Manure Transfers

Amy Schmidt Author

01/31/2019 Added

35 Plays

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Discussion of Manure Transfers for Land Application Training 2019

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[00:00:04.839]All right, hello, everybody, I'm Amy Schmidt.
[00:00:07.140]And in this presentation I'm going to talk about
[00:00:09.340]manure transfers and the rules that relate to those here
[00:00:13.080]in the state of Nebraska.
[00:00:14.416]So I want to answer three questions for you today.
[00:00:17.186]The first is, why should I care about manure transfer rules?
[00:00:21.048]The second one I'll talk about what defines
[00:00:23.425]a manure transfer.
[00:00:25.020]And then third, what records need to be maintained
[00:00:28.000]and shared when transferring manure.
[00:00:31.175]So first of all, why should I care about manure transfer
[00:00:34.550]rules?
[00:00:35.383]Permitted concentrated animal feeding operations
[00:00:38.859]have to maintain a number of records
[00:00:40.920]related to their manure management plan.
[00:00:43.540]Need to comply with the nutrient management plan.
[00:00:46.941]And we often see manure moved between farms.
[00:00:51.160]So from an animal feeding operation
[00:00:52.740]to a crop farm nearby where it's utilized
[00:00:55.532]on that farmer's field as a nutrient input.
[00:00:58.744]And whenever manure is moved
[00:01:00.544]there's that opportunity for the responsibility
[00:01:03.016]in how that manure is used to move along with it.
[00:01:07.000]And so it's important for you to know as a producer
[00:01:09.644]what is a legitimate transfer of your manure
[00:01:12.630]and therefore transfer responsibility
[00:01:14.208]for how it's handled.
[00:01:15.480]So that you can remain in compliance
[00:01:18.070]with your nutrient management plan and your permit.
[00:01:21.690]And understand those rules
[00:01:24.492]that apply to the manure transfers.
[00:01:28.953]So what defines a manure transfer?
[00:01:32.045]The very basic answer is knowing who has control
[00:01:35.800]of the manure.
[00:01:36.960]And we'll look at some different scenarios here
[00:01:39.840]in a second, but basically it's understanding
[00:01:42.372]who has control over how that manure is land applied
[00:01:46.160]and at what rate, and using what practices.
[00:01:50.418]And so I'm going to go through some different scenarios
[00:01:54.200]and I want to first identify three different entities
[00:01:56.995]that we would consider when we're talking about
[00:02:00.010]whether or not a manure transfer has actually occurred.
[00:02:02.640]So the CAFO operator in these examples
[00:02:05.820]would be the first who is named on the CAFO permit
[00:02:08.960]as an owner.
[00:02:10.320]The contractor is an entity other than the CAFO
[00:02:12.700]that's handling the manure movement or application.
[00:02:15.766]So usually we're talking about
[00:02:17.540]a custom manure hauler in that situation.
[00:02:19.899]And then the farmer is the person receiving the manure
[00:02:23.336]that is not associated with the permitted CAFO.
[00:02:29.362]So let's look through these different scenarios.
[00:02:33.566]And the way I've broken it down is,
[00:02:36.601]we first look at who's the owner of the land
[00:02:40.181]that is receiving the manure.
[00:02:43.157]What is the relationship of that land
[00:02:45.404]to the nutrient management plan
[00:02:47.810]of that concentrated animal feeding operation?
[00:02:49.961]And who's handling that manure application?
[00:02:53.620]And based on those we can make a decision
[00:02:56.354]whether or not an actual transfer of manure
[00:02:58.710]is taking place.
[00:03:00.100]So for the first one, we'll talk about
[00:03:02.846]where the land that's receiving manure
[00:03:06.150]is actually owned by the person who operates
[00:03:08.936]the concentrated animal feeding operation.
[00:03:12.927]In that case, if that land is being used
[00:03:16.340]for a manure application then it needs to be part
