Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS
Section 130-14-003

Current through March 20, 2024

Permit terms with respect to protocols for land application of manure, litter, or process wastewater shall include the fields available for land application, field-specific rates of application properly developed using either the narrative rate or linear approach, and any timing limitations concerning land application on available fields. Rates of land application shall use one of the following two approaches:

003.01 Linear approach. An approach that expresses rates of application as pounds of nitrogen and phosphorus, including the following specifications:

003.01A Permit terms for the linear approach shall include:
003.01A1 The form and source of manure, litter, and process wastewater to be land-applied;

003.01A2 The timing and method of land application;

003.01A3 The methodology by which the nutrient management plan accounts for the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied; and

003.01A4 Maximum application rates from manure, litter, and process wastewater for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the Director, in pounds per acre, per year, for each field to be used for land application as well as factors necessary to determine the rate. Those factors which shall be terms shall include at least:
003.01A4(a) The outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field;

003.01A4(b) The crops to be planted in each field or any other uses of a field such as pasture or fallow fields;

003.01A4(c) The realistic yield goal for each crop or use identified for each field;

003.01A4(d) The nitrogen and phosphorus recommendations from sources specified by the University of Nebraska or other sources approved by the Director for each crop or use identified for each field;

003.01A4(e) Credits for all nitrogen in the field that will be plant available;

003.01A4(f) Consideration of multi-year phosphorus application; and

003.01A4(g) Accounting for all other additions of plant available nitrogen and phosphorus to the field.

003.01A5 For large CAFOs, the maximum amount of manure, litter, and process wastewater to be land applied, calculated at least once each year using the results of the most recent representative manure, litter, and process wastewater tests for nitrogen and phosphorus taken within 12 months of the date of land application.

003.02 Narrative rate approach. An approach that expresses rates of application as a narrative rate of application that results in the amount, in tons or gallons, of manure, litter, and process wastewater to be land applied, including the following permit terms:

003.02A Maximum amounts of nitrogen or phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the Director, in pounds per acre, for each field, and certain factors necessary to determine those amounts. Those factors which shall be terms shall include at least:
003.02A1 The outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field;

003.02A2 The crops to be planted in each field or any other uses such as pasture or fallow fields (including alternative crops identified in the nutrient management plan);

003.02A3 The realistic yield goal for each crop or use identified for each field; and

003.02A4 The nitrogen and phosphorus recommendations from sources specified by the University of Nebraska or other sources approved by the Director for each crop or use identified for each field.

003.02B The methodology by which the nutrient management plan accounts for the following factors when calculating the amounts of manure, litter, and process wastewater to be land applied:
003.02B1 Results of soil tests conducted in accordance with protocols identified in the nutrient management plan;

003.02B2 Credits for all nitrogen in the field that will be plant available;

003.02B3 The amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied;

003.02B4 Consideration of multi-year phosphorus application;

003.02B5 Accounting for all other additions of plant available nitrogen and phosphorus to the field;

003.02B6 The form and source of manure, litter, and process wastewater;

003.02B7 The timing and method of land application; and

003.02B8 Volatilization of nitrogen and mineralization of organic nitrogen.

003.02C Alternative crops identified in the nutrient management plan that are not in the planned crop rotation, listed by field, in addition to the crops identified in the planned crop rotation for that field, and the nutrient management plan shall include realistic crop yield goals and the nitrogen and phosphorus recommendations from sources specified by the University of Nebraska or other sources approved by Director for each crop. Maximum amounts of nitrogen or phosphorus from all sources of nutrients and the amounts of manure, litter, and process wastewater to be applied shall be determined in accordance with the methodology described this section.

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