NBS FROM MANURE BROKERS. Clarifier: Act 49 NBSs are Act 38 NBS submitted to satisfy Act 49 purposes.

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1 NBS FROM MANURE BROKERS Clarifier: Act 49 NBSs are Act 38 NBS submitted to satisfy Act 49 purposes.

2 Act 49 Manure Hauler & Broker Requirements Certified commercial manure haulers (levels 2 & 3) are required to: Land apply manure using: An Act 38 approved NMP, or A NBS developed following Act 38 criteria for NBS, or A Manure Management Plan meeting Chapter 91 criteria and standards Certified commercial manure brokers (levels 1 & 2) are required to: Provide NBSs to ag operations where they have brokered manure for land application. Level 2 brokers may develop NBSs for any manure they broker either for Act 38 or Act 49 purposes. Brokers may have certified commercial Nutrient Management specialists develop NBSs NBSs must be submitted NO LATER THAN the time of transfer of manure to: Importing farm District where manure originated (Exporter) District where manure is being hauled or applied (Importer)

3 NM/MM Delegation Agreement Required Output Measures (ROMs) pertaining to Act 49

4 Proctoring Exams (ROM L.1) Districts will proctor the commercial manure hauler Level 2 exam. PDA/SCC will provide all materials and instructions for conducting the exam.

Is there a NMP, MMP or NBSs available? Who provided the NBSs?

5 Status reviews or site visits relating to complaints (ROM L.2) Determine if a manure hauler or broker is being utilized. Does the ag operator have any records that a hauler or broker land applied manure? Is there an exporter/broker agreement? Is there a NMP, MMP or NBSs available? Who provided the NBSs? Check Act 49 certification listing on PAPlants to see if hauler or broker is currently certified. Contact SCC certification program if the hauler or broker name does not appear on the listing.

6 Status reviews or site visits relating to complaints (ROM L.2 - cont.) Does the hauler have a copy and utilizing an appropriate manure application plan (Act 38 NMP or NBS or MMP)? If a commercial hauler or broker is potentially violating Act 49 requirements, I.E. Is hauling, land applying or brokering manure without certification Not following an appropriate manure application plan or providing NBSs. Notify SCC to address the issue. (Michael Aucoin; maucoin@pa.gov ) SCC will advise on want supporting documentation will be needed to address the issues.

7 Act 49 NBS Review (ROM L.3) Districts must review 10% of NBSs that are submitted by Act 49 brokers for importing ag operations in its county. Districts must work with the manure broker that authored the NBS to correct any deficiencies. If a manure broker continues to submit deficient NBSs, refuses to correct issues or fails to submit NBSs: District should contact Manure Hauler Certification program at the SCC. (Michael Aucoin; maucoin@pa.gov ) Submit all supporting documentation requested by the SCC.

8 Reporting (ROM L.4) The District will provide the SCC with quarterly reports that summarizes: Information supplied on NBSs that were received from manure brokers, and Activities related to receipt and review performed by the District during the reporting period. Reports will be submitted on forms supplied by the SCC.

9 Act 49 NBS Quarterly Act 49 NB Report (Supplement 4)

10 The Process - Receipt of Act 49 NBSs Maintain a log of all Act 49 NBSs received. Date of receipt Name of certified broker or certified NMS and Cert # of who submitted the NBS. Name of certified broker or certified NMS and Cert # of who developed the NBS. Name and location (county and address) of importing and exporting operations. Send an acknowledgement letter to broker verifying receipt of NBS. See Chap. 6, Supplement 15 for a sample letter.

11 Acknowledgment of Receipt of NBS (Template - Supplement 15)

12 The Process - Review of Act 49 NBS Review minimum of 10% of all NBSs submitted to district from IMPORTING OPERATIONS ONLY. Review ONE NBS developed for Act 49 submitted by a certified Broker Level 2 or NMC (on behalf of a broker) on a quarterly or annual basis. District may choose to review a second NBS from the same broker if technical deficiencies were found on the first NBS. Review of NBSs should be conducted with the objective to identify any deficiencies or inconsistencies with Act 38 format. Special Note: Act 49 NBSs are not required to be approved by the district. Therefore, the objective is not for approval of the NBS but to insure content meets Act 38 standards for NBSs. Refer to Appendix 8 - Importer/Broker Agreement and NBSs from the PA Act 38 Tech Manual.

13 Review of Act 49 NBS (cont.) The district should work with the author of the Act 49 NBS on any issues. Districts may use the sample letter - Chap. 6, Supplement 8 District should allow 30 calendar days for corrections If corrections are not made within the 30 days, the district may allow up to an additional 15 more calendar days for corrections.

14 Sample Review Letter for Act 49 NBSs (Template Supplement 8)

15 Review of Act 49 NBS (cont.) When all issues have been corrected, the district should advise the author to re-submit a corrected copy to all parties (importer, conservation district). A copy of the corrected Act 49 NBS should be placed in the importing operators file at the district.

16 Notification to SCC If there is no response after the additional extension, contact SCC certification staff with the following information. Name and certification # of the author of the NBS. Submit all supporting documentation and any subsequent information requested by SCC.

17 Filing of NBS File in Act 38 landowner file if Act 38 farm is exporting manure. File in Act 38 landowner file if Act 38 farm is importing manure. All other NBSs submitted to meet Act 49 requirements should be filed with the importer or exporter files kept at the district.

Tech Manual Update Bulletin

Tech Manual Update Bulletin Pennsylvania s Nutrient Management Act Program VERSION 10 OCTOBER 2017 The Pennsylvania Act 38 Nutrient Management Program Technical Manual has been developed in order to provide