The State of Urban Nutrient Management: State Program Overview

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1 The State of Urban Nutrient Management: State Program Overview

2 Welcome to the Webcast To Ask a Question Submit your question in the chat box located to the left of the slides. We will answer as many as possible during Q&A. To Answer a Poll Question Simply select the preferred option. For those viewing this session alongside several colleagues, respond in a manner that represents your organization as a whole. We ARE Recording this Session All comments and questions will be recorded and included in the archives. We will notify you as soon as the recording and related resources are loaded on the web. We Appreciate Your Feedback Fill out our evaluations our funders need to hear it!

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8 Speaker Info Karl Berger, Metropolitan Washington Council of Governments Bryan Harris, Maryland Department of Agriculture Derik Cataldi, Virginia Department of Conservation and Recreation Dan Woodall, Delaware Department of Agriculture Chris Brosch, Delaware Department of Agriculture

9 Today s Agenda Statewide UNM credit and Bay Program Progress Maryland s UNM Program Virginia's UNM Program Delaware's UNM Program

10 Statewide Credit for Urban Nutrient Management in the CBP Watershed Model Karl Berger Metro Washington Council of Governments CBP LUWG chair BERGER 10

11 UNM Expert Panel Recommendations Established definition for what the urban nutrient management BMP consists of Revised reduction efficiencies Established several statewide credits (phosphorus in all states; nitrogen in Maryland only) based on state legislation or industry practice All statewide credits subject to verification ( in three years ) based on state fertilizer sales data 11

12 Current Nutrient Management Credits under WSM Version Management Action Nitrogen Reduction Phosphorus Reduction Statewide Credits - Subject to verification, adjustment based on statewide sales data State-wide Fertilizer Legislation Commercial: 9%* DIY-ers: 4.5%* No Statewide Fertilizer Legislation** Urban Nutrient Management Plans**** Urban Nutrient Management Pledges 3% EOS reduction for every 10% reduction in N fertilizer inputs to pervious land Low Risk 6% 3% High Risk 20% 10% Blended 9% 4.5% Only eligible for low-risk rate 6% 3% 23.3 to 26.7%*** 19 to 21.1%*** *Maryland is the only state that currently has state-wide legislation for nitrogen. **States without legislation benefit from industry phase-out of phosphorus in fertilizer products. *** Numbers vary slightly based on variable delivery rates in the model **** Plans must be renewed every three years. 12

13 Fertilizer Data Use in Watershed Model Phase all pervious acres receive uniform fertilizer input For P, 1.3 lbs/acre/year For N, 43 pounds/acre/year Expert Panel report provided for automatic reductions: States with phosphorus legislation (MD, NY and VA) receive 0.39 lbs/acre of phosphorus (70 % reduction per UNMEP report) States without such legislation (DC, DE, PA and WV) receive 0.5 lbs/acre of phosphorus (60 % reduction per UNMEP report) By 2016, states must show fertilizer sales/use statistics that substantiate these reductions in phosphorus applications Under Version 6, applications of N and P fertilizer should be based on state fertilizer sales/acres in turf

14 What Does the State Sales Data Show Different levels of reduction depending on which data set is used Different levels of reduction depending on what year you use for a baseline Data tends to have gaps or hard-to-explain fluctuations

15 55-85 % Reduction Industry Reported Change in P Fertilizer Sales in the Bay States, 2006 to State 2 Percent Millions of Millions of reduction Pounds Pounds Pennsylvania % Maryland % Virginia % Delaware % West Virginia % Total % 1 annual sales data reported by Scotts (2011) for non-farm fertilizer sales by state. Scott's currently has a 60% market share, and has committed to a full phase out of P in its fertilizer products by January 1, Analysis performed by Gary Felton, Note that the statistics on P sales are provided for each state as a whole, and NOT the fraction of the state located within the Bay watershed Table 6, page 17 from CBP Urban Nutrient Management Expert Report 15

16 25 % Reduction Data from Matt Johnston, CBP data analyst, presented at May 2015 CBP USWG meeting -- derived from AAPFCO non-farm fertilizer sales data

