Nutrient Management
Regulations and Planning
300 CMR 31.00 Plant Nutrient Application Requirements for Agricultural Land and Land Not
Used for Agricultural Purposes
In response to:
Chapter 262: An act Relative to the Regulation of Plant Nutrients of Massachusetts General
Law
Massachusetts Session Law Chapter 262: An
Act Relative To The Regulation of Plant
Nutrients
“Maintain authority to regulate and enforce the registration and application of plant
nutrients put on or in soil to improve the quality or quantity of plant growth,
including, but not limited to, fertilizer, manure and micronutrients in the
Commonwealth. The department shall promulgate regulations that specify when plant
nutrients may be applied and locations in which plant nutrients shall not be
applied. Subject to appropriation, the department may also develop regulations
regarding the use of plant nutrients designed to mitigate significant risks to human health
and the environment. The department may limit the scope of those regulations regionally
as appropriate. The department shall work in conjunction with the University of
Massachusetts Amherst Extension to ensure any regulations of the department relative
to plant nutrients are consistent with the program’s published information, educational
materials and other public outreach programs relative to nutrient management and
fertilizer guidelines.”
330 CMR 31.00 Plant Nutrient Application
Requirements for Agricultural Land and Land
Not Used for Agricultural Purposes
▪In response to the Chapter 262 law, the EPA told MDAR that
they needed to regulate Nutrient Management in Massachusetts
▪Town municipalities could not afford to update their waste
water treatment facilities to manage non-point source
pollution that come from farms
▪The responsibility has been pushed on farmers despite the
municipalities needing infrastructural and facility updates
▪MDAR does not have adequate knowledge about NMPs, so
they came to UMass, NRCS, and looked towards other
state’s regulations
330 CMR 31.00 Plant Nutrient Application
Requirements for Agricultural Land and Land
Not Used for Agricultural Purposes
▪ In response to the Chapter 262 law, MDAR is proposing regulations to
▪ “establish limitations on the application of plant nutrients to laws and non-agricultural
turf to prevent these non-point source pollutants from entering the surface and
groundwater resources of the Commonwealth of Massachusetts”
▪ “These state-wide limitations on plant nutrient applications will enhance the ability of
municipalities to maximize the credits provided in the National Pollution Discharge
Elimination System (NPDES) permits issued by the EPA”
▪ “These regulations further ensure that plant nutrients are applied to agricultural land
in an effective manner to provide sufficient nutrients for plant growth while minimizing
the impacts of the nutrients on water resources in order to protect human health and
the environment”
330 CMR 31.00 Key Sections
▪ Anyone who applies “plant nutrients” to agricultural land must
apply nutrients according to the UMass Extension guidelines for
nutrient best management practices
▪ Strict setbacks for applying nutrients near any type of water
source
▪ Strict fall and winter application regulations:
▪ “shall only be done by injection or incorporation within 48 hours after the
application” in the fall, and no application in the winter
▪ These have certain exemptions
330 CMR 31.00 Key Sections
▪ Required to apply and incorporate manure within 120 days of
stacking
▪ Very strict about where you can stack—not feasible, most farmers stack
where convenient in proximity to the livestock location
▪ 120 rule– they are telling you not to spread in the winter, however if they
are requiring you to spread within 120 days, that might mean spreading it
in the winter
▪ Causing more pollution—ground frozen and cannot absorb nutrients
330 CMR 31.00 Key Sections
▪ Each farm must develop a nutrient management plan prior to
application, in accordance with UMass Extension guidelines for
nutrient best management practices and requirements and
apply nutrients in accordance with the plan
▪ Keep extensive records and follow up revisions to accompany
plan and make sure plan is being followed strictly and updating
plan every 3 years
▪ Who has time for this?
Detrimental Effects on Farmers
▪ The UMass Extension Guidelines for Nutrient Best Management Practices is
designed to be the best guidelines for farmers, however, they may not fit
with every farmers needs--so it should not be mandatory that they are
regulated
▪ Low fertilizer recommendations—some varieties of crops require more
fertilizer than others to produce an expected yield that will make a decent
profit margin for a farmer
▪ Farmers do not want to be wasteful, they only use as much fertilizer as
they need
▪ Requirement to have a nutrient management plan designed for each farm
▪ Farmers may not be able to afford consultants, and a lack of consultants at
that –lack of experienced consultants
Detrimental Effects on Farmers
▪ Guaranteed decreased yield and quality
▪ Extensive record keeping and compliance reporting
▪ WHO has time for this as a farmer?
