An improved regulatory framework for the management of non-agricultural source materials (NASM)

This notice was originally posted in the old Environmental Registry under number 010-1436.

Description of regulation

The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve the regulatory framework governing application of non-agricultural source material (NASM) on agricultural land.

Stage one extended phase-in date requirements for small and medium sized sewage treatment plants and other NASM generators to have nutrient management strategies. It also extended the date when small and medium sized livestock farm operations would be required to have nutrient management plans for NASM land application, in cases where an organic soil conditioning site Certificate of Approval is in effect. This stage was completed with the filing of an amending regulation (O.Reg. 474/06) in October 2006, and the Environmental Bill of Rights Registry (EBR) decision posting on November 6th, 2006.

This posting describes the proposed second stage of the regulatory improvements under this initiative.

Currently, in cases where a NASM is also a waste under Part V of the Environmental Protection Act (EPA), there are overlapping approval requirements for NASM under the Nutrient Management Act, 2002 (NMA) and the EPA related to the management, transportation and land application of NASM. Specifically, transportation and land application of NASM requires the certificates and licences under the EPA and NMA.

The goal of the proposed NASM framework is to eliminate the current overlapping approval requirements and develop and revise existing standards for NASM under the NMA to focus on the quality of the materials. Overlapping approval requirements will be minimized or eliminated through a companion regulatory exemption under the EPA.

The proposed framework for the management of NASM focuses on the quality of the material being land applied, building on standards that already exist for NASM in the Nutrient Management Regulation, and expanding the existing framework to include greater detail and a wider range of alternatives for NASM. The framework is proposed to cover all the agricultural land where NASM will be applied in Ontario, as opposed to just those farms that are already required to have a nutrient management strategy.

This proposed framework will introduce the requirement for a field specific nutrient management plan prepared by a certified person when NASM application is going to occur. These field level plans will identify all farm fields that will receive NASM and will provide details on how the NASM is to be applied to optimize the nutrient benefit and minimize adverse environmental impact.

The revised framework creates six (6) categories of NASM. Each category determines the level of approval required for nutrient management strategies and plans for the materials within that category. In addition to the basic categorization, NASM is also sub-categorized based on the concentration of metals, pathogen content and odour annoyance potential. The standards for land application and storage of NASM are based on these metal, pathogen and odour characterizations.

In conjunction with the establishment of the revised NASM framework are exemptions from approval requirements under the EPA for a Waste Management System Certificate of Approval for the broker/hauler of the NASM, and for an organic soil conditioning site Certificate of Approval for a site where the NASM will be land applied. These EPA exemptions will be conditional on meeting the standards set out in O. Reg. 347, General Waste Management, made under the EPA.

It is important to note that this process is only dealing with the application of NASM to agricultural lands. Application of NASM to other types of lands such as golf courses, rehabilitated mines etc. is not part of the proposed NASM framework amendments.

The proposed framework will likely result in extensive amendments to the current Nutrient Management Regulation. Sampling and analysis requirements are based on the categories of NASM set out above.

The proposed framework will also set out revised sampling and analysis requirements for soil of the land receiving the material.

Currently O. Reg. 267/03 requires the person who is required to have a nutrient management plan to sample and analyse both the materials and the soil where the material is to be applied. The proposed framework will require the person who is required to have a nutrient management plan to sample and analyse soil of the land where the material is to be applied and the person required to have a nutrient management strategy to sample and analyse the material.

Purpose of regulation

The Ministry of the Environment and the Ministry of Agriculture, Food and Rural Affairs have undertaken an initiative to improve the regulatory framework governing application of non-agricultural source materials on agricultural land.

The goal of the proposed NASM framework is to minimize or eliminate the current overlapping approval requirements, develop and revise existing standards for NASM under the NMA to focus on the quality of the materials, and expand the existing framework to include all agricultural land where NASM will be applied in Ontario.

The posting of this proposal on the EBR is the first step of a 3 step consultation process. Following this initial posting MOE/OMAFRA will be conducting stakeholder consultation. The third step will be the posting of a draft regulation on the EBR.