Draft Nitrogen Fertilizer Rule

Transcription

1 Draft Nitrogen Fertilizer Rule Pesticide and Fertilizer Management Division

2 Agenda Draft Nitrogen Fertilizer Rule Listening Session Background and Overview Dan Stoddard What are MN Farmers Doing to Protect Groundwater? Bruce Montgomery Understanding the Rule Larry Gunderson Minnesota Agriculture Water Quality Certification Program Larry Gunderson Panel Discussion Dan Stoddard, Bruce Montgomery, Larry Gunderson Draft Nitrogen Fertilizer Rule

3 Background and Overview Dan Stoddard, Pesticide and Fertilizer Management Assistant Director

4 How Can You Comment on The Rule? The rule is currently in draft form and is subject to change. View the draft Nitrogen Fertilizer Rule: We want to hear from you! Comments on draft accepted until August 11, 2017 Submit written comments to: Larry Gunderson OR 625 Robert Street North, St. Paul, MN 55155

5 Nitrogen Fertilizer Management Plan (NFMP) The NFMP is the state s blueprint for minimizing groundwater impacts from the use of nitrogen fertilizer The Nitrogen Fertilizer Rule is based on the NFMP Will discuss the NFMP and explain how the rule fits into the plan Draft Nitrogen Fertilizer Rule

6 Local Involvement is Key The approach to the NFMP and Rule is to involve the agricultural community in problem solving at the local level. We all need to work together to respond to and address localized concerns about unsafe levels of nitrate in groundwater. Dave Frederickson, Commissioner of Agriculture Draft Nitrogen Fertilizer Rule

7 Basic Approach Nitrate can be a significant concern in groundwater Our goal is to work with local farmers and agronomists to promote science based and economically viable practices to reduce nitrate in groundwater The rule is a draft We want to hear your comments and suggestions on how we can make this work Draft Nitrogen Fertilizer Rule

8 Nitrate Leaching from Fertilizer A very challenging problem Under row crop production in vulnerable soils, nitrate leaching will occur Losses may vary significantly between years due to weather May be long lag times (years) between changes in practices and changes in groundwater quality Enormous variability between and within aquifers There is no simple solution

9 A Serious Concern in Vulnerable Areas Approximately 9.5% of MDA tested private wells, in vulnerable areas, exceed the nitrate standard In some townships 30-40% of the wells exceed the nitrate standard, recent data from SW MN is even higher 44 communities have nitrate > 5 ppm (of 967) 254 non-community public wells have nitrate > 5 ppm (of 5861)

10 MDA is Lead Agency for Nitrogen Fertilizers The Minnesota Department of Agriculture (MDA) is the lead state agency for the management of fertilizer and for addressing nitrate from fertilizer in groundwater. The Groundwater Protection Act (Chapter 103H) outlines specific requirements and a process to address contamination in groundwater. Draft Nitrogen Fertilizer Rule

11 The Groundwater Protection Act - Chapter 103H Degradation Prevention Goal It is the goal of the state that groundwater be maintained in its natural condition, free from any degradation caused by human activities. It is recognized that for some human activities this degradation prevention goal cannot be practicably achieved. However, where prevention is practicable, it is intended that it be achieved. Where it is not currently practicable, the development of methods and technology that will make prevention practicable is encouraged.

12 Groundwater Protection Act - Terms Prevention actions to prevent nitrate from getting into groundwater Mitigation actions to address areas that have elevated nitrate in groundwater Best Management Practices (BMPs) science based practices designed to use fertilizer efficiently and reduce nitrate losses Draft Nitrogen Fertilizer Rule

13 Groundwater Protection Act Under the Groundwater Protection Act MDA must: Develop voluntary Best Management Practices (BMPs) to prevent or minimize the source to the extent practicable ; Promote BMPs via education and demonstration projects; Evaluate BMP adoption and effectiveness; Consider regulation if BMPs are proven ineffective. Draft Nitrogen Fertilizer Rule

14 NFMP Revision Process Revised through an extensive advisory committee process Multiple stakeholders Conducted a detailed analysis of nitrate issues including the benefits and limitations of different approaches Extensive public comment period Draft Nitrogen Fertilizer Rule

