DAR File No. 38071

Agriculture and Food, Conservation Commission

Rule R64-3

Utah Environmental Stewardship Certification Program (UESCP), a.k.a. Agriculture Certificate of Environmental Stewardship (ACES)

Notice of Proposed Rule

(New Rule)

DAR File No.: 38071
Filed: 10/23/2013 02:40:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes general practices and procedures for implementing the Agriculture Certificate of Environmental Stewardship (ACES) and is required by Section 4-18-107 and S.B. 57 (passed in the 2013 General Legislative Session).

Summary of the rule or change:

This rule contains a list of terms and definitions used in the ACES program, followed by requirements and procedures to qualify for certification and requirements and procedures for renewing, investigation of, revoking, or extending certification.

State statutory or constitutional authorization for this rule:

• Section 4-18-107

Anticipated cost or savings to:

the state budget:

Cost of signs: $200/sign, one sign per operation who finish certification in all sectors. Cost for education materials and workshops: $30,000. Cost of certified planners will be managed by changing work plans. Administration/Verification: $50,000

local governments:

Local government will not be affected since they have no responsibility with the Certification Program in any way.

small businesses:

Agricultural operations choosing to participate in the program will be affected between $100 to $250, depending on the number of sectors they want to be certified in.

persons other than small businesses, businesses, or local governmental entities:

This impact would be the same as identified under small businesses above.

Compliance costs for affected persons:

The cost associated to this rule is between $100 to $250, depending on the number of sectors agricultural operations want to be certified in.

Comments by the department head on the fiscal impact the rule may have on businesses:

This is a totally voluntary program and the rule does not create any direct financial impact on any farmer or rancher. If they decide to ask for the ACES Certification there will be a cost of $100 to $250, depending on the number of sectors certified. Most of this fee will be used to pay for the ACES sign that will be awarded to the farm or ranch. Depending on the current practices and conditions on the farm/ranch, the owner may have costs to update their operation to meet the best management practices required by ACES, which will bring them into compliance with state and federal environmental regulations. A substantial portion of these costs can generally be offset with grants from USDA programs. In addition, most, best management practices will increase profitability of the farm or ranch while improving their environmental stewardship.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Conservation Commission
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Thayne Mickelson at the above address, by phone at 801-538-7171, by FAX at 801-538-9436, or by Internet E-mail at tmickelson@utah.gov
• Jay Olsen at the above address, by phone at 801-538-7174, by FAX at 801-538-9436, or by Internet E-mail at jayolsen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Leonard Blackham, Commissioner

R64. Agriculture and Food, Conservation Commission.

R64-3. Utah Environmental Stewardship Certification Program (UESCP), a.k.a. Agriculture Certificate of Environmental Stewardship (ACES).

R64-3-1. Authority and Purpose.

Pursuant to Section 4-18-107, this rule establishes general operating practices and procedures for implementing the Agriculture Certificate of Environmental Stewardship (ACES).

R64-3-2. Definitions.

(1) "ACES Technical Standards": means a collection of practices adopted by the Commission that will protect the environment in a reasonable and economical manner while still protecting the sustainability of agriculture.

(2) "ACES workbook": means the best management practices, education requirements and information required for certification. The workbook is considered property of the owner/operator and remains in their possession. Only the Certification Forms are retained at the Department. The workbook must be retained by the owner/operator and available for review by the Department upon request.

(3) "Agriculture Sectors": means; a Farmstead, Animal Feeding Operation, Grazing or Pasture Operation, and Cropping System.

(4) "Animal Feeding Operation" (AFO): means a lot or facility where the following conditions are met: animals have been, are, or will be stabled, housed, or confined and fed or maintained for a total of forty-five (45) days or more in any 12-month period; crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility; and two or more AFOs under common ownership are considered to be a single AFO if they adjoin each other or if they use a common area or system for the storage or disposal of waste

(5) "Best Management Practices" (BMP): means common acceptable practices, including but not limited to management policies and the use of technology, used by sectors of agriculture in the production of food and fiber that protect and sustain natural resources.

(6) "Certification Forms": means contact information and sector(s) verification page(s) that are reviewed by the planner and verified by the Department.

(7) " Certified Planner": means a planner of a local conservation district, or other qualified planner, that has been certified by NRCS and is approved by the commission to certify an agriculture operation under the ACES program.

(8) "Commission": means the (Utah) Conservation Commission (UCC).

