§ 83.294. Nutrient application procedures.

 (a)  General. Nutrients shall be applied to fields during times and conditions that will hold the nutrients in place for crop growth, and protect surface water and groundwater using BMPs as described in the plan.

 (b)  Timing. Intended target spreading periods for the application of manure shall be included in the plan.

 (c)  Equipment capabilities. Manure application rates and procedures must be consistent with the capabilities, including capacity and calibration range, of available application equipment.

   (1)  For existing operations using their own application equipment, the plan must include a statement indicating that the existing equipment has been calibrated to ensure implementation of the application rates described in the plan, and that the equipment has the capacity to meet those application rates. The supporting documentation for this statement shall be available at the operation for inspection by the county conservation district and the Commission.

   (2)  For proposed operations, or when it is not feasible to calibrate the equipment or verify its capacity at planning time, the operator shall perform this application equipment calibration and capability verification prior to the first application of manure. The statement described in paragraph (1) shall be included in any necessary amendments to the plan. The supporting documentation of this statement shall be available at the operation for inspection by the Commission and delegated county conservation district.

   (3)  If a commercial manure hauler is used, the hauler shall be responsible for ensuring that the equipment is capable of complying with the application rate contained in the plan.

 (d)  Irrigation systems. If manure will be applied using an irrigation system, the following applies:

   (1)  Application rates for irrigated liquid manure shall be based on the lesser of the following:

     (i)   The planned application rates in gallons per acre determined in accordance with §  83.293(a) (relating to determination of nutrient application rates).

     (ii)   The combination of the following:

       (A)   The liquid application rate in inches per hour determined to be within infiltration capabilities of the soil.

       (B)   The liquid application depth in inches not to exceed the soil’s water holding capacity within the root zone or any restricting feature at the time of application.

   (2)  The allowable liquid application rate and application depth shall be based on appropriate factors such as available water holding capacity of the soil, depth of the root zone, depth to a shallow impervious soil layer, soil infiltration rate, soil texture and drainage, vegetation and ground slope. Application BMPs that are consistent with the current versions of Penn State Fact Sheets F254 through F257, as applicable to the type of irrigation system planned to be used on the operation, and the NRAES-89 Liquid Manure Application System Design Manual, may be used to comply with this subsection. Other BMPs shall be approved by the Commission.

   (3)  The plan must include the computations for the application rate (in inches per hour) and application depth (in total inches) of the various application rates, and these applications may not exceed either the infiltration rate or the water holding capacity of the application sites, as listed in the plan.

 (e)  Manure application at rates greater than 9,000 gallons per acre. If liquid or semisolid manure is planned to be applied at rates greater than 9,000 gallons per acre at any one application time, the rates and amounts shall be limited based on the infiltration rate and water holding capacity of the application areas as described in subsection (d). In those instances, the plan must include the computations for the application rates in inches per hour, and in total inches, for the various application areas, and these applications may not be allowed to exceed either the infiltration rate or the water holding capacity of the application sites, as listed in the plan.

 (f)  Setbacks and buffers. Manure may not be mechanically applied in the following situations:

   (1)  Within 100 feet of the top of the bank of a perennial or intermittent stream with a defined bed and bank, a lake or a pond, unless a permanent vegetated buffer of at least 35 feet in width is used, to prevent manure runoff into the stream, lake or pond.

   (2)  Within 100 feet of an existing open sinkhole unless a permanent vegetated buffer of at least 35 feet in width is used.

   (3)  Within 100 feet of active private drinking water sources such as wells and springs.

   (4)  Within 100 feet of an active public drinking water source, unless other State or Federal laws or regulations require a greater isolation distance.

   (5)  On crop management units having less than 25% plant cover or crop residue at the time of manure application, unless:

     (i)   For fall applications, the crop management unit is planted to a cover crop in time to allow for appropriate growth to control runoff until the next growing season, or the manure is injected or mechanically incorporated within 5 days using minimal soil disturbance techniques consistent with no-till farming practices. The Pennsylvania Technical Guide contains practices which may be used to satisfy this requirement. Other practices shall be approved by the Commission. The practices must be consistent with those in the agricultural erosion and sediment control plan.

     (ii)   For applications in the spring or summer, the crop management unit is planted to a crop that growing season.