15 The Revised NFMP 1. An emphasis on prevention; 2. Extensive testing on private wells by township; 3. A new phased approach to assessing and prioritizing areas with nitrate contamination; 4. An emphasis on involving local producers and communities in problem solving through local advisory groups; and 5. Promoting alternative management tools (AMTs)- changing land management in targeted areas. Draft Nitrogen Fertilizer Rule

16 Prevention High priority On all cropland but especially in areas vulnerable to groundwater contamination Promote fertilizer BMPs Promote Alternative Management Tools (AMTs) A New Nitrogen Fertilizer Education and Promotion Team Draft Nitrogen Fertilizer Rule

17 Mitigation In areas with elevated nitrate use a four phase (level) approach Levels are based on percent of wells exceeding the nitrate drinking water standard or public wells approaching the standard Two levels are voluntary, two are regulatory Always starts with one of the voluntary levels Becomes regulatory only if BMPs are not voluntarily adopted Draft Nitrogen Fertilizer Rule

18 What Are Minnesota Farmers Doing to Protect Groundwater? Bruce Montgomery, Fertilizer Nonpoint Section Manager

19 MN Producers Continue to Increase Efficiency from Nitrogen Inputs Bushels of Corn Produced per Lb of N Fertilizer 1992 to 2011

20 Much of the Knowledge Base Comes From Land Grant Research Years of UM research provides regional guidance on the 4-Rs : Range of nitrogen fertilizer rates based on the Maximum Return to Nitrogen approach; Timing; Placement; Source; When to use nitrification inhibitors and slow-release products. Draft Nitrogen Fertilizer Rule

21 Effects of Nitrogen Fertilizer Rates on Leaching Losses

22 Drainage Lysimeters Provide Nutrient and Water Movement Information Nitrogen Fertilizer Management Plan

23 Important to Recognize What We Can Control and What We Can t Nitrogen Fertilizer Management Plan

24 Why the public concerns regarding nitrogen fertilizer use?

25 Additionally, Acreage of Rowcrops Continues to Expand

26 Nitrogen Fertilizer BMPs for Minnesota BMPs= Nitrogen Fertilizer Best Management Practices Draft Nitrogen Fertilizer Rule

27 Regional BMPs May Not Be Appropriate in Some Situations Draft Nitrogen Fertilizer Rule

28 When BMPs May Not Be Enough------Alternative Management Tools Precision agriculture Cover crops Use of perennials Land swapping CRP/hunting preserve Lower nitrogen use varieties Highly targeted lands taken out of production BMPs= Nitrogen Fertilizer Best Management Practices Draft Nitrogen Fertilizer Rule

29 Understanding the Nitrogen Fertilizer Rule Larry Gunderson, Fertilizer Technical Unit Supervisor

30 Draft Nitrogen Fertilizer Rule Am I subject to the Rule? Soils and Geology Nitrate Level and BMP Use Part 1

31 Part 1: Nitrogen Fertilizer Application Restrictions in Vulnerable Groundwater Areas If you farm in a vulnerable groundwater area, you will not be able to apply nitrogen fertilizer in the fall or on frozen soils. Criteria include karst geology, near surface bedrock or soils with high saturated hydraulic conductivity. Vulnerable groundwater areas will be determined section by section. If more than 50% of a section is vulnerable, fall application will not be allowed in the entire section. Draft Nitrogen Fertilizer Rule

32 Exceptions Fall application of nitrogen fertilizer will be allowed in vulnerable groundwater areas to: establish small grains; fertilize pasture; apply phosphorus fertilizers (MAP, DAP) and other micronutrients that contain nitrogen; the overall applied nitrogen rate must not exceed 20 pounds per acre; make a land application of agricultural chemical contaminated soil; conduct agricultural research on areas 20 acres or less. Draft Nitrogen Fertilizer Rule

33 Water Movement through the Soil Profile Saturated Hydraulic Conductivity (Ksat) Based on soil hydrology Scientific approach, utilize best soils data Reliable and consistent Data available statewide in ag areas at township (or finer) scale

34 Saturated Hydraulic Conductivity and Soil Texture Ksat of 10 micrometers per second or 1.4 inches per hour

35 Draft Nitrogen Fertilizer Rule Am I subject to the Rule? Soils and Geology Nitrate Level and BMP Use Part 2

36 Initial Results for Health Risk Limit: >10 mg/l Percent of Wells 10 mg/l Nitrate-N Number of Townships Less than 5% % 43 10% or more 71 Total 167 Approximately 20,000 wells were sampled in 19 counties 9.5% (1,912) of those wells were greater than or equal to 10 mg/l

