[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Notices]
[Pages 19889-19893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10548]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Nutrient Management Technical and Program Assistance Activities
AGENCY: Natural Resources Conservation Service (NRCS), Agriculture.
ACTION: Notice of proposed policy revision.
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SUMMARY: Notice is hereby given of the intention of NRCS to adopt a
revised policy for nutrient management related technical and program
assistance activities. This revised policy will impact the NRCS
national conservation practice standards for Nutrient Management (Code
590) and Waste Utilization (Code 633).
DATES: Comments must be received by June 22, 1998. This revised policy
will be adopted after the close of the 60 day comment period. It will
be issued as part 503 of the NRCS National Agronomy Manual.
FOR FURTHER INFORMATION CONTACT: Questions or comments about this
policy should be directed to Ecological Sciences Division, NRCS,
Washington, D.C. Submit questions or comments in writing to Charles H.
Lander, Nutrient Management Specialist, Natural Resources Conservation
Service, P.O. Box 2890, Room 6155-S, Washington, D.C. 20013-2890.
SUPPLEMENTARY INFORMATION: Section 343 of the Federal Agriculture
Improvement and Reform Act of 1996 requires the NRCS to make available
for public review and comment proposed revisions to conservation
practice standards used to carry out the highly erodible land and
wetland provisions of the law. For the next 60 days the NRCS will
receive comments relative to the proposed changes. Following that
period a determination will be made by the NRCS regarding disposition
of those comments and a final determination of change will be made.
Signed in Washington, D.C., on April 6, 1998.
Pearlie S. Reed,
Chief, Natural Resources Conservation Service, Washington, D.C.
NATURAL RESOURCES CONSERVATION SERVICE
National Agronomy Manual, Subpart B--Nutrient Management; Proposed
Policy
Policy Section
503.20 General
(A) The following definitions apply to terms used in this
policy.
(1) Nutrient Management: Managing the amount, source, placement,
form, and timing of the application of nutrients and soil amendments
to ensure adequate soil fertility for plant production and to
minimize the potential for environmental degradation, particularly
water quality impairment.
(2) Nutrient: Any of the elements considered essential for plant
growth, particularly the primary nutrients; nitrogen, phosphorus,
and potassium.
(3) Conservation Management Unit (CMU): A field, group of
fields, or other land units of the same land use and having similar
treatment needs and planned management. A CMU is a grouping by the
planner to simplify planning activities and facilitate development
of conservation management systems. A CMU has definite boundaries,
such as fence, drainage, vegetation, topography, or soil lines.
(4) Nutrient Source: Any material (i.e. commercial fertilizer,
animal manure, sewage sludge, irrigation water, etc.) that supplies
one or more of the elements essential for plant growth.
(5) Third Party Vendor: An individual (excluding Natural
Resources Conservation Service (NRCS) employees) who has been
certified by an approved certification organization as being
qualified to provide specified types of conservation assistance, and
whose certifying organization participates in the Department of
Agriculture (USDA) Approved Vendor Process outlined in Part 504,
``Conservation Assistance from Third Party Vendors'' of the NRCS
Conservation Programs Manual. Third Party Vendor certification
programs may include, but are not limited to:
(a) Certified Crop Advisor (CCA) Program of the American Society
of Agronomy.
(b) Land Grant University certification programs.
(c) National Alliance of Independent Crop Consultants (NAICC).
(d) Professional engineering organizations.
(6) Nutrient Management Specialist: A person who provides
technical assistance for nutrient management and has the
certification required by this policy.
(7) Nutrient Management Plan: A documented record of how
nutrients will be used for plant production. The content of such
plans shall be developed in accordance with the provisions of this
policy. Plans developed by NRCS employees shall be developed as a
component of the more comprehensive conservation plan developed for
the CMU.
(B) The policy and procedures contained in this section are
applicable to all technical assistance that involves nutrient
management and/or the utilization of organic by-products, including
animal manure, where nutrients are applied to the land. All NRCS
employees shall follow these policies and procedures when providing
such technical assistance. Third party vendors shall utilize these
policies and procedures when assisting with the implementation of
Federal conservation programs for which NRCS has national technical
responsibility and that includes nutrient management components.
