low
average between 2 & 4
#/acre and less than
5% of use of a Crop.
 Can’t see that…
 Hard to measure…
 Some losses are much,
much HIGHER!!
Edge-of-field instrumentation
H-flumes for surface runoff
Thel-mar compound weirs and
Isco area velocity sensors
for tile
4R Research Fund
USDA-ARS: USDA-Agriculture Research Service
CEAP: Conservation Effects Assessment Project
EPA: DW-12-92342501-0
Ohio Corn Growers
Funding Sources: CIG: 69-3A75-12-231 (OSU)
CIG: 69-3A75-13-216 (Heidelberg University)
MRBI: Mississippi River Basin Initiative
The Nature Conservancy
Eventmeanconcentration(mg/L)
0.0
0.5
1.0
1.5
2.0
2.5
surface
tile
DRP TP
Phosphorus Concentrations
Eventmeanconcentration(mg/L)
0.0
0.5
1.0
1.5
2.0
2.5
surface
tile
DRP TP
Phosphorus Concentrations
AnnualDRPloading(kg/ha/yr)
0.0
0.2
0.4
0.6
0.8
1.0
1.2
2.0
3.0
4.0
5.0
Tile
Surface
P Tack Force recommendation
AnnualTPloading(kg/ha/yr)
0.0
0.2
0.4
0.6
0.8
1.0
1.2
1.4
2.0
3.0
4.0
5.0
6.0
A B C D E F G H I J K L M N O P Q
Month
Precipitation(inches)
0
2
4
6
8
1982-2004
2005-2014
J F M A M J J A S O N D
Precipitation Trends
Time
Cumulative(1982-2014)dayswith
greaterthan2"ofprecipitation
0
5
10
15
20
25
30
1982 1986 1990 1994 1998 2002 2006 2010 2014
8 Events in 16 Years!
20 Events in 16 Years
Event Size
Fertilizer Source
DRPLoad(kg/ha)
0.0
1.0
2.0
3.0
5.0
5.5
6.0
DRPNO3-NLoad(kg/ha)
0
10
20
30
40
50
60
70
80
90
100
110
120
NO3-N
inorganic mixed organic
Fertilizer Source (chronic vs acute risk)
Fertilizer Rate
Discharge:Precipitation Ratio
0.0 0.2 0.4 0.6 0.8 1.0
Mehlich3STP(ppm)
0
20
40
60
80
100
120
140
160
180
300
400
500
<0.3 kg/ha
>0.3 kg/ha
tri-state critical level
tri-state maintencance level
Nutrient Rate
AnnualNO3-Nloading(kg/ha/yr)
0
10
20
30
40
50
60
70
80
90
100
110
120
tile
surface
A B C D E F G H I J K L M N O P Q
In addition to manure, applications of
ammonia and/or 28% is added before
planting and as side dress
Timing
Time of Application
• Greatest potential for
surface and tile losses
occurs with fall and
winter application
• Applying P in spring or
after wheat harvest
seems to minimize
surface and tile losses
Mehlich3STP(ppm)
0
20
40
60
80
100
120
140
160
180
Time of application
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
0
20
40
60
80
100
120
140
160
180
Surface Losses
Tile Losses
0.56 kg/ha 0.50 kg/ha
0.04 kg/ha
0.50 kg/ha0.06 kg/ha
Days since application
0 20 40 60 80 100 120 140
DRPconcentration(mg/L)
0
5
10
15
20
1/3/12: 225# MAP
11/13/13: 193# MAP
Placement
Broadcast variable rate application on May 6, 2014
4-part stratification
• Stratification evident even in the top 1” of soil
(ANOVA, P<0.001, n=232)
• Although the degree of stratification varied some…
• 85% of the samples had some degree of stratification
M3P (ppm)
0 25 50 75 100 125 300
Coredepth(inches)
0-1
1-2
2-5
5-8
Median
60
49
34
26
54.5
Source: Johnson and Baker, Heidelberg University
Effect of tillage on preferential flow and
phosphorus transport
TD2
TD1
0 50 100
meters
Drainage area
Tile outlet
Rain gauge
Ohio, USA
UBWC
Soil type: Silt loam
Tile depth: 3 ft
Soil test P: 30 ppm Mehlich-3P
Tillage: No-till
2014 management
May 6th – Applied 175 lb/ac of MAP
May 8th – Tilled field TD1 (disc)
(TD2 remained no-till)
Study Objective
Compare P transport before and
after tillage and between tilled and
no-till fields
0
20
40
60
80
100
120
140
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
0.00
1.00
2.00
3.00
4.00
5.00
0.0
0.2
0.4
0.6
0.8
1.0
1.2
1.4
0 20 40 60 80
Discharge
Preferential flow
DRP
Discharge(mm) Before P application & tillage
(April 28th)
DRP(mg/L)
TD1 TD2
0
20
40
60
80
100
120
140
0.0
0.2
0.4
0.6
0.8
1.0
1.2
1.4
0 20 40 60 80
Discharge
DRP
DRP(g/ha)
After P application & tillage
(May 12th)
0.0
1.0
2.0
3.0
4.0
5.0
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
0.0
1.0
2.0
3.0
4.0
5.0
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
TD1 TD2
0
20
40
60
80
100
120
140
0
0.2
0.4
0.6
0.8
1
1.2
1.4
0 20 40 60 80
0.0
1.0
2.0
3.0
4.0
5.0
0
0.2
0.4
0.6
0.8
1
1.2
1.4
0 20 40 60 80
0
20
40
60
80
100
120
140
0.00
0.20
0.40
0.60
0.80
1.00
1.20
1.40
0 10 20 30
Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.58 Avg DRP (mg/L) =2.12
DRP Load (g/ha) = 12.6 DRP Load (g/ha) = 12.4 DRP Load (g/ha) = 18.2 DRP Load (g/ha) = 129.6
DRP(mg/L)DRP(g/ha)
Williams et al, 2015: unpublished data
Tile drain
DRP(mgL-1
)
0.0
0.3
0.6
0.9
1.2
4.0
5.0
1 2 1 2 1 2 1 2 1 2 1 2 1 2
1 2 3 4 5 6 7
Storm event
a a a a
b
a
b
a
b
a
b
a
b
a
P application
& tillage
TD1
TD2
DRP concentrations in tile discharge
remain greater from the no-till field
compared to the tilled field even
after 5 storm events (>1 month)
Storm
Event
TD1
(tilled)
TD2
(no-till)
g/ha
1 12.6 12.4
2 16.5 19.7
3 18.2 129.6
4 54.8 210.3
5 1.7 3.9
6 0.6 1.5
7 2.0 3.8
Total 106.4 381.2
Incorporating the fertilizer
substantially decreased DRP
loads in tile drain discharge
Williams et al, 2015: unpublished data
Summary
 Nutrients applied on the surface have a
higher risk of movement if a rainfall runoff
event occurs soon after application!