[00:03:18.277]of the nutrient management plan
[00:03:20.420]for that CAFO operator's farm.
[00:03:22.208]And it really doesn't matter if the CAFO operator
[00:03:25.388]or a custom hauler is applying the manure.
[00:03:28.256]It's on the CAFO's land,
[00:03:30.140]it's in the CAFO's nutrient management plan,
[00:03:32.270]so there's no transfer of manure.
[00:03:34.210]That manure is under control of the CAFO operator.
[00:03:37.729]In these other three scenarios
[00:03:39.930]we'll consider the land where manure is being applied
[00:03:43.130]is owned by someone other than the CAFO operator.
[00:03:45.750]So in this case the farmer owns the land.
[00:03:49.741]There's two different scenarios
[00:03:51.844]as far as the nutrient management plan.
[00:03:54.959]It could be a situation
[00:03:56.155]where the landowner has a contract with the CAFO
[00:03:59.540]that allows the CAFO operator to apply manure
[00:04:02.480]to their land, which makes it part of the CAFO's
[00:04:04.848]nutrient management plan.
[00:04:07.504]The other scenario is where
[00:04:09.379]not only is the land not owned by the CAFO
[00:04:12.456]but it's not part of their nutrient management plan.
[00:04:15.110]So it's land in the vicinity of the CAFO,
[00:04:18.065]but it's not listed in the nutrient management plan
[00:04:21.304]as acreage that's available for manure application.
[00:04:25.664]So if we talk about where the CAFO operator's
[00:04:30.780]nutrient management plan includes the land
[00:04:33.512]that's owned by the farmer,
[00:04:35.610]again, we have a case where the management or the control
[00:04:40.650]of the manure still lies with the CAFO operator.
[00:04:44.120]And so that would not be considered a manure transfer.
[00:04:46.164]Even though the manure is maybe moving from the CAFO
[00:04:49.092]to land that's not owned by the CAFO,
[00:04:51.504]that land is still part of their nutrient management plan.
[00:04:56.960]So in the other two cases,
[00:04:58.956]there's a couple different scenarios we can consider.
[00:05:02.440]One is that the farmer
[00:05:05.770]or a contractor is applying that manure.
[00:05:09.480]And the manure is transferred to that contractor
[00:05:13.055]and then taken to the farmer.
[00:05:15.024]Or perhaps the CAFO operator delivers a load
[00:05:18.010]and stockpiles it at the farmer's site.
[00:05:20.820]But either way, if someone other than the CAFO operator
[00:05:24.236]is dictating how that manure is applied,
[00:05:26.816]it's not on their land and it's not on land
[00:05:29.537]that's in their nutrient management plan,
[00:05:31.920]then that's really the only situation
[00:05:33.505]that qualifies as a true transfer of manure.
[00:05:37.736]The other case would be,
[00:05:39.580]there's a farmer that owns the land,
[00:05:41.960]it's not part of the CAFO operator's
[00:05:43.650]nutrient management plan,
[00:05:45.080]but the CAFO operator applies manure there.
[00:05:48.309]So that's not a transfer,
[00:05:50.124]but what needs to be considered in that case
[00:05:52.360]is that the CAFO operator really needs to
[00:05:54.836]revise their nutrient management plan
[00:05:58.130]to include that land,
[00:05:59.272]so that they stay in compliance with their permit.
[00:06:04.250]So again, two things.
[00:06:06.230]One is the status of the land
[00:06:07.847]that's receiving that manure,
[00:06:09.680]whether or not it's part of the nutrient management plan.
[00:06:11.892]The other is the person who's in charge of it.
[00:06:14.248]If it's not part of the nutrient management plan,
[00:06:16.288]it's not owned by the CAFO,
[00:06:17.980]and the manure is not applied by the CAFO operator,
[00:06:21.550]then we can consider that an actual transfer of manure.
[00:06:26.608]So what records need to be maintained
[00:06:29.475]and shared when transferring manure?
[00:06:33.027]On the right hand side here you can see
[00:06:35.850]the acres that are in the nutrient management plan
[00:06:38.410]of that CAFO fall under the usual
