Legislation
Summary of Phase II Proposed Nutrient Management Regulation
by Ken Hough, OCPA Director of Research & Market Development

You may want to have your October issue of the Ontario Corn Producer magazine at hand as you read this, as several references are made to the article there regarding Phase I of the NM Reg (p.10). Most of the information in the October article is still correct. Where there are obvious differences between the current phase II draft Reg./NM Protocol and the Phase I versions, these changes will be identified clearly. (However, because this article is not a comprehensive overview, not all changes between Phase I and Phase II will be noted).

Context:
• Prescribed materials for the purposes of the draft Reg. include, from agricultural sources:
- manure
- washwaters from agricultural operations
- byproducts of on-farm processing operations
- leachates from on-farm feed storages, runoff from farm-
animal yards and manure storages
- greenhouse and container nursery leachate
- organic materials produced by intermediate generators
(i.e., mushroom compost)
- any other agricultural source material capable of being
applied as a nutrient.
• Prescribed materials from non-agricultural sources include:
- pulp and paper biosolids
- organic materials produced by intermediate generators
(i.e., yard waste compost)
- sewage biosolids.
Commercial fertilizer is not a prescribed material for the purposes of this Regulation. However, commercial fertilizer is included under the legislation and regulations, so farmers using commercial fertilizers will require a NMP and will be impacted by the rules.
• Generators of prescribed materials (i.e., livestock operations, on-farm vegetable or fruit processors, municipal sewage treatment plants, etc.) must complete a NM Strategy that describes the management, storage and destination of the prescribed nutrient materials. Users/appliers of nutrients (prescribed materials and commercial fertilizers) must complete a NM Plan that describes the land application of these nutrients. There are many common components between a NM Strategy and NM Plan, so operations that both generate and use nutrients can combine these documents. Approved NM Plans and NM Strategies must be renewed every 5 years (rather than every 3 years as proposed in Phase I), or sooner if significant changes in generation or use of nutrients occurs (see Oct. article).
• The ‘nutrient unit’ (NU) has been more clearly defined relative to the phase I definition, as the amount of manure giving a fertilizer replacement value of 95 lbs. of nitrogen (N) or 121 lbs. of phosphate (P2O5) whichever is reached first. These levels were used in calculating the numbers of animals of particular species defined in the NU tables for generators, and for determining the quantity of NU if receiving manure for application. Note: NUs are used for categorization only and have nothing to do with landbase requirements.
• Provision has been made for a ‘short version NM Plan’ for Category 1,2,5,7 and 8 farm units (see Table 1) not using biosolids. In order to qualify to use the short version for a ‘farm unit’ (see description in Oct. article), several criteria must be met, including (but not limited to):
- uses only commercial fertilizer or on-farm generated nutrients (Category 1 or 2 operation generating less than 1.5 nutrient units of solid manure per hectare and with adequate storage) OR receives less than 1.5NU/ha of these nutrient materials and meets temporary storage requirements
- complies with all land application
regulations (set-backs, spreading
conditions, etc.) within maximum
application limits for nutrients.
• The NMAN software, or the corresponding hardcopy workbook, is the basis for determining land application rates for nutrients.

Farm Categories and Phase-In Timelines
• Additional categories have been defined for farms and other generators of nutrients (See Table 1). Users of only commercial fertilizers are in Category 8. Categories I through IV apply to generators or users of manure.
• Thus if you are cash crop farmer receiving 200 NU of manure for your crop production, you would be classified as a Category III operation, and thus need to implement a NM Plan for April 2005 for existing operations (or April 2003 for new or expanding operations).
• Municipal biosolids are captured under Category 6, and these generators, depending on their size (amount of biosolids generated), must phase in their NM Strategies between September 2003 and March 2008. Thus farmers receiving biosolids from a Type 1 or Type 2 sewage processor, with phase-in dates of Sept. 2003 and Sept. 2004 respectively, would need to align the implementation of their own NM Plans with these same dates (since the NM Plans and NM Strategies must cross-reference each other).

Setbacks and Buffers for Land Application
The draft regulation outlines setback distances from wells (private, municipal, oil/gas, test wells), surface water (lakes, ponds, reservoirs, sinkholes or wetlands, including intermittent streams with established vegetation that is not dominated by terrestrial plants) residences or residential areas (minimum of 4 residences with common boundaries – houses on opposite side of the road are considered to have common boundaries), and designated health or educational facilities.
• Proposed setbacks are shown in Table 2.
• On tiled land, tile outlets must be monitored, and/or pre-tillage conducted within 7 days prior to application, or application rates must be kept below approximately 3,600 gallons per acre.
• Buffer zones must consist of permanent vegetation such as perennial grasses, legumes or other species (including perennial forage crops harvested for use) or trees.
• Establishment of buffer zones will coincide with or precede phase-in dates for implementation of NM Plans. Otherwise wider setbacks are required.

Training and Certification Requirements
• Phase-in timelines are outlined in Table 3.
• Farmers can prepare their own plan/strategy or hire a consultant.
• Regardless, training is required for farmers and consultants preparing plans.
• OMAF training is required both for plan preparation and land application.

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