A major clampdown on slurry storage and sweeping changes to the closed periods for fertiliser and slurry spreading are among the wide-ranging proposals included in the latest consultation document on the Nitrates Action Programme (NAP).

Strict new rules proposed for slurry management will require farmers to have all spreading completed by 15 September in 2023.

The closed period will be moved to 30 September in 2022.

In addition, the consultation document proposes that all new slurry stores will have to be covered from 1 January next year, while existing external slurry tanks should be covered by the end of 2027.

The consultation document, which was produced by the Department of Housing, Local Government and Heritage in conjunction with the Department of Agriculture, cites inadequate on-farm slurry storage as one of the primary non-compliances identified through enforcement activity.

It claims that there is a slurry storage deficit on approximately 40% of dairy farms.

Slurry changes

Significant changes to the on-farm slurry management practices are proposed in the NAP consultation document. These include:

  • From 1 January 2022 it shall be a requirement that all slurry must be applied by:
  • 1. 30 September for 2022 for Zones A, B and C,

    2. 15 September for 2023 and subsequent years for Zones A, B and C.

  • From 1 January 2023, farmers stocked at >170kg N/ha must demonstrate clear separation of slurry and clean water management in the farmyard.
  • From 1 January 2022, all newly constructed external slurry stores must be covered.
  • All existing external slurry stores must be covered by 31 December 2027.
  • The document points out that those farmers who wish to apply for a derogation will have to have the legal minimum slurry storage capacity in place.

    Farmers who do not wish to operate in a derogation, or who are at a lower stocking rate, will be required to retain the minimum legal storage capacity. Reduced storage through out-wintering will only be allowed on farms with a stocking rate of less than 100kg N/ha.

    Soiled water

    The addition of soiled water to slurry tanks is identified in the consultation document as a source of serious concern. As a consequence, it is proposed that:

  • Soiled water must be collected and kept separate to slurry on all holdings.
  • From 1 January 1 2022, the spreading of soiled water will be banned between 15 November and 15 January.
  • All holdings producing soiled water must have a minimum of four weeks’ storage in place by 31 December 2024.
  • Moreover, the compulsory usage of Low Emission Slurry Spreading (LESS) technology – which is currently required for farmers operating above 170kg N/ha and derogation farmers – will be extended to all farmers operating above 100kg livestock N/ha from 2023, and for all pig farmers from 2023 onwards.

    In addition, all organic manures applied to arable land will have to be by LESS systems or be incorporated within 12 hours of application.

    Fertiliser register

    As already flagged, a register of chemical fertiliser purchases is to be introduced to more accurately track usage. Fertiliser sales will have to be recorded by merchants against individual farmers’ herd numbers.

    It is anticipated that the process of developing the legislation to provide for the fertiliser register will take in the region of 18 to 24 months, with an expected lead-in time of six months. Control periods for the spreading of chemical fertilisers in counties deemed to be “high risk areas” by the EPA have also been proposed in the consultation document. Current regulations preclude the application of chemical fertilisers from 15 September to 31 January, depending on location. It is proposed to extend these dates as follows:

  • In zone A counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow, fertiliser spreading will be prohibited from 15 September to 31 January.
  • In zone B counties Clare, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Roscommon, Sligo and Westmeath, fertiliser spreading will be prohibited from 15 September to 3 February.
  • In zone C counties Cavan, Donegal, Leitrim and Monaghan, fertiliser spreading will be prohibited from 15 September to 19 February.
  • Maximum nitrogen allowances will also be reduced by 10% nationally and potentially up to 15% in some areas based on the EPA water catchment assessment report.

    Stocking rates

    In terms of stocking rates, the introduction of new excretion rates for dairy cows based on milk yield is proposed. Department figures provisionally estimate that if banded against annual milk yield, dairy cows would produce an organic output per cow as follows:

  • Band 1 <4,500kg – 80kg organic N/ha
  • Band 2 4,501 and 6,500kg, – 92kg organic N/ha
  • Band 3 >6,500kg – 106kg organic N/ha
  • In a further change, the document suggests that only short-term grazing within 30km of the home farm will be considered when calculating stocking rates.

    Currently commonage and rough grazing are permitted for inclusion when calculating the 170kgN/ha allowance for derogations farms. However, it’s proposed to reduce these below 170 to protect these areas further and the whole farm nutrient planning process.

    Tillage

    Tillage farmers will be required to carry out shallow cultivation within seven days of the harvesting of crops to generate green cover. However, there will not be an obligation to plant a cover crop; natural regeneration will suffice.

    There is also the proposal of extra measures for “late-harvested crops”. This would involve putting “appropriate buffers to protect any intersecting water bodies” in place. Crops given as examples of those governed by such a proposal include potatoes, forage maize and late-harvested spring cereals. This would apply “especially (to) those in critical source areas”.

    In addition, changes may be made to additional chemical fertiliser allowances in place for some tillage crops.

    The closed slurry spreading period beginning in mid-September may push tillage farmers away from slurry use, particularly where that slurry needs to be incorporated within 12 hours. Farmers harvesting beans and working with straw will be under severe time pressure and those practising integrated pest management will not be planting winter crops until well into October, meaning extra fieldwork would be required. This may result in the increased use of artificial fertiliser and reduced soil organic matter (and carbon) build up.

    In brief

    Sewage sludge

    The Nitrates Expert Group is to review the risk posed by the use of sewage and other industrial sludge. Sewage sludge is managed by Irish Water and controlled by local authorities. Other industrial sludges (including sludge from the dairy processing industry) are managed through licensing by the EPA.

    Phosphorus build up

    The annual maximum fertilisation rates of phosphorus on grassland adopting increased P build-up application rates will be reviewed. It is proposed to include the measure in the next nitrates programme and extend the facility to farmers operating above 100kg N/ha.

    Enforcement

    There are 2,000 nitrates-related farm inspections carried out annually by the Department and local authorities. Compliance, according to the Department of Housing, “varies from county to county but it is generally considered to be low”.

    To that end, it proposes to reform the enforcement of Good Agricultural Practice for the Protection of Waters (GAP) Regulations, including resourcing of local authorities and targeting of high-risk areas for inspection.

    Have your say

    To get involved in the consultation, you can email wau@housing.gov.ie or mail to Nitrates Consultation, Water Advisory Unit, Department of Housing, Local Government and Heritage, Custom House, Dublin 1. Queries can be sent to the email address above or by telephone on 01-888 2000.