Resource Management Plans: What are they and why do they matter? Virginia Cooperative Extension Winter Conference 2013

RMP Regulations: Background Bill HB1830 “Resource Management Plans” was approved by the Virginia General Assembly on April 6, Purpose: to develop regulations and process by which Virginia farmers could, through the voluntary adoption of a “high level” of agricultural best management practices (BMPs), be deemed to be compliant with both local and Chesapeake Bay TMDL non-point source pollutant load allocations (bacteria, nutrient, and sediment). Ed Scott of Culpeper was “patron.” Agricultural community, generally, supported HB1830. The Virginia Department of Conservation and Recreation (DCR) is the lead agency charged with developing the draft Resource Management Plan (RMP) regulations (4VAC50-70). The Virginia Soil and Water Conservation Board (VSWCB) released the draft RMP regulations on March 29, The public comment period ended September 14, DCR is in the process of drafting responses to the approximately 120 comments received. 2

Background cont… DCR assembled a Regulatory Advisory Panel (RAP) to assist and advise the development of the RMP regulations (4VAC50-70) The RAP was divided into three subcommittees: Assessments, Plan Development, and Compliance RAP membership included: ◦ Representatives from  Consultants  Commodity Groups  Soil and Water Conservation Districts  Nursery/Container industry RAP Staffed by Representatives from ◦ VA Departments of  Environmental Quality  Conservation and Recreation  Forestry  Agriculture and Consumer Services RAP met 10 times between June 2011 and February  Environmentalist Groups  Chesapeake Bay Foundation  Virginia Farm Bureau  Virginia Cooperative Extension  Natural Resources Conservation Service  Virginia Tech 3

What’s in the RMP regulations? Establish qualifications and certification process for RMP developers Specify information/data that must be included in a RMP Detail process by which a Certificate of RMP Implementation is developed, approved, maintained, and revised Define the RMP-related functions for which SWCDs are responsible Describe the advantages of implementing an RMP Though voluntary, RMP regulations provide an incentive to farmers who install all agricultural BMPs required in their RMP in that they will, for the period for which an RMP is active, receive “safe harbor” from future requirements related to the Chesapeake Bay TMDL or any local TMDL. 4

What minimum suite of BMPs are required to obtain a Certificate of RMP Implementation? RMPs require implementation of BMPs sufficient to achieve compliance with the VA Chesapeake Bay TMDL Watershed Implementation Plan (Phase II) and other local TMDLs BMPs required under RMPs are landuse specific BMPs common to all RMPs regardless of landuse (cropland, including specialty crops; hayland; and pasture) ◦ A current Nutrient Management Plan ◦ A Soil Conservation Plan that achieves a maximum soil loss of “T” ◦ 35’ forest or grass buffers Cropland and specialty crop working lands must also implement cover crops Pasture working lands also require livestock exclusion fencing, and provisions for stream crossing and watering systems AFOs and CAFOs fall under separate regulations, not RMPs 5

What type of information about the agricultural operation is needed to develop an RMP? 1. Location of “management unit.” 2. Management unit description – acreage, water features, erosion issues, environmentally sensitive features, agricultural activity. 3. Owner/operator contact information. 4. Access authorization for RMP developer (physical access to property and information access to relevant data/plans). 5. Development of, or copies of, applicable nutrient management and soil conservation plans based on the farming operation. 6. Information on the location and status of all BMPs and other alternative pollution control measures currently implemented on/in the management unit. 6

What information is included in an RMP? Background data/information listed on previous slide A listing all BMPs implemented on/in the management unit An assessment of the adequacy of existing BMPs, and any existing or newly developed nutrient and soil conservation plans A listing of any additional BMPs needed to comply with RMP requirements In the RMP, the owner/operator must affirm in writing that they… 1. are the responsible party 2. shall adhere to the RMP 3. shall allow periodic inspections 4. shall notify the RMP developer of material operational/ownership changes within 60 days 7

Who can develop RMPs? 1. Anyone certified by the NRCS as conservation planner and certified by DCR as a nutrient management planner 2. Anyone certified by DCR nutrient management planner and who also demonstrates, to the satisfaction of DCR, academic proficiency in the following areas… a.Agricultural conservation planning b.Relevant state and federal laws and regulations c.Standards and specifications for ag conservation practices and the ability to plan and implement such practices d.Assessing and using accepted tools /technologies to predict soil erosion e.Fundamentals of water quality, pest management, and fire management f.Other proficiencies identified by DCR or the VSWCB 8