[00:06:41.448]recordkeeping requirements
[00:06:43.860]that we talked about in the regulations presentation.
[00:06:46.330]So if it's part of the nutrient management plan
[00:06:48.800]of the producer, they'll be doing soil sampling,
[00:06:50.700]an analysis, a P index calculation,
[00:06:53.550]nutrient analysis on the manure, et cetera,
[00:06:56.950]and recordkeeping.
[00:06:58.137]If we have a transfer of manure,
[00:07:00.492]the CAFO operator's requirement
[00:07:03.270]is to record who took the manure
[00:07:06.669]and name and address of that recipient,
[00:07:08.940]the date of the transfer,
[00:07:10.948]and the amount of the manure or poultry litter
[00:07:14.280]or liquid that is transferred to that individual.
[00:07:18.000]They also need to provide that individual with an analysis
[00:07:22.030]of that manure product
[00:07:23.580]so that they can use that for agronomic application
[00:07:27.620]of the nutrients.
[00:07:29.998]Okay, so I'm gonna ask you there at each location
[00:07:35.330]to pause the video.
[00:07:36.386]You've got a handout that is five different scenarios
[00:07:40.540]that I want you to look through,
[00:07:42.170]and just kind of decide, is this a legitimate
[00:07:44.312]manure transfer or not?
[00:07:46.485]So I'll give you about five minutes to do that,
[00:07:49.010]and then I would ask you to come back
[00:07:50.810]and start the video again and we'll talk through those.
[00:08:02.156]Okay.
[00:08:03.010]Welcome back.
[00:08:04.450]Hopefully everybody had a chance to look through
[00:08:06.011]all five of those different scenarios.
[00:08:08.172]And based on the information that we talked about so far,
[00:08:10.788]hopefully it was clear which of those
[00:08:12.920]was a legitimate transfer and which was not.
[00:08:15.320]So situation one on that sheet.
[00:08:18.540]A farmer loads, hauls and applies manure
[00:08:20.308]from a CAFO operator's facility onto his field,
[00:08:24.222]and his field is not part of the CAFO's
[00:08:26.264]nutrient management plan.
[00:08:28.003]So is this a legitimate transfer?
[00:08:30.132]Hopefully everybody recognized that yes,
[00:08:32.647]this indeed is a legitimate transfer.
[00:08:34.873]The reason is the CAFO operator no longer has control
[00:08:38.340]of the manure or the land that's receiving it.
[00:08:40.955]The other considerations would be,
[00:08:43.409]as I mentioned before,
[00:08:45.130]that the CAFO operator needs to record that transfer,
[00:08:47.955]and needs to provide that farmer with a nutrient analysis
[00:08:51.530]for the manure.
[00:08:55.060]So situation two.
[00:08:56.170]A CAFO operator loads, hauls and spreads manure
[00:08:59.148]on a farmer's field that is not part
[00:09:01.850]of the CAFO's nutrient management plan.
[00:09:04.593]So in this case not a legitimate transfer.
[00:09:07.528]The CAFO operator still had control of the manure.
[00:09:11.471]They may not have had control of that land
[00:09:13.891]as part of their nutrient management plan,
[00:09:15.746]but they were in control of the manure.
[00:09:17.602]So the consideration here is,
[00:09:19.890]like I mentioned a little bit ago,
[00:09:21.062]that the CAFO operator really needs to modify
[00:09:23.840]their nutrient management plan,
[00:09:25.470]and include this land in it so that they're not
[00:09:27.865]in violation of their permit.
[00:09:30.980]In the third scenario, a contractor loads
[00:09:33.557]and hauls manure from a CAFO to a farmer's field
[00:09:36.200]that's not part of the CAFO's nutrient management plan.
[00:09:38.928]And then the farmer applies the manure.
[00:09:42.428]So this is another example of a legitimate transfer.
[00:09:45.500]So the manure is taken from the CAFO,
[00:09:47.764]it's delivered to a farm,
[00:09:49.488]and that farm is not part of the nutrient management plan.
[00:09:52.220]So the CAFO operator has no control
[00:09:54.112]over how the manure is applied.
[00:09:56.164]Again, they need to record the transfer details
