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Mass. Dept. of Agricultural Resources Nutrient Regulations - Impacts on OrganicsNed Beecher • North East Biosolids & Residuals Assoc. (NEBRA)

March 29, 2016

MassRecycle R3 Conference • Quincy, MA

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MassDEP regulations for organics

MassDEP regulations for organics Commercial Food Waste Disposal Ban – 310 CMR 19.00 Site Assignment Regulations - 310 CMR 16.00

General Permit (smaller facilities) Recycling, Composting, or Conversion Permit Site Assignment

Beneficial Use Determination (BUD) Biosolids (“sludge”) Regulations - 310 CMR 32.00

Significant: Co-processing of organics is supported.

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MDAR Plant Nutrient Management

Chapter 262, laws of 2012 (hTps://malegislature.gov/

Laws/SessionLaws/Acts/2012/Chapter262) 330 CMR 31.00

2 Fact Sheets Turf & Lawns Agriculture

UMass Amherst Extension Guidelines

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330 CMR 31.00 - Purpose“330 CMR 31.00 establishes limitations on the application of plant nutrients to lawns and non-agricultural turf to prevent these non-point source pollutants from entering the surface and groundwater resources of the Commonwealth of Massachusetts.

These state-wide limitations on plant nutrient applications will enhance the ability of municipalities to maximize the credits provided in the National Pollution Discharge Elimination System permits issued by the United States Environmental Protection Agency.

330 CMR 31.00 further ensure that plant nutrients are applied to agricultural land in an effective manner to provide sufficient nutrients for plant growth while minimizing the impacts of the nutrients on water resources in order to protect human health and the environment.”

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Requirements for Agriculture In effect as of December 5, 2015

Any application of “Plant Nutrients” to “Agricultural Land” must be in accordance with UMass Extension Guidelines:

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Requirements for Agriculture (2) Additional sensible restrictions:

Also can’t apply to surface waters, where flooding is expected, and on frozen or snow-covered ground.

Setbacks from wells & waters are stipulated Seasonal restriction: Dec. 16 – March 1 limits on manure &

process water applications; Fall limitations too Requirements for temporary field stacking of manures Nutrient Management Plan required for application of plant

nutrients to 10+ acres of agricultural land If soil test P is high, above optimum, of excessive, must follow

UMass Extension guidelines for high-P soils; likely can’t apply P.

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Requirements for non-agricultural lands In effect as of June 5, 2015

Soil test required for application of “Phosphorus Containing Fertilizer” on “Lawn or Non-agricultural Turf,” except for renovation or establishment of new lawn

Keep off impervious surfaces

Record-keeping for commercial appliers

Signage where P Containing Fertilizers are sold.

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Where do organic residuals fit in?There are three definitions, all or some of which might apply: “Plant Nutrient: a substance that contains one or more of the Primary Nutrients of nitrogen,

phosphorus, potassium, or any recognized Plant Nutrient, including Animal Manures, Fertilizer, Organic Compost as Fertilizer, Natural Organic Fertilizer, Agricultural Byproducts, Digestate, Biosolids or combinations thereof.” (Note the circular reference!) “Plant Nutrient” is used in the AGRICULTURE section of the rule and regarding no-winter application on turf or application to impervious surfaces and in record-keeping for turf applications.

“Phosphorus Containing Fertilizer - fertilizer labeled for use on lawn or non-agricultural turf in which the available phosphate content is greater than 0.67% by weight, excluding Organic Compost and Natural Organic Fertilizer.” “Phosphorus Containing Fertilizer” is used only in the turf & lawn parts of the regulation.

“Natural Organic Fertilizer - a fertilizer product that is derived from either a plant or animal product containing one or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of those conditions. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from the material's initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting.”

Sounds like biosolids might be excluded as “natural organic fertilizer,” right?

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Where do organic residuals fit in? Sounds like biosolids might be excluded, right?

