As I suspected, the slight bend toward agricultural interests that Governor Hogan made with the revised Phosphorus Management Tool regulations – now re-dubbed the Agriculture Phosphorus Initiative – was met with hostility from the environmental community. On Friday the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation released this joint statement:
We commend the Hogan Administration for taking the problem of phosphorus pollution seriously and are pleased that the Administration embraces the scientific evidence showing we must implement the Phosphorus Management Tool to better manage manure on oversaturated farm fields.
The environmental community was not involved in the drafting of Governor Hogan’s proposed regulations that were released on Tuesday, and we have gone over them carefully since. Unfortunately, the regulations do not provide the adequate protection or assurance we need, and as such, we must oppose them. Our concerns are detailed in the attached analysis.
The regulations include a significant loophole, referred to by the agricultural industry as a “safety net,” that makes it unclear if they would ever result in full implementation of this much-needed tool. We adamantly oppose this lack of a clear, enforceable end date for putting the Phosphorus Management Tool into place.
It is also unclear whether the proposed ban on phosphorus on fields with FIV over 500 would actually reduce the amount of manure being applied to farm fields or protect Maryland water quality. The Maryland Department of Agriculture has been unable to clarify this.
Additionally, the regulations add one more year of delay, and they include troublesome secrecy provisions.
We continue to whole-heartedly support legislation sponsored by Senator Pinsky and Delegate Lafferty (SB 257 / HB 381) to implement the Phosphorus Management Tool with a six-year phase-in. Given the difficulties we’ve had with the regulatory process over the past three years, we prefer having a strong statute in place.
Their statement is an expanded version of a statement I posted on Wednesday from the Maryland Clean Agriculture Coalition. The MCAC is an interesting group in that none of the 21 groups involved has a thing to do with farming; instead many of these are “riverkeeper” groups from around the state. These groups blame farmers for a disproportionate share of the problems with Chesapeake Bay, imagining they are just wantonly dumping manure into streams and creeks.
While the groups have done a comparison sheet (or “detailed analysis”) between the O’Malley and Hogan proposals, their chief complaint can be summed up in this paragraph:
The Hogan PMT provisions for an “evaluation” for assessing manure markets and transportation programs, available land acreage, etc., allow for this “evaluation” to stall movement of PMT implementation for a year while MDA conducts a re-evaluation. The result is the possibility of an endless year by year postponement and re-evaluation possibility. (Emphasis in original.)
The way I read this is that, whether the infrastructure is in place or not – and, to be honest, I’m dubious of whether it can be in place – the CBF wants to move ahead on the PMT issue. Even the large-scale concession of immediately stopping the application of manure to certain fields, which is a provision allegedly affecting 1 of every 5 farmers on the Lower Shore, isn’t satisfying to the environmental coalition. They demand the data on how this would affect farmers, but pooh-pooh the need for data on how these regulations might affect the rural Maryland economy through the actual on-site studies sought by the Hogan administration.
In short, the contempt for the agricultural community by these groups is palpable.
So Larry Hogan tried to walk the middle ground. In backing off his original dead-set opposition to the PMT as “mandating how (farmers) use their property” to implementing a slightly less onerous version he still alienated the environmental community as well as discouraging some of the farmers who will be most adversely affected.
This whole episode will hopefully be a lesson to the new administration: you won’t get the friendship or the votes of those who would just as soon see the Eastern Shore collapse economically thanks to the demise of the agricultural industry regardless of what you do. So stick to those issues you ran on: improving Maryland’s economy and lowering the tax and regulatory burden on its citizens. Remember, no amount of regulation is enough for liberals, so why cater to them in the first place?