Land Application Regulations

Amy Schmidt Author

01/31/2019 Added

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manure regulations for Land Application Training 2019

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[00:00:05.180]Well, hi everyone, my name's Amy Schmidt,
[00:00:07.100]and this presentation is going
[00:00:09.300]to go over the Permit Requirements
[00:00:11.360]for Land Application of Manure in Nebraska.
[00:00:15.480]So I wanna cover four topics, answer four questions for you.
[00:00:19.200]One is do I need a permit?
[00:00:20.980]Two is what are the requirements of a permit?
[00:00:23.850]Then what does a nutrient management plan include?
[00:00:26.240]And finally, I want to leave you
[00:00:27.920]with some additional resources on the topic
[00:00:30.910]that you could refer to after the training.
[00:00:35.510]So the question of do I need a permit
[00:00:37.870]is essentially based on two questions.
[00:00:39.950]One, how many animals will be confined?
[00:00:42.460]And two, how long will the animals be confined?
[00:00:47.120]The reason that these two matter is that they will define
[00:00:49.900]whether or not an operation is an animal feeding operation
[00:00:52.560]or a concentrated animal feeding operation
[00:00:54.750]by regulatory definition.
[00:00:57.560]And so we see over here that an AFO,
[00:01:01.060]you become an AFO when you have at least one animal confined
[00:01:04.810]for at least 45 days to an area
[00:01:07.090]that cannot sustain vegetation
[00:01:08.700]during the normal growing season.
[00:01:10.330]So any sort of feedlot or other lot area
[00:01:14.690]that really can't be considered a pasture,
[00:01:18.480]having a single animal confined there
[00:01:20.380]makes it an animal feeding operation.
[00:01:22.620]So we have a lot of animal feeding operations in the state
[00:01:24.900]that may not even know they're animal feeding operations.
[00:01:28.690]What triggers the definition of a CAFO, then,
[00:01:31.890]is the number of animals that are confined on that AFO.
[00:01:36.810]And there's also a second way
[00:01:39.813]that the operation could become a CAFO,
[00:01:42.040]and that is to be designated by the regulatory agency.
[00:01:45.300]And that happens if an operation has issues
[00:01:48.310]with discharging pollutants to waters of the state
[00:01:51.240]and haven't managed to get those corrected,
[00:01:54.330]they could be designated as a CAFO
[00:01:55.970]and required to have a permit.
[00:01:59.530]So this is kind of just for a reference
[00:02:01.680]to look back at later, but this table
[00:02:04.480]breaks down the operation sizes in the state of Nebraska
[00:02:09.100]based on whether it's a small, medium AFO or a large CAFO,
[00:02:13.050]and so you can see, for instance,
[00:02:14.970]in the top line we have mature dairy cows.
[00:02:18.960]700 cows on an operation would trigger that
[00:02:21.940]as being a large CAFO.
[00:02:23.950]If we go down to 200 to 699, that would be a medium,
[00:02:27.220]and then anything below 200 would be a small AFO.
[00:02:32.190]So when we look at whether an operation is a small
[00:02:36.510]or medium AFO or a CAFO, there are different requirements
[00:02:40.440]and regulations that apply to those operations.
[00:02:44.770]Starting with the large CAFO here, over on the right,
[00:02:49.640]Title 130 defines pretty much everything
[00:02:53.240]that relates to the regulation and the operation
[00:02:56.380]of those types of facilities, defines the planning,
[00:03:00.560]inspection requirements, recordkeeping,
[00:03:03.140]permitting, reporting and all of those.
[00:03:06.310]And we'll look at that in a little more detail here shortly.
[00:03:11.000]Any operation that is either being constructed new
[00:03:14.190]that would be a large CAFO or is currently not a large CAFO
[00:03:17.160]but is expanding and would become a large CAFO
[00:03:20.930]has to require an inspection from the NDEQ,
[00:03:24.500]and then they are, may require a permit,
[00:03:27.720]and it's based on their potential to discharge pollutants.
[00:03:32.000]When an inspection request is submitted,
[00:03:33.630]then a $500 fee is submitted with that.
[00:03:36.480]For the small AFO and the medium AFO,
[00:03:39.380]the NDEQ has some latitude
[00:03:41.210]in the requirements for those operations.
[00:03:44.910]Medium AFOs have to request an inspection,
[00:03:48.710]and there's a fee that goes along with that.
[00:03:50.410]They may be required to obtain a permit.
[00:03:53.130]Small AFOs typically are exempt from an inspection