(9) "Comprehensive Nutrient Management Plan or Nutrient Management Plan" (CNMP/NMP): means a plan to properly store, handle, and spread manure and other agriculture byproducts to protect the environment and provide nutrients for the production of crops (plants).

(10) "Cropping": is the area where crops are planted, raised, and harvested. This includes but is not limited to fruits, vegetables, grain, oil seeds and alfalfa.

(11) "Department": means the (Utah) Department of Agriculture and Food (UDAF).

(12) "DEQ": means the (Utah) Department of Environmental Quality.

(13) "Education modules": means education materials which provide information on best management practices either in workshops and/or online at ACES site. They will inform and/or educate the producer on requirements in ACES.

(14) "Farmstead": is considered to be the central area of operation which may include but not limited to home/office, yards, storage facilities, and other buildings.

(15) "Grazing and Pasture": is considered to be any vegetated land that is grazed or has the potential to be grazed by animals.

(16) "NRCS": means the Natural Resources Conservation Service.

(17) "Review/Verification": means an audit performed by the Department of Agriculture and Food.

 

R64-3-3. Requirements and Procedure to Qualify for the Agriculture Certificate of Environmental Stewardship (ACES).

(1) Owner/operator shall complete the workbook for each desired sector (farmstead, animal feeding operation, grazing and pasture, and cropping) available at the department's website.

(2) Certified Planners shall be available from conservation districts to aid owner/operators in meeting the requirements of ACES.

(3) Workbooks shall be reviewed and verified by a certified planner, in preparation for Commission certification.

(4) Owner/operator shall complete education requirements prior to certification either by:

(a) completing workshops sponsored by ACES or

(b) by completing education modules found on the department's website under the ACES program.

(5) When an operation is certified for a given sector, the Department shall provide a certificate for that sector

(6) After completion of all sectors the operation is involved in the Department shall provide a sign.

(7) Owner/operator shall be charged $100 for each sector certified, not to exceed $250 total.

 

R64-3-4. Requirements and Procedures for Renewing, Investigation of, Revoking or Extending the Agriculture Certificate of Environmental Stewardship (ACES).

(1) Prior to the five (5) year extension date, the Department shall send a certified letter to the operation. The owner/operator has 120 days to respond to the extension notice. If no response is received the operation's certification shall expire. The owner/operator shall meet all requirements of the original certification to receive the extension. Such verification shall be made by a certified planner and by the Department.

(a) If any requirement is found in non-compliance, the certified planner shall review with the owner/operator what changes must be met for the operation to retain certification.

(b) The owner/operator shall have 120 days to respond to the request to maintain program certification in that sector.

(i) If not, the sign shall be removed by the owner/operator and returned to the Department.

(2) If the operation is certified in more than one sector only the sector in which they are in non-compliance shall the certification be revoked and the sign removed and returned to the Department.

(3) Owner/operator may request a variance by notifying the Commission Chair, in writing, stating the reason they could not comply within the 120 days.

(4) The Commission Chair has 30 days to respond to the request.

(5) Prior to the ten (10) year termination date of a certificate, the Department will send a certified letter to the operation. Re-certification will require the completion of a current ACES workbook and verification.

(6) Investigation: The department shall review any concerns brought by either DEQ, or a citizen environmental complaint. If the complaint is not found to be a significant violation of the certification program then no action will be taken.

(a) If it is determined that a significant violation has occurred.

(i) Department shall report the operation to the Commission Chair.

(ii) Commission chair shall then take one of the following actions:

(A) Inform the commission.

(B) List of corrective actions necessary and establish time frame for compliance to address the complaint and still maintain certification.

(7) The Commission Chair shall then inform the operation by certified letter which action was taken.

(8) If the certified operation does not comply within a reasonable time to rectify the concerns stated in the commission's letter.

(a) The department shall make a report to the Commission stating reasons for non-compliance.

(9) Commission shall review department reports and may revoke certification.

(a) If certification is revoked the operation shall not be allowed to participate in the certification program for 2 years.

(10) If an operation denies the department access to a site visit and/or review of records after 3 attempts (one of which is by certified letter), the Commission shall revoke the certification.

(11) If the operation is sold and/or under new management the current certification shall be revoked and the new owner/operator will need to go thru the certification process with a current workbook.

(12) The department shall give a yearly report on the ACES program to the Commission.

 

KEY: environment, stewardships, certifications

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 4-18-107