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Phosphorus in the Chesapeake:

An Overview on Nutrient Pollution in the Chesapeake Bay
and Efforts to Limit Phosphorus Runoff in the Watershed

Kathleen Daley
Neil Saunders
1 May 2015

Copyright2015G2Associates,Inc.,GreatFalls,Virginia,AllRightsReserved.
G2Associatesherebyauthorizesyoutocopythisdocumentfornoncommercialuseswithinyour
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VI. Proposed Phosphorus Management Tool

(PMT) Regulations
1.

Introduction
One of the most significant issues in Maryland today concerning the Bay clean-up

is the current state of its proposed phosphorus management regulations. For several years,
Maryland has debated whether to update the Phosphorus Site Index with a new model,
known as the Phosphorus Management Tool (PMT). The PMT, designed by the
University of Maryland, better reflects the most recent scientific research in phosphorus
and more accurately measures phosphorus levels in soil and the risk of phosphorus loss to
nearby surface waters- one of the criticisms of the Phosphorus Site Index (PSI) model
is that, because it is an average of three types of phosphorus measurements, it often
underestimates the risk of phosphorus loss, thereby resulting in over-application of
animal fertilizers. The Phosphorus Management Tool, on the other hand, includes
additional types of phosphorus loss measurements to provide a more accurate
measurement of application needs. By implementing the Phosphorous Management Tool,
Maryland will concurrently implement regulations to restrict the amount of animal
fertilizer used by farmers to prevent over-application of phosphorus. The agricultural
community, who argue that these regulations would be too economically burdensome to
local farmers, has long challenged this proposal. Environmentalists in favor of the
regulations counter that these regulations are vital to reducing phosphorus levels in the
Bay and surrounding tributaries.
2.

State of Marylands Proposed Phosphorus Regulations

Much has occurred recently since work on this paper began. In December 2014,

then-Governor Martin OMalley submitted the new PMT regulations to be published in

the Maryland Register following the release of a ten-year economic study conducted by
Salisbury University to evaluate the costs and benefits of implementation.

Just before a Final Notice of Action was to be published and the regulations
officially implemented, however, newly elected Governor Larry Hogan ordered a halt to
the Department of Agricultures implementation of the new regulations.i
Frustrated by yet another delay in adopting these regulations, Senator Pinsky, who
is also vice-chairman of the Senate Committee on Education, Health, and Environmental
Affairs, sponsored a bill, SB 257, to pass the same Phosphorus Management Tool
regulations as a piece of legislation during the new legislative session. SB 257 aimed to
legislate the Phosphorus Management Tool regulations as they were written when
proposed by OMalley. The difference was merely procedural: instead of an
administrative regulation, they would become a law. Indeed, this became central to the
debate held during the senate committee hearing on February 24, 2015. Although both
sides agreed in principle that the PMT would be better incorporated as a regulation,
which offers greater flexibility to make amendments after implementation begins, than as
a law, proponents of the bill believed there had already been too much delay in adopting
the regulations, and argued that legislation was necessary.
Ostensibly as a direct response to the bill, Governor Hogan released an amended
set of regulations that he proposed in place of the Pinsky-sponsored bill less than twentyfour hours before the senate committee hearing on SB 257, and without consultation with
Senator Pinsky. Although similar, SB 257 and the Hogan-proposed regulations contain
substantial differences. Governor Hogans initial version of the regulations differed from
SB 257 in four ways. One, his version would delay implementation by one year. Thus,
instead of beginning implementation in 2015 and gradually phasing-in the PMT, with full
PMT implementation by 2021, full implementation would not be achieved by 2022. This
move was viewed as necessary to provide farmers with enough time to prepare for
changes to how they apply fertilizers to their farmlands. Second, an immediate ban would
be imposed on those farmlands that contain a Fertility Index Value of 500 or over. The
other tiers in the regulations are 150 or over; between 150 and 300; and between 300 and
450. For reference, scientists consider a healthy Fertility Index Value to be between 50
and 100. Third, the Department of Agriculture will collect soil test phosphorus data every
six years from all farms requiring a nutrient management plan to monitor trends and help
identify potential areas needing additional manure. Finally, and most significantly, this

version contained language that would allow the transition from the Phosphorus Site
Index model to the Phosphorus Management Tool to be delayed if market conditions for
the additional manure were not favorable to farmers. This loophole effectively takes
away the teeth from the regulations.
1

Latest Version of the PMT Regulations

On March 18th, both sides announced a compromise, allowing the Phosphorus

Management Tool to be implemented through a new version of administrative

regulations. The latest version of the regulations, which will be published on April 3rd for
a mandatory review and comment period, tightens language that would allow for delays
in the transition schedule from the Phosphorus Site Index model to the Phosphorus
Management Tool model. These regulations would still permit a delay [i]f the results of
[an evaluation of the marketability of additional animal manure] indicate insufficient
capacity to support the additional volume of animal manure expected to be created when
operations are required to determine phosphorus applications under the Phosphorus
Management Tool.ii Such results would allow a one year delay in implementation.iii In
other words, any potential delay in the transition period would be capped at the year
2023. Barring any setbacks in adoption of the regulations, implementation is set to begin
in June 2015.

Chapter VI Endnotes

Josh Bollinger, PMT Among Regulations Pulled By Hogan, My Eastern Shore MD, January 22,
2015, http://www.myeasternshoremd.com/news/queen_annes_county/article_a4fc5e6d-0c36-5e69-95bb5c010c574225.html.

ii http://mda.maryland.gov/Documents/ProposedPMTRegs4.3.15Register.pdf

iii http://mda.maryland.gov/Documents/ProposedPMTRegs4.3.15Register.pdf

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II

Appendix A Glossary

List of terms, abbreviations

CBW- Chesapeake Bay Watershed
CWA- Clean Water Act
PMT- Phosphorus Management Tool
SAV- Submerged Aquatic Vegetation
TMDL- Total Maximum Daily Loads
WIP- Watershed Implementation Plan
WQS- Water Quality Standards
List of agencies
CBF- Chesapeake Bay Foundation
CBP- Chesapeake Bay Program
EPA- Environmental Protection Agency
GAO- General Accounting Office
USDA- U.S. Department of Agriculture
VIMS- Virginia Institute of Marine Science