17 70 75 % Reduction Data from Dan Woodall, DDA, presented at September 2015 CBP USWG meeting

18 Where Do We Go From Here? Expert Panel concluded that more accurate nonfarm fertilizer sales data that accounts for actual N and P content of fertilizer being sold is essential to verify any state-wide credits..and needed for Phase 6 of CBWM Some Bay states are working to implement better non-farm fertilizer sales data Data will be key to setting baseline conditions for urban pervious for Phase 6 18

19 Questions?

20 Maryland Department of Agriculture Urban Nutrient Management

21 Urban Nutrient Management Staff Dwight Dotterer Program Manager Bryan Harris Implementation Coordinator Kelly M Love Nutrient Management Specialist Judy McGowan Nutrient Management Specialist

22 Urban NM Authority Fertilizer Act of 2011 took effect on October 1, Authority is granted by Agricultural Article: Annotated Code of Maryland Regulations are Title in the Code of Maryland Regulations (COMAR) - Fertilizer Application Requirements for Land Not Used for Agricultural Purposes

23 What is the Urban Nutrient Management Program Responsible for? Education Certification/Licensing Re-Certification Continuing Education Accountability/Reporting Inspection Investigation Enforcement

24 Educational Topics New Laws and Regulations New certification requirements for clientele in the turf industry Guidance for all new recordkeeping and reporting requirements Provide nutrient recommendations for Turf and non- Agricultural applications Continuing education on new turf practices and products

25 Certification Who has to be certified? COMAR A says, A Person who is paid to apply fertilizer to turf not used for agricultural purposes, may not apply fertilizer containing nitrogen or phosphorus to turf; unless that person is a certified professional fertilizer applicator, or working under the direct supervision of a certified professional fertilizer applicator.

26 Certification Each business location must have At Least 1 Professional Fertilizer Applicator (PFA) and MDA-F# Each Golf Course must have at least 1 PFA on staff. Each business location must have a Business License. (MDA-F#). To get a MDA-F number, you have to have a PFA on staff at that location. Each Business must label all fertilizer vehicles with their MDA-F# or any vehicle that will be on site during fertilization Anyone that performs fertilization must be either a PFA or a Trained Employee (TE)

27 Certification Process How do you get certified? Who needs to be certified and why? Professionals must take an exam and pass with a 70% or greater to become a PFA (Professional Fertilizer applicator) Exams are based on the MD Professional Lawn Care Manual Source: DAProLawnCareManual pdf Review sessions are provided before each exam.

28 Current Participants As of January 8, 2016 there are 1572 Certified Professional Applicators There are 943 Business License Issued There are 1482 Registered Trained Employees

29 Continuing Education To maintain your Professional Applicator Certificate (PFA) you must get 2 Continuing education credits per year. You can attend a MDA re-certification courses that MDA sponsors conjunction with the University of MD Extension at either MDA headquarters, or at a participating UME buildings. You can also attend a trade show or conferences that participate with our turf-grass program. If they do, make sure that you sign a MDA turf-grass CEU form to get the correct credits. You can always request that a professional program be considered for CEU credits with an agenda and proof of attendance.

30 Re-Certification How do you get Re-Certified? You must make sure that you get 2 hours of continuing education a year You must turn in your Annual Fertilizer Application Report (AFAR) by March 1. You must sign all applicable paperwork. (2 forms, one for personal PFA, and one for Business License) You must send in the correct fees

31 Inspections Nutrient Management Specialists do inspections. Inspections are random, unless there has been a complaint, or compliance issues in the past From 5/1/14-11/1/15 there were 416 inspections

32 Investigations We investigate ALL complaints received by other PFA s, neighbors or landowners. We work congruently with other departments like pesticides to fully investigate all complaints. We try to resolve all issues to the best of our ability within the confines of the law.

33 Enforcement When do we enforce? When an issue becomes repetitive or multiple instances of a single issue. When there was a blatant disregard for the regulations. When there is harm to human health or the environment. When waters of the state may be impacted

34 Enforcement How does enforcement begin? With a warning on your inspection form, also noted as the first notice of Agency Action. If situation does not improve then a warning letter will be issued. Next will be a charge letter imposing a civil penalty of $1000 to $10,000.