(C) Nutrient management plans shall be developed in compliance
with applicable Federal, State, and/or local regulation. This policy
takes precedence over State and/or local regulations when such
regulations are less restrictive than NRCS policy. In situations
where State and/or local regulations are more restrictive than NRCS
policy, they take precedence over this policy.
(D) NRCS encourages third party vendors be a focal point for
providing nutrient management and related technical assistance to
farmers and others who apply nutrients for plant production. To
promote third party vendor activity, NRCS will make available lists
of names of persons certified to provide various types of technical
assistance.
(E) NRCS at the State level can supplement this policy to make
it more restrictive or inclusive.
503.21 Certification
(A) NRCS employees and third party vendors who review and/or
approve new or revised nutrient management plans shall be certified
by a certification program acceptable to NRCS within the pertinent
State.
(B) NRCS employees and third party vendors who review approved
new or revised nutrient management plans may also be required to
meet additional requirements as established by NRCS in the State in
which they are employed.
(C) The CCA program is recommended for use in States that have
or use no other recognized certification programs in the State.
503.22 Nutrient Management Plans
(A) All nutrient management plans are considered elements of the
overall conservation plan for the CMU. As such, the provisions of
the nutrient management plans shall recognize other requirements of
the conservation plan and not include provisions that make it
impossible for producers to comply with both the nutrient management
provisions and other provisions of the conservation plan.
(B) Nutrient management plans shall be developed in accordance
with technical requirements of the NRCS Field Office Technical Guide
(FOTG) and procedures contained in the National Planning Procedures
Handbook. As a minimum, the following components shall be included
in the description of a nutrient management plan where applicable.
(1) Aerial Site Photographs or Maps and a Soil Map
(2) Current and/or Planned Plant Production Sequence or Crop
Rotation
(3) Soil Test and Plant Tissue Test Results
(4) A Complete Nutrient Budget for the Plant Production System
(5) Realistic Yield Goals
(6) Quantification of all important Nutrient Sources (this could
include but not be limited to commercial fertilizer, animal manure
and other organic by-products, irrigation water, atmospheric
deposition, etc.).
(7) Recommended Rates, Methods, and Timing of Nutrient
Application
(8) Location of Designated Sensitive Areas or Resources (if
present on the conservation management unit).
(9) Guidance for Implementation, Operation, and Maintenance
(C) The format and appearance of nutrient management plans shall
be in accordance with the NRCS National Planning Procedures Handbook
and other guidelines adopted by NRCS in the State.
(D) Except for situations described in Sections 503.24(c) and
503.25(A)(3), all nutrient management plans shall be
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developed to meet the nutrient application requirements for a
Resource Management System (RMS) level of treatment, as described in
Section 503.24.
(E) Progressive plans for nutrient management, described in
Sections 503.24(C) and 503.25(A)(3), may be developed with existing
operations that produce and apply animal manure or other organic by-
products to the land, when they lack the land resources needed to
meet RMS nutrient application rate requirements.
(F) If the conservation management unit lies within a hydrologic
unit area that has been designated as having impaired water quality
associated with nutrients, nutrient management plans shall include
an assessment of the potential risk for nitrogen or phosphorus to be
associated with the water quality impairment. The Nitrogen Leaching
Index and/or Phosphorus Index (PI), or other acceptable assessment
tools, may be used to make these assessments. When such assessments
are required, nutrient management plans shall include:
(1) A record of the site vulnerability ratings for each field.
(2) Information about conservation practices and management
actions that can reduce the potential for phosphorus movement from
the field.
(G) Review And Revision Of Nutrient Management Plans
(1) The provisions of nutrient management plans shall be
reviewed annually to determine if short term adjustments or
modifications to the plan are needed for the next crop. The results
of the review will be documented in the plan, as will the
identification of the person who made the review.
(a) Annual reviews may be completed by the producer or the
representative of the producer. Persons completing the annual review
are not required to be certified according to the provisions of
Section 503.21 of this policy.
