Nutrient Management Regulatory Update · 1. st. thru December 15. th. Fall spreading dates reflect...

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Bryan Harris Maryland Department of Agriculture Nutrient Management Program Website: www.mda.maryland.gov Nutrient Management Regulatory Update

Transcript of Nutrient Management Regulatory Update · 1. st. thru December 15. th. Fall spreading dates reflect...

  • Bryan HarrisMaryland Department of Agriculture

    Nutrient Management Program

    Website: www.mda.maryland.gov

    Nutrient Management Regulatory Update

    http://www.mda.maryland.gov/

  • Phosphorus Management Tool Regulations

    Immediate ban of Phosphorus on fields over 500 FIV7 year phase-in.2015 – Regulations in effect.Crop Year 2016 and 2017 Run both PSI and PMT when developing plans.Provide farmer with potential management changes

    to be required under PMT.Consultants will calculate an operators “Average Soil

    P-FIV” and report their “Tier Group” to MDA.

  • Phosphorus Management Tool PMT changes management requirements for farms

    that are required to use the tool.Sub-surface drainage primary driverMost effects management on the Eastern shore. Coincides with poultry operations and high soil P levels.

    Distance to surface water Affects farms in other parts of the state.

    Builds in “incremental change”Especially for operations now scoring “HIGH” (>100) in the

    PMT calculation.

  • MDA is collecting Soil P-FIV dataNew PMT regulations adopted in 2015 requires

    consultants to report once every six years the Soil P-FIV data from NMPs they have written.

    Data will be used to identify Phosphorus Fertility Index Value levels across the state and by county.

    Data gathered from consultants was submitted anonymously, separating producer identification from his/her soil data.

  • Maryland State Soil P-FIV Data Totals(as of January 17, 2017)

    Total AIR Acres (2014) 1,277,930Total Acres Submitted 1,083,552 Percentage Reported 84.79%Number of Fields Submitted 73,647P FIV < 150 79.3%P FIV 150-499 19.1%P FIV > 500 1.6%

  • Data on Phosphorus Levels Statewide

    79.24% of the acreage state-wide will not be impacted by PSI/PMT.Represents 858,623 acres that are 150 FIVMDA continues to take incremental measures

    to obtain the remaining information.Nutrient Management ConsultantsMaryland Certified Farmers

  • Western MarylandAllegany, Carroll, Frederick, Garrett,

    Washington Counties(as of January 17, 2017)

    Total AIR Acres (2014) 354,432Total Acres Submitted 273,290Percentage Reported 77.1%Number of Fields Submitted 24,021P FIV < 150 92.07%P FIV 150-499 7.83%P FIV > 500 0.10%

  • Data on Phosphorus Levels in Western Maryland

    92.07% of the acreage in western Maryland counties will not be impacted by PSI/PMT.

    Represents 251,621 acres that are below 150 P-FIV.

    7.93% represents 20,525 acres that are above 150 P-FIV.

  • Lower Eastern Shore of MarylandSomerset, Wicomico, Worcester

    Counties(as of January 17, 2017)

    Total AIR Acres (2014) 155,770Total Acres Submitted 140,703Percentage Reported 90.33%Number of Fields Submitted 8,199P FIV < 150 30.00%P FIV 150-499 58.85%P FIV > 500 11.14%

  • Data on Phosphorus Levels in Lower Shore of Maryland

    30% of the acreage in the Lower Shore counties of Maryland will not be impacted by PSI/PMT.

    Represents 42,217 acres that are below 150 P-FIV.

    70% represents 98,486 acres that are above 150 P-FIV.

  • Poultry Litter Land Application Is there enough farmland to receive poultry litter?383,949 Tons Poultry Litter Collected in 2015383,949 Tons / 2 Tons Application Rate = 191,975

    acres needed for application of litterUpper Shore = 245,362 ac. (90% of reported acres is below

    150 FIV)Mid Shore = 184,740 ac. (75% of reported acres is below

    150 FIV)Lower Shore = 39,664 ac. (25% of reported acres is below

    150 FIV)Total Acres Available for Spreading = 469,767

    January 2017

  • PMT “Tier Group”

    Not all operations will implement the PMT at the same time.Timing is determined by an individual operators

    average soil P-FIV.Add the P-FIV of all fields above 150 and divide by

    the number of those fields (not a weighted average).After the average is computed, the operator is

    assigned to a Tier Group of A, B, or C.This is done once and your NMP will tell you which

    Tier you are in and when you will implement the PMT.

