Governor Hogan and Environmentalists reach an agreement on PMT Regulations

Date: March 19, 2015

An ongoing battle between Governor Hogan and General Assembly Democrats over phosphorous regulations ended on Wednesday. Both sides came to an agreement and Sen. Paul Pinsky,
the leading legislative critic of Hogan’s earlier proposed phosphorus
rules (listed below), withdrew his bill to implement the rules Hogan
had halted in January
.

The Hogan administration plans to send the new regulations to the
Maryland Register for publication by Friday afternoon, launching a
public review process.

Though exact details of the aren’t available, we do know the following:

  • a 19-member advisory committee will oversee and promote regulations to be put in practice by 2022
  • new
    rules will require the most polluted farms to stop applying
    chicken manure immediately
  • other farmers will have more time and
    flexibility to reduce how much they use
  • farmers would need to have
    the regulations implemented by 2022, and offered no more than a two-year
    extension

Media

HISTORY

Governor Hogan releases enhanced Phosphorus Management Tool regulations –  2/24/15

After much debate on the Phosphorous Management Tool, Governor Hogan released his Maryland Agriculture Phosphorus Initiative, on February 24. The plan does two main things: gives farmers more time to reduce phosphorus output on their farms and
immediately stops the state’s highest offenders from contributing
more to the ongoing problem of pollution in the Chesapeake Bay.

According to Governor Hogan’s office, the enhancements:

1.Ensure adequate time for farmers to fully understand and plan for new requirements.
The proposal shifts the seven-year implementation schedule originally
proposed such that all farms will start implementing the PMT one year
later, effective 2016, with full implementation in 2022. This shift
preserves the provision to allow farmers two full years to have nutrient
management plans developed using both the existing Phosphorus Site
Index (PSI) and the new PMT before management changes are required.

2.Assure agricultural producers that critical elements are available for implementation.
The state will evaluate key elements that need to be in place,
including: markets to relocate additional amounts of manure; adequate
infrastructure to handle and transport manure; and alternative uses and
new technologies to begin to provide new outlets and markets for animal
manures. Evaluations of these elements will be conducted for each
respective tier as it prepares to transition from each management level
and to full PMT implementation.

3.Enact an immediate ban of additional phosphorus on soils testing the highest.
Upon adoption of the regulations, fields with a soil Fertility Index
Value (FIV) of 500 or greater will be banned from receiving additional
phosphorus until the PMT is fully implemented, currently scheduled for
2022. These are the fields that are at the highest risk of phosphorus
potentially leaving the farm and entering nearby waterways.

4.Provide comprehensive information on soil phosphorus conditions statewide.
Beginning in 2016 and every six years thereafter, soil test phosphorus
data will be collected for all farms in Maryland subject to nutrient
management plan requirements. This data will provide the Maryland
Department of Agriculture with accurate soil fertility data to monitor
trends in phosphorus levels and help identify potential areas to
redistribute newly available manure.

  • For more information, visit the Maryland Department of Agriculture website.
  • Read more about the history of this issue here

Related Content: Small Business News | Maryland

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