Land Application Training 2012 February 2, 2012 Paul Hay - Presenter Regulatory History for CAFOs & EPA proposes NMPs Chapter revisions to Revised EPA 5 CAFO Final CAFO rules approved EPA issues EPA introduces NMP by NE CAFO rules Rule Gov 1998 1998 2003 2003 2005 2005 2006 2006 2007 2008 2011 2007 2008 2011 1974/ 76 1974/ 76 2004 2004 Waterkeeper court Nebraska decision State Permit Final and NMP Lawsuits NDEQ filed Rules Permit, Runoff Control, Permit & Runoff & Nutrient Plan Required Control Required � Large CAFO � Title 130 specifically defines planning, inspection, permitting, reporting, and record keeping requirements � Medium and Small CAFO � NDEQ has latitude in defining requirements � Check permit for expectations 1
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter � There is No Minimum Size of Livestock Operation Exempted From This Rule Manage Manure as a Nutrient Resource Nutrient Management Plan Term used by EPA and NDEQ to identify T d b EPA d NDEQ id if minimum requirements for CAFO’s environmental management plan including nutrients 2
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter Nutrient Management Plan Can Be Written in Two Formats Linear Linear Narrative � An approach that expresses rates of application as pounds of nitrogen and phosphorus, including the following specifications: � Form and source of manure � Timing and method � Timing and method � Accounts for nitrogen and phosphorus in the manure � Maximum application rates from manure � Field ‐ specific assessment � All Fields & Crops � Realistic yield goal for each crop � Nitrogen and phosphorus recommendations from sources specified by the University of Nebraska � Credits for all nitrogen in the field � Consideration of multi ‐ year phosphorus application application � Accounting for all other additions of plant available nitrogen and phosphorus to the field. � For large CAFOs, the maximum amount of manure calculated at least once each year 3
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter � An approach that expresses rates of application as a narrative rate of application that results in the amount, in tons or gallons, of manure, litter, and process wastewater to be land applied, including the following permit terms: � Nitrogen or phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan � Field ‐ specific assessment of the potential for nitrogen and p p g phosphorus transport from each field; � Crops to be planted in each field � Realistic yield goal for each crop & for each field � Nitrogen and phosphorus recommendations from sources specified by the University of Nebraska � Method & factors used to calculate the amounts of manure to be land applied: � Results of soil tests conducted � Nitrogen or phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan � Actual Application of nitrogen and phosphorus in the manure � Consideration of multi ‐ year phosphorus application; � Additions nitrogen and phosphorus to the field; g p p � The form and source of manure, litter, and process wastewater; � The timing and method of land application; � Volatilization of nitrogen & mineralization of organic nitrogen. � Alternative crops identified in the nutrient management plan that are not in the planned crop rotation, � Production area including feed storage, feeding areas, and manure storage � Adequate storage capacity � Clean water diversion � Clean water diversion � Prevention of direct contact of animal with waters of US � Proper mortality management � Chemical management 4
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter � Land Application � Conservation practices to control nutrient loss � Protocol for manure and soil sampling � Protocol for manure and soil sampling � Protocols for land application � Record keeping � NMP must be based on “…agronomic utilization of Nitrogen from all sources” � Nutrient budget required for N and P � Nutrient budget required for N and P � Based upon risk from P ‐ Index review – manure application can be restricted to P ‐ based rates or even stopped. � NMP Records must include: � Basis for estimating application rate � Annual pre application calculations of N � Annual pre ‐ application calculations of N and P to be applied for individual fields � Post ‐ application of N and P actually applied for individual fields 5
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter � Large CAFO � 100’ setback from down gradient surface waters open tile lines and wells OR � 35’ vegetated buffer � 35 vegetated buffer � Small or Medium CAFO � 30’ setback from streams, lakes, and impounded waters � Stockpiles � Covered or diked to prevent runoff Requirements When ‐ Storage must have 180 November 15* days capacity ‐ Holding pond must Always g p y have capacity to hold 25 ‐ yr, 24 ‐ hr storm ‐ Holding pond must November 15* have capacity to hold 25 ‐ yr, 24 ‐ hr storm + normal June runoff *Recommended � CAFOs are required to keep records for a minimum of 5 years � Record and reporting requirements discussed later 6
Land Application Training 2012 February 2, 2012 Paul Hay - Presenter � All CAFOs must keep records on the transfer of manure � The amount of manure, litter, and process wastewater transferred to other persons ( (estimated in tons or gallons) i d i ll ) � The date of the transfer � The name and address of the recipients � Also must provide analysis of the material to the recipient � Requirements for NPDES permittees � Land application training program (good for 5 years) � Maintain record of training (certificate or letter of completion) ) � Note: Custom Manure Applicators are not required (but are encouraged) to maintain this certification 7
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