 Soils with a high phosphorus soil test have a
higher risk of nutrient movement!
 Above the agronomic crop level
 The higher the test the higher the potential loss
 Tile losses of dissolved P are occurring!
 Frozen and snow-covered losses are HIGH!
Snowmelt 2015
• Runoff after manure application to frozen and
snow covered ground
• Events from 3/2 – 3/10/15 during snowmelt
Highlights from five locations in Ohio
Shelby County
Shelby County
• Swine manure
• Application to 20 acres on 3/5/15
• Discharge with snowmelt
Shelby County
Liquid manure application on top of snow
Shelby County
Straw bales and trench – attempt to prevent discharge
Shelby County
Same site during snow melt – water flowing around and entering ditch – 15ppm
ammonia
Paulding County
Paulding County
• Liquid dairy manure application
• Discharge with snowmelt
Paulding County
Dairy manure – no livestock at facility – emptying manure pond in preparation for
bringing livestock to the facility
Paulding County
Paulding County
Flow over snow and frozen ground during melt
Paulding County
Paulding County
Paulding County
Discharging to ditch on
right outside of photo
Mercer County
Mercer County
• In GLSM watershed
• Watershed in distress rules:
– after March first it is permissible to apply manure
on frozen or snow covered ground only when
manure is injected or incorporated within twenty-
four hours of surface application
• Three observed applications of manure on
frozen ground
Mercer County – Watershed in Distress
March 6 - Liquid dairy manure being applied to frozen ground without incorporation.
Solid heifer pen pack manure previously applied to area in right of photo.
Mercer County – Watershed in Distress
March 6 - Liquid dairy manure being applied to frozen ground and snow covered
ground without incorporation.
Darke County
Darke County
• Three complaints received
• During investigation, SWCD found six fields
with a manure discharge within a
approximately 1500 acre area
Darke County
Runoff from rotten silage disposed of in field
Darke County
Chicken litter spread to field in February – discharging to open ditch at 10ppm
ammonia (ditch not shown – to right of photo)
Darke County
Same site with straw bales
Darke County
Tile running – tested at 7ppm. With the ground frozen, tile flow would primarily be
from surface receivers and blowholes.
Darke County
Chicken litter was applied to the field without setbacks. Discharge observed to the
ditch at bottom right (approximately 50 ppm ammonia).
Darke County
Downstream of previous photo. Visual mixing of runoff from two fields. Tea colored, manure
polluted runoff entering on the left. Light brown, sediment rich runoff entering from the right.
Darke County
Field test for ammonia in runoff water.
Darke County
Solid manure applied uphill of this wheat field. Highlighted manure solids are flowing with
runoff water through field and into a tile receiver. Manure is pen pack from steers.
Ashland County
Cinnamon Lake
• Dairy manure application
• Discharge with snowmelt on 3/9/15
Meyer Farm – Manure Source
Dairy Manure
Application Field with
discharge to Cinnamon Lake
Approx. flow path to Lake
Runoff from frozen field
Runoff from frozen field
Flow through culvert en route to lake
Foam – Not Snow
Flow through culvert en route to lake
Snow
Flowing on top of ice into lake
Private Dock
Runoff flowing
on top of lake
surface ice
KEVIN ELDER
OHIO DEPARTMENT OF AGRICULTURE
8995 EAST MAIN STREET REYNOLDSBURG
OHIO 43068
ELDER@AGRI.OHIO.GOV
614/582-7880
Questions?

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Kevin Elder - The Good, Bad, Ugly Of Manure Applications In 2017

  • 1. The Good, Bad and Ugly Of Manure Applications in 2017 2018 Conservation Tillage and Technology Conference March 6th, 2018 Kevin H. Elder, Chief ODA – Division of Livestock Environmental Permitting Elder@agri.ohio.gov 614/387-0469 Office 614/582-7880 Cell
  • 2. The Good!  Every Year More Manure is being applied better to and for crop production!  Number of Warnings, NOV’s and NOD’s is decreasing.
  • 3. The Good! (Continued)  We have been having 100 to 150 attending CLM Training each year and certifying an additional 20 to 30 each year and with a total of 299 certified currently.  Number of complaints on permitted facilities was only 24, with 9 of those valid.
  • 4. The Good! (Continued)  Number of Complaints on Certified Livestock Managers was 21, with only 13 of them Manure application.  Additional training occurring at Manure Science Review and here at ADA is helping get additional understanding.
  • 5. One Ohio Government Agency Has Authority Over Manure Application Department of Agriculture Commercial Fertilizer Manure from all other Livestock Facilities Division of Soil andWater Conservation Division of Livestock Environmental Permitting Division of Plant Health Manure from Permitted Livestock Facilities, Certified Livestock Managers Effective Jan. 1, 2016
  • 6. Division of Soil and Water Conservation and Local SWCD’s Historical Authority  “Agricultural Pollution” means failure to use management or conservation practices … to abate the degradation of waters of the state by animal manure or soil sediment  Those BMP’s are defined in the Technical Standards of the USDA-NRCS Technical Guide (for the most part)
  • 7. What is DSWC/SWCD’s Agricultural Pollution Abatement? 7 Program philosophies:  A fair enforcement procedure emphasizing local review and peer evaluation.  A public complaint procedure.  A technical assistance service.  Desire for voluntary compliance through a cooperative solution.
