Ten days left to comment on manure rules

Iowans who want to comment on proposed rules governing the restricted application of liquid manure on frozen or snow covered ground have until Feb. 1 to let their voices be heard.

Although new regulations, drafted by the Iowa Environmental Protection Commission, were passed during the 2009 session, Gene Tinker with the Iowa Department of Natural Resources said lawmakers could propose changes to the initial legislation based upon his agency’s proposals.

Existing rules limit application of liquid manure on frozen ground from Feb. 1 to April 1 as well as on snow-covered ground from Dec. 21 to April 1. Exemptions are provided for farmers facing unusual circumstances, such as weather or storage-capacity limits, so long as the DNR approves the emergency plan. The legislation was supported by the Iowa Farm Bureau in lieu of more stringent rules presented by the state environmental commission that did not provide emergency exceptions.

Iowa suffers from some of the worst water quality in the nation. High levels of ammonia pollution in the spring all across Iowa have been traced back to manure application on frozen and snow-covered ground.

The law does not apply to manure from open feedlots or dry manure. It applies to confinement (totally roofed) facilities with liquid manure that have 500 or more animal units. Generally, 500 animal units translates to 1,250 finishing hogs, 5,000 nursery pigs, 357 mature dairy cows, or 500 steers, immature dairy cows or other cattle. Snow-covered ground is defined has soil having one inch or more snow cover or one half-inch or more ice cover.

“Under those conditions, producers can only apply in emergency situation, defined in the law as unforeseen circumstances beyond the control of the producer such as a natural disaster, unusual weather conditions, or equipment or structural failure,” Tinker said. “They need to notify the regional DNR field office before they apply, and they can only apply to fields that are identified for emergency application in their manure management plans and have a Phosphorus Index of two or less.”

Producers and others who once supported the legislation are concerned that farms could be required to own or build storage  facilities capable of holding 100 days of manure before an emergency exception could be taken. Such a storage requirement was not included in the approved bill, but could be a regulatory requirement under the DNR’s administrative authority. The facilities that might be most negatively impacted by the legislation and the proposed administrative regulations are those Iowa properties that built prior to 1995 and have not been required to have a manure management plan. Such producers are not only likely not to have the now needed storage facilities, but are also likely to have not identified fields for manure application in relation to potential run-off and other environmental concerns.

Tinker has held five meetings around the state to gather comments from producers and other interested parties, and will hold a final meeting on Feb. 1 at North Iowa Area Community College in Mason City. Those who wish to comment, but cannot attend the final meeting should submit their statement to gene.tinker@dnr.iowa.gov or The Iowa Department of Natural Resources, Wallace State Office Building, 502 9th St., Des Moines, IA 50319. Comments can also be faxed to (515) 281-8895.