Fertilizer surcharge to fund bay cleanup

Annapolis, Md.-Legislative approval is expected for applying a surcharge of $2 per ton for specialty fertilizer distributed in the state to be allocated to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund, according to the Maryland Department of Agriculture. MDA expects the bill to pass; however, the General Assembly does not end its session until the end of April. The target date for implementation is July 1, making Maryland the third state to adopt measures to reduce the impact of fertilizers on water quality. Minnesota prohibits the use of phosphorous lawn fertilizers except on newly established turf or where the need is shown in soil testing. Effective July 1, Florida will limit fertilizer products labeled for specified uses of “low phosphate” or “no phosphate” fertilizers, and will require labels pertaining to application rates. A 2007 report by the Minnesota Dept. of Agriculture estimated that in 2006 the use of lawn fertilizers containing phosphorous had decreased by 48 percent since the law took effect. The Maryland legislation (House Bill 136, sponsored by Delegate Joseline Pena-Melnyk) resulted from a 2006 memorandum of understanding signed by the Chesapeake Executive Council with members of the lawn care product manufacturing industry. The memorandum includes a commitment to achieve a 50 percent reduction from 2006 levels of phosphorous applied from lawn care products in the Chesapeake Bay. The memorandum extends beyond Maryland since governors of Pennsylvania and Virginia, the mayor of the District of Columbia, the EPA administrator, the head of the Chesapeake Bay Commission, and representatives from Delaware and West Virginia are council members. DuPont explained that specialty fertilizer is defined in Maryland law as “commercial fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries, and may include commercial fertilizers used for any research or experimental purposes.” She said some of the Chesapeake 2009 and 2010 trust funds could be used for cover crops that have been demonstrated as effective in reducing fertilizer runoff. According to the Maryland Farm Bureau, nearly 500,000 acres of farmland were enrolled for 2008 planting with environmentally protective crops such as wheat, barley, oats, and rye after corn and soybean crops are harvested. To qualify, farmers must plant by early November to make sure the plants are growing and using any excess nutrients left in the soil after the fall crop is harvested. DuPont noted that there are other uses for the trust fund, and an awarding process for 2010 is just beginning.