Multi-State CNMP Meeting Karl Rockeman P.E. North Dakota Department of Health Jill Helmuth, NRCS

ND Permitting universe Approximately 70 CAFO’s Approximately 70 CAFO’s Over 600 small and medium permitted operations Over 600 small and medium permitted operations –Mostly beef open lots –Some swine sow units –Few large dairies –Very little poultry

ND Advantages Glacial Till Glacial Till Large land based/few livestock Large land based/few livestock Phosphorous-poor soils Phosphorous-poor soils Low rainfall, high evaporation Low rainfall, high evaporation

ND Water Quality Rules Rules for Large CAFO’s follow EPA standards Rules for Large CAFO’s follow EPA standards Only Large CAFO’s required to have permit Only Large CAFO’s required to have permit –All operations(small-large) required to prevent impacts to waters of the state

ND Water Quality Rules 270 day minimum storage requirement 270 day minimum storage requirement Have additional groundwater protection Have additional groundwater protection –1/16 inch per day seepage rate –usually met with 2 feet thick compacted clay liner –in situ soils may be allowed

ND Water Quality Rules NMP’s required of all permitted operations NMP’s required of all permitted operations Nutrient Management Plan Requirements Nutrient Management Plan Requirements –Acreage requirement –Soil and manure testing –“typical” values

ND Air Quality Rules Currently no Air Quality permitting requirements Currently no Air Quality permitting requirements –May be implemented due to federal EPA action on GHG reporting

ND Odor Regulations- Nuisance laws Apply to everyone Apply to everyone Odor readings taken on a complaint basis Odor readings taken on a complaint basis Location where odor readings are taken based on Location where odor readings are taken based on –Applicable setback distances –Who was established first Prohibit odors 7 Odor Concentration Units (O.C.U) or higher, as measured with scentometer Prohibit odors 7 Odor Concentration Units (O.C.U) or higher, as measured with scentometer

ND Odor Regulations- Enforcement Upon first apparent violation Upon first apparent violation –notice of the apparent noncompliance –establish an odor management plan. If another violation is documented more than 15 days after implementing the odor management plan enforcement action may be taken. If another violation is documented more than 15 days after implementing the odor management plan enforcement action may be taken. –Violation must be documented by two inspectors and by two readings each, taken at least 15 minutes apart but no more than two hours apart

ND H 2 S Regulations-Nuisance Prohibits concentrations of H 2 S 0.05 ppm (50 ppb) or higher Prohibits concentrations of H 2 S 0.05 ppm (50 ppb) or higher –Readings taken on a complaint basis at the complainants property boundary or in public areas –Violation if two readings taken at least 15 minutes apart, but within 2 hours, exceed 0.05 ppm (50 ppb)

ND Zoning Rules Townships, then Counties have zoning authority Townships, then Counties have zoning authority –Can only regulate nature, scope and location –Can not impose environmental requirements Has been preempted by state law Has been preempted by state law State has “fall-back” setback distances where no local zoning is in place State has “fall-back” setback distances where no local zoning is in place

ND Section 319 Program Provides cost share for conservation practices through 20 watershed coordinators and 2 statewide coordinators Provides cost share for conservation practices through 20 watershed coordinators and 2 statewide coordinators Also includes education component through NDSU extension Also includes education component through NDSU extension Provided $2.2 Mil/yr for practices including Manure management systems, cover crops, riparian areas and septic systems. Provided $2.2 Mil/yr for practices including Manure management systems, cover crops, riparian areas and septic systems. $175,000 cap per system $175,000 cap per system

Waterspreading Design Balance nutrient load with plant nutrient uptake. Balance nutrient load with plant nutrient uptake. Primarily level fields of alfalfa. Primarily level fields of alfalfa. Challenge is to design the field to spread water evenly. Challenge is to design the field to spread water evenly. Maintaining the even distribution into the future? Maintaining the even distribution into the future?

CNMP Planning Process CAP 102 – CNMP CAP 102 – CNMP NRCS payment for complete planning of a system NRCS payment for complete planning of a system Producer is eligible for future EQIP payments for components of system. Producer is eligible for future EQIP payments for components of system. ND NRCS has utilized one TSP to do this work. ND NRCS has utilized one TSP to do this work. “Sticker Price” “Sticker Price”

Engineering Practices Installed Ponds – 18 (1 w/ liner) 313 Ponds – 18 (1 w/ liner) 632 Solids Separator Solids Separator Access Road Access Road Heavy Use Areas Heavy Use Areas Precision Land Forming – Precision Land Forming – Diversion Diversion - 12

EQIP Rates 102- Conservation Activity Plan CNMP $10K 102- Conservation Activity Plan CNMP $10K 313- Waste Storage Facility – 365 days 313- Waste Storage Facility – 365 days 462- Precision Land Forming – feedlot shaping- $1.26/cy 462- Precision Land Forming – feedlot shaping- $1.26/cy 561- Heavy Use Areas – capped at $30K 561- Heavy Use Areas – capped at $30K 521D- Pond Lining, Clay – $5.32/cy 521D- Pond Lining, Clay – $5.32/cy

Research Manure Mineralization Manure Application Timing Soil Effects from Manure Applications Discovery Farms

North Dakota Discovery Farms Intensive on farm runoff monitoring Intensive on farm runoff monitoring Producer driven Producer driven Finding solutions Finding solutions 3 sites- 2 AFO’s, one tile drainage 3 sites- 2 AFO’s, one tile drainage Based on Wisconsin Discovery Farms Based on Wisconsin Discovery Farms –WIDiscoveryFarms.org –

Discovery Farms Pictures

Outreach Work Manure Applicator and CAFO Operator’s School Composting Demonstration Day Field Demos Animal Euthanizing/Carcass Management Clinic Nutrient Management Website ( Nutrient Management News

Outreach Work Extension Publications Composting Animal Manure Manure Spreader Calibration Pond Markers Animal Carcass Disposal Turkey Carcass Composting Land Application of Manure Manure Sampling Feedlot Assessment Tool

ND Department of Health Feel free to contact us with any other questions Karl Rockeman ( ) Brady Espe ( ) North Dakota Department of Health 918 E Divide Ave 4 th Floor Bismarck, ND

ND NRCS Jill Helmuth PE Jill Helmuth PE –Ag Engineer Bismarck State Office – Ted Alme Ted Alme –Agronomist Bismarck State Office –

NDSU Extension Service Chris Augustin Chris Augustin –Nutrient Management Specialist –Carrington Research Extension Center – – Teresa Dvorak Teresa Dvorak –Nutrient Management Specialist-Livestock Systems –Dickinson Research Extension Center –