Bill would restrict use of phosphorus

AUGUSTA – Lawmakers heard testimony Tuesday on a bill that aims to protect water quality in Maine’s lakes by restricting household use of fertilizers containing phosphorus.

The bill, LD 587, would ban the sale or use of phosphorus-containing fertilizer for most household purposes beginning Jan. 1.

The ban would not apply to agricultural operations, flower or vegetable gardening, establishment of a new lawn or turf or composting. Homeowners also could use fertilizers containing phosphorus if a soil test by an accredited laboratory demonstrates a need.

Phosphorus runoff from lawns, golf courses and farm fields increases nutrient levels in lakes, ponds and rivers, giving rise to algae blooms. In addition to affecting water clarity and other aesthetics, algae blooms can reduce oxygen levels and harm fish populations, bill supporters told the Natural Resources Committee on Tuesday.

Bill sponsor Rep. Jane Eberle, a South Portland Democrat, said she introduced the bill