[00:03:57.547]and or permit, but it's best to contact NDEQ to ask
[00:04:01.850]rather than just assuming that an inspection is not needed.
[00:04:06.550]Okay, so what are the requirements of a permit?
[00:04:10.400]I mentioned Title 130 just a minute ago.
[00:04:12.770]This is the regulatory document
[00:04:15.410]for the Nebraska Department of Environmental Quality
[00:04:19.980]that includes all of the rules
[00:04:21.890]for livestock waste management facilities.
[00:04:24.520]And when I say all of the rules, design, management
[00:04:28.300]and monitoring of the manure storage system,
[00:04:31.110]it includes details on the development
[00:04:34.250]and implementation of a nutrient management plan,
[00:04:36.470]which is part of the permit.
[00:04:38.930]And then it also dictates the recordkeeping
[00:04:41.080]and recording, reporting requirements,
[00:04:43.470]as well as the requirement to allow NDEQ access
[00:04:49.380]to the property for inspections
[00:04:51.470]to monitor the implementation of the regulations.
[00:04:57.860]So Manure Management 101 is kind of what I like to call it,
[00:05:03.280]is very simple.
[00:05:04.113]It's, we want to see folks manage manure as a resource.
[00:05:08.930]This means that we shouldn't allow livestock
[00:05:12.550]to be in contact with waters of the state,
[00:05:14.740]and we should not have a condition
[00:05:17.310]where animal waste is reaching waters of the state,
[00:05:20.130]either from a production area
[00:05:23.300]or from runoff from land application sites.
[00:05:26.090]And so it doesn't matter what size the facility is,
[00:05:28.780]whether you have a permit or not,
[00:05:31.680]you can be required to have a permit, as I mentioned before,
[00:05:34.870]by being designated as a CAFO if discharges are occurring
[00:05:38.310]from the site and the situation isn't remedied.
[00:05:43.170]So permitted livestock operations have to develop
[00:05:46.640]and follow a nutrient management plan.
[00:05:49.130]And for those in the training who are large CAFOs
[00:05:52.750]and have a nutrient management plan in place,
[00:05:54.760]you know that this is a five-year planning document
[00:05:58.040]that dictates when and where and how manure will be applied
[00:06:01.610]to what fields, and it also lays out the monitoring
[00:06:06.990]that will be done of equipment and things like that.
[00:06:10.950]Specifically what does the nutrient management plan require?
[00:06:14.320]This is a very condensed list,
[00:06:15.810]just kind of a quick overview, and again,
[00:06:18.890]all of this is spelled out in the Title 130 regulation.
[00:06:24.920]But a couple of the main points,
[00:06:27.400]the nutrient management plan requires agronomic utilization
[00:06:30.380]of nitrogen from all sources,
[00:06:32.080]and so there's a nutrient budget for nitrogen and phosphorus
[00:06:35.500]that would need to be completed.
[00:06:36.920]And then if a P-index review shows
[00:06:41.540]that a site is very high in phosphorus
[00:06:45.060]or has a high potential for phosphorus discharge,
[00:06:47.860]then that operation may be required
[00:06:49.990]to calculate manure application rates
[00:06:52.660]based on phosphorus rather than nitrogen.
[00:06:56.790]The nutrient management plan
[00:06:58.400]will lay out the land application practices that are used.
[00:07:01.890]This includes manure and soil sampling on the regular basis,
[00:07:06.560]conservation practices for preventing runoff
[00:07:11.350]of nutrients from land application sites.
[00:07:14.360]It also covers manure transfers,
[00:07:16.510]and we'll talk about that in depth in another presentation,
[00:07:19.640]so I won't go into it here.
[00:07:21.980]For the production area, the nutrient management plan
[00:07:25.350]includes an overview of the manure storage capacity,
[00:07:29.340]any clean water diversions that are being used
[00:07:31.960]to keep clean water from entering the manure storage,
[00:07:35.500]mortality management and ag chemical management.
[00:07:38.870]There's a number of records that need to be kept
[00:07:41.530]as part of the nutrient management plan.
[00:07:44.430]These include how application rates are calculated
[00:07:48.930]for all the fields in the nutrient management plan.
[00:07:51.730]It should show the planned applications
[00:07:54.300]over that five-year period of the plan.
[00:07:56.130]And then you would need to record actual applications
[00:07:58.790]and several characteristics of those application events,
[00:08:02.990]so the type of manure, the volume that was applied,
