PENNSYLVANIA’S ACT 38 NUTRIENT MANAGEMENT PLANNING

WHAT IS NUTRIENT MANAGEMENT PLANNING

The Nutrient Management Act Program (Act 38) was enacted to reduce the nutrient and sediment loads entering surface and groundwater from high density animal operations. To reduce these loads, the act requires high density animal operations to maintain a Nutrient Management Plan (NMP) which ensures the proper and efficient distribution of nutrients on the overall operation. ACT 38 compliance offers more than nutrient and sediment load compliance. Act 38 also provides financial assistance and limited liability to those who participate. In addition, an Act 38 NMP fulfills nutrient management requirement for a NRCS Comprehensive Nutrient Management Plan. NMPs must be written by a state certified Nutrient Management Specialist, which WHM can provide.

WHO IT AFFECTS

Act 38 requires Concentrated Animal Operations (CAOs) within the state of Pennsylvania to maintain a NMP. Act 38 defines a CAO as one in which animal density exceeds 2,000 pounds of live weight per acre available for manure application, also referred to as 2 Animal Equivalency Units (AEU). AEUs include all livestock such as cattle, horses, poultry, and/or swine. The acreage used to determine if an operation is a CAO must be under the management of the operation. Operations that do not qualify as a CAO may also wish to enact a NMP if the operation is seeking limited liability protection, financial assistance/ funding, NRCS compliance, or voluntarily want to comply with ACT 38 regulations. WHM can assist those not sure if their operation qualifies as a CAO or if a voluntary NMP may be beneficial.

WHAT’S INCLUDED IN THE PLAN

A NMP accounts for all manure generated, imported, and applied on the operation and makes recommendations to increase the efficiency of manure applications. In addition, stormwater controls on the operation are evaluated to further reduce nutrient and sediment loads. WHM will analyze onsite production facilities, croplands and pastures, animal concentration areas, and onsite stormwater controls to develop a plan that not only meets ACT 38 requirements but the overall goals of the operation as well. The NMP can be written and updated on an annual or tri-annual basis.