Status of Maryland’s Proposed Nutrient Management Regulation Revisions
(June 28, 2012)
Overview
The Maryland Department of Agriculture (MDA) had developed a set of changes to its
nutrient management regulations that will have a significant impact on biosolids land
application in Maryland. Among the changes are provisions to effectively eliminate all
winter application of manure and biosolids, provisions to limit fall application rates to
levels not thought to be feasible for land appliers of biosolids, and a provision to
implement a more restrictive version of the phosphorus site index. Although very little
Blue Plains biosolids is applied in Maryland, adoption of these new rules could pose a
precedent that would be extremely costly were it to be adopted elsewhere in the region.
MDA’s proposed changes to its nutrient management rules are part of the state’s effort
to reduce nutrient loads under its watershed implementation plan for the Chesapeake
Bay TMDL. However, it is not clear that these efforts reflect sound science on these
issues nor cost effectiveness.
Current Status
MDA submitted its proposed changes to the statewide nutrient management regulations
that it administers to the legislature’s Joint Committee on Administrative, Executive and
Legislative Review (AELR) May 22. It is planning to publish the proposed regulatory
changes for public comment on Friday, June 29, which will trigger a 45-day public
comment period.
Regulation Main Details
Fall application (Sept 10 – Nov 1 or Nov 15) of chemical or organic fertilizers (in
advance of small grain establishment) can occur as long as it is done at a P-based
uptake rate (one-year crop removal) or doesn’t exceed 50 lbs/acre of N. Contractors
have said that these rates are not feasible at current land application prices or with
current equipment (i.e. the rates are too low to properly calibrate the equipment).
Between the effective date of these regulations and 2016, winter application of organic
nutrients (between November and the end of February) is limited to no more than the
one-year P crop removal rate. Starting in the fall of 2016, no winter application of
nutrients is allowed, unless the source is small (e.g. wastewater treatment plants < 0.5
mgd.) After the winter of 2019-2020, no winter application will be allowed for any
source.
The proposed regulatory changes do allow for expanded use of temporary field
stockpiling, for instance of poultry litter. However, such storage is not currently allowed
under MDE’s biosolids use regulations and MDE officials have indicated that they do not
intend to change this provision to allow such storage to occur.
Rationale for the Changes
Because only a limited number of biosolids industry representatives have been seated
in the forums at which MDA officials and other state parties have discussed these
BPRC Meeting, June 28, 2012
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proposed regulatory changes and because the University of Maryland research cited by
MDA has not been provided publically, the scientific argument for these changes is not
clear. Regarding nitrogen restrictions, COG staff infers from what it has heard from
others that the new rules are based on studies indicating that application ahead of fallplanted small grains and winter application ahead of spring-planted crops does not
convey any agronomic advantages in comparison to applications that occur later. As far
as we know however, the research has not addressed how much of the nutrients in
biosolids is subject to runoff or leaching losses when applied in these windows.
Biosolids Industry Response
The Maryland Association of Municipal Wastewater Agencies (MAMWA) has sent a
letter to the AELR Committee asking that it hold a hearing on the proposed regulations.
MAMWA and its member agencies plan to comment in writing and at the four public
hearings MDA will hold during the comment period. WSSC, which is a member of
MAMWA, plans to comment.
DC Water has not publically commented on this issue as yet. Members of the Biosolids
Workgroup are exploring options for funding research in Virginia that could address
some of the current gaps in scientific knowledge regarding nitrogen dynamics in
particular.
COG Staff Contact: Karl Berger, 202-962-3350, kberger@mwcog.org
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