Sadly, these regulations may discourage farmers from
keeping their farms
Detrimental Effects on the Environment
▪ Requiring manure to be spread within 120 days of stacking
▪
The ground is still frozen, the nutrients that need to be utilized in the field don't
have an opportunity to be used before they run off into water sources and
undesirable areas
▪ Application limits in the fall and winter could lead to increased
losses when manure is mismanaged
What are comprehensive nutrient
management plans?
▪ Comprehensive Nutrient Management Plans are conservation
plans unique to agricultural operations
▪ A tool farmers can use to increase the efficiency of all the
nutrient sources a crop used while reducing production and
environmental risk and ultimately increasing profit.
Important Factors of Nutrient Management
▪ Factors that need to be considered when managing nutrients
include:
▪ The application of nutrients considering the achievable optimum yields
and, in some cases, crop quality, and economic returns while reducing
off-site transport of nutrients that may impact the environment
▪ The management, application, and timing of nutrients using a budget
based on all sources active and sinks active at the site
▪ The management of soil, water, and crop to minimize the off-site
transport of nutrients leaching out of the root zone, surface runoff, and
volatilization (or other gas exchanges)
Challenges of Nutrient Management
Potential interactions due to differences in nutrient
pathways and dynamics
▪ Example: practices that reduce the off-site surface
transport of a given nutrient may increase the leaching
losses of other nutrients
This presents nutrient managers the difficult task
of integrating soil, crop, weather, hydrology, and
management practices to achieve the best
balance for maximizing profit while contributing to
conservation
What are the 4Rs of Nutrient Stewardship?
RIGHT FERTILIZER SOURCE at
the…
RIGHT RATE at the…
RIGHT TIME and in the…
RIGHT PLACE
Implementing the 4Rs
▪ BMPs (Best Management Practices)—approach to fertilizer and
Nutrient Stewardship
▪ 4Rs imply there are four aspects to every fertilizer application
and provides a framework to assess whether a given crop has
access to the necessary nutrients
▪ Asking “Was the crop given the right source at the right rate at
the right time and in the right place?” helps identify opportunities
to improve fertilizer efficiency and prevent nutrient movement
from each field
Ten Fundamental Components of Nutrient
Management Plans
1. Field Map:
▪ Includes general reference points (streams, residences etc)
▪ Number of acres
▪ Soil types
2. Soil Test:
▪ How much of each nutrient (N-P-K and other important nutrients) is
in the soil
▪ Key for developing nutrient rate recommendation
Ten Fundamental Components of Nutrient
Management Plans
3. Crop Sequence:
▪
Did the crop that grew in the field last year fix nitrogen to use in the
following years?
▪ Has the long term no-till increased organic matter?
▪ Did the send of season stalk test show a nutrient deficiency?
Ten Fundamental Components of Nutrient
Management Plans
4. Estimated Yield:
▪ Factors that affect yield are numerous and complex
▪ Soils, drainage, insects, weeds, disease, rotation etc.
▪ Using historic yields is important in developing yield estimates for future
years
▪ Adequate yield estimates can dramatically improve nutrient efficiency
5. Sources and Forms:
▪ Can vary from farm to farm and even field to field
▪ Manure fertility analysis, storage practices and other factors will need to
be included in the NMP
▪ Nutrients left over from previous years can effect rate recommendations
Ten Fundamental Components of Nutrient
Management Plans
▪ 6. Sensitive Areas:
▪ What's out of the ordinary about the field plan?
▪ Is it irrigated? Next to a stream or lake? Steep slope or low area?
▪ Are there buffers that protect streams, drainage ditches, wells or other
water collection points?
▪ How far from the neighbors?
▪ What's the general wind direction?
▪ Example: Was the manure applied for generations in one area due to
proximity to the dairy barn?
This is where you note the special conditions that need to be
considered.