But then there’s 31.05(5): “In determining the amount of nitrogen and phosphorus that may be applied, the amount of these Plant Nutrients known to have been applied in any Organic Compost, Natural Organic Fertilizer, Biosolids, Agricultural Byproducts or other nutrient containing materials shall be accounted for. Application of phosphorus from these materials shall not exceed the maintenance phosphorus rates for turf as specified in UMass Guidelines for turf.

So biosolids & other organic residuals are not exempt.

(And note that here, the term “Plant Nutrients” is referring to actual plant nutrients (e.g. N, P), not “substances” that contain plant nutrients, as in the formal definition!)

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Confusions (1) To what areas of land do the regulations apply?

The title of Sec. 31.05 and the non-agricultural turf & lawn fact sheet imply all non-agricultural lands. When combined with the part of the regulation addressing agricultural lands, this suggests every bit of land in the state is covered!

MDAR’s intent, based on a December meeting, is that it applies to agricultural land and non-agricultural lawns & turf. It does not apply to home gardens, non-agricultural vegetables or trees, and other landscapes that are not grass or turf (or ag).

However, Sec. 31.06 is titled “Soil Testing for Land Not Used for Agricultural Purposes” – and nowhere in that section does it specify it applies only to lawn and non-ag turf! And “a soil test must be obtained prior to any initial application of phosphorus.” (Not specifying what kind of phosphorus!)*

*MDAR 2/22/16: this will be clarified in amended regulations

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Confusions (2) To what materials (e.g. residuals) does the regulation apply?

Initially, MassDEP and MWRA (Boston biosolids fertilizer producer) understood that this regulation would not apply to biosolids. This is incorrect.

Applies to any material that contains plant nutrients, including: Composts, Digestates from anaerobic digestion, Biosolids from wastewater treatment (or co-digestion), Mulches, and Fertilizers.

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Confusions (3) What plant nutrients are covered?

The language suggests that any plant nutrient (e.g. including sulfur, magnesium, calcium, etc.) must be applied in accordance with the regulation and Extension guidelines.*

Nutrient application rates & recommendations are provided by UMass Amherst Extension.

Applies to any material that contains plant nutrients, including: Composts, Digestates from anaerobic digestion, Biosolids from wastewater treatment (or co-digestion), Mulches, and Fertilizers.

*MDAR 2/22/16: “It will be made clear that regulations address only N, P, and K”

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Confusions (4) Nutrient Management recommendations are provided by

UMass Amherst Extension But Extension provides guidelines mostly for commercial,

chemical fertilizers. Scant & conflicting guidance for organic residuals; for example:

An Extension compost analysis & interpretation fact sheet (http://ag.umass.edu/fact-sheets/compost-analysis-interpretation) indicates 20% of P2O5 is available the first season.

A soil test lab fact sheet “Interpreting Your Compost Test Results” (SPTTL_8) says: “It has been estimated that 50% of P, Ca and Mg, and 85% of K are available the first season of application.”

Also, the compost analysis fact sheet does not help you calculate how much compost to apply to avoid over-application of P – which would be useful to meet the new regulation, but calculates how much P you applied based on how much compost you applied.

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Confusions (5) A major challenge is poor writing…

Circular definition: “Plant Nutrient - a substance that contains one or more of the Primary Nutrients of nitrogen, phosphorus, potassium, or any recognized Plant Nutrient, including Animal Manures, Fertilizer, Organic Compost as Fertilizer, Natural Organic Fertilizer, Agricultural Byproducts, Digestate, Biosolids or combinations thereof.”*

Misunderstanding of the implications of the word “including:” “Primary Nutrient - an element that is essential for normal plant

growth and that includes total nitrogen (N), phosphorus (P), and potassium (K).” This implies that there are far more “primary nutrients,” which suggests that the regulation applies to, for example magnesium and calcium too. Should be simply: “Primary Nutrients refers to nitrogen (N), phosphorus (P), and potassium (K).”