  • Phosphorus Management Tool (PMT) Preliminary Tier Group

    Reporting Data 1,661 Operations have been reportedRepresents one or more fields being 150 or

    greaterRepresents 11,769 fieldsOnly these fields transition to PMT

    Represents 187,870 acres

  • PMT Tier Group C

    Average soil P FIV >450Begins Transition Management Phase

    1 in 2018Five year schedule (2018 - 2022)96 operations reported734 fields reported10,894 acres reported6% of reported operations

  • PMT Tier Group B

    Average soil P FIV 300-450Begins Transition Management Phase

    1 in 2019Four year schedule (2019 - 2022)252 operations reported2,815 fields reported54,271 acres reported15% of reported operations

  • PMT Tier Group A

    Average soil P-FIV 150-300Begins Transition Management Phase

    1 in 2020Three year schedule (2020 - 2022)1,313 operations reported8,220 fields reported122,705 acres reported79 % of reported operations

  • Phosphorus Management Tool

    ** Could add time if services are not adequate.

  • Phosphorus Management Tool TRANSITION MANAGEMENT PHASES

    PMT Risk Category

    Transition Management Phase I

    Transition Management Phase II PMT

    LOW N-Based (not to exceed 3 Yr. C.R. 3 Yr. Crop Removal 3 Yr Crop Removal

    MEDIUM . 3 Yr Crop Removal P 2 Yr Crop Removal 1 Yr Crop removal

    HIGH . 1 Yr Crop Removal 50% of 1 Yr C.R. No Addtl. P

    Sheet1

    PMT Phased Implementation Plan

    6 Year Phase-In Schedule

    Feb 2015 -Adopt Regulation - Begin Transition - Run both PSI and PMT

    July 2016 -Continue transition

    July 2017 -FIV 450 & Above -Begin 5 year implementation transition

    July 2018 -FIV 300 - 450 -Begin 4 year implementation transition

    July 2019 -FIV 150 - 300 -Begin 3 year implementation transition

    Crop Year 2021All operationsFull Implementation of the PMT

    FIV category for scheduling to be determined on an operation basis. All fields in the operation with soil test FIV P of 150 or more shall be averaged to determine a value for scheduling.

    Phasing Management Transition

    PMT Risk CategoryTransition Management Phase ITransition Management Phase IIPMT*

    LOWN-Based (not to exceed 3 Yr. C.R.3 Yr. Crop Removal3 Yr Crop Removal

    MEDIUM .3 Yr Crop Removal P2 Yr Crop Removal1 Yr Crop removal

    HIGH .1 Yr Crop Removal50% of 1 Yr C.R.No Addtl. P

    * - University of MD - PMT recommendations

    ** - subject to limits of technology for application equipment

    Sheet2

    PMT Risk CategoryTransition Management Phase ITransition Management Phase IIPMT

    LOWN-Based (not to exceed 3 Yr. C.R.3 Yr. Crop Removal3 Yr Crop Removal

    MEDIUM .3 Yr Crop Removal P2 Yr Crop Removal1 Yr Crop removal

    HIGH .1 Yr Crop Removal50% of 1 Yr C.R.No Addtl. P

    Sheet3

    Sheet4

    Sheet5

  • Nutrient Application Setbacks

    Edge of Watercourse

    No nutrient application

    10 feet

    No broadcast application

    “Directed” nutrient application

    35 feet

    Nutrient Application Setback determinations must be documented in your NMP.

  • Nutrient Application Setbacks

    • Need to be addressed in the NMPCOMAR 15.20.08.05 H - states the consultants

    have to address the timing of nutrient application in section 1D of the NM manual Either with the MDA template or own wordingSurface water setbacks need to be shown on the

    map. The 10’ No nutrient applications zone redefines the

    field boundaries for fields that have surface water present and field boundaries are required to be shown on the map.