Ten Fundamental Components of Nutrient
Management Plans
7. Recommended Rates:
▪ Given everything you’ve noted thus far, what is the optimum
rate of N, P, K, Lime and other nutrients?
8. Recommended Timing:
▪ Many factors affect timing—what are the specific requirements
to manage a certain crop? When does the temp drop below 50
degrees? Will a N stabilizer be used? Etc.
Ten Fundamental Components of Nutrient
Management
9. Recommended Methods:
▪ Surface or injected?
▪ Slope, rainfall patterns, soil type, crop rotation and other factors
determine which method is best for optimizing nutrient efficiency
10. Annual Review and Update:
▪ Its important to make sure you update your plan and take notes
throughout the year, which is easier than trying to do it all at
once and recall important details at the end of the year
What are other states doing in terms of
Nutrient Management??
Pennsylvania Nutrient Management Plans
▪ They will provide funding to farmers to develop management plans
▪ Only certain operations need to implement NMPs—operations classified as CAOs (Classified Animal
Operations) and VAOs (Voluntary Agricultural Operations) that meet certain criteria based on size of operation
Farmer may write his plan, however it must be approved by Commissions for NMPs—plans must be revised
every 3 years like MA
▪ Does not have specific requirements for fall and winter—however recommended to spread within 120 days,
says if it is not possible to cover the stack to keep rainwater from entering or to stack it on a pad
▪ Extensive record keeping
▪ Extensive and thought out —more than MDARs proposed regulations
▪
Offers a plan amendment for feasible issues such as if expected yield is significantly low, they may let you use
more fertilizer etc.
Maryland Nutrient Management Plans
▪ Requires a professional nutrient management consultant
▪ Every 3 years requires updating
▪ Does not rely on University extension service for guidance, set
their own guide lines for specific fertilizer requirements
▪ Extensive record keeping
Briefing Statements
▪ What is a briefing statement?
▪ Briefings, whether in the form of briefing notes, longer briefing papers, or oral
briefings, are used to keep decision makers informed about the issues they are
responsible for.
How to Write a Briefing Statement
Characteristics of a good briefing statement
▪
short: one to two pages, and always as short as possible
▪
concise: a short document isn't necessarily concise; concise means every
word is used as efficiently as possible
▪
clear: keep it simple and to the point; always keep your reader firmly in mind
and include only what matters to that reader
▪
reliable: the information in a briefing note must be accurate, sound and
dependable; any missing information or questions about the information should
be pointed out
▪
readable: use plain language and design (use white space, subheadings,
lists, font, and other means of making reading easier)
Briefing Statement: Three Main Parts
1. the purpose (usually stated as the issue, topic or purpose)
2. a summary of the facts (what this section contains and the
headings used will be determined by the purpose of the briefing
note)
3. the conclusion (this may be a conclusion, a recommendation
or other advice, or both)
Example
Dear Jim McGovern:
As a consumer, gardener, and Vegetable Extension Educator, I am writing to you regarding the proposed FDA
FSMA Produce Rule. As it is currently written, the FSMA Produce Rule will have a detrimental effect on local
farmers and consumers. After some research into the rulings and attending a FDA hearing on August 22nd at
Plainville Farm in Hadley, MA, I have prepared the following briefing statement.
Subpart E: Agricultural Water compliance will be costly (upwards of $7,500 according to one small farm's
estimate), particularly for New England producers who irrigate from multiple surface water sources.
a) The estimated $8 to $30 for each water test performed by a farmer is not financially sustainable for small
farms when considering the reduced profit margin.
b) The scientific basis for requiring such costly water testing should be developed before these regulations are
implemented, and testing by municipalities or other water labs should be considered as evidence for clean water
standards. The cost of water testing should not be placed upon the farmer as this is a cost they cannot recover in
sales of product.
c)
Etc…
Sources
▪ http://www.nutrientstewardship.com/ Nutrient Stewardship
▪ http://extension.psu.edu/plants/nutrient-management/act-38/act38-nutrient-management-regulations Pennsylvania
▪ http://mda.maryland.gov/resource_conservation/Pages/nutrient_
management_overview.aspx Maryland