Land Application Regulations

Amy Schmidt Author

01/31/2019 Added

351 Plays

Description

manure regulations for Land Application Training 2019

Searchable Transcript

Search:

[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.

The screen size you are trying to search captions on is too small!

You can always jump over to MediaHub and check it out there.

Comments

0 Comments

Land Application Regulations

Description

Searchable Transcript

Comments icon comment

Related Channels

Comments