  • NUTRIENT APPLICATION SETBACKS FROM SURFACE WATER:

    Setbacks for Nutrient Application are required in the development of nutrient management plans. Application and livestock setback regulations are contained under the Nutrient Application Requirements, Maryland Department of Agriculture 2012, COMAR 15.20.07.02, Maryland Nutrient Management Manual, 1-D1. A minimum of a 10’ vegetative setback must be in place next to surface water. The chart below indicates if surface water is present that requires a setback on any farm/operation and identifies the fields that are required to have a nutrient application setback. An application of crop nutrients using a broadcast method either with or without incorporation requires a 35’setback. A directed spray application or the injection of crop nutrients only requires a 10’setback. Excepting perennial forage crops grown for hay and pasture, vegetation in the 10’ setback area may not include plants that would be considered part of the crop grown in the field (i.e. row crops). Pastures and hayfields are subject to a 10’ and/or a 35’ nutrient application setback depending on application methods. Nutrients may not be applied within the 10’ setback. Livestock on pasture are required to meet the minimum 10’ setback by means of fencing unless a Best Management Practice (BMP) is approved by MDA or a Soil Conservation and Water Quality Plan is developed and implemented that prescribes an alternative to fencing animals 10’ from surface water. Alternative BMP’s may include stream crossings, watering facilities, pasture management, or other practices that are equally protective of water quality. Sacrifice lots for livestock require a 35’ setback from surface water. If nutrients are custom-applied, it is the operator’s responsibility to inform the applicator of the setback distance based on the method of application.

    *If a field contains multiple sources of surface water (i.e. a pond and a stream), list each separately or identify on the map. **Directed Application = Directed Spray Application (Vertical Fan or Drop Nozzle), Air Flow Application, Knifed/Injected application of Nutrients, Planter Applied nutrients ***Broadcast Application or Sacrifice Lots = Spinner Spreaders (Manure or Fertilizer), High Volume Horizontal Nozzles, Manure Spreaders (Box type with beaters, Splasher plates for liquid, Side Discharge V-Type)

    Farm Name(s)

    Is Surface Water Present on the

    farm that requires a setback

    (Yes or No)

    Field(s) requiring a Nutrient

    Application Setback*

    Nutrient Application Setback Required (Indicate with “Yes” in appropriate column(s).)

    Livestock on Pasture ≥ 10 ft.

    Directed Application**

    ≥ 10 ft.

    Broadcast Application or

    Sacrifice Lots*** ≥ 35 ft.

    NUTRIENT APPLICATION SETBACKS FROM SURFACE WATER:

    Setbacks for Nutrient Application are required in the development of nutrient management plans. Application and livestock setback regulations are contained under the Nutrient Application Requirements, Maryland Department of Agriculture 2012, COMAR 15.20.07.02, Maryland Nutrient Management Manual, 1-D1.

    A minimum of a 10’ vegetative setback must be in place next to surface water. The chart below indicates if surface water is present that requires a setback on any farm/operation and identifies the fields that are required to have a nutrient application setback. An application of crop nutrients using a broadcast method either with or without incorporation requires a 35’setback. A directed spray application or the injection of crop nutrients only requires a 10’setback. Excepting perennial forage crops grown for hay and pasture, vegetation in the 10’ setback area may not include plants that would be considered part of the crop grown in the field (i.e. row crops). Pastures and hayfields are subject to a 10’ and/or a 35’ nutrient application setback depending on application methods. Nutrients may not be applied within the 10’ setback.

    Livestock on pasture are required to meet the minimum 10’ setback by means of fencing unless a Best Management Practice (BMP) is approved by MDA or a Soil Conservation and Water Quality Plan is developed and implemented that prescribes an alternative to fencing animals 10’ from surface water. Alternative BMP’s may include stream crossings, watering facilities, pasture management, or other practices that are equally protective of water quality. Sacrifice lots for livestock require a 35’ setback from surface water.

    If nutrients are custom-applied, it is the operator’s responsibility to inform the applicator of the setback distance based on the method of application.

    Farm Name(s)

    Is Surface Water Present on the farm that requires a setback

    (Yes or No)

    Field(s) requiring a Nutrient Application Setback*

    Nutrient Application Setback Required

    (Indicate with “Yes” in appropriate column(s).)

    Livestock on Pasture

    ≥ 10 ft.

    Directed Application**

    ≥ 10 ft.

    Broadcast Application or Sacrifice Lots***

    ≥ 35 ft.

    *If a field contains multiple sources of surface water (i.e. a pond and a stream), list each separately or identify on the map.

