HD20 - Review of Nutrient Management Planning in Virginia


Executive Summary:
House Joint Resolution 72 of the 2004 General Assembly called for the Joint Legislative Audit and Review Commission (JLARC) to study the effectiveness of Virginia’s nutrient management plans (NMPs). NMPs are site-specific documents that serve as planning tools for the efficient use of plant nutrients, such as nitrogen and phosphorus, to best meet plant needs while also minimizing the impact of these nutrients on water quality. Plants and crops need an adequate amount of nutrients to ensure healthy growth. However, an overabundance of nutrients can negatively affect aquatic habitats. The mandate directed JLARC staff to evaluate several areas, such as the current level of participation, compliance, and enforcement of the NMP program, the adequacy of the record-keeping requirements for animal waste transfers, the use and implementation of NMPs by State agencies and also in urban and rural settings, as well as examples of the effective use of NMPs, as applicable.

As of June 2004, nutrient management plans had been developed for approximately eight percent of all cropland and pastureland in the Commonwealth. JLARC staff found these NMPs to be generally well written. However, under the current regulatory structure, the effectiveness of NMPs in reducing nutrient losses may be diminished due to permissible adjustments to the recommended nutrient application amounts.

Several issues related to implementation and enforcement of NMPs that are required under State law are identified in this report. For example, 60 percent of farmers who are required to implement their NMPs indicated on a JLARC staff survey that they always implement the plan; however, only between eight and 14 percent of the surveyed State-certified nutrient management planners suggested likewise. Additionally, the State’s current approach to inspecting permitted agricultural operations and enforcing the conditions in the permits has been weak. Moreover, instances of serious and repeated violations of plan conditions were found in which the Department of Environmental Quality (DEQ) took no enforcement action. DEQ has also not adequately tracked the transfer of poultry waste as required by State law.

Virginia’s attempts at initiating a poultry waste transport program and developing alternative uses for poultry waste have not been overly successful, although some progress has been made. Opportunities also exist to increase the use of nutrient management planning on State-owned or leased land and in urban settings. Three options are presented in the study concerning potential approaches to nutrient management in the State, including increasing the amount of acreage managed by a NMP. These options include: maintaining the status-quo but implementing phosphorus-based planning, increasing the level of mandatory NMP development, and encouraging the voluntary adoption of more NMPs by enhancing or augmenting current incentive programs.