Current through Register Vol. 48, No. 38, September 20, 2024
a) Livestock waste application must not
exceed the agronomic nitrogen rate, which is defined as the annual application
rate of nitrogen that can be expected to be required for a realistic crop yield
goal. Multi-year phosphorus application is allowed when the application is
specified in a nutrient management plan and meets the requirements in Section
502.615. Any application must be
consistent with nutrient management plan requirements. The agronomic rate must
be determined in a manner consistent with this Section and Section
502.615.
b) Livestock Waste
Volumes. The estimate of the annual volume of available livestock waste for
application must be obtained by multiplying the number of animals constituting
the maximum design capacity of the facility by the appropriate amount of waste
the animals generate. For this Section, "maximum design
capacity" means the maximum number of animals that can be housed at any time
for a minimum of 45 days at a CAFO. The following sources may be used to obtain
the amount of waste generated:
1) Livestock
Waste Facilities Handbook, Third Edition, Table 2-1, incorporated by reference
at 35 Ill. Adm. Code 501.200(a);
2) 35 Ill. Adm. Code 560. Table 1;
3) Manure Characteristics,
2nd ed., 2004 (MWPS-18 Section 1), MidWest Plan
Service, incorporated by reference at 35 Ill. Adm. Code
501.200(a);
and
4) NRCS Agricultural Waste
Management Field Handbook Chapter 4, incorporated by reference at 35 Ill. Adm.
Code 501.200(a).
c) Nutrient Value of Livestock
Waste. For new livestock facilities that have not generated livestock waste,
the owner or operator must prepare a plan based on an average of the minimum
and maximum numbers in the table values derived from Livestock Waste Facilities
Handbook, Third Edition, Table 2-1, 10-6, or 10-7, or Manure Characteristics,
incorporated by reference at 35 Ill. Adm. Code 501.200, or 35 Ill. Adm. Code
560.Table 1 or Table 2. If "as produced" or "as excreted" nutrient values are
used, the nitrogen value must be adjusted to account for losses due to the type
of storage system used, using an average of the ranges in Livestock Waste
Facilities Handbook, Third Edition, Table 10-1. Other sources of nutrient
values may be used if approved by the Agency. Owners or operators of existing
livestock facilities must prepare the plan based on representative sampling and
analysis of the livestock waste the CAFOs generate in accordance with Section
502.635(b).
d) Adjustments to Nitrogen Availability.
Adjustments must be made to nitrogen availability to account for the following:
1) Nitrogen loss from livestock waste due to
method of application, based on an average of the ranges in Livestock Waste
Facilities Handbook, Third Edition, Table 10-2; and
2) The first-year mineralization of organic
nitrogen into a plant-available form, as obtained from Livestock Waste
Facilities Handbook, Third Edition, Table 10-5.
e) Realistic Crop Yield Goal
1) The realistic crop yield goal must be
determined for each field where the livestock waste is to be land applied. The
realistic crop yield goal must be determined using an average yield over a
five-year period from the field where livestock waste is to be land applied.
The source of data used to determine the realistic crop yield goal is provided
in subsection (e)(2).
2) Whenever
five years of data are available for the field where livestock waste is to be
land applied, proven yields must be used in calculating the realistic crop
yield, unless there is an agronomic basis for predicting a different realistic
crop yield goal. The owner or operator must indicate the method used to
determine the proven yield. Data from years with crop disasters may be
discarded.
A) If five years of proven yield
data are not available for the field where the livestock waste is to be land
applied, or if an agronomic basis exists for predicting a different realistic
crop yield goal, the owner or operator may calculate the realistic crop yield
goal using crop insurance yields or Farm Service Agency USDA yields. If either
of these sources is used, a copy of the insurance or assigned crop yields must
be included with the nutrient management plan.
B) If data is not available on proven yields,
crop insurance yields, or Farm Service Agency yields; or if an agronomic basis
exists for predicting a different realistic crop yield goal, the owner or
operator must use soil-based yield data from the University of Illinois
"Average Crop, Pasture, and Forestry Productivity Ratings for Illinois Soils;
Bulletin No. 810" (Bulletin 810) or "Optimum Crop Productivity Ratings for
Illinois Soils; Bulletin 811" (Bulletin 811), incorporated by reference at 35
Ill. Adm. Code 501.200, to comply with subsection (e)(1) to calculate the
realistic crop yield goal.
i) If Bulletin 810
or 811 is used to calculate the realistic crop yield goal, a soil map of the
land application areas must be included in the nutrient management
plan.
ii) If Bulletin 810 or 811 is
used, the realistic crop yield goal must be determined by a weighted average of
the soil interpretation yield estimates for the fields where livestock waste is
to be land applied.
iii) If
Bulletin 811 is used, the owner or operator must demonstrate in the nutrient
management plan that the operational management and field conditions of the
facility and land application areas meet the requirements for optimum
conditions as provided in Bulletin 811.
f) Nitrogen Credits
1) The CAFO owner or operator must calculate
nitrogen credits, under Section
502.505(n)(7),
for nitrogen-producing crops grown the previous year, for other sources of
nitrogen applied for the growing season, and for mineralized organic nitrogen
in livestock waste applied during the previous three years.
2) The CAFO owner or operator must calculate
nitrogen credits for the mineralized organic nitrogen in livestock waste
applied during the previous three years at the rate of 50%, 25%, and
12.5 %, respectively, of that
mineralized during the first year.
g) Phosphorus. The CAFO owner or operator
must develop or amend the plan to determine the maximum livestock waste
application rate for each field. The plan for that field must contain the
following:
1) The phosphorus content of the
livestock waste must be determined in accordance with subsection (c);
2) The realistic crop yield goal of each crop
in the field, obtained under subsection (e)(1);
3) The phosphorus amount needed for each crop
in the plannedcrop rotation, expressed as
P2O5, obtained from the Illinois
Agronomy Handbook, 24th Edition, incorporated by
reference at 35 Ill. Adm. Code 501.200. Determining this phosphorus amount must
be based on the realistic crop yield goal for each planned crop and the soil
test for available phosphorus (Bray P1 or Mehlich 3 conducted according to the
Recommended Chemical Soil Test Procedures for the North Central Region,
incorporated by reference in 35 Ill. Adm. Code 501.200);
4) The phosphorus carryover from previous
years' application of phosphorus or livestock waste;
5) Soil test phosphorus results for that
field; and
6) The maximum livestock
waste application rate, consistent with nitrogen-based or phosphorus-based
applications allowed under Section 502.615.
h) Nitrogen and phosphorus fertilization
rates for the realistic crop yield goal may be obtained from the Illinois
Agronomy Handbook, 24th Edition, incorporated by
reference at 35 Ill. Adm. Code 501.200, or 35 Ill. Adm. Code 560.Appendix
A.