  • 8.  “Waters of the state” –all streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial DLEP, DSWC & SWCD Historical Authority/Definitions
  • 9. ODA’s Division of Livestock Environmental Permitting Authority  Is much more detailed and regulatory  Ohio Revised Code Chapter 903 (Laws)  Ohio Administrative Code 901:10 (Rules)  Six Chapters covering Permits to Install and Permits to Operate.  Both Rules and Permits dictate what is required by the larger facilities.
  • 10. What’s the Newest?  Senate Bill 1  Effective July 3, 2015  Includes new restrictions on:  Manure and fertilizer application  Dredging and disposal of dredged material in Lake Erie  Waste water treatment plants
  • 11. What’s New? DSWC Civil Penalties Agricultural Pollution Abatement Program  1973 - Agricultural Nonpoint Pollution Abatement Program began at ODNR  1979 - First Pollution Abatement rules were adopted  1991 - Enforcement authority / Chief’s Order  July 28, 2017 – Civil penalty authority Trends over life of the program:  Rules have become more lenient  Penalties have become more strict 11
  • 12. ORC 939.07 (A)(3) The director may impose a civil penalty only if all of the following occur: (a) The owner or operator is notified in writing of the deficiencies resulting in noncompliance, the actions that the owner or operator must take to correct the deficiencies, and the time period within which the owner or operator must correct the deficiencies and attain compliance. (b) After the time period specified in the notice has elapsed, the director or the director's designee has inspected the agricultural land or animal feeding operation, determined that the owner or operator is still not in compliance, and issued a notice of an adjudication hearing. (c) The director affords the owner or operator an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the determination of the director or the director's designee that the owner or operator is not in compliance or the imposition of the civil penalty, or both. However, the owner or operator may waive the right to an adjudication hearing. DSWCD Civil Penalties
  • 13. DSWC Civil Penalties  Minor  1st Violation – up to $250  2nd Violation – up to $1,000  3rd Violation – up to $5,000  Moderate  1st Violation – up to $2,000  2nd Violation – up to $5,000  3rd Violation – up to $10,000  Major – up to $10,000
  • 14. ORC 939.08 / Senate Bill 1 ORC 939.09 (A) Except as provided in division (D) of this section, the director of agriculture may assess a civil penalty against a person that violates section 939.08 of the Revised Code. The director may impose a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the person violated section 939.08 of the Revised Code. The person may waive the right to an adjudication hearing. ODA can issue civil penalties for violations of WLEB restrictions without corrective actions / NOD.
  • 15.
  • 16. New Authority for Manure  No person in the western basin shall surface apply manure under any of the following circumstances:
  • 17. New Authority for Manure  No person in the western basin shall surface apply manure under any of the following circumstances: 1. On snow-covered or frozen soil
  • 18. New Authority for Manure  No person in the western basin shall surface apply manure under any of the following circumstances: 2. When the top two inches of the soil are saturated from precipitation
  • 19. New Authority for Manure  No person in the western basin shall surface apply manure under any of the following circumstances: 3. When the local weather forecast for the application area contains greater than fifty per cent chance of precipitation exceeding one-half inch in a 24 hour period
  • 20. New Authority for Manure  Restrictions do not apply if: 1. The manure is injected into the ground
  • 21. New Authority for Manure  Restrictions do not apply if: 2. The manure is incorporated with 24 hours of surface application
  • 22. New Authority for Manure  Restrictions do not apply if: 3. The manure is applied onto a growing crop
  • 23. New Authority for Manure  Restrictions do not apply if: 4. In the event of emergency, the chief of the division of soil and water resources or the chief’s designee provide written consent…
  • 24. New Authority for Manure  Restrictions do not: Prohibit on-site stockpiling of solid manure.
  • 25. New Authority for Fertilizer  Senate Bill 1  Effective July 3, 2015  Rules going through JCARR process and should be final by the end of January  Includes new restrictions on manure and fertilizer application
  • 26. New Authority for Fertilizer  No person in the western basin shall surface apply fertilizer under any of the following circumstances: 1. On snow-covered or frozen soil 2. When the top two inches of the soil are saturated from precipitation
  • 27. New Authority for Fertilizer  No person in the western basin shall surface apply fertilizer in granular form under any of the following circumstances: 3. When the local weather forecast for the application area contains greater than fifty per cent chance of precipitation exceeding one-half one inch in a 24 12 hour period
  • 28.  Restrictions do not apply if: 1. The fertilizer is injected into the ground 2. The fertilizer is incorporated with 24 hours of surface application 3. The fertilizer is applied onto a growing crop New Authority for Fertilizer
  • 29.  The director of agriculture may assess a civil penalty New Authority for Fertilizer
  • 30. SB1 Permitted livestock farms requirements  New – Anyone taking and applying manure from a permitted farm must be either a Certified Livestock Manager or Fertilizer Certified.  ODA –Division of Livestock Environmental Permitting’s rules do not allow manure application on frozen and/or snow covered ground…anywhere…except
  • 31. What are some of the working definitions?  Snow Covered – when residue or ground cannot be seen because of snow cover or ½ inch of ice or more.  Frozen – ground that is not able to be penetrated because or frozen soil moisture  Saturated soil – occurs when all the pore spaced are filled with water….above field capacity
  • 32. What are some of the working definitions?  Growing Crops – will vary by season, any green plant that will be harvested or that was planted as a cover crop that will not winter kill. Has to have a reasonable % ground cover.  Weather prediction – Recommend using http://weather.gov, but will accept any copy of a forecast that shows predictions and amounts for the 24 hours.
