Nutrient Management Regulations and the Equine Industry A.M. Swinker1, C.A. Williams2, A.O. Burk3, K. Anderson4, C. Skelly5, M.L. Westendorf2

1Pennsylvania State University, University Park, PA; 2 Rutgers, the State University of New Jersey, New Brunswick, NJ; 3University of

Maryland, College Park, MD; 4University of Nebraska, Lincoln, NE; 5Michigan State University, East Lansing, MI

State and federal agencies are implementing stronger nutrient regulatory laws including

equine operations. Nationwide, equine numbers have increased by 77% since 1997; and

there are 9.5 million horses in the United States (AHC, 2005). All horse farms are covered

under the Federal Animal Feeding Operation (AFO) and these laws are regulated through the

Environmental Protection Agency (EPA); state requirements may be more stringent than

federal. Pennsylvania requires any farm housing animals to write a Manure Management

Plan, regulated by Department of Environmental Protection, and kept on file at the farm and

doesn’t need to be approved, unless it is a Concentrated Animal Operation (CAO) or

Concentrated Animal Feeding Operation (CAFO). New Jersey requires facilities with as few

as 8 animal units (AU) to develop animal waste management plans. The rule is tiered with

larger farms (> 300 AU) having to complete a certified nutrient management plan, farms of 8-

299 AU complete a self-certified plan, and the smallest farms (< 8 AU) complete no plan. In

Delaware one horse equals 1.25 AU; properties with seven or more horses must comply. The

Virginia Department of Conservation and Recreation manages agricultural nutrients found in

fertilizers, manure, and focus on BMPs, P-Index management. VA defines AFOs as 150

horses, kept in confinement for 45 days/yr. In 2010, West Virginia Department of Agriculture

established the nutrient management certification program for equine. Maryland’s Water

Quality Improvement Act, affect horses in 2004; horse operation making $2,500 gross annual

income or houses 8 AU's must file plans. Farms with 75 horses are subject to state

permits. Kentucky’s 1998 Act requires operation with 14 contiguous acres develop a

plan. Twenty-five states administer a state NPDES, CAFO Program with other state permit

program.

ABSTRACT

• Governmental agencies are concerned about non-point sources of pollution and have

focused on agriculture as a major contributor to water quality issues. Equine operations are

now included in these regulations. Many state’s laws have regulated equine farms requiring

farm managers to incorporate conservation practices.

• Federal law states that equine operations with at least 500 head of horses that are in

confinement for 45 days (nonconsecutive) over a 12 month period are considered a CAFO.

State requirements may be more stringent than the federal requirement. A specific farm

operation's requirements are spelled out in their permit and it is against those requirements

that the state and EPA will inspect an operation and evaluate compliance.

• In some states a horse farm may be regulated by more than one agency. Each horse farm

should have a plan for managing manure, pastures and mud. Agencies are focusing on

equine operations because of the large number of high density farms.

• Chesapeake Bay Executive Order to reduce the amount of nitrogen and phosphorus

entering the Chesapeake Bay has impacted agriculture.

INTRODUCTION

STATE’S EQUINE NUTRIENT MANAGEMENT REGULATIONS --- SURVEY RESULTS

Pennsylvania is a state that has more than one regulation. In 2011, any farm that houses one

animal in the state of Pennsylvania will have to have a written Manure Management Plan,

meeting the guidelines provided in the PA Department of Environmental Protection’s Manure

Management Manual. The plan needs to be kept on file at the farm and doesn’t need to be

approved, unless the farm is a Concentrated Animal Operation (CAO) 8 AU & acreage limit,

or Concentrated Animal Feeding Operation (CAFO) (> 500 AU).

Arkansas Federal Animal Feeding Operation (AFO/CAFO) Regulation are regulated through

the Environmental Protection Agency (EPA). Nutrient management planning is mandatory in

many instances, record keeping and developed by a certified planner. A farm has to have at

least 500 horses, must be in confinement for 45 days (nonconsecutive) over a 12 month

period. Some horse farms may be eligible for federal financial incentive programs,

Environmental Quality Incentives Program (EQIP). Farms located in identified nutrient-

sensitive areas of the state may be required to do more regulation due to Arkansas Acts 1059

and 1061, took effective in 2004.

Virginia The Virginia Department of Conservation and Recreation works to manage both

urban and agricultural nutrients found in fertilizers, manure, municipal sewage sludge and

other sources. Regulations focus on manure management, BMPs, P-Index management,

and VA has a “no discharge” permit requirement. The state regulates animal feeding

operations and defines them as150 horses, 300 slaughter steers or 200 dairy cattle; and are

kept in confinement for 45 days, over a 12 month period.

New Jersey The New Jersey Department of Agriculture coordinates the Animal Waste

Management Regulations that requires facilities with as few as 8 animal units (AU = 1000 lb.

of animal) to develop animal waste management plans. Agricultural management

professionals in New Jersey assist livestock operations in preparing environmentally

responsible animal waste management plans. The rule has a tiered approach with only

larger farms (>300 AU) having to complete a fully certified nutrient management plan. The

farms have more than 8 AU will complete a self-certified plan. The smallest farms (< 8 AU)

will not be required to complete any plan; however, they are encouraged to do so.