[00:09:58.444]and provide the nutrient analysis
[00:10:00.995]either to the contractor who will then give it
[00:10:03.250]to the farmer, or directly to the farmer,
[00:10:05.508]depending on how the transaction takes place.
[00:10:10.680]So number four, a farmer pays a contractor
[00:10:13.170]to load, haul and spread manure on his field,
[00:10:15.514]and that field is not part of the nutrient management plan.
[00:10:19.204]So it's very much like the last one,
[00:10:20.992]only in the previous example the farmer did the application
[00:10:24.216]and in this example the contractor does the application.
[00:10:27.740]So again, as long as that is not dictated
[00:10:31.659]by the CAFO operator, again it's a legitimate transfer.
[00:10:35.120]And the details of that transaction would need to be
[00:10:39.995]recorded and a nutrient analysis provided.
[00:10:44.730]So this last one is just a little bit different.
[00:10:47.449]And just want to kind of make folks think
[00:10:50.770]a little bit here, but a farmer receives stockpiled feedlot
[00:10:54.010]manure or poultry litter.
[00:10:55.920]It's delivered to their farm by either the CAFO operator
[00:10:58.384]or a contractor.
[00:11:00.380]And it's delivered to a field that's not part
[00:11:02.510]of the nutrient management plan.
[00:11:04.630]And so it's kind of like the previous scenarios.
[00:11:06.740]It comes from the CAFO, goes to a farmer's site.
[00:11:08.768]That site is not associated with the CAFO
[00:11:11.230]or the nutrient management plan.
[00:11:12.776]But the caveat here is that stockpile
[00:11:15.500]sits there for two years.
[00:11:17.958]So is it a legitimate transfer?
[00:11:20.180]Yes.
[00:11:21.013]So again, the CAFO operator doesn't have control of it.
[00:11:23.448]But really the consideration that we wanna think about
[00:11:27.041]here is that, first of all the stockpile of manure
[00:11:30.690]really should be land applied within a year,
[00:11:33.546]preferably sooner.
[00:11:35.840]And so the concern comes about
[00:11:37.607]if that stockpile sits there
[00:11:39.660]and is deemed a source of potential pollution for water,
[00:11:44.104]then the responsibility for who is managing
[00:11:48.419]that stockpile could come back on the farmer
[00:11:51.380]who has it on his land.
[00:11:53.522]Some of that liability could lie
[00:11:55.340]with the person who delivered it to that site.
[00:11:57.940]And whether or not it was placed in the location
[00:12:01.504]where it had a potential to discharge.
[00:12:04.230]And so it's just good to remember that any time
[00:12:06.540]that manure is transferred,
[00:12:07.864]there needs to be some discussion about how it's managed
[00:12:10.248]after it's transferred so that everybody realizes
[00:12:13.459]how to manage it to avoid runoff losses.
[00:12:17.845]So just a quick summary of manure transfers.
[00:12:20.316]The key is understanding who has control of the manure.
[00:12:23.856]If it's not a legitimate transfer
[00:12:26.004]then all of the recordkeeping that's required
[00:12:28.770]as part of the nutrient management plan
[00:12:30.600]and the CAFO permit is needed.
[00:12:33.880]If it is a legitimate transfer,
[00:12:35.541]the CAFO operator records the information
[00:12:38.540]about the recipient
[00:12:39.830]and provides a nutrient analysis to them.
[00:12:45.052]And that's where their responsibility ends.
[00:12:49.161]And again, if in doubt I would say
[00:12:51.890]ask NDEQ so that you understand whether or not
[00:12:55.520]you are performing a legitimate transfer of manure.
[00:13:00.410]So with that I'll end again with a slide
[00:13:03.200]that has a couple of our resources available.
[00:13:05.828]And my contact information.
[00:13:07.417]And as with other talks,
[00:13:09.106]I would encourage you to give me a holler
[00:13:10.960]if you have questions.
[00:13:12.010]Thank you very much.

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Manure Transfers

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