  • 33. What are some of the working definitions?  Injection – placing the manure or fertilizer beneath the soil surface.  Incorporation – Tillage that mixes the manure or fertilizer into the soil to a average minimum depth of 4 inches, with 80% of the material covered with soil.
  • 34. The Bad! What has Gone Wrong!! 939.08 & A Growing Crop In January of 2018, examples of three ways the “growing crop” exemption can lead to trouble: 1. Crop planted, but barely emerged
  • 35.
  • 36.
  • 37.
  • 38.
  • 39. 939.08 & A Growing Crop In January of 2018, examples of three ways the “growing crop” exemption can lead to trouble: 1. Crop planted, but barely emerged 2. Not following recommended application rates or setbacks, leading to pollution
  • 40.
  • 41.
  • 42.
  • 43.
  • 44.
  • 45. 939.08 & A Growing Crop In January of 2018, examples of three ways the “growing crop” exemption can lead to trouble: 1. Crop planted, but barely emerged 2. Not following recommended application rates or setbacks, leading to pollution 3. Cover crops that winter kill are not “growing”
  • 46.
  • 47.
  • 48. Even when things are done RIGHT, it can go to #%@^  This summer we had several instances where the rules were followed, but waters of the state were impacted, fish killed…
  • 49. Williams County  Poultry litter application to wheat stubble.  5 fields, ~ 2 tons/acre application rate.  Farmer was planning on working it in and planting a cover crop.  Farmer had soil tests showing it needed nutrients.
  • 50. What could go wrong?  Manure originated out of Mercer county and was sold to farmer and applied by CLM.  CLM had looked at weather forecast.
  • 51.  CLM had records of everything but weather forecast.  We pulled the forecast which called for less than 50% chance of less than ½ inch of rainfall.  CLM began applying around 8:00 AM
  • 52.  He stopped at 11:00 AM when it began raining.  They received 2.4 inches of rain in a short time.  This resulted in a $16,000.00 Fish Kill
  • 53. There were several other discharge incidents…  We had several other fish kills this past summer.  One had applied liquid dairy manure after taking off a cutting of alfalfa.
  • 54.  Manure had been applied on August 1st .  Rain event on August 4th caused a discharge and fish kill resulting in several thousand dollars of restitution.
  • 55. What do I need to do?  If in doubt??? Don’t do it!!!  Have good records!  Soil Test!  Manure Test!  Use nutrients where needed!  Keep weather predictions!  Look at condition of soil at time of application!  Look at available water holding capacity!  Watch tile outlets and surface water patterns!  Watch field after first rainfall!
  • 56. What’s Next??  Lots of rumors!!  Something will happen/change!  Regulations seldom go backwards!  Discussions on mandated nutrient management plans.  Additional BMP’s required.  Required Monitoring of application fields till after first rainfall event.  Kevin’s wishes  One set of rules for everyone. (Permitted, Grand Lake St. Mary’s, WELB, small and medium producers)  Realize no rule is 100% guaranteed effective. (Mother Nature Rules)  When everything is being done correctly, don’t penalize for what can’t be controlled.  Everyone would use common sense (all sides)
  • 57. The Really UGLY!!!! and I Have No Pity on Stupidity!
  • 58. KEVIN ELDER OHIO DEPARTMENT OF AGRICULTURE 8995 EAST MAIN STREET REYNOLDSBURG OHIO 43068 ELDER@AGRI.OHIO.GOV 614/582-7880 KRAZYKEV2001@YAHOO.COM 614/565-9691 Questions?
  • 59. Where are our regulations?  Ohio Revised Code 903  http://codes.ohio.gov/orc/903  Ohio Administrative Code 901:10  http://codes.ohio.gov/oac/901%3A10
  • 60. How were our regulations developed?  Use of scientifically developed and reviewed BMP’s.  Reviewed by 21 member CAFF Advisory Committee.  Reviewed and Updated at least every 5 years.  What are some of the references?  USDA NRCS Ohio Nutrient Management Standard 590 (2012)  Tri-State Fertility Guide  Manure and Wastewater Management Guide  Current and on-going edge of field research
  • 61. What do you need to know?  Manure Sampling  Soil Sampling  Crop Rotations  Crop Yields  Time of Application  Method of Application  Land application restrictions  Available Water Holding Capacity
  • 62. Manure Sampling  Minimum of yearly sample of every structure and type of manure  Collect accurate sample (agitated) as close to application time as possible  Sample each type of manure being applied  Account for variables
  • 63. Soil Sampling  Follow minimum University Stds.  Every 3-4 years  Represent no more than 25 acres  9-12 cores per sample  Even depth of 6-8 inches  Taken min. 6 months after nutrient app.
  • 64. Nutrient Recommendations for Crops and Yields  Tri-State Nutrient Recommendations  https://www.extension.purdue.ed u/extmedia/AY/AY-9-32.pdf  USDA-NRCS Ohio 590 Std.  http://www.oardc.ohio- state.edu/ocamm/images/OH_590 _Standard_2012.pdf  Ohio Livestock Manure and Wastewater Guide, Bulletin 604  http://agcrops.osu.edu/specialists /fertility/fertility-fact-sheets-and- bulletins/bulletin_604.pdf/view
  • 65. What are the limitations?  No more Nitrogen than the next crops needs.  Not more than 50 pounds if no crop growing before ground temp goes below 50 degrees.  Recommend using Cover Crops to capture N.  Recommend using Pre- Side-dress Nitrogen test.  Recommend applications to crops that require N.
  • 66. What are the limitations?  Phosphorus  Keep in Agronomic range to allow application for rotations (15-30 PPM)  No more than 250# P2O5/year  If Soil test is over 100 ppm, then only single year application  If manure is very concentrated (over 80 #/ton) or soil tests very high there are special requirements
  • 67. What are the Limitations?  What is the condition of the soil at the time of application?  Compacted?  Cracks?  Earthworm burrows?  Root channels?