Delaware Delaware's law dictates that anyone with 8 AUs have a waste management plan,

which provides specific guidelines about where and how to store manure and document what

is done with it. In Delaware, one horse equals 1.25 AUs, so only properties with seven or

more horses must comply. Also, if fertilizer is applied to 10 or more acres, one must have a

nutrient management plan. (DE, DOA, 2011)

STATE NUTRIENT MANAGEMENT REGULATIONS

Equine operations are treated differently among the various states. In some states a horse farm may be

regulated by more than one agency. However, horse farms should have a conservation plan to

manage manure, pastures and mud. In some states, state requirements may be more stringent than

the federal requirement. Therefore, farm managers should be aware of their state’s nutrient

management law(s)!

DISCUSSION

American Horse Council. 2005, The economic impact of the horse industry in the United States, Washington, DC.

Fiorellino, N.M., K.M. Wilson, and A.O. Burk. 2013. Characterizing the use of environmentally friendly pasture management practices by horse

farm operators in Maryland. J Soil Water Conserv. 68:34-40.

Swinker, A., S. Worobey, H. McKernan, R. Meinen, D. Kniffen, D. Foulk, M. Hall, J. Weld, F. Schneider, A. Burk, M. Brubaker, 2011, Profile of the

Equine Industry’s Environmental, Best Management Practices and Variations in Pennsylvania, J. Eq. Vet. Sci. 30:44176.

Westendorf, M. L., T. Joshua, S. J. Komar, C. Williams, and R. Govindasamy. 2010. Manure Management Practices on New Jersey Equine

Farms. Prof. Anim. Sci. 26:123-129.

REFERENCES

OBJECTIVE

Maryland In 1998 the Water Quality Improvement Act, took effect and horses were included July of

2004. The regulatory agency is the Maryland Department of Environment (MDE). However, in addition

Maryland will also be regulated under the EPA Chesapeake Bay TMDL. Under the Water Quality

Improvement Act, horse operations that make $2,500 gross annual income or house 8 AU's are

required to file a plan.

North Carolina North Carolina 1993 developed its own water quality permitting program through the

N.C. Division of Water Quality (DWQ), Department of Environmental & Natural Resources (DENR).

Facilities are subject to state permits if they include 75 head of horse (or 100 confined cattle) in the

operation.

Kentucky Water Quality Act 1998 requires a plan be developed for any operation with land base of 14

contiguous acres. Twenty-five states administer a state NPDES CAFO Program with some other state

permit, license, or authorization program. In most cases, this additional state authorization is a

construction or operating permit.

Twenty-five states administer a state NPDES CAFO Program with some other state permit, license, or

authorization program. In most cases, this additional state authorization is a construction or operating

permit.

Objective was to summarize nutrient management regulations in the “Eastern States” as

determined by phone surveys of agencies and university extension specialists.

Figure 2. Equine manure Handling Facility

States Equine Population State Regs. N & P Based P-index Determination of Requirements Funding Match Soil test Manure test Local Requirements

Alabama 148,152 Yes N and P Yes See document for details State and Federal Yes No State requirements

Arkansas 168,014 Yes N and P Yes See document for details State and Federal Yes No Arkansas Dept. of

Environment

Delaware 11,083 Yes N and P Yes 8 AU's DE, DOA,

Florida 500,125 Yes N and P Yes NRCS and University of Florida State and Federal Yes Yes FL Dept. of Environmental

Protection

Georgia 179,512 Yes N and P Yes EPD currently, nutr/manure standards State/Federal/Grants Yes No No local requirements

Kentucky 320,173 Yes N and P No 14 Contiguous Acres None Yes No KY Ag Water Quality Act

Louisiana 164,000 Yes N and P Some NRCS regulate heavily State and federal N/A N/A N/A

Maryland 79,100 Yes N and P Yes $2,500 gross annual income or 8AUs State Requirements

Michigan 155,000 Yes N and P No CAFO regs. for NMP, Manure Manage all farms Funding Available State

Mississippi 13,063 Yes N and P Yes See document for details State and Federal Not required No State

New Hampshire 14,681 Yes N and P Yes Usually through complaints taken State and Dept. of AG Yes Yes Each County differs

New Jersey 83,000 Yes N and P Yes 7-299 AU's conservation plan, 300 AUs CNMP Federal Funded State

North Carolina 256,269 Yes P and N Yes NRCS, USDA,NCDA, 100 Cattle, 75 horses See document Yes PLAT (P levels)

Pennsylvania 255,000 Yes N and P Yes CAOs>2 AEUs/acre & 8 AUs, MNP all farms Minimal Yes Yes State Conserv Com, PA

EPA

South Carolina 94,773 Yes N and P Yes Incorporated into land application regulations State Not required No State level, local levels