What is the draft RMP review process and who performs the review? SWCDs serve as the primary RMP “review authority” Each SWCD shall establish a Technical Review Committee (TRC). The regulations do not specify who sits on the SWCD TRC. RMPs submitted to a SWCD shall be reviewed within 90 days of receipt. If the RMP (management unit) is located in multiple SWCDs, each SWCD’s TRC will review that portion of the RMP within their boundary. The SWCD with the largest RMP acreage will coordinate RMP review. If RMP is deemed lacking, SWCD returns RMP to the plan developer with deficiencies specified in writing. Revised RMPs resubmitted to the SWCD will be reviewed within 45 days of receipt. 9

How/when is a Certificate of RMP Implementation issued? A request for RMP implementation verification is submitted to the relevant Review Authority. The request must include the approved RMP, permission for an initial on-site verification inspection, and permission for follow-up compliance inspections. Once it is verified that the provisions/elements detailed in the RMP have been implemented, the SWCD Board affirms the verification and submits a request to DCR to issue the Certificate of RMP Implementation. A DCR issued Certificate of RMP Implementation is valid for nine (9) years Length based on 3 nutrient management planning cycles. 10

How is RMP compliance assessed? A key element in each RMP is statement of access granting the review authority periodic access to the management unit any related data/information. The review authority is authorized to conduct inspections no less than once every three years, but no more than annually. 48-hr notice shall be given prior to any inspection. Inspection involves examining the RMP and all associated reports/data, and a confirmation that all BMPs detailed in the RMP have been/are being implemented, operated and maintained in accordance with the RMP. The Review Authority produces a compliance inspection report. If implementation deficiencies are noted, DCR will notify the farmer within 30 days of receiving the inspection report. Within 90 days, the farmer and RMP developer must submit a “corrective action agreement” to DCR. 11

What if deficiencies are found during a compliance inspection? If implementation deficiencies are noted, DCR will notify the owner/operator within 30 days of receiving the inspection report. Within 90 days, the owner/operator and their RMP developer must submit a “Corrective Action Agreement” (CAA) to DCR. The CAA lists the deficiencies and provides an implementation schedule that details when and how the deficiencies will be corrected, and DCR reviews the CAA. If DCR and owner/operator cannot come to an agreement on the terms of a CAA, DCR shall revoke the Certificate of RMP Implementation. If via a subsequent inspection, the Review Authority determines that CAA is not being executed, DCR shall revoke the Certificate of RMP Implementation. 12

Under what circumstances must an RMP be changed/revised? A “material” change in the operation of the management unit, as determined by the RMP developer or review authority ◦ Conversion from one type of agricultural operation to another ◦ A change in the schedule/type of BMPs required under the RMP regulations (4VAC50-70) ◦ A change in the production acreage ◦ A change in the number/type of livestock A change in owner/operator for the management unit covered by the RMP. The new owner/operator may choose to… ◦ Continue with the existing RMP ◦ Revise an existing RMP to reflect changes in the operation/management of the covered management unit ◦ Have DCR revoke the Certificate of RMP Implementation 13

What does “safe harbor” mean for the farmer? Under 4VAC “Revisions to a resource management plan” When an owner/operator holds a valid/current Certificate of RMP Implementation, revision of the RMP is NOT required if a new or modified watershed implementation plan for the Chesapeake Bay TMDL is issued, or a new or modified local TMDL is approved. This “safe harbor” applies for the lifespan of the Certificate of RMP Implementation “so long as the owner/operator is deemed to be fully implementing the RMP.” A DCR issued Certificate of RMP Implementation is valid for nine (9) years 14

Next steps? RMP regs may go before VSWCB in March However, pending DCR and DEQ merger may result in regs being modified. Not sure what happens then. Assume VSWCB approvse regs, could go into effect within 15 days, however, DCR not ready to implement. ◦ Need to update BMP tracking software, ◦ Develop BMP assessment protocols, ◦ Develop workforce, etc. 15

Summary Resource Management Plans (RMPs) designed to encourage a “high level” of adoption of non-regulatory, agricultural nonpoint source pollution control measures (BMPs). Involves whole farm planning/assessment ◦ Nutrient management ◦ Soil Conservation ◦ 35’ Buffers ◦ Other BMPs that vary by land use. SWCDs serve as the primary RMP “review authority” ALL aspects of an RMP must be implemented for the Certificate of RMP Implementation to be issued. An Certificate of RMP Implementation is valid for nine (9) years When an owner/operator holds a valid/current Certificate of RMP Implementation, revision of the RMP is NOT required if a new or modified watershed implementation plan for the Chesapeake Bay TMDL is issued or a new or modified local TMDL is approved. 16

Questions? Brian Benham, BSE Stephanie Martin, VA DCR