Draft Nitrogen Fertilizer Rule

Transcription

1 Draft Nitrogen Fertilizer Rule Pesticide and Fertilizer Management Division Minnesota Association of Townships Education Conference and Annual Meeting

2 Eleven Public Listening Sessions 10. Warren 9. Roseau 6. McIntosh 11. Hawley 5. Wadena 4. St. Cloud 1. Marshall 8. Fairmont 7. St. Paul 3. Farmington 2. Chatfield

3 Background and Overview

4 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

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

6 Elevated Nitrates in Groundwater is 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 44 communities have nitrate > 5 ppm (of 967) 254 non-community public wells have nitrate > 5 ppm (of 5861)

7 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.

8 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

9 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

10 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.

11 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

12 Understanding the Nitrogen Fertilizer Rule

13 Draft Nitrogen Fertilizer Rule Am I subject to the Rule? Part 1 of the Rule The rule is in draft form and is subject to change

14 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.

15 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.

16 Draft Nitrogen Fertilizer Rule Am I subject to the Rule? Part 2 Elevated Nitrate concentrations in private or public drinking water The rule is in draft form and is subject to change

17 Township Testing Results for Health Risk Limit: >10 mg/l Percent of Wells Number of Townships 10 mg/l Nitrate-N Initial Final Less than 5% % % or more According to Initial Data: 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

18 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

19 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

20 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

21 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

22 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

23 The Rule Making Process

24 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

25 Comments on the Draft Rule Approximately 820 comments received Themes so far Defining vulnerable areas Conduct additional sampling in areas to evaluate if there are impacts from nitrate in groundwater Section too large Additional exceptions recommended Too slow to move to regulation Basing regulation on adoption of BMPs rather than improvement in groundwater quality Optional Tagline Goes Here mn.gov/websiteurl

26 Thank you! Larry Gunderson