Current through Register Vol. 54, No. 49, December 7, 2024
Section 83.262 - Identification of CAOs(a)Procedure. To determine if a particular agricultural operation is a CAO, the number of AEUs per acre on the agricultural operation shall be calculated using the following procedure: (1) The number of AEUs on the agricultural operation shall be calculated by using the following steps: (i) Compute the animal weight for the agricultural operation by multiplying the average number of animals on the agricultural operation by the standard animal weight used by the livestock industry in this Commonwealth. The standard weights contained in guidance published by the Commission may be used to meet this requirement. Other animal weights may be used in place of those in the Commission guidance, if there is sufficient documentation to support their use. For those animal types not included in the Commission guidance, the average animal weight for the operation shall be used for this calculation, taking into account, if applicable, the range of animal weights throughout the time the animals are on the operation.(ii) Annualize the average animal weight per day by multiplying the animal weight derived in subparagraph (i) by the number of days per year that the animals are on the operation, then divide by 365 days.(iii) Compute the number of AEUs for the particular animal type by dividing the number derived in subparagraph (ii) by 1,000.(iv) Compute the AEUs for the operation by adding together the number of AEUs for each type of animal to equal the total number of AEUs on the agricultural operation.(v) Operations having less than eight AEUs are not classified as CAOs regardless of the animal density.(2) Compute the number of AEUs per acre by dividing the total number of AEUs by the total number of acres of land suitable for the application of manure.(i) For the sole purpose of determining whether an agricultural operation is a CAO, "land suitable for the application of manure" is land that meets all of the following:(A) The land is under the management control of the operator.(B) The land is cropland, hayland or pastureland.(C) The land is an integral part of the agricultural operation, as demonstrated by title, rental or lease agreements, crop records or information on a form provided by the Commission.(D) The land is or will be any of the following: (I) Used for the application of manure generated by the agricultural operation.(II) Included within the areas where manure may not be applied under § 83.293(c) (relating to determination of nutrient application rates).(III) Included within the areas where manure may not be mechanically applied under § 83.294(f) and (g) (relating to nutrient application procedures).(ii) The term "land suitable for application of manure" does not include farmstead areas or forest land.(b)Example of AEU per acre calculation. An operation has an average number of 10,000 medium broilers with an average weight of 2.3 pounds. During the year there are six flocks with a production period of 43 days per flock. This amounts to 258 days per year that the birds are on the operation. During the remaining down time, no manure is produced. The farmstead is 2 acres. There are 3 acres of woodlands and 7 acres of cropland. The following is the AEU per acre calculation for this operation: Step 1. 10,000 med. broilers x 2.3 lb. avg. wt. = 23,000 lb. total weight
Step 2. 23,000 lb. total weight x 258 days per year divided by 365 days = 16,257 lbs.
Step 3. 16,257 lbs. divided by 1,000 lbs. per AEU = 16.25 AEUs
Step 4. Total number of AEUs on the agricultural operation is 16.25
Step 5. 16.25 AEUs divided by 7 acres of land suitable = 2.32 AEUs per acre
The provisions of this § 83.262 amended June 2, 2006, effective 10/1/2006, 36 Pa.B. 2636. This section cited in 25 Pa. Code § 83.261 (relating to general).