Scope:
• The application of nutrients is to be guided by best management practices (BMPs) as programmed within the NMAN nutrient management software and published in the OMAF production recommendation guides (e.g., Pub. 811 Agronomy Guide for Field Crops) and the BMP series of publications.
• There are no limitations on minimum ownership of land, caps on maximum herd size, amount or timing of application rates, minimum days of storage, etc.

Purpose, as stated in the draft regulation:
1. Optimize the relationship between the land-based application of nutrients, farm management techniques and crop requirements
2. Maximize the efficiency of on-site nutrient use
3. Minimize adverse environmental impact.

Definitions:
Although additional clarification is being sought on several of the following, this is our best understanding at this time:
• Nutrient Management Plan: must be completed by afarmer addressing plans for applying nutrients on owned, rented or leased land
• Nutrient Management Strategy: must be completed by generators of nutrients, such as livestock farmers (manure), municipalities (biosolids) or other generators (for example, producers of compost). A NM Strategy must be linked with the NM Plan(s) that are in place dealing with utilization of the nutrients generated.
• Nutrient Unit: from the draft regulations: “The number of animals housed, or pastured, at one time on a Farm Unit, that generate enough manure to fertilize the same area of crop landbase (e.g., an acre) under the most limiting of either nitrogen or phosphorus as determined by OMAF’s Nutrient Management (NMAN) software

Or, in the case where no animals are housed: The weight or volume of manure or other biosolids used
annually on a Farm Unit, that fertilizes the same area of crop landbase under the most limiting of either nitrogen or phosphorus as determined by OMAF’s Nutrient Management (NMAN) software.”
• Farm Unit: from the proposed regulations:

1. For agricultural operations that generate a prescribed nutrient (manure, washwaters, on-farm processing by-products, leachates, livestock yard or manure storage runoff, etc.):
• Can be no smaller than a single deed, or
• Can be no smaller than the landbase of a generating facility under a single continuous roof, or
• Must include all land receiving nutrients generated on the
deeded property, as required by the Nutrient Management Strategy and/or Plan; whether or not the land itself is on the same deed, and
• Must include nutrient generating facilities on other deeds owned by the same person/corporation if the nutrients generated on these other deeds are utilized on the landbase of the first deed; and
• If nutrients are generated in different locations on your
overall operation and those nutrients are not spread on the same landbase, then these different locations can be two or more separate farm units.

2. For agricultural operations that do not generate, but use nutrients
• The farm unit can be no smaller than a single field.

How it is intended to work:
• Step 1: Defining your specific farm unit(s) for the purposes of nutrient management. A separate NMStrategy and/or NMPlan will be required for each Farm Unit. A Farm Unit Declaration Form will need to be completed.

• Step 2: Determine the Farm Unit Category. Categories and phase-in timelines are as follows:

Phase-In Timeline for Farm Operations
Category/Size New or expanding Existing

Category IV March 31, 2003 March 31, 2004
- a farm unit handling 300 nutrient units or more annually
- e.g., more than 150 dairy cows or 1,800 finishing pigs

Category III March 31, 2003 March 31, 2005
- a farm unit handling 150 to 300 nutrient units annually
- e.g., 75-150 dairy cows or 900-1,800 finishing pigs

Category II March 31, 2003
- if generate liquid manure or other nutrients - March 2005,
- other existing operations - March 2008
- a farm unit handling 30-150 nutrient units annually
- e.g., 15-75 dairy cows or 180-900 finishing pigs

Category I March 31, 2003 March 31, 2008
- a farm unit handling less than 30 nutrient units annually
- e.g., fewer than 15 dairy cows or 180 finishing pigs