(b) When an annual status review indicates that a revision of
the plan is needed, the revised plan shall be approved by a
certified nutrient management specialist.
(2) A thorough review of the nutrient management plan shall be
done on a regular cycle not to exceed five years or the length of
the crop rotation. NRCS State Conservationists may require a more
frequent review cycle. The plan shall be revised, as needed, to
reflect significant changes in the operation that affect the overall
nutrient budget.
503.23 Soil and Plant Tissue Testing
(A) Current soil test information shall be used in the
development of all nutrient management plans. As a minimum, tests
will include information for pH, phosphorus, and potassium. NRCS
State Conservationists may require other tests.
(1) For the purposes of developing a new nutrient management
plan, current soil tests are those that are no older than 1 year.
(2) For the purpose of reviewing and revising previously
developed nutrient management plans, current soil tests are those
that are:
(a) No older than five years.
(b) Compliant with other guidance that requires other types of
soil tests or more frequent soil test intervals as determined by the
NRCS State Conservationists.
(B) Soil Sampling
(1) In general, soil samples shall be taken in accordance with
Land Grant University guidance or standard industry practice if
accepted by the Land Grant University within the State.
(2) In situations where there are special production or
environmental considerations, States may require other sampling
techniques. For example:
(a) Sub-soil sampling for residual nitrate in irrigated crop
production systems.
(b) Pre-sidedress Nitrogen Test (PSNT) and/or Pre-Plant Soil
Nitrate test.
(c) Sampling of the surface layer (0-2 inches) for elevated soil
phosphorus or soil acidity when there is permanent vegetation, non-
inversion tillage, or when animal manure or other organic by-
products are broadcast or surface applied.
(C) Soil test analysis shall be performed by laboratories that
are accepted in one or more of the following programs:
(1) State Certified Programs.
(2) The North American Proficiency Testing Program (Soil Science
Society of America).
(3) Other laboratories whose tests are accepted by the Land
Grant University in the State in which the tests are used as the
basis for nutrient application.
(D) NRCS State Conservationists may recommend the use of tissue
analysis and other such tests when needed to insure acceptable
nutrient management.
(E) The nutrient content of animal manure and other organic by-
products shall be based on:
(1) Laboratory analysis of the material.
(2) Accepted book values recognized by NRCS in the absence of
laboratory analysis.
503.24 Nutrient Application Rates
(A) Except for situations described in Sections 503.24 (C) and
503.25(A)(3), the actual rate of nutrient application of all plans
shall be for a RMS level of treatment.
(B) Actual nutrient application rates for an RMS shall not
exceed the rates recommended based on soil test or other analysis,
except for the application of phosphorus and potassium associated
with the use of animal manure and other organic by-products. When
animal manure or other organic by-products are land applied, the
following guidance applies:
(1) For phosphorus, one of the following options may be used to
establish acceptable phosphorus application rates for an RMS:
(a) When soil specific phosphorus threshold (TH) data is
available that identifies the soil phosphorus level at which soluble
losses of phosphorus in runoff become significant, the phosphorus
application may be based upon the following guidance: Soil Test P
Level, Allowed P Application Rates; <\3/4\TH Value, Nitrogen Based
Application; =>\3/4\TH <1\1/2\TH, Crop Removal; =>1\1/2\TH <2TH, \1/
2\ Crop Removal; =>2TH, No Application;
(b) When soil specific phosphorus threshold (TH) data is not
available, the phosphorus application shall be based upon the
following guidance: Soil Test P Level, Allowed P Application Rates;
Low, Nitrogen Based Application; Medium, Nitrogen Based Application;
High, 1.5 times Crop Removal; Very High, Crop Removal; Excessive, No
Application;
(2) No limit is placed on potassium application associated with
manure or other organic by-products.
(C) The nutrient application rates described in progressive
plans shall meet RMS requirements, except for the application of
phosphorus. Initially, planned phosphorus application rates in
progressive plans may be based on a nitrogen standard for the
utilization of animal manure or other organic by-products.
