Act 38 Nutrient Management Program
In May of 1993, the Commonwealth of Pennsylvania enacted the Nutrient Management Act to primarily establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure.
Effective as of October 1, 1997, the nutrient management program's main goal is to minimize surface and groundwater nutrient loads from agricultural operations and to increase farm profitability through proper nutrient management. Basically, the Act encourages farming operations designed as Concentrated Animal Operations (CAO's) to develop a nutrient management plan (NMP) that helps them to best manage their manure to meet the needs of their crops and to protect water sources from nutrient overload.
As of May 2005, all Nutrient Management Plans submitted must contain a phosphorus component.
Although CAO's are required to implement nutrient management plans, all farming operations are encouraged to participate in the program.
NMP's may be prepared in two ways. Either a private consultant certified in preparing Act 6 plans can be contracted (CAO and farming operations found in violation must hire a consultant) or the operation's owner/manager can seek private certification and prepare their own plans. These plans are then to be submitted to the Conservation District office for review and final approval.
In 2006, the Act-38 Nutrient and Odor Management Act replaced the current Act-6 regulations. Changes to the Act will affect both CAO’s, as well as their importers who receive their manure. When the new regulations are received, this summary will be updated.
How do I know if I am a CAO?
If you don't have the CAO Calculation Factsheet (Agronomy Factsheet 54), here is a quick summary of how to compute the Animal Equivalent Units (AEU) per Acre to determine your CAO status:
- Number of animals X weight per animal X number of days on operation ÷ 365 (days/year) = AEU 1,000 (lbs./AEU)
- Total AEUs for the operation ÷ acres suitable for manure application = AEUs per acre
- If AEUs per Acre are greater than or equal to 2 = Concentrated Animal Operation
Explanation of Calculation Elements:
Number of Animals = the average number of animals of that particular type on a typical production day.
Weight per animal = estimated weight of the animal (from Agronomy Guide estimated values or from documented weights averaged over the production cycle).
Number of days on the operation = the actual number of days out of 365 that these animals are on the operation.
365 (days/year) = conversion factor to put calculation into a yearly basis (constant).
1,000 (lbs. per AEU) = conversion factor to change total pounds into AEUs (constant).
AEUs = the number of Animal Equivalent Units for the particular animal type (calculated).
NOTE: This calculation must be repeated for each animal type.
Total AEUs for the operation = total animal equivalent units for the operation (calculated by adding together the AEUs for all the animal types on the operation).
Acres suitable for manure application = cropland, hayland, or pastureland (owned or rented) that is an integral part of the operation; land that is or will be used for the application of manure from the operation. Farmstead and forestland can not be included in the AEU per Acre calculation
I. About the program
(a). This program provides funding for farmers who have a Nurrient Management Plan, but can not afford to install the BMP's requires in their plan.
II. Qualifications for the program
(a). Farmer must show that repayment of a loan is not possible
(b). Show that installing a BMP will cause financial distress without grant assistance.
(c). Must have a nutrient management plan approved by the conservation district before applying for a grant.
(d). The BMP being installed under the grant program must be in their Nutrient Management Plan, if not the plan must be amended to include this BMP.
III. Application Ranking by the State Conservation Commission
(a). CAO’s in existence on Oct. 1, 1997, complying with Act 6
(b). CAO’s in existence after Oct. 1, 1997, due to loss of land.
(c). Non-CAO’s with critical BMP’s
(d). Other Ag operations
IV. Costs Cover by the Grant
(a). Project design and engineering costs
(b). Project construction costs (labor, machinery, work site preparation)
(c). Other costs associated with obtaining the grant.
V. Amount of Money Available for Farmers
(a). There is a $75,000 maximum for each approved Nutrient Management Plan
(b). No grant shall exceed the total cost necessary to implement the BMP’s
(c). The grant is able to piggyback with other cost share programs, such as the Chesapeake Bay Program, but the total cost share cannot exceed 80% of the total project cost.
VI. How to apply
(a). Obtain applications from the Juniata County Conservation District, district staff is available for assistance with completing the application.
(b). Submit the application to the State Conservation Commission the last 5 days of every other month beginning in October.
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