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Title 20, Rules Governing the Arkansas Nutrient Management Planner Certification Program And Title 22, Rules Governing the Arkansas Nutrient and Poultry Litter Application and Management Program The Arkansas Natural Resources Commission is revising its Nutrient Management Rules, Title 20 and 22, to accommodate changes to the Arkansas Phosphorus Index. (To view the Revised Arkansas Phosphorus Index, click here.) The Arkansas Phosphorus Index is a risk assessment tool for evaluating phosphorus runoff potential from pastures fertilized with animal manure. The index is used by nutrient management plan writers for determining maximum nutrient application rates.
The index was recently revised, and the Commission is revising its definition of the Arkansas Phosphorus Index in Title 20, Section 2001.3, and in Title 22, Section 2201.4. Stricken language in the Proposed Rule Markups will be deleted and underlined language will be added. This definition was also amended to assure persons with nutrient management plans written under the old Arkansas Phosphorus Index that their plans would still remain valid, and that nutrient application may continue in accordance with these existing plans. Nutrient Management plans must be updated every five years and all updates will be made using the revised Arkansas Phosphorus Index.
Obsolete language in Title 22 dating back to the program’s inception at Sections 2201.1, 2201.3, 2202.3, and 2202.5 was deleted. Most of these sections had specific sunset provisions that deferred compliance or authorized nutrient applicators to take other actions until the program was fully available and fully in place.
Provisions of Title 22 referencing the “Protective Rate” were also amended. The “Protective Rate” defined in Section 2201.4, provided an amount of nutrient from either poultry litter or commercial fertilizer that could be applied to crops in nutrient-limited areas when owners had not yet obtained nutrient management plans for their land. Effective January 1, 2007, the General Assembly mandated that all nutrient applications of poultry litter within nutrient surplus areas be made in accordance with a nutrient management plan, and thereby terminated the availability of the protective rate for litter. Amendments to Sections 2201.4(X), 2202.3, 2202.4, and 2202.5 emphasize that the protective rate may only be used for commercial fertilizers since all litter must be applied in accordance with a nutrient management plan. Tables 1 and 2 in Appendix B, referencing a protective rate for litter, have been deleted and the remaining tables renumbered.
Notice of Rulemaking will be published in the Arkansas Democrat Gazette on October 12, 13, and 14. To see the Notice of Rulemaking, click here. (link to NOTICE OF RULEMAKING) The Commission will hold a public hearing on the proposed rule on October 21, 2009, 1:30 p.m. 101 E. Capitol Ave., Ste. 350, Little Rock, Arkansas, 72201. The Commission will accept written comments on the proposed changes through November 12, 2009 at 4:30 pm. at the same address.
To view the Questionnaires and Financial Impact Statements regarding the rules filed with the Arkansas Legislative Council and the Secretary of State’s office, click here. link to “Title 20 Questionnaire and Financial Impact Statement” and “Title 22 Questionnaire and Financial Impact Statement”.
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