503.25 Special Considerations
(A) When developing nutrient management plans that include the
use of manure or other organic by-products:
(1) All nutrient management plans developed in accordance with
Section 503.24(A) shall identify adequate land resources to enable
eventual plan implementation based on phosphorus, even when initial
implementation will be based on nitrogen, unless other provisions
that do not involve land application are made for utilizing the
manure. Such plans shall identify the year in which the producer may
need access to these additional land resources to move to a
phosphorus base for future implementation of the plan.
(2) The nutrient management plans shall include a field-by-field
assessment of the potential risk for phosphorus to be associated
with water quality impairment. This assessment may be accomplished
using the Phosphorus Index or other recognized assessment tool.
When a phosphorus assessment is completed, the nutrient
management plans shall describe:
(a) A record of the vulnerability ratings for each field.
(b) Information about other conservation practices and
management activities that can reduce the potential for phosphorus
movement from the field.
(3) Progressive plans developed with producers who do not have
adequate land resources to develop and implement a plan based on
phosphorus shall:
(a) Be developed on a ``case-by-case'' basis with individual
producers.
(b) Include conservation practices and management activities
designed to move the producer toward a plan that meets the
requirements described in Section 503.24(A) within 10 years. Such
plans shall include milestones (installation schedules) that
identify actual movement toward an RMS during the progressive
planning period.
(c) Be effective for a period not to exceed 10 years. The
initial progressive plan shall be for a period not to exceed five
years. A second five-year progressive plan may be developed if it is
still impossible to meet the requirements of Section 503.24(A), but
progress has been shown during the first five-year period.
(B) When nutrient management plans are developed and implemented
in a way that results in expected increases in soil phosphorus
levels, the plans shall include:
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(1) Discussion about the potential for phosphorus accumulation
in the soil and for such accumulation to contribute to water quality
impairment, animal health, or crop production problems.
(2) Discussion of the time interval after which it may be
desirable (or necessary) to convert to phosphorus based manure
application rates for plan implementation.
(3) Discussion of the potential for soil phosphorus draw-down
from the production and harvesting of crops.
(C) In areas with specially protected water bodies, plans shall
be developed incorporating any special requirements that are
applicable within these areas.
(D) Land application of sewage sludge.
(1) When sewage sludge is applied to agricultural land, the
accumulations of potential pollutants from such sources (including:
Arsenic, Cadmium, Copper, Lead, Mercury, Selenium, and Zinc) in the
soil shall be monitored in accordance with the US Code Reference 40
CFR Parts 403 and 503 or applicable State laws. States may determine
if such provisions shall also be required for the land application
of animal manure and other organic by-products that contain any of
these metals.
(2) Sewage sludge shall be analyzed prior to land application to
determine its nutrient value.
(3) Acceptable application rates of sewage sludge shall be
determined using guidelines in this policy, or applicable Federal,
State or local regulations.
(E) When producing ``fresh, edible crops for the produce market,
like vegetables, root, or tuber crops'' and using sewage sludge,
animal manure, or other organic materials as a source of nutrients,
applications shall be in accordance with provisions of applicable
Federal, State, local laws or policies laws.
503.26 Record Keeping
(A) Records will be kept by the producer for nutrient management
and waste utilization plans in accordance with this policy, the NRCS
General Manual, and the FOTG. As a minimum, the following records
shall be kept by fields or management units:
(1) Soil test results and recommended nutrient application
rates.
(2) Quantities and sources of nutrients applied; and heavy
metals if applicable.
(3) Specific dates nutrients were applied.
(4) Methods by which nutrients were applied (e.g., broadcast,
incorporated after broadcast), injected, or fertigation).
(5) Crops planted and dates of planting.
(6) Harvest dates and yields of crops.
(7) Where applicable, results of water quality tests (including
irrigation water), plant tissue, or other organic by-products tests.
(8) Annual reviews including the identification of the person
completing the review and recommendations that resulted from the
review.
(B) Records shall be retained for a period of five years, for a
period equal to the implementation period of the plan if longer than
five years, or for a period longer than five years if specified by
other Federal or State agencies.
BILLING CODE 3410-16-M
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[FR Doc. 98-10548 Filed 4-21-98; 8:45 am]
BILLING CODE 3410-16-C