  • 68. What are the limitations?  How much liquid?  No more than the Available Water Holding Capacity at the time of application. (can make more than one application)  If field is tiled, (most Ohio soils are) No more than ½ inch or 13,600 gallons/acre.
  • 69. What are the limitations?  No Frozen and/or Snow-covered Manure Applications (on permitted farms since 2006)  Any request must be an emergency.  Must have looked at all other alternatives.  Must have prior approved site meeting all additional requirements.
  • 70. What are the Limitations?  Land Application Restrictions – Setbacks from Surface waters  Minimum of 100 feet of residue if surface applied or  35 feet of growing vegetation
  • 71. Now for the Why’s  Review of existing information  New research on nutrient movement here in Ohio
  • 72. Probably some of the best summary of Information on Phosphorus! http://www.epa.state.oh.us/dsw/lakeerie/index.as px#126087070-phase-i-information
  • 73. Some of the Most Recent Testing Information
  • 79.
  • 80. Time of Application • Greatest potential for surface and tile losses occurs with fall and winter application • Applying P in spring or after wheat harvest seems to minimize surface and tile losses Mehlich3STP(ppm) 0 20 40 60 80 100 120 140 160 180 Time of application Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 0 20 40 60 80 100 120 140 160 180 Surface Losses Tile Losses 0.56 kg/ha 0.50 kg/ha 0.04 kg/ha 0.50 kg/ha0.06 kg/ha
  • 81. Days since application 0 20 40 60 80 100 120 140 DRPconcentration(mg/L) 0 5 10 15 20 1/3/12: 225# MAP 11/13/13: 193# MAP
  • 82. Effect of tillage on preferential flow and phosphorus transport TD2 TD1 0 50 100 meters Drainage area Tile outlet Rain gauge Ohio, USA UBWC Soil type: Silt loam Tile depth: 3 ft Soil test P: 30 ppm Mehlich-3P Tillage: No-till 2014 management May 6th – Applied 175 lb/ac of MAP May 8th – Tilled field TD1 (disc) (TD2 remained no-till) Study Objective Compare P transport before and after tillage and between tilled and no-till fields
  • 83. 0 20 40 60 80 100 120 140 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 0.00 1.00 2.00 3.00 4.00 5.00 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 0 20 40 60 80 Discharge Preferential flow DRP Discharge(mm) Before P application & tillage (April 28th) DRP(mg/L) TD1 TD2 0 20 40 60 80 100 120 140 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 0 20 40 60 80 Discharge DRP DRP(g/ha) After P application & tillage (May 12th) 0.0 1.0 2.0 3.0 4.0 5.0 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 0.0 1.0 2.0 3.0 4.0 5.0 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 TD1 TD2 0 20 40 60 80 100 120 140 0 0.2 0.4 0.6 0.8 1 1.2 1.4 0 20 40 60 80 0.0 1.0 2.0 3.0 4.0 5.0 0 0.2 0.4 0.6 0.8 1 1.2 1.4 0 20 40 60 80 0 20 40 60 80 100 120 140 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.58 Avg DRP (mg/L) =2.12 DRP Load (g/ha) = 12.6 DRP Load (g/ha) = 12.4 DRP Load (g/ha) = 18.2 DRP Load (g/ha) = 129.6 DRP(mg/L)DRP(g/ha) Williams et al, 2015: unpublished
  • 84. Tile drain DRP(mgL-1 ) 0.0 0.3 0.6 0.9 1.2 4.0 5.0 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 3 4 5 6 7 Storm event a a a a b a b a b a b a b a P application & tillage TD1 TD2 DRP concentrations in tile discharge remain greater from the no-till field compared to the tilled field even after 5 storm events (>1 month) Storm Event TD1 (tilled) TD2 (no-till) g/ha 1 12.6 12.4 2 16.5 19.7 3 18.2 129.6 4 54.8 210.3 5 1.7 3.9 6 0.6 1.5 7 2.0 3.8 Total 106.4 381.2 Incorporating the fertilizer substantially decreased DRP loads in tile drain discharge Williams et al, 2015: unpublished
  • 85.  P & N losses are impacted by:  STP  Connectivity to water  Placement of P fertilizer  Timing of fertilizer  Rate of fertilizer  Source and legacy effects Conclusions
  • 86.  Potential practices that may help address:  Adherence to tri-state recommendations or lesser application  Avoiding fall and winter applications  Accounting for manure in nutrient calculations  Subsurface placement of nutrients (banding or injecting)  Disconnecting hydrologic pathways (DWM and blind inlets)  Cover crops – soil health, increase infiltration, reduce surface runoff, water quality benefits not clear  Gypsum – limited to concentration reductions and increased infiltration Conclusions
  • 87. Working together - Interface between science and implementation Consider multiple approaches – no simple answer Science Implementation Ag Retailers, Crop Consultants, Farmers, Extension, ODA, NRCS, ARS, EPA What is the solution?
  • 88. KEVIN ELDER OHIO DEPARTMENT OF AGRICULTURE 8995 EAST MAIN STREET REYNOLDSBURG OHIO 43068 ELDER@AGRI.OHIO.GOV 614/582-7880 Questions?
  • 89.
  • 90.
  • 91. New Regulations for Manure and Fertilizers in Ohio  Ohio legislature is moving quickly to prohibit surface application of manure, fertilizers and bio-solids to frozen and/or snow-covered ground.
  • 92. Sub. S. B. 1 & Sub. H. B. 61  Both Bills are in response to addressing Agriculture’s part in contributing to L.E. Algae blooms and Toledo’s water issues.  Both address Fertilizers and Manures.  Legislation has passed both Senate and House, but there are differences.  Those differences are still being worked out.
