INDIANAPOLIS, Ind. — A new proposed rule for manure and other nutrient application to cropland could go into effect in Indiana in 2009 – but that’s an early estimate, according to State Chemist Dr. Robert Waltz.<br>
Waltz described his office’s proposed rule, 355 IAC-7, as more of an educational than punitive measure, designed to help those applying fertilizer to the land to keep it from running off into nearby waterways. He spoke briefly of the measure – which he emphasized is only a proposal at this point – at last week’s Mid-America Ag Show in Indianapolis.<br>
Back in 2000, he said the state chemist and commissioner of agriculture began working on an educational program for disposal of fertilizer waste from animal feeding operations. The program was never developed, however, and his office is now examining the idea of instituting certification for those people spreading organic (such as manure) and inorganic nutrients on 100 or more acres for the purpose of “raising agricultural plants.”<br>
“The initial intent was that the marketplace stay level,” Waltz said – that the state regulate nutrient application and storage, rather than local governments doing so.<br>
State statute gives the state chemist responsibility for adopting rules relating to the use of fertilizer material and distribution and storage of bulk commercial fertilizers. Waltz said his office is working with the Indiana Department of Environmental Management (IDEM), including its Clean Water Act guidelines in 355 IAC-7 so that farmers and commercial applicators who become certified would be following IDEM rules as well.<br>
“The idea is, we put a nutrient on the field, let’s do it right,” he said, adding his office has no governance for this. “Right now, the only game in town is IDEM’s (regulations).”<br>
A measure is making its way through the state’s General Assembly, House Bill 1059, that would establish fees for certification and institute civil penalties for violators; at press time, it is in the House Committee on Ways and Means. Even if it doesn’t pass, Waltz said 355 IAC-7 certification could be instituted as an educational measure to help fertilizer applicators avoid IDEM penalties.<br>
“What we’re seeing today is that agriculture needs certification to validate the practices,” he said, explaining many people are adhering to IDEM guidelines for nutrient application on fields, but agriculture is under increasing pressure to prove to society that it knows how to deal with related environmental concerns. “I’m a strong believer that education is necessary for anyone.”<br>
One aspect he wished to emphasize is if this rule is adopted, it would likely be up to a year before certification would be required and, even then, that would be done over a three-year phase-in process. This is so people can be educated as to what’s expected of them – especially farmers, who would be required to adhere to the rule later on.<br>
The proposal suggests passing an exam to become certified for five years. If the person takes three hours of approved training, their certification may be renewed; if not, they would have to take another exam for renewal. Waltz said his office is also seeking reciprocity with other states.<br>
He said in a commercial application, perhaps only supervisors would require certification, one to every 10 employees actually engaged in fertilizer spreading, as long as those employees received basic training.<br>
Waltz said besides IDEM, his office is working with Purdue University extension for educational materials and he received input on this proposed rule from the Fertilizer Advisory Board and livestock and environmental organizations.<br>
The rule must be reviewed by other state agencies, including the Legislative Services Agency and attorney general, for conflicts.
Once it clears those, Waltz said there will be public meetings and a comment period of 30 days or longer, perhaps in late spring or early summer. The earliest he thought the rule might be adopted is this fall.<br>
“That’s really optimistic at this point,” he said, believing it would probably be later.<br>
Anyone with questions may contact Waltz’s office at 765-494-1492 and speak with him, Fertilizer Administrator Mike Hancock or Engineering Specialist Matt Pearson.