37 Wells Removed Unsure of Water Source Point Source Well Construction Problem Irrigation Wells or Spring Source? No Unique Well ID & Well Not Seen & Constructed before 1975 No Unique Well ID & No Site Visit & Insufficient Information Hand Dug Wells

38 Township Assessment: Levels Health Risk Limit: >10 mg/l Prevention Mode Mitigation Level One Mitigation Level Two Mitigation Level Three Mitigation Level Four Nitrate Levels <5% 10 mg/l 5% 10 mg/l 10% 10 mg/l 10% 10 mg/l 15% 10 mg/l Increasing BMP Adoption Acceptable or Undetermined Not Acceptable Regulatory Status Voluntary Regulatory Optional Tagline Goes Here mn.gov/websiteurl

39 Townships With 10% of the Wells Over 10 mg/l (Level 2) Health Risk Limit: >10 mg/l Stronger action is needed to decrease nitrate levels in groundwater MDA forms a local advisory team and seeks input Advisory team reviews nitrogen fertilizer BMPs for the area and advises the MDA on suitable practices Local advisory team offers leadership & supports BMPs & alternative practices MDA posts nitrogen fertilizer BMPs for area Continue to use and promote nitrogen fertilizer BMPs & alternative practices After three growing seasons farmers participate in nitrogen fertilizer BMP survey BMPs & alternative practices used on 80% of cropland, no further regulation is likely BMPs & alternative practices not used on 80% of cropland, further regulation is likely Draft Nitrogen Fertilizer Rule

40 Before Farmers are Required to Follow Practices. Local Advisory Team recommends appropriate BMPs BMPs promoted BMP adoption is evaluated Monitoring network established and data analyzed Draft Nitrogen Fertilizer Rule

41 Example Commissioner s Order Process Example Regulatory Options: Appropriate Regional BMPs Local Advisory Team Record keeping Attend training Collect well water samples Credit N from previous crop and manure Soil testing Nitrification inhibitor Commissioner s Order Example Commissioner s Order: Record keeping Credit nitrogen from all sources Soil testing Select BMPs Irrigation management Draft Nitrogen Fertilizer Rule

42 Alternative Management Tools Go beyond the nitrogen BMPs Substitute for BMPs MDA will develop a list of approved AMTs May be used as an alternative to a requirement in a Commissioner s Order BMPs= Nitrogen Fertilizer Best Management Practices AMTs= Alternative Management Tools Draft Nitrogen Fertilizer Rule

43 The Rule Making Process Draft Nitrogen Fertilizer Rule

44 How can you comment on the Rule? The rule is currently in draft form and is subject to change. View the draft Nitrogen Fertilizer Rule: We want to hear from you! Comments on draft accepted until August 11, 2017 Submit written comments to: Larry Gunderson OR 625 Robert Street North, St. Paul, MN 55155

45 What are we asking you to do to protect groundwater? Evaluate the Nitrogen Management Practices on Your Farm; Implement the UM BMPs to the fullest extent possible; Consider serving on the Local Advisory Team if your township or drinking water supply management area is determined to have unacceptable nitrates; For further reductions, please consider practices (AMTs) that can further improve your drinking water. Draft Nitrogen Fertilizer Rule

46 Minnesota Agricultural Water Quality Certification Program MAWQCP offers producers: - Recognition - Financial/Technical assistance - Regulatory certainty - Branding/Marketing opportunity - Check-up/Validation for growers Whole-farm planning for water quality; risk assessment of every parcel, every crop Pairs producers with professionals to develop site-specific solutions for risks to water quality

47 MAWQCP Background Boots-on-the-ground conservation delivery. By law, all data is strictly private 10 year term of certification; amendable for land moving in or out of farming operation; and recertification as desired. Certainty provided by contract with State of Minnesota Certified farms are deemed to be in compliance with any new State water quality rules or laws and considered to be meeting their contributions to any targeted reductions of pollutants during the period of their certification.

48 Panel Discussion- Questions & Answers

49 Thank you! Larry Gunderson Draft Nitrogen Fertilizer Rule