All other agricultural operations, including non-livestock, would be required to submit nutrient management plans in 2008.
• Step 3: Prepare NMStrategy: As a generator of manure, a livestock farm will need to prepare a NMStrategy to describe how and where all of these nutrients are to be utilized. (Municipalities will need to have a NMStrategy for their biosolids, leaf compost, etc.). The NMStrategy, as proposed, will need to include information on:
- farm unit declaration, farm unit map and site plan (including information on minimum separation distances for buildings, watercourses, tile inlets/outlets, etc.)
- listing of all nutrients and quantities generated (nutrient analysis is recommended)
- manure storage information
- destinations for all nutrients (through linkages to NMPlans and/or other NMStrategies, broker Agreements or Intermediate Handlers), including NMAN nutrient management software printouts as applicable
- contingency plan
- certification form.
• Step 4: Prepare NMPlan: Ultimately, all farms using nutrients (from manure, biosolids, compost, commercial fertilizers, etc.) will have to have a NMPlan to describe how all the nutrients they receive (or generate) are to be utilized. The NMPlan will need to include information on:
- farm unit declaration, site plan(s)/map(s) showing location of all fields included in farm unit, including siting of buildings, watercourses, tile inlets/outlets, neighbours, roads, nearby towns, etc.
- leases and manure agreements pertaining to land in the farm unit
- listing of all nutrients and quantities generated (nutrient analysis is recommended)
- manure production and storage information
- plans for nutrient utilization, including field sketches
with pertinent features, land availability after adjustment for setbacks, etc., soil sample information (minimum of every three years for phosphorus; not specified for nitrogen), yield information (including verification if significantly higher than county average), manure application rates, demonstration of appropriate agronomic and crop removal balances for each of N and P (i.e., NMAN printouts) and demonstration of adequate landbase for applied nutrients
- linkages to NMStrategies and/or other NMPlans, broker Agreements, as applicable
- contingency plan
- certification form.
• Thus, a livestock farm will have to prepare both a NMStrategy and a NMPlan, although OMAF suggests the NM strategy for most farms will be relatively simple, since much of the same information is already contained in their NMPlan.
• Both require extensive backup documentation and detail as shown above, and there are several aspects common to both. It is not clear from the draft regs how this may be streamlined for the sake of efficiency and keeping costs down.
• Approval by OMAF is required for the NMStrategy for Cat. III or Cat. IV farm units. Renewal is required every 3 years, or sooner if significant changes occur (>20% increase in nutrient generated; change in ownership/control of Farm Unit; nutrient directed to new destination, such as composting or anaerobic digestion; change of >30 nutrient units going to any single destination; new generating facility or storage is planned).
• Similarly, OMAF approval is required for the NMPlan for Cat. III and Cat. IV farm units. Renewal is required every 3 years, or sooner if significant changes occur (>20% increase in nutrient utilized; >20% decrease in crop removal of N or P; >10% decrease in land available for nutrients other than commercial fertilizer).
• For Category I and II farms, provincial approval is not required for the NMStrategy and/or NMPlan. However, these plans must include a signed Certification Form. This is to be signed by the farm operators if they prepare the Plan/Strategy themselves. Alternatively, they may submit their plans to an ‘accredited planner’ (accredited for the purpose of certifying NM Plans/Strategies) for certification, in which case they must also report the certification to OMAF.
• The proposed regulations include extensive procedures to ensure that nutrients identified in NMStrategies and NMPlans are directed and utilized in accordance with the principles of the regulations, and to ensure against non-compliance. This includes linking or cross-referencing to others’ NMStrategies or NMPlans tracking the nutrient ‘flow’ and use.
• Although no specific mention is made of a ‘nutrient management registry’, it is clear that all approved and submitted certified Plans and Strategies will be tracked by the government.
• All manure to be applied to land not owned by the farm operator but included in the farm unit must have a manure application agreement signed by all owners of the land. The agreement includes a declaration that the land will not be utilized by the owner for any application of manure or biosolids from other sources.
• As currently proposed, a nutrient Broker (who does not generate nutrients, but obtains nutrient materials from a generator and transports, stores, mixes or applies these to land) must have signed broker agreement(s) in place with each generator, and have copies of all NMStrategies and NMPlans of farm units that they take nutrients from or use nutrients on.
• Intermediate Handlers (generate a nutrient product with different nutrient characteristics than their incoming supply, i.e., composting, mushroom growers, anaerobic digestion, etc.) must complete their own NMStrategies and link them to suppliers’ NMStrategies.

OCPA’s position on the Phase 1 proposed regulations is outlined in the Newsletter of this issue of Ontario Corn Producer.

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