Pennsylvania Act 38 Nutrient Management Plan
What is it? – A plan written, as a requirement of state law (Act 38), and regulation Chapter 83 that balances the nutrients needed on individual crop fields and nutrients supplied from manure and other nutrient sources. The plan also includes best management practices (BMPs) to minimize the potential for environmental impact from nutrients on the operation. An Act 38 plan is required for any livestock or poultry farming operation that has more than 8 total animal equivalent units (AEUs) and exceeds 2,000 pounds of live animal weight per acre suitable for manure application. An operation can additionally volunteer to participate under Act 38.
Who can develop an Act 38 Nutrient Management Plan? – Any person certified as a Commercial Nutrient Management Specialist through the Pennsylvania Department of Agriculture's Nutrient Management Certification Program.
Who reviews an Act 38 Nutrient Management Plan? – Plans are submitted for review either to the local Conservation District Board of Directors or State Conservation Commission. Any person certified as a Public Review or Public Dual Specialist through the Pennsylvania Department of Agriculture’s Nutrient Management Certification Program.
Who approves a Nutrient Management Plan? – The State Conservation Commission or any County Conservation District Board of Directors that has been delegated the authority by the State Conservation Commission to review and take action on a nutrient management plan.
Who certifies Nutrient Management Specialists? – The Pennsylvania Department of Agriculture through the State Conservation Commission grants certification status to persons having completed specific training and planning requirements.
More information
Nutrient Management Legislation in Pennsylvania (Penn State Extension)
Pennsylvania's Nutrient Management Act (Act 38): Who Is Affected? (Penn State Extension)
Concentrated Animal Feeding Operation Nutrient Management Plan
What is it? – A CAFO is a farm where large quantities of livestock or poultry are housed inside buildings or in confined feedlots. An operation with more than 1,000 AEUs or a CAO with 301-1000 AEUs require a CAFO permit before the operation can be populated with livestock. A CAFO permit requires the implementation of an Act 38 Nutrient Management Plan.
Who can complete a CAFO permit and develop the Act 38 Nutrient Management Plan? - A farmer or private consultant can complete the CAFO permit application and submit to the DEP and any person certified as a commercial nutrient management specialist through the Pennsylvania Department of Agriculture's Nutrient Management Certification Program may develop the nutrient management plan.
Who issues CAFO permits? – The Department of Environmental Protection
Who reviews CAFO permits and the nutrient management plan for the permit? – The Department of Environmental Protection will review and approve the CAFO permit. The State Conservation Commission (SCC) or any County Conservation District Board of Directors that has been delegated the authority by the SCC to review and take action on a nutrient management plan.
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Concentrated Animal Feeding Operations (PA DEP)
Department of Environmental Protection, Agricultural Erosion and Sediment Control Plans
What is it? – An Ag E&S plan is written to satisfy the Chapter 102 Erosion and Sediment Control under the Clean Streams Law. An Ag E&S plan is required for operations where agricultural plowing and/or tilling activities (including no-till) and Animal Heavy Use Areas disturb more than 5,000 sq. ft. A NRCS Conservation Plan may satisfy this requirement if certain areas such as soil loss and animal heavy use areas are addressed according to the DEP guidelines.
Who can develop Ag E&S Plans? – Any person can develop their own Ag E&S plan but a Certified Conservation Planner or NRCS Staff is recommended.
Who approves Ag E&S Plans? – There is not a legal requirement for Ag E&S plans to be reviewed or approved, unless construction activities are proposed. Ag E&S plans must be available on the farming operation at all times. These plans would be provided to regulatory agencies upon request.
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DEPs Manure Management Manual (overview)
Manure Management Plan
What is it? – A plan, required under Chapter 91, that addresses all farms that generate or utilize manure and are not regulated by another state-approved program. The Pennsylvania Manure Management Manual provides the requirements and a workbook for preparing a Manure Management Plan.
If the farming operation has an Act 38 NMP or CNMP, the operation would be meeting the state requirements for a Manure Management Plan.
Who can develop a Manure Management Plan? – Any person can develop their own Manure Management Plan.
Who approves a Manure Management Plan? – There is no formal legal requirement for a MMP to be reviewed or approved. MMPs must be available on the farming operation at all times. These plans would be provided to regulatory agencies upon request.
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