    **Directed Application = Directed Spray Application (Vertical Fan or Drop Nozzle), Air Flow Application, Knifed/Injected application of Nutrients, Planter Applied nutrients

    ***Broadcast Application or Sacrifice Lots = Spinner Spreaders (Manure or Fertilizer), High Volume Horizontal Nozzles, Manure Spreaders (Box type with beaters, Splasher plates for liquid, Side Discharge V-Type)

  • Nutrient Application Regulation Change Overview

    Manure applied in the spring and fall is no longer required to be incorporated into the soil. This covers the period from March 1st thru December 15th.

    Fall spreading dates reflect Sept. 10th- Dec. 15th and is the same throughout the entire State.

    Manure or any fertilizer containing Nitrogen & Phosphorus cannot be applied from Dec. 16th thru February 28th. Spreading can resume on March 1st.Unless recommended in the NM manual i.e. sod production, greenhouse etc

    An Emergency Spreading provision under Winter application has been added.

  • Nutrient Application

    Nutrient sources addressed separately:

    chemical fertilizers AKA “commercial fertilizer” organic fertilizers, e.g. manure, sludge,

    processing wastes, etc.

    Follow the recommendations for crops in the Maryland Nutrient Management Manual Section l-B

    Apply nutrients as close to plant nutrient uptake as possible

  • Spring & Summer: Nutrient Application

    March 1 through September 9

    Apply nutrients for an existing crop or a crop to be planted either during this period or in the fall

    Organic nutrient sources shall be injected or incorporated as soon as possible, but no later than 48 hours after application, except those farm operations that choose to manage their farms to obtain the benefits of no-till farming.

    MDA reserves the right to require incorporation of organic nutrient sources on a case by case basis.Nutrient application is prohibited if the ground is

    Frozen 2” deep or snow covered 1” deep

  • Fall: Nutrient Application

    Starting the fall of 2017, September 10 through December 15 Statewide.

    Chemical Fertilizer ApplicationApply chemical fertilizer only for an existing crop

    or a crop to be planted during this period

  • Fall: Organic Nutrient Application

    General Rules Follow N and P rate recommendations in the

    Maryland Nutrient Management Manual Section 1-B

    Excepting poultry litter, apply organic nutrients for an existing crop or a crop to be planted either during this period or the following spring (before June 1)

    Apply poultry litter only for an existing crop or a crop to be planted during this period

  • Fall: Organic Nutrient Application

    Organic nutrient sources shall be injected or incorporated as soon as possible, but no later than 48 hours after application, except those farm operations that choose to manage their farms to obtain the benefits of no-till farming.

    MDA reserves the right to require incorporation of organic nutrient sources on a case by case basis.

  • Fall: Organic Nutrient Application

    Apply to pasture land, hay-land or other acreage under vegetative cover

    Fallow cropland must be planted in a cover cropas soon as possible after nutrient application and: no later than November 15 Nutrient application is prohibited on frozen

    ground 2” deep or snow covered ground 1” deep

  • Fall: Organic Nutrient Application

    Base Phosphorus rate on: Recommendation for a fall-seeded crop

    Crops planted the following spring (before June 1): may not exceed the one year crop P-removal rate

    abide by any Phosphorus Site Index provisions

    do not exceed 50# PAN /acre under any circumstances

  • Fall: Organic Nutrient Application

    Base Nitrogen rate on:

    Recommendation for a fall-seeded crop

    Crops planted the following spring (before June 1): No more than 50 lbs. of plant available nitrogen per acre

  • Winter Nutrient Application Starting in 2017, “winter” is:December 16 through February 28 statewide.

    Chemical Fertilizer Application Winter application of a chemical fertilizer containing N or P is not allowed.

    Exceptions include: Small grains and perennial forage crop nitrogen application

    at green-upGreenhouse production and some vegetable and small fruit

    crops Follow recommendations in the Maryland Nutrient

    Management Manual Section 1-B

  • Winter: Organic Nutrient Application

    Organic nutrients with N and P may be applied only if :

    The storage capacity will be exceeded before the March 1 winter application restriction) ends

    The nutrient source is non-stackable; and

    There is no other reasonable option to manage it.

    Follow recommendations in the Maryland Nutrient Management Manual Section 1-B

  • Winter: Organic Nutrient ApplicationDo not apply to frozen (2”) ,saturated or snow-

    covered ground (1”)Do not apply to slopes greater than 7 percent.Apply nutrients at the lowest rates and over the

    largest acreage possible.Apply nutrients to vegetative coverDo not exceed the one-year phosphorus removal

    rate for the next harvested crop, or exceed 50# of plant available nitrogen.

