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.