[00:08:06.740]the rate used and so on.
[00:08:10.320]Producers are required to keep records for five years,
[00:08:13.430]so that's also the life of the nutrient management plan,
[00:08:16.690]so that's an easy way to remember
[00:08:18.170]how long those records should be kept.
[00:08:20.570]The last thing I'll mention, then,
[00:08:21.840]is the manure application setbacks,
[00:08:26.500]and that is what dictates how close you can be to a stream
[00:08:31.680]or a waterbody or a well when manure is applied.
[00:08:36.220]And so this is a graphic that we developed recently.
[00:08:40.880]Down in the corner here
[00:08:42.160]I show you the Animal Manure Management Team Twitter site.
[00:08:46.230]This is one of the graphics that we've developed
[00:08:48.750]for putting out on that site,
[00:08:50.170]and you can find a lot of other
[00:08:52.230]just simple best management practice-type information
[00:08:56.640]by following us on that site.
[00:08:58.490]But for manure setbacks, small
[00:09:00.700]and medium animal feeding operations,
[00:09:02.900]they need to stay at least 30 feet away
[00:09:05.270]from any sensitive waterbody or wells,
[00:09:09.660]open tile lines, et cetera, when land-applying manure
[00:09:13.210]and with stockpiling manure.
[00:09:16.310]For large permitted animal feeding operations,
[00:09:19.330]there's a requirement to stay 100 feet back,
[00:09:21.700]so 100-feet setback from those sensitive waterbodies,
[00:09:26.190]or as opposed to the 100-foot setback,
[00:09:29.170]they could do a 35-foot vegetative buffer,
[00:09:31.830]and that allows application of the manure
[00:09:35.200]over 65 feet of land that wasn't,
[00:09:38.520]wouldn't be otherwise included,
[00:09:40.290]so 100-feet setback if there's no buffer,
[00:09:43.460]and a 35-foot setback if a vegetative buffer is used.
[00:09:48.640]Okay, so where can you find additional resources?
[00:09:52.910]I wanna make you all aware of new website that's available.
[00:09:55.830]This was developed over the last few years,
[00:09:58.040]and is now fully functional.
[00:10:00.850]AgSitePlanner.unl.edu is the name of the site,
[00:10:04.660]and this was developed to kind of be a one-stop shop
[00:10:07.760]for learning about practices
[00:10:11.930]for responsible livestock production and expansion.
[00:10:14.830]And so a couple of the main tools
[00:10:17.060]that are available on this site,
[00:10:19.200]one of them is this regulatory guidance tool,
[00:10:22.240]and that's exactly what it sounds like.
[00:10:24.230]You can go in and select a location
[00:10:26.960]where you're considering building
[00:10:28.340]or expanding an animal feeding operation.
[00:10:30.960]Answer a set of questions about the type of livestock
[00:10:34.010]and the practices that would be used
[00:10:38.580]for confining those animals,
[00:10:40.250]and then it will return for you a suggestion
[00:10:43.590]that this is probably a small AFO,
[00:10:45.620]a medium AFO or a large CAFO,
[00:10:48.290]and then it will include for you the regulatory requirements
[00:10:51.560]based on that designation.
[00:10:54.900]The risk management tool is a tool that can be used
[00:10:58.420]on existing or potential planned animal feeding operations.
[00:11:03.750]And again, it's a Google Map-based tool
[00:11:07.370]where you select a land parcel,
[00:11:08.930]and then a report is generated
[00:11:10.870]that identifies potential environmental, social,
[00:11:14.520]environmental and social risks associated with that site.
[00:11:17.800]And so I would encourage you
[00:11:19.380]to take a look at both of these.
[00:11:20.860]There's no login requirement, no account setup requirement,
[00:11:24.870]so the information isn't stored,
[00:11:27.290]and that makes it a little bit better tool
[00:11:32.420]for a lot of producers who don't want to maybe reach out
[00:11:34.810]to a regulatory agency or extension
[00:11:37.600]to ask some of these questions.
[00:11:40.350]So with that I'll leave you
[00:11:42.080]with a couple of other web addresses here.
[00:11:44.500]So manure.unl.edu is our Animal Manure Management Team site.
[00:11:49.160]I've put my contact information here,
[00:11:50.940]and you're certainly welcome to reach out directly to me
[00:11:53.130]or to any member of the Animal Manure Management Team
[00:11:56.710]with a specific question.
[00:11:57.730]We'd be happy to answer, so thank you very much.

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Land Application Regulations

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