Seasonal Snags; Seasonal Snags; Full Manure Storages, Winter Full Manure Storages, Winter

Spreading, & other Trying Spreading, & other Trying ChallengesChallenges

Innovative Ag Workshop, Farming in 2014

February 20, 2014

Mike BrubakerState Conservation Commission(717) 705-1688mibrubaker@pa.gov

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Animal Operations in PA

CAFOs CAFOs (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 densityFarms > 1,000 AEUs, CAOs > 300 AEUs, EPA head #’s * Regulated by PA DEP (for US EPA)

CAOs (1,115+)CAOs (1,115+)

AOs AOs (40,000+)(40,000+)

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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

AOsCAOsCAOsCAOsCAOs CAFOs

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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

compare with slide 5

AOsAOs

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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

CAOsCAOsCAOsCAOs

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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Winter …manure application restrictionsMaximum 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 slide 8

Manure Management Plans (MMPs)

AOsAOs

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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

CAOsCAOsCAOsCAOs

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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

CAOsCAOsCAOsCAOs

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Overflowing Manure Storages ?? What’s the BIG

deal ??

An Overflowing An 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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Chapter 91 Chapter 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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Act 38 Act 38 RegulationsRegulations

83.203 …Purpose of Act 38 NMP Assure proper utilization and mgmt. of

nutrients Protect quality of surface and groundwater

83.293 ….Application RatesApplication rates shall be developed to

protect surface and ground waterN may not be over appliedP must be managed

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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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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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Act 38 Act 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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Act 38 Act 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

Good idea for all farms, not just CAOs17

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Act 38 Act 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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Act 38 Act 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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> > 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 Check for leaking pipes

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> > 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 plan22

> > GuidanceGuidance < < If spreading If spreading

becomes absolutely becomes absolutely necessarynecessary

DON’T TRY TO HIDEDON’T TRY TO HIDEHave 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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> Guidance <> Guidance <If spreading becomes If 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 go Think ahead, “what can possibly go wrong”wrong”

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Act 38 RegulationsAmendments Due To Unforeseen

Circumstances

NM Tech Manual, NMP Summary (pages 4-5):Chosen fields need >25% cover Chosen fields need Winter Matrix & P-Index runAny additional setbacks need stressedCertified 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                                                  

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> > GuidanceGuidance < <If Storage If 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, ……26

> > GuidanceGuidance < <If Storage If 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 away Run to DEP & CD, NOT away 27