     (iii)   For winter applications, the crop management unit is addressed under subsection (g).

 (g)  Winter application. For winter application of manure, the following apply:

   (1)  The application procedures shall be described in the plan.

   (2)  The plan must list the following:

     (i)   The crop management units where winter application is planned or restricted.

     (ii)   The application procedures that will be utilized at those crop management units.

     (iii)   The field conditions that must exist for winter application.

   (3)  Setbacks listed in subsection (f) shall be implemented. In addition, during winter manure may not be mechanically applied in the following situations:

     (i)   Within 100 feet of an above-ground inlet to an agricultural drainage system, if surface flow is toward the aboveground inlet.

     (ii)   Within 100 feet of a wetland that is identified on the National Wetlands Inventory Maps, if the following are met:

       (A)   The wetland is within the 100-year floodplain of an Exceptional Value stream segment.

       (B)   Surface flow is toward the wetland.

   (4)  Fields where manure will be applied in winter must have at least 25% residue, or an established cover crop. The BMPs contained in the Pennsylvania Technical Guide may be used to satisfy this requirement. Other practices shall be approved by the Commission.

 (h)  In-field stacking. In-field stacking of dry manure as a part of manure application is permissible on an NMP operation, and any importing lands governed by §  83.301 (relating to excess manure utilization plans), if the following requirements are met:

   (1)  The manure shall be land applied on the crop management unit within 120 days of stacking, or prior to the beginning of the next growing season, whichever is sooner.

   (2)  The stacks shall be constructed using appropriate BMPS such as:

     (i)   Placement on appropriate soils.

     (ii)   Proper consideration of slopes where stacks will be placed.

     (iii)   Shaping that minimizes absorption of rainfall.

     (iv)   Proper consideration of the size of the stack.

     (v)   Use of setbacks

     (vi)   Rotation of stack locations.

   (3)  If stacking occurs for a longer period than that described in paragraph (1), the stacks shall either be covered to keep rainwater from entering the stacks, or a waste stacking and handling pad shall be used. The BMPs contained in the Pennsylvania Technical Guide may be used to meet this requirement. Other BMPs shall be approved by the Commission.

   (4)  Locations for in-field stacking of dry manure shall be shown on the farm maps and the nutrient balance sheet maps required by this subchapter.

 (i)  Commercial manure haulers. If a commercial manure hauler will be used for the application of the manure on the agricultural operation, the commercial manure hauler shall meet the requirements of Act 49.

 (j)  Pastures requiring phosphorus restrictions. If a pasture has been determined to require total restriction of phosphorus application under §  83.293(c), the risk of phosphorus loss shall be addressed by the following BMPs in lieu of total restriction of phosphorus application:

   (1)  Grazing may not be conducted within 50 feet of a perennial or intermittent stream, a lake or a pond.

   (2)  A prescribed grazing system shall be used to maintain an established stand of forage on the pasture area.

   (3)  The stocking rate shall be limited to ensure that the level of phosphorus deposited by the animals does not exceed the level of phosphorus removal from the soil by vegetation in the pasture.

   (4)  BMPs contained in the Pennsylvania Technical Guide may be used to meet the requirements in paragraphs (1) and (2). Other BMPs shall be approved by the Commission.

Source

   The provisions of this §  83.294 amended June 2, 2006, effective October 1, 2006, 36 Pa.B. 2636. Immediately preceding text appears at serial pages (232359) to (232360).

Cross References

   This section cited in 25 Pa. Code §  83.201 (relating to definitions); 25 Pa. Code §  83.204 (relating to applicability of requirements); 25 Pa. Code §  83.226 (relating to eligible costs for the implementation of an approved plan); 25 Pa. Code §  83.261 (relating to general); 25 Pa. Code §  83.262 (relating to identification of CAOs); 25 Pa. Code §  83.272 (relating to content of plans); 25 Pa. Code §  83.281 (relating to identification of agricultural operations and acreage); 25 Pa. Code §  83.293 (relating to determination of nutrient application rates) 25 Pa. Code §  83.301 (relating to excess manure utilization plans);25 Pa. Code §  83.311 (relating to manure management); and 25 Pa. Code §  83.381 (relating to manure management in emergency situations).



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