Acts 38 and 39 and NRCS “590” — How Pennsylvania’s nutrient rules and technical standards fit together

Nov 12, 2025 | Blog

Nutrient management in Pennsylvania can feel like three different languages at once: laws (Acts), regulations, and technical practice standards. Here’s a clear, practical blog-style primer that explains how Act 39 (a piece of state legislation in the consolidated statutes), the state’s nutrient-management system (commonly referenced as Act 39 / the Nutrient Management Act), and the NRCS “590” standard fit together — and what farmers, planners, and neighbors should know.

Here’s a clean, practical overview of how Act 39, Act 38 (the “Nutrient Management Act”), and the NRCS 590 Standard fit together in Pennsylvania’s nutrient-management system — plus what farmers, planners and neighbors should know.

1. The short version

  • Act 38 (the Nutrient Management Act of 2005) is the primary state law that drives manure and fertilizer planning in Pennsylvania. It requires certain higher-density farms (so-called “Concentrated Animal Operations” or CAOs) to have approved nutrient-management plans, sets setbacks, and establishes a certification system for plan-writers. bucksccd.org+2Penn State Extension+2

  • Act 39 (2019) is a separate piece of state legislation (appearing in the unconsolidated statutes) that references nutrient management among broader agricultural topics. A key practical point: Pennsylvania courts have interpreted the Nutrient Management Act as pre-empting local ordinances that are more stringent or inconsistent with state law. Pennsylvania General Assembly+1

  • NRCS 590 is not state law, but a technical conservation practice standard (“Nutrient Management” code 590) developed by the Natural Resources Conservation Service (NRCS). It describes best practices for land-application of nutrients, and is widely used as the technical backbone of nutrient-management plans in Pennsylvania. Natural Resources Conservation Service+1

2. Act 39: where it sits and why it matters

When you hear someone refer to “Act numbers” in PA nutrient policy, most often they mean Act 38 (the Nutrient Management Act). But Act 39 (2019) is a separate statute that, among other things, mentions nutrient-management and manure-management plans. Pennsylvania General Assembly
The practical takeaway: under Act 38/Act 39 case law and regulation, state nutrient-management law and its implementing regulations can prevent municipalities from imposing local rules that conflict with the state’s nutrient-management program—e.g., local rules that regulate manure application, setbacks or storage in a way that is inconsistent with state rules. Because Pennsylvania courts have found the Nutrient Management Act (Act 38) pre-empts local ordinances that are more stringent or inconsistent. bucksccd.org
So for municipalities, planners and neighbors: if a local ordinance tries to go beyond what the state law/regulation allows (or conflicts), state law/regulation will generally control.

3. What is a “590” plan (NRCS 590)?

The NRCS 590 Standard (officially the “Conservation Practice Standard — Nutrient Management, Code 590”) lays out the technical criteria for properly managing nutrients (manure, commercial fertilizer, biosolids, etc.) including:

  • Soil testing and interpretation; Penn State Extension+1

  • Matching nutrient applications (source, rate, placement, timing) to crop needs; Natural Resources Conservation Service+1

  • Methods and timing for manure and fertilizer application; and record-keeping/monitoring. Natural Resources Conservation Service+1
    In Pennsylvania, a “590 plan” (or a nutrient-management plan that meets 590 criteria) is commonly used when federal technical assistance is involved (via NRCS) and is often accepted as the technical component of a state-approved nutrient-management plan. Penn State Extension+1
    In short: 590 = the engineering / agronomic “how to” of nutrient management. State law/program = the “who/when/what” floor.

4. How the pieces work together in practice

Law & regulation (state level):

  • Act 38 and its implementing regulations define which farms need a nutrient-management plan, what elements must be included (e.g., calculations of nutrient balances, manure storage/application rules, setbacks), and the certification system for plan-writers. Penn State Extension+1

  • The state program (via the State Conservation Commission and local conservation districts) administers review and approval of plans. bucksccd.org

Technical standards:

  • The NRCS 590 standard and Pennsylvania’s own technical manuals (such as the Pennsylvania Nutrient Management Program Technical Manual) provide the “how to” — the specific calculations, input values, soil test requirements, record-keeping format, etc. Penn State Extension+1

  • Many nutrient-management plans (NMPs) in Pennsylvania incorporate the 590 standard (or are structured like “590‐equivalent” plans) so that the agronomic and environmental criteria are satisfied. centrecountypa.gov

Local governments:

  • Local ordinances (township, county) must not conflict with state nutrient‐management law/regulation. If a local rule is inconsistent (e.g., stricter setback, different storage standard) the state rules typically govern. This stems from the pre-emption principle. Pennsylvania General Assembly+1

  • However: local conservation districts, county planners, local outreach do matter — they help with outreach, review, enforcement, education at the local level.

5. Practical things farmers and neighbours should know

  • Who needs a plan? If you’re a farm that meets the state’s CAO/CAO thresholds (for example, more than 2 animal equivalent units (AEUs) per acre and at least 8 total AEUs for a CAO) then you’re required to develop and implement a nutrient-management plan under Act 38. bucksccd.org+1
    Even farms below those thresholds that land‐apply manure still must have a minimum “Manure Management Plan” (MMP), and many producers adopt full NMPs voluntarily. centrecountypa.gov

  • Setbacks & storage rules: State rules include year-round setbacks for manure applications, siting standards for manure storage, etc., designed to protect streams, wells, sinks, sensitive areas. These are spelled-out in the Manure Management Manual (via the Pennsylvania Department of Environmental Protection). National Dairy FARM Program+1

  • Technical help exists: If you’re a farmer planning to expand, change spreading practices, or otherwise modify nutrient handling, reach out early to your local conservation district, the NRCS, or your county extension office. Use the 590 standard as your technical baseline.

  • Local involvement = essential. While the state sets the baseline, local conservation districts and extension offices provide review, assistance, and oversight. Also neighbours should know: if local rules about manure/spreading/storage seem stricter than state law, check whether they might be pre-empted by state regulation under Act 38/39.

  • Record-keeping matters. Under 590 (and under state NMP requirements) you’ll often need soil tests (within last 3 years for each management unit) and manure tests, plus records of application rates, timing, methods and fields. Penn State Extension+1

6. Where to read more / resources

7. Final thought

Think of the system like this: law → program → technical practice.

  • The law (Act 38 plus related statutes, with Act 39 clarifying pre-emption and scope) sets the who, when, what.

  • The program (state conservation commission, DEP, county conservation districts) implements, reviews and enforces.

  • The technical practice (NRCS 590 standard plus Pennsylvania technical manuals) provides the how.

For farmers, the easiest pathway is: work with a certified nutrient‐management specialist and your local conservation district — they will help ensure your plan uses the right technical standard (590) and meets the state’s legal requirements (Act 38/Act 39) so you’re “covered.”

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