*MDAR 2/22/16: “It will be made clear that regulations address only N, P, and K”

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Confusions (6) Some references just can’t be found: “Massachusetts NRCS

Phosphorus Runoff Index or P Runoff Index”

Descriptive section titles are inaccurate (MDAR staff just said they should be ignored.): “31.05: Requirements for the Application of Nutrients to Land

Not Used for Agricultural Purposes” This sounds like ALL land that is not in agriculture. Which means the

regulation applies to all land in the state (because the other major part of the regulation covers agricultural land). But ignore the title.

“31.06: Soil Testing for Land Not Used for Agricultural Purposes”

The details of these sections are about lawn & non-ag turf, and those should be part of the section titles. MDAR’s intent is for these parts to apply only to lawn & turf.

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No negative criticism intended…

P dynamics in soils & organic residuals are COMPLICATED!

MDAR was up against a legislated short time frame & deadline to create the regulations. The Legislature mandated parts of the regulations (e.g. obtuse definitions)

UMass Extension was required to be involved, but they have limited staff time & resources to further development guidelines and address the needs of the new regulations.

We are working with MDAR and, especially, Extension to improve guidelines for organic residuals.

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Where are the issues likely to be? Agricultural lands – dairy farms & organic farms where

manures & composts have been used will show high soil P

Non-agricultural turf & lawn MDAR’s intent, based on December meeting: Regulation

applies to agricultural land and non-agricultural lawns & turf only.

It does not apply to home gardens, non-agricultural vegetables or trees, and other landscapes that are not grass or turf.

Many lawns are high in P and do not show need for P; compost topdressing would not be allowed.

P can be applied for lawn repair or seeding.

Data is needed on how widespread & where high soil P exists.

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Example: What CT soil tests show

At an Extension workshop in August 2015, Professor Tom Morris, UConn, noted that soils high in P tend to be in these situations: home flower gardens & vegetable gardens, small vegetable farms (especially organic farms), dairy farms > some lawns > other agricultural soils > golf courses

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Example: What ME soil tests show

For all samples from 2014, the soil P test levels were: 32% = above optimum 63% = optimum or above optimum

For organic gardens & crops*: 45% = above optimum 68% = optimum or above optimum

For “chemical fertilizer” home gardens*: 46% = above optimum 72% = optimum or above optimum

For lawn & turf*: 44% = above optimum 58% = optimum or above optimum

* ~2/3 of these markets for organic residuals could be off-limits if the MDAR regulation was enforced as it is now written.

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Current UMass Extension Guidelines

From UMass Extension, 2016: Compost Analysis & Interpretation: https://ag.umass.edu/sites/ag.umass.edu/files/fact-sheets/pdf/compost_analysis_and_interpretation_with_test.pdf

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What’s needed… Increasing our understanding (especially with UMass Extension &

MDAR) of science-based practices for P management: Testing organic soil amendments (e.g. composts, digestates) for P. What

extraction method(s) are best for evaluating environmental risk? Interpreting these results and reporting them in proper units for use in developing recommendations (e.g. Total P vs. P2O5)

Testing soils with the same concerns in mind. What forms of P are of environmental concern? What does “available” mean? Use Water Extractable P test instead of Modified Morgan ag test* Use P Saturation Index (or similar measures) – the amount of P relative to the

amounts of aluminum (Al), iron (Fe), etc. In ag settings, use improved P Site Index with source coefficients*

Technical P workshop likely to be offered in Fall 2016.

*MDAR 2/22/16: “WEP test could provide useful information IN ADDITION to the Modified Morgan soil test”“MA-NRCS indicated that this may be considered with an update of the MA P Site Index”

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Updates from MDAR meeting Friday, 3/25

Regulation will be amended soon, in formal process:

Clarifying adjustments to section titles & definitions; added some additional definitions (“heavy rain,” “frequently flooded”)

Plant nutrients = just N, P, & K

May clarify what form of P is relevant (e.g. water extractable)

For agricultural uses: removing spreading limitation dates; will be based on field conditions

Extension guidelines’ limitations re organics remains an issue.

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Role of Phosphorus in Plant Nutrition

Primary function energy transport – ATP

Essential for seed production, root growth, stalk strength and early maturity

One of three primary macro-nutrients The “P” in N-P-K

Taken up by crops at a rate of 20-50#/acre per year

Slide courtesy of Northern Tilth.