  • 93. What is in each? Fertilizer Provisions (Regulated by ODA) Sub. S.B. 1  No person in the Western Basin shall apply fertilizer on:  Frozen or Snow-covered soil.  When top two inches are saturated from precipitation.  When the local weather forecast is predicting more than one inch of precipitation in a twelve hour period. Sub. H.B. 61  No person in the Western Basin shall apply fertilizer on:  Same  Same  When the local weather forecast is prediction mor than ½ inch of precipitation in a 24 hour period.
  • 94. What is in each? (Exceptions) Sub. S.B. 1  Unless:  Fertilizer is injected into ground.  Fertilizer is incorporated into ground within 48 hours.  Fertilizer is applied to a growing crop. Sub. H.B. 61  Unless:  Same  Fertilizer is incorporated within 24 hours.  Same
  • 95. Enforcement provisions  Director may respond to complaints  May investigate any alleged violations  Does not affect any permitted livestock facilities. They have their own regulations in law and rule.  Is currently proposed for all watershed in the Western Lake Erie Basin.  Is specific to Nitrogen and Phosphorus.
  • 96. Penalties  Director may access a civil penalty.  Penalty is to be established by rules, but not more than $10,000.00 per violation.  Any alleged person may request a adjudication hearing  Each 30 day period constitutes a separate offence.
  • 97. What is in each? Manure Provisions (Regulated by ODNR-DSWR) Sub. S.B. 1  No person in the Western Basin shall apply Manure on:  Frozen or Snow-covered soil  When top two inches are saturated from precipitation.  When the local weather forecast is predicting more than 1/2 inch of precipitation in a 24 hour period. Sub. H.B. 61  No person in the Western Basin shall apply Manure on:  Same  Same  Same
  • 98. What is in each? (Exceptions) Sub. S.B. 1  Unless:  Manure is injected into ground.  Manure is incorporated into ground within 24 hours.  Manure is applied to a growing crop.  Emergency provisions provide for written permission by Chief to apply following the NRCS 590 standards. Sub. H.B. 61  Unless:  Same  Same  Same  Same Emergency provisions. Additional allowance of time for plan to come into compliance.
  • 99. Enforcement provisions  Chief may respond to complaints  May investigate any alleged violations  Is currently proposed for all watershed in the Western Lake Erie Basin.  Does not apply to permitted facilities.  House version has allowances for coming into compliance plans.
  • 100. Penalities  Chief may access a civil penalty.  Penalty is to be established by rules, but not more than $10,000.00 per violation.  Any alleged person may request a adjudication hearing.  Each 30 day period constitutes a separate offence.
  • 101. Other Provisions Sub. S.B. 1  OEPA authorized to coordinate HAB management and response.  Lead free plumbing  Study contributions of nutrient loadings on Lake Erie and Ohio River basins  Monitoring of Water Treatment Works  Dredge Disposal  Healthy Lake Erie fund  Has immediate enactment. Sub. H.B. 61  Not in bill.  Not in bill  Not in Bill  Same  Same  Not in Bill  Requires OEPA to develop similar Sludge rules.
  • 102. What’s Next?  The differences in the two versions will have to be worked out.  Probably will work on Senate Version.  Is currently being negotiated.  Anticipate passage within month.
  • 103. Now, What’s the Science behind the proposed laws?  It begins with actions and attitudes of utilizing nutrients for the crops, minimizing loss, using the 4 R’s and ACT principles!  4 R’s include’s infield practices of:  Right material  Right rate  Right time  Right place  ACT includes infield, edge of field and downstream practices of:  Avoid, Control, Treat
  • 104. Probably some of the best summary of Information on Phosphorus! http://www.epa.state.oh.us/dsw/lakeerie/index.as px#126087070-phase-i-information
  • 105. Phosphorus in Crop Production
  • 106. What is the problem with Nutrient Movement?  By Long Term monitoring of the Maumee  We have discovered that losses of Total Phosphorus have decreased.  That Nitrogen losses have remained the same or decreased slightly.  That Sediment loads have decreased.  We have discovered that Dissolved Phosphorus have increased since the mid 90’s.  That the loss of Dissolved P/acre of watershed has doubled over last 15-20 years
  • 107. Phosphorus Impacts to Water  Even though DRP has doubled it is still a low average between 2 & 4 #/acre and less than 5% of use of a Crop.  Can’t see that…  Hard to measure…  Some losses are much, much HIGHER!!