    Setback of 100’ from surface waters.

  • Winter Application ProhibitionAfter July 1, 2016 a person may not make a

    winter application of a nutrient source to agricultural land.

    Prohibitions from winter application will start after February 28, 2020 for smaller facilities:dairy or livestock operation with fewer than

    50 animal unitsmunicipal wastewater treatment plant with

    design flow capacity of less than 0.5 million gal/day

  • Winter Application Prohibition Exceptions include: Small grains and perennial forage crop nitrogen application at

    green-up

    Greenhouse production and some vegetable and small fruit crops

    Follow recommendations in the Maryland Nutrient Management Manual Section 1-B

    Contact MDA for advice well before an “imminent overflow” emergency situation!

  • Emergency Spreading Provision

    Applications required in emergency situations due to an imminent overflow of a storage facility on applies to: On farm generated organic fertilizer

    - Does not apply to Bio-Solids or food processing waste.

    Operators will be required to enter into an agreement of intent with the Soil Conservation District or private entity that is a certified Technical Service Provider approved by NRCS.

  • Emergency Spreading Provisions

    Operators shall contact their MDA regional nutrient management representative for guidance.Rates may not exceed the 1 year P removal or 50# of PAN

    of the next harvested cropAny winter applied organic nutrients will be deducted from

    spring recommendationsApplications need to be made on existing vegetative coverApplications is prohibited to land with a slope greater then

    7%A setback of 100’ from surface water shall be maintained.

  • Temporary Field Stockpiling Coordinate with integrators to schedule

    cleanouts as close to spring planting as possible

    Fill existing storage before stockpiling material in the field.

    Field stockpiles must be applied to crops no later than the next spring planting

  • Temporary Field Stockpiling

    35’ vegetated buffer between stockpile and surface water, irrigation or treatment ditches If No vegetated buffer stockpile at least 100 feet away

    100 feet on flat ground away from wells, springs, and wetlands At least 300 feet away from a well located down gradient

    Outside areas prone to flooding and ponding

    200 feet from any residence outside the operator's property

  • Stockpile to Conserve Nutrients Stack and peak poultry litter and similar materials at least 6

    feet high

    Stockpile at the same location, rather than locate a new one elsewhere

    Material shall be stockpiled to prevent nutrient runoff

    Thoroughly scrape or clean the site of material and apply it to a crop

    Restore the site to its original condition and seed with grass or an agronomic crop

  • Contact

    Maryland Department of AgricultureNutrient Management Program

    50 Harry S. Truman ParkwayAnnapolis, MD 21401

    Bryan Harris410-841-5951

    [email protected]

    http://www.mda.maryland.gov/

    Bryan Harris�Maryland Department of Agriculture�Nutrient Management Program��Website: www.mda.maryland.gov�Phosphorus Management Tool �RegulationsPhosphorus Management Tool �MDA is collecting Soil P-FIV dataMaryland State Soil P-FIV Data Totals�(as of January 17, 2017) Data on Phosphorus Levels StatewideWestern Maryland�Allegany, Carroll, Frederick, Garrett, Washington Counties�(as of January 17, 2017) Data on Phosphorus Levels in Western MarylandLower Eastern Shore of Maryland�Somerset, Wicomico, Worcester Counties�(as of January 17, 2017) Data on Phosphorus Levels in Lower Shore of MarylandPoultry Litter Land Application PMT “Tier Group”Phosphorus Management Tool (PMT) Preliminary Tier Group �Reporting Data PMT Tier Group CPMT Tier Group BPMT Tier Group APhosphorus Management Tool �Phosphorus Management Tool �TRANSITION MANAGEMENT PHASES Nutrient Application SetbacksNutrient Application SetbacksSlide Number 21Nutrient Application Regulation Change Overview Nutrient Application Spring & Summer: Nutrient Application Fall: Nutrient Application Fall: Organic Nutrient ApplicationFall: Organic Nutrient ApplicationFall: Organic Nutrient ApplicationFall: Organic Nutrient ApplicationFall: Organic Nutrient ApplicationWinter Nutrient ApplicationWinter: Organic Nutrient ApplicationWinter: Organic Nutrient ApplicationWinter Application Prohibition�Winter Application ProhibitionEmergency Spreading ProvisionEmergency Spreading ProvisionsTemporary Field Stockpiling Temporary Field Stockpiling Stockpile to Conserve NutrientsContact