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Phosphorus: Landscape view

In: Sharpley et al., 1999; ARS-149

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Soil Phosphorus

solutionlabile

stable

From Craig Cogger, WSU, then brazenly adulterated by Northern Tilth

Often complexed with aluminum, iron and/or calcium

Environmentally significant

Plant-Available

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P2O5 Removal by crop~45 lb/A

P2O5 Loadings When Materials Are Used to Satisfy Crop Nitrogen Needs

Crop = 125 bu/A corn for grain with net PAN need of 84 lbs./acre

Slide courtesy of Dr. Herschel Elliott, Penn State Univ.

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Source P Solubility

Brandt et al., 2004

Slide courtesy of Dr. Herschel Elliott, Penn State Univ.

MDAR 2/23/16:What about differences in

plant available P between

these materials?

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P Runoff Comparison: Manure vs Biosolids

Slide courtesy of Dr. Herschel Elliott, Penn State Univ.

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0

20

40

60

80

100

120

140

HV1 - 0 HV1 - 60 HV1 - 120 HV1 - 240

Avai

labl

e So

il P

(mg/

kg)

Available soil phosphorous - by modified Morgan extraction

Use of hydrosolids (water treatment residuals) To reduce P availability in soils

Slide courtesy of Northern Tilth.

nebiosolids.orgSlide courtesy of G. A. O’Connor, Univ. of FL, 2013

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“Biosolids-Unfriendly” P Indices: Treat all P sources the same relative to

potential P loss via runoff and leaching (no P Source Coefficients)

Include Soil Test P levels based on agronomic, rather than environmental, impacts.

Do not give credit for mandated setbacks at biosolids application sites.

Assume biosolids P has 100% P fertilizer replacement value.

Slide courtesy of George O’Connor, PhD, Univ. of FL.

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It’s critical to not have this regulation restrict organics

recyclingMDAR, 2/23/16: “With respect to the recycling of

organic residuals, the question is to what extent

soils can be loaded with phosphorus (beyond

agronomic needs) without environmental impacts.”

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Numerous studies demonstrate the benefits derived from adding organic matter, such as biosolids, to soils: higher carbon content (carbon sequestration), increased microbial activity, increased water-holding capacity, and lower bulk density (which means easer tillage & handling).

Organic matter improves soil quality.

– Dr. Sally Brown, Univ. of WA, 2011 research

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Organic Matter & P AvailabilityComposts and other amendments that boost soil organic matter (SOM) tend to reduce environmentally-relevant P. And they provide numerous other benefits, including more robust plant growth that reduces erosion (which can carry particular P to surface waters).

“There was no evidence that P solubility was enhanced in soils with higher levels of organic matter; in fact, soils with higher levels of organic matter tended to have less P in solution at all levels of soil test P than soils with lower levels of organic matter. Higher SOM levels were associated with higher levels of oxalate-extractable Fe and Al and, therefore, higher P sorption capacities and lower DPS values.” ” - Ohno et al., 2006

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Peak Phosphorus ?•90 year supply of economically recoverable phosphorus at current rate of use •Population pressures will likely increase demand•Geopolitical concentration of phosphate rock deposits•Possibility of increased environmental risks with untapped deposits

Slide courtesy of Northern Tilth.

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What NEBRA Does For YouTours, workshops, conferences, outreach to advance best practices & understanding to advance the recycling of biosolids & other organic residuals in New England & eastern Canada.

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What NEBRA Does For You

NEBRAMail – free email newsletter; sign up at nebiosolids.orgOn Twitter: @nebiosolids

Tracking & sharing research, news, legislation, & regulation

We depend on members. Join.

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My garden: biosolids compost

April 2012

May 2, 2013

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http://www.endless-films.com/site/?portfolio=biosolids

Resources: see this video from Ontario

Lots more resources at nebiosolids.org

(see “About Biosolids” and “Resources”

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Ned Beecher

ned.beecher@nebiosolids.org

603-323-7654

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