STATE AGRICULTURE DEPARTMENT SUBMITS PROPOSED CHANGES TO NUTRIENT MANAGEMENT REGULATORY PROCESS

ANNAPOLIS, MD (October 27, 2011) – Proposed changes to the State’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. The purpose of the changes is to achieve consistency in how all sources of nutrients are managed. Once the proposed changes are published in the Maryland Register, the Maryland Department of Agriculture (MDA) will provide public notice and offer a 45-day public comment period.

“As science evolves and we learn more about how to better manage farms, it’s appropriate to change policies. Maryland, like all of the Bay states, is dealing with increasingly stringent environmental regulations. Total Maximum Daily Loads (TMDL) and the Watershed Implementation Plan (WIP) address all sectors dealing with both point source and non-point source controls which include agriculture,” said Secretary Hance. “This is causing us to look inward to craft changes to existing regulations. We are mindful that these changes may require new technology, and we continue to offer farmers existing cost-share programs to help us meet the goal of a healthier Chesapeake Bay.”

MDA used the best available science from the University of Maryland as a guide to develop the proposed changes to MDA’s Maryland Nutrient Management Manual, which include:

• changing rates of application, timing of application, and method of application of crop nutrients;
• defining additional management practices that may be required related to crop production, and the storage and handling of organic sources of nutrients;
• prohibiting the application of organic sources of nutrients in winter months;
• requiring certain setback requirements for the application of crop nutrients, including fencing requirements for livestock;
• establishing guidance for the use of soil amendments and soil conditioners on agricultural land, and other measures modifying the implementation of MDA’s Nutrient Management Program.

“We believe these proposed changes provide farmers and landowners with adequate time to prepare and to apply for cost-share funding to install additional best management practices,” said Secretary Hance. “The O’Malley Administration has maintained a strong commitment to provide farmers with the critical financial resources necessary to meet our shared environmental goals.”

The Nutrient Management Advisory Committee has been reviewing the scientifically based, proposed regulatory changes to the current nutrient management regulations for the past year. Additionally, MDA received a significant number of useful comments from various stakeholders during the process.

If the AELR Committee approves 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, Alliance for the Chesapeake Bay, 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. The proposed regulations as submitted to AELR are available here.

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