35 Nutrient Management Specialists Eastern/Southern Region Judy McGowan Western/Northern Region Kelly M Love Kelly.Love@maryland.gov

36 Implementation Coordinator Bryan Harris

37 Questions?

38 Virginia Urban Nutrient Management Derik Cataldi Urban Nutrient Management Specialist

39 VA Nutrient Management Standards and Criteria Defines Season of Application Sets annual nitrogen amount based on turfgrass species and use Sets per application amounts based on fertilizer source Sets phosphorus and potassium amounts based on soil test levels

40 Three Pronged Approach Certified Planners Required in 3 situations. Golf, SO land, MS4 Green & Clean Initiative (formerly WQA) Voluntary VDACS Certified Fertilizer Applicators Required for localities, SO land, 100+ acres

41 Certified Planners Education, Experience and Exam requirements Training offered by the state. Is not required, but highly recommended

42 Green & Clean Initiative Initial meeting with DCR to detail current fertility programs Must follow Virginia Nutrient Management Standards and Criteria Agreements are renewed yearly

43 VDACS CFA Training and exam required Must follow Virginia Nutrient Management Standards and Criteria All training and fertilization records must be kept

44 Tracking Procedures Certified Plans: Clients keep records DCR verifies of acres 10% annually Random selection Verification includes: Looking at records to check for deviations from plan Checking for issues with timing, per app, or annual fertility amounts

45 Tracking Procedures Green & Clean Initiative: Participants keep records DCR verifies of acres 10% annually Random selection Verification includes: Looking at records, checking for issues with timing, per app, or annual fertility amounts

46 Tracking Procedures VDACS Certified Fertilizer Applicator: Applicators keep records No verification procedure in place yet

47 Potential Program Changes Working to collect VDACS data in a useable format Increased VDACS CFA reporting? High and low risk assessment

48 Potential Program Changes Bronze Intro to program, signed agreement to follow core practices, no reportable acreage Silver Informal plan or hire G&C lawn care operator, acreage is reportable at lower level Gold Formal plan, acreage is reportable and can receive full credit for high-risk areas

49 Challenges Everything in VA so far is geared toward industry professionals Private landowners are a significant portion of the puzzle 500K acre goal, but where is the incentive?

50 Challenges Creating partnerships between localities and the state around a simple, but effective program Verification of acreage? Backlash?

51 Conclusions Multiple approaches to UNM Verification in place for 10% of acres Working to develop VDACS CFA verification protocol Engaging/incentivizing private landowners will be key to meeting goals

52 Questions?

53 Management of Fertilizer in Delaware: Tonnage Data Handling Update. Presented January 21, 2016 for The Center For Watershed Protection. Presented By: Dan Woodall - Manager of the Regulatory Compliance Section and Laboratory: DDA Chris Brosch - Program Administrator and Commissioner of Delawares Nutrient Management Section: DDA

54 ST HALF STATS 306 Fertilizer Companies 305 Companies Complied with Reporting 107 Companies Reported Positive Tonnage That s 35% Revenue of $17,751

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59 DE NUTRIENT MANAGEMENT LAW 4 levels of certification Nutrient Generator in/organic nutrient producer Private nutrient handler applicator of in/organic nutrients to owned, leased or controlled lands Commercial nutrient handler applicator of nutrients to land in exchange for a fee Nutrient consultant person engaged in activities of advising or consulting regarding the formulation, application, or scheduling of in/organic nutrients as in a Plan.

60 CERTIFICATION DETAIL REFERENCE

61 Questions?

62 Webcast Resources U-5 Urban Nutrient Management Fact Sheet Recommendations of the Expert Panel to Define Removal Rates for Urban Nutrient Management Earlier webcasts on UNM Identifying and Targeting High Risk Turf Areas using GIS Managing Nutrients on Golf Courses Managing Nutrients in Residential and Recreational Areas Urban Nutrient Management to Help Restore the Chesapeake Bay

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