What act (Act 6 or Act 38) directs the Nutrient and Odor Management Act regulations?

Act 38, which was signed in law on July 6, 2005, amended Act 6. All the language included in Act 6 was transposed in Act 38 with some additional language concerning the following items – Odor management, additional manure application setback criteria and conflicting issues between local ordinances and farmers. Under Act 38, the Attorney General may bring an action against the local government unit to invalidate the unauthorized local ordinance. The Commission is charged to develop Odor management regulations within two years for this Act.

What types of farmers are regulated under Act 38?

The Pennsylvania Act 38 program regulates all high-density livestock and poultry operations within the Commonwealth. These regulated operations are designated Concentrated Animal Operations (CAOs). A CAO is defined as an agricultural operation where the animal density (livestock and/or poultry) exceeds two animal equivalent units (AEUs) per acre of land suitable for the application of animal manure. An AEU is equal to 1,000 lbs live weight of livestock or poultry, regardless of the actual number of individual animals comprising the unit.

Are there other non-CAO farms that must follow Act 38 criteria?

Yes. Any operation that wishes to participate in the Act 38 program in order to gain the limited liability protection afforded under the Act, and those operations receiving financial assistance through the Nutrient Management Grant Program to install BMPs, must follow the criteria established for the program. Other agriculture operations in Pennsylvania that receive financial assistance under the Chesapeake Bay Non-Point Source Pollution Abatement Program must also follow the planning criteria established under the Act.

In addition, an agricultural operation found to be in violation of The Pennsylvania Clean Streams Law may be required to submit a NM plan that meets the requirements of the Act, within 3 months of notification. These plans must be implemented according to the approved schedule outlined in the NM plan.

In general, what are farmers required to do under the Pennsylvania Act 38 program?

Farmers regulated or volunteering under the Act 38 program must develop and implement an approved NM plan in conformance with the criteria outlined in the regulations. NM plans must be developed by a state certified nutrient management specialist. Farmers may also become certified to write their own NM plans. Once developed, plans are submitted to the County Conservation District for review and action.

Farmers with an approved NM plan are to implement the plan accordance with the approved implementation schedule. Approved NM plans specifically detail the application of nutrients for each field and any necessary BMPs to address nutrient runoff or leaching concerns. The operator shall apply nutrients (manure and fertilizer), and implement the Best Management Practices (BMPs) listed in the NM plan.

What types of issues are addressed through nutrient management planning criteria, and what are not?

The intent of Act 38 is to address nutrient related water quality issues. Issues addressed in Act 38 NM plans include, but are not limited to: animal numbers and density, crops grown and expected yields, manure generated and used on the operation, manure and fertilizer application rates and timing, nutrient losses from manure storage and handling areas, nutrient runoff from cropland and pastures, nutrient runoff from animal concentration areas, alternative uses of manure and manure export arrangements.

Conversely, Act 38 NM planning criteria do not include the following issues, which are not directly related to nutrient losses effecting water quality: noise, dust, lights, truck and machinery traffic, antibiotic use, pathogens, pests, and water consumption.

Who can I contact to answer my questions regarding the Act 38 program?

All initial questions should be directed to the local county conservation district. Your county conservation district telephone number can be found in the blue pages of the telephone directory under “County Government”. In addition, the State Conservation Commission (717-787-8821) and the Pennsylvania Department of Agriculture, Nutrient Management Section (717-787-3568) are the agencies primarily responsible for oversight and administration of the Act 38 program and will be able to answer most questions related to the program.

Where can farmers go for help in implementing their approved Act 38 nutrient management plan?

The two primary sources of assistance for nutrient management plan implementation questions and concerns are the local county conservation district and the nutrient management specialist who developed the nutrient management plan. Local USDA Natural Resources Conservation Service personnel, in addition to conservation district technicians, should be contacted with questions related to Best Management Practices required by the plan.

What is the process that is followed for action on a nutrient management plan?

A nutrient management plan written according to the Act 38 program requirements is subject to a 2-step review and action process. A farmer seeking approval of a nutrient management plan must submit a complete plan to the county conservation district office in the county where the operation exists. Conservation district staff will then review the nutrient management plan to determine if it meets program requirements and will advise the plan writer and farmer on any necessary changes to the plan. Once the nutrient management plan has been properly reviewed, the conservation district board will either approve or disapprove the plan at a public meeting. The farmer will be contacted in writing of the district's action on the nutrient management plan.

What support programs are available to assist farmers in meeting the requirements of the Act?

There are several programs and resources available to assist farmers in the development and implementation of a nutrient management plan to meet the program requirements. Several financial assistance programs are available for operators participating in this program. The Plan Development Incentives Program provides funding for the development of a nutrient management plan; the Nutrient Management Plan Implementation Grant Program and the Agri-Link low-interest loan program provide funds for the implementation and construction of eligible best management practices in an approved nutrient management plan.

Technical support (i.e. site evaluation, design and/or engineering) for nutrient management plan implementation is provided through local county conservation district offices, USDA Natural Resource Conservation Service field offices and private sector Professional Engineers (PEs).

Who is eligible for financial assistance?

Agriculture operations, existing as of October 1, 2006, that are producing or utilizing livestock or poultry manure are eligible for funding under the Plan Development Incentives Program. Any operation existing prior to October 1, 2006 and having an approved nutrient management plan is eligible to apply for grant funds or a low-interest loan under the Nutrient Management Plan Implementation Grant Program or Agri-Link Program, respectively.

Where can a farmer apply for available financial assistance programs?

Applications are available through local county conservation districts or the State Conservation Commission for the Plan Development Incentives Program (PDIP) or the Nutrient Management Plan Implementation Grant Program (Grant Program). Applications for PDIP funding may be submitted at anytime. Applications for the Grant Program are only accepted during pre-determined sign-up periods. A farmer may apply for an Agri-Link Program low interest loan through a local participating lending institution or any AgChoice or Mid-Atlantic Farm Credit Service office. There are no special loan applications.

Does the PA Nutrient Management Program address phosphorus (P) in its nutrient management planning criteria?

Yes. The program addresses phosphorus loss through the use of runoff control Best Management Practices (BMPs) in the Manure Management and Stormwater Runoff Control sections of the nutrient management plan (NM plan). The Manure Management Section contains BMPs that address nutrient runoff concerns in barnyards, feedlots, manure storage/handling areas and other Animal Concentration Areas (ACAs). The Storm Water Runoff Control section contains BMPs to address any Concentrated Runoff Problem Areas (CRPAs) on cropland. These CRPAs are sources of high erosion and sedimentation, which can account for 60 to 90 percent of the phosphorus lost from agricultural fields.

The Commission also enacted a policy in May 25, 2004, which requires all new NMP submissions or amendments to address phosphorus applications in the NMP. The Commission requires planners to utilize the phosphorus index to address phosphorus in NMPs.