Maryland Nutrient Management Regulations Proposed Changes

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May 23, 2012, 11:05:38 PM5/23/12
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A news release from the Maryland Department of Agriculture

FOR IMMEDIATE RELEASE

CONTACT: Julie Oberg, 410-841-5888 or Vanessa Orlando, 410-841-5889

STATE AGRICULTURE DEPARTMENT SUBMITS PROPOSED CHANGES TO NUTRIENT
MANAGEMENT REGULATIONS Proposed Changes Submitted to AELR for Review
Today

ANNAPOLIS, MD (May 22, 2012) - Proposed changes to Maryland's Nutrient
Management Regulations were submitted to the Joint Committee on
Administrative, Executive and Legislative Review (AELR) for review
today, announced Agriculture Secretary Buddy Hance. Following months
of negotiations with stakeholder groups, the Maryland Department of
Agriculture (MDA) has finalized its new rules for the use of manure,
biosolids and other organic nutrient sources on crop fields. The goal
of the process is to achieve consistency in the way all sources of
nutrients are managed. Once the proposed changes are published in the
Maryland Register, MDA will provide public notice and offer a 45-day
public comment period.

In crafting the nutrient management regulations, Maryland has
considered recommendations of Governor Martin O'Malley's BayStat
Science Panel as well as concerns raised by environmental,
agricultural and municipal stakeholders.

"The revised regulations strike a balance between maximizing water
quality benefits, addressing the practical needs of implementing
requirements in the field, and assuring economic impacts are
manageable," said Secretary Hance. "When taken as a whole, the revised
regulations will advance agricultural water quality management far
beyond any efforts existing in other jurisdictions."

Ultimately, the new regulations are designed to help Maryland meet
nitrogen and phosphorus reduction goals spelled out in its Watershed
Implementation Plan (WIP) to protect and restore the Chesapeake Bay.
Once approved, the proposed changes will be included in MDA's Nutrient
Management Manual. Following are key features of the new regulations:

** Beginning July 1, 2016, nutrient applications will be prohibited
between November 1 and March 1 for Eastern Shore farmers and between
November 15 and March 1 for Western Shore farmers.

** Organic nutrients will need to be incorporated into the soil
within 48 hours of application.

** Farmers will be required to plant cover crops when they use
organic nutrient sources in the fall.
** Beginning 2014, farmers will be required to establish a 10 to 35
foot "no fertilizer application zone" adjacent to surface water and
streams.

** Beginning 2014, farmers will be required to protect streams from
livestock traffic by providing fencing or approved alternative best
management practices.

** Fall fertilizer applications for small grains will be limited.

** Guidance and clarification is provided on the use of soil
amendments and soil conditioners.

"The implementation schedule addresses a major stakeholder concern and
should provide farmers and local governments with adequate time to
comply with the new regulations and to apply for cost-share funding to
install additional best management practices," said Secretary Hance.
"The O'Malley Administration is committed to providing farmers with
the critical financial resources necessary to meet our shared
environmental goals."

The Nutrient Management Advisory Committee has been working on the
revised regulations for more than a year. The new rules were
originally introduced last fall; however, due to overwhelming feedback
Governor O'Malley asked that the proposed regulations be placed on
hold to provide an additional opportunity for stakeholders to further
discuss the proposal.

If the AELR Committee does not delay the proposed regulatory changes,
they will be published in the Maryland Register for a 45-day public
comment period. After the comment period closes, MDA will review any
comments. If MDA makes substantive changes as a result of the public
comment, the revised regulations will be resubmitted to the AELR and
the Maryland Register.

Established in 1998 to develop and refine regulations and requirements
for Maryland's Nutrient Management Program, the 16-member Nutrient
Management Advisory Committee includes representatives from the U.S.
Department of Agriculture, MDA, University of Maryland, Maryland
departments of the Environment and Natural Resources, Maryland Farm
Bureau, Delaware-Maryland Agribusiness Association, Chesapeake Bay
Foundation, commercial lawn care companies, the biosolids industry, as
well as local governments and the state legislature.

A summary of the MDA's proposed changes submitted to AELR is available
online at: www.mda.maryland.gov/pdf/proposednmregs2.pdf .
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