A Rational Overview and Assessment of The Nutrient Management Regulations
by Chris Attema (Water Quality Specialist, a position shared equally between three livestock organizations: OSMA,
Ontario Pork & Ontario Cattlemen’s Association)

Over the past number of months the Ontario Sheep Marketing Agency (OSMA) and the Ontario Cattlemen’s Association (OCA) have been very active in reviewing, evaluating, and recommending improvements to the Nutrient Management Regulations.

The OSMA and OCA have long recognized the need for consistent, practical and affordable nutrient management regulations. We have also been very clear, consistent and transparent in how we have positioned ourselves on this issue. Our support for Nutrient Management regulations is based upon adherence with the following three key principles, as follows:

• Need. The standards and regulations for nutrient management must be supported by proven science and research or the need for consistent standards across the province.

• Affordable. Prior to implementation, all proposed regulations and standards must undergo an environmental and economic impact assessment. The regulations must be agronomically, environmentally and economically sustainable. Our acceptance of inappropriate long-term regulatory standards will not be based on the availability of short-term financial assistance programs.

• Practical. The regulations must be based on a thorough assessment of the relative cost and benefit of the proposed regulatory standard. Regulations and standards must focus on rational risk management principles that enable our producers to remain competitive in a global marketplace for the long-term.

The Draft Nutrient Management Regulations introduced in December 2002 was not, based on our analysis, consistent with these principles. In a coordinated effort with other members of the Ontario Farm Environmental Coalition (OFEC) we lobbied for change and recommended several improvements, and on March 21, 2003 a ‘new direction’ for Nutrient Management was announced.

In essence, the ‘new direction’ for Nutrient Management effectively cuts the Draft Regulations proposed in December 2002 into four distinct sections. Concepts from the December 2002 regulations were retained, amended, delayed or referred to an Advisory Committee. The following is a brief overview and a snapshot analysis and summary of the pros and cons of each of these categories.

Retained. Most of the retained regulations meet the needed, affordable (provided there is adequate provincial cost sharing assistance) and practical criteria. The following key aspects have been retained.

• The ‘nutrient unit’ concept
• Short form nutrient management plans for solid manure operations of less than 150 ‘nutrient units’ (less than 1200 ewes, 300 cow-calf pairs or 900-beef feeders ranging from 575 – 1250 lbs)
• Different classifications for grazing vs. low density seasonal vs. high density seasonal vs. permanent low or high-density operations. More restrictive site characteristics such as depth to bedrock and storm water runoff standards will apply if there are a large number of animals confined in an area for a long period of time. The precise technical standards for high-density permanent operations are now in the regulations. Standards for less intense operations have been referred to the Advisory Committee.
• Solid manure storage options and standards based on 3-walls (75% of the perimeter of the manure stack) and a ‘flow-path’ to surface water standard.

Amended. Most of the amendments meet the needed, practical and affordable criteria. The key amendments include the following.

• No phase-in of regulatory standards without funding. No details on proposed funding programs are available so we will withhold our analysis on this aspect.
• The scoring system for temporary in-field manure storages is much more sensible and practical than the maximum 60-days as proposed in the December Draft Regulations. Based on site conditions, producers will be able to store solid manure in temporary field piles for between 0 – 300 days.
• Provision for feedlot snow land application under specific conditions.
• Winter spreading standards. The winter spreading standards from December 1 to March 31 remain restrictive, but there is now some flexibility based on weather and site assessment criteria.
• The December Draft Regulations required immediate phase-in of some of the land application standards. This has been amended to be consistent with the phase-in for the rest of the farm operation.
• Provisions for no-till producers, with the recognition that some of the manure incorporation standards do not apply to fields that are designated as no-till fields.