  • 108. Edge-of-field instrumentation H-flumes for surface runoff Thel-mar compound weirs and Isco area velocity sensors for tile
  • 109. 4R Research Fund USDA-ARS: USDA-Agriculture Research Service CEAP: Conservation Effects Assessment Project EPA: DW-12-92342501-0 Ohio Corn Growers Funding Sources: CIG: 69-3A75-12-231 (OSU) CIG: 69-3A75-13-216 (Heidelberg University) MRBI: Mississippi River Basin Initiative The Nature Conservancy
  • 112. AnnualDRPloading(kg/ha/yr) 0.0 0.2 0.4 0.6 0.8 1.0 1.2 2.0 3.0 4.0 5.0 Tile Surface P Tack Force recommendation AnnualTPloading(kg/ha/yr) 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 2.0 3.0 4.0 5.0 6.0 A B C D E F G H I J K L M N O P Q
  • 113. Month Precipitation(inches) 0 2 4 6 8 1982-2004 2005-2014 J F M A M J J A S O N D Precipitation Trends
  • 114. Time Cumulative(1982-2014)dayswith greaterthan2"ofprecipitation 0 5 10 15 20 25 30 1982 1986 1990 1994 1998 2002 2006 2010 2014 8 Events in 16 Years! 20 Events in 16 Years Event Size
  • 118. Discharge:Precipitation Ratio 0.0 0.2 0.4 0.6 0.8 1.0 Mehlich3STP(ppm) 0 20 40 60 80 100 120 140 160 180 300 400 500 <0.3 kg/ha >0.3 kg/ha tri-state critical level tri-state maintencance level Nutrient Rate
  • 119. AnnualNO3-Nloading(kg/ha/yr) 0 10 20 30 40 50 60 70 80 90 100 110 120 tile surface A B C D E F G H I J K L M N O P Q In addition to manure, applications of ammonia and/or 28% is added before planting and as side dress
  • 120. Timing
  • 121. Time of Application • Greatest potential for surface and tile losses occurs with fall and winter application • Applying P in spring or after wheat harvest seems to minimize surface and tile losses Mehlich3STP(ppm) 0 20 40 60 80 100 120 140 160 180 Time of application Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 0 20 40 60 80 100 120 140 160 180 Surface Losses Tile Losses 0.56 kg/ha 0.50 kg/ha 0.04 kg/ha 0.50 kg/ha0.06 kg/ha
  • 122. Days since application 0 20 40 60 80 100 120 140 DRPconcentration(mg/L) 0 5 10 15 20 1/3/12: 225# MAP 11/13/13: 193# MAP
  • 124. Broadcast variable rate application on May 6, 2014
  • 125. 4-part stratification • Stratification evident even in the top 1” of soil (ANOVA, P<0.001, n=232) • Although the degree of stratification varied some… • 85% of the samples had some degree of stratification M3P (ppm) 0 25 50 75 100 125 300 Coredepth(inches) 0-1 1-2 2-5 5-8 Median 60 49 34 26 54.5 Source: Johnson and Baker, Heidelberg University
  • 126. Effect of tillage on preferential flow and phosphorus transport TD2 TD1 0 50 100 meters Drainage area Tile outlet Rain gauge Ohio, USA UBWC Soil type: Silt loam Tile depth: 3 ft Soil test P: 30 ppm Mehlich-3P Tillage: No-till 2014 management May 6th – Applied 175 lb/ac of MAP May 8th – Tilled field TD1 (disc) (TD2 remained no-till) Study Objective Compare P transport before and after tillage and between tilled and no-till fields
  • 127. 0 20 40 60 80 100 120 140 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 0.00 1.00 2.00 3.00 4.00 5.00 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 0 20 40 60 80 Discharge Preferential flow DRP Discharge(mm) Before P application & tillage (April 28th) DRP(mg/L) TD1 TD2 0 20 40 60 80 100 120 140 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 0 20 40 60 80 Discharge DRP DRP(g/ha) After P application & tillage (May 12th) 0.0 1.0 2.0 3.0 4.0 5.0 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 0.0 1.0 2.0 3.0 4.0 5.0 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 TD1 TD2 0 20 40 60 80 100 120 140 0 0.2 0.4 0.6 0.8 1 1.2 1.4 0 20 40 60 80 0.0 1.0 2.0 3.0 4.0 5.0 0 0.2 0.4 0.6 0.8 1 1.2 1.4 0 20 40 60 80 0 20 40 60 80 100 120 140 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 10 20 30 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.08 Avg DRP (mg/L) =0.58 Avg DRP (mg/L) =2.12 DRP Load (g/ha) = 12.6 DRP Load (g/ha) = 12.4 DRP Load (g/ha) = 18.2 DRP Load (g/ha) = 129.6 DRP(mg/L)DRP(g/ha) Williams et al, 2015: unpublished data
  • 128. Tile drain DRP(mgL-1 ) 0.0 0.3 0.6 0.9 1.2 4.0 5.0 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 3 4 5 6 7 Storm event a a a a b a b a b a b a b a P application & tillage TD1 TD2 DRP concentrations in tile discharge remain greater from the no-till field compared to the tilled field even after 5 storm events (>1 month) Storm Event TD1 (tilled) TD2 (no-till) g/ha 1 12.6 12.4 2 16.5 19.7 3 18.2 129.6 4 54.8 210.3 5 1.7 3.9 6 0.6 1.5 7 2.0 3.8 Total 106.4 381.2 Incorporating the fertilizer substantially decreased DRP loads in tile drain discharge Williams et al, 2015: unpublished data
  • 129. Summary  Nutrients applied on the surface have a higher risk of movement if a rainfall runoff event occurs soon after application!  Soils with a high phosphorus soil test have a higher risk of nutrient movement!  Above the agronomic crop level  The higher the test the higher the potential loss  Tile losses of dissolved P are occurring!  Frozen and snow-covered losses are HIGH!
  • 130. Snowmelt 2015 • Runoff after manure application to frozen and snow covered ground • Events from 3/2 – 3/10/15 during snowmelt
  • 131. Highlights from five locations in Ohio
  • 133. Shelby County • Swine manure • Application to 20 acres on 3/5/15 • Discharge with snowmelt
  • 134. Shelby County Liquid manure application on top of snow
  • 135. Shelby County Straw bales and trench – attempt to prevent discharge
  • 136. Shelby County Same site during snow melt – water flowing around and entering ditch – 15ppm ammonia
  • 138. Paulding County • Liquid dairy manure application • Discharge with snowmelt
  • 139. Paulding County Dairy manure – no livestock at facility – emptying manure pond in preparation for bringing livestock to the facility
  • 141. Paulding County Flow over snow and frozen ground during melt
  • 144. Paulding County Discharging to ditch on right outside of photo
  • 146. Mercer County • In GLSM watershed • Watershed in distress rules: – after March first it is permissible to apply manure on frozen or snow covered ground only when manure is injected or incorporated within twenty- four hours of surface application • Three observed applications of manure on frozen ground
  • 147. Mercer County – Watershed in Distress March 6 - Liquid dairy manure being applied to frozen ground without incorporation. Solid heifer pen pack manure previously applied to area in right of photo.
  • 148. Mercer County – Watershed in Distress March 6 - Liquid dairy manure being applied to frozen ground and snow covered ground without incorporation.
  • 150. Darke County • Three complaints received • During investigation, SWCD found six fields with a manure discharge within a approximately 1500 acre area
  • 151. Darke County Runoff from rotten silage disposed of in field
  • 152. Darke County Chicken litter spread to field in February – discharging to open ditch at 10ppm ammonia (ditch not shown – to right of photo)
  • 153. Darke County Same site with straw bales
  • 154. Darke County Tile running – tested at 7ppm. With the ground frozen, tile flow would primarily be from surface receivers and blowholes.
  • 155. Darke County Chicken litter was applied to the field without setbacks. Discharge observed to the ditch at bottom right (approximately 50 ppm ammonia).
  • 156. Darke County Downstream of previous photo. Visual mixing of runoff from two fields. Tea colored, manure polluted runoff entering on the left. Light brown, sediment rich runoff entering from the right.
  • 157. Darke County Field test for ammonia in runoff water.
  • 158. Darke County Solid manure applied uphill of this wheat field. Highlighted manure solids are flowing with runoff water through field and into a tile receiver. Manure is pen pack from steers.
  • 160. Cinnamon Lake • Dairy manure application • Discharge with snowmelt on 3/9/15
  • 161. Meyer Farm – Manure Source Dairy Manure Application Field with discharge to Cinnamon Lake Approx. flow path to Lake
  • 164. Flow through culvert en route to lake Foam – Not Snow
  • 165. Flow through culvert en route to lake Snow
  • 166. Flowing on top of ice into lake Private Dock Runoff flowing on top of lake surface ice
  • 167. KEVIN ELDER OHIO DEPARTMENT OF AGRICULTURE 8995 EAST MAIN STREET REYNOLDSBURG OHIO 43068 ELDER@AGRI.OHIO.GOV 614/582-7880 Questions?

Editor's Notes

  1. -not new, ODNR authority used in past
  2. Not WOTUS Not a new definition
  3. All three restrictions that follow are from the NRCS 590 standard. What is snow-covered? Intent – address situation where melting snow would melt with manure and significantly increase the volume of potential polluted runoff 15.05 rule for distressed watershed >1” of snow If application melts snow, then it’s not snow-covered. What is frozen? Intent – address situation where infiltration would be slowed by frozen ground, leading to increased runoff If you can travel on top of wet/saturated soil, then it is frozen.
  4. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  5. Defined in code by watershed Almost 5 million acres (4,960,000) in 24 counties
  6. All three restrictions that follow are from the NRCS 590 standard. What is snow-covered? Intent – address situation where melting snow would melt with manure and significantly increase the volume of potential polluted runoff 15.05 rule for distressed watershed >1” of snow If application melts snow, then it’s not snow-covered. What is frozen? Intent – address situation where infiltration would be slowed by frozen ground, leading to increased runoff If you can travel on top of wet/saturated soil, then it is frozen.
  7. What is saturated? –Field test – free water appears when soil is bounced, kneaded, or squeezed.
  8. What source for prediction? How will this be enforced? Any source of weather prediction is acceptable. Applicator responsible for checking and keeping forecast before application. In case of complaint, DSWR can get forecast for the day of the application in the zip code from NOAA/NWS. If NOAA forecast shows >50% of ½” in 24h., then application is a violation of law, UNLESS the applicator can show another forecast.
  9. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  10. What is incorporation? using a tillage tool operated a minimum of 3-4 inches deep
  11. Intent – get nutrient into a growing crop to hold available nutrients in the field All growing crops? In the summer – green. In the winter – anything that doesn’t winterkill, dormant ok, but green-up necessary. What about a growing crop under 1’ of snow? OK. Not a violation of the new rules. But, existing rules still apply. Violation if a discharge to WOS. Exceptions written to encourage best management practices: injection, incorporation, cover crops
  12. Process – contact DSWR and ask for emergency application. Need to justify emergency (i.e. storage is full). Division can help if need/emergency exists.
  13. Solid manure – manure with bedding (minimum 20% solids) or solid poultry manure short term storage (8 months or less) of solid manure in the field in which it will be applied Setbacks for stockpiling recommended in NRCS Waste Transfer 634 Still need to prevent discharge to WOS
  14. Transition from manure to fertilizer. Fertilizer under ODA. Limited to nitrogen and phosphorus fertilizer
  15. First two restrictions are the same.
  16. Precip restriction is different. More intense rainfall prediction necessary.
  17. Exceptions are identical to manure application
  18. Proposed civil penalty details? Max $10K per violation in law. Envision same scaled and tiered format. Envision similar fines b/t fert and manure. Same appeal process: administrative hearing.
  19. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  20. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  21. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  22. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  23. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  24. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  25. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  26. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  27. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  28. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  29. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  30. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  31. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  32. What is injection? Penetrate the surface, manure applied below surface. No manure above surface.
  33. Red dashed line (0.03 mg/L) is level at which is considered eutrophic
  34. Red dashed line (0.03 mg/L) is level at which is considered eutrophic
  35. Red lines are 0.3 kg/ha (DRP) and 1.3 kg/ha (TP): using OH P task force this is the amount allowable if spread equal over the entire cropped acres in the Maumee watershed
  36. Monthly data from NW OARDC site
  37. Data from NW OARDC site
  38. While sustained organic sources generally have greater losses this is due to legacy effects. Applied at similar rates on a field with like STP the losses will be less from organic sources. Organic sources pose a chronic risk due to legacy effects and inorganic sources pose an acute risk.
  39. Flowing at 15ppm into ditch, flowing around straw and trench
  40. Complaint rec thurs. runoff mon. application out since dec.?
  41. Chicken litter spread in feb., 10 ppm into open ditch on R
  42. Tile running 7 ppm. May have been plugged. Tile flow is primarily from receivers and blowholes
  43. Chicken litter, no setbacks, discharging to ditch,
  44. 40 ft downstream of previous. Field on right is sediment. Dark water on L is approx. 50 ppm
  45. Solids and ~5ppm water flowing from application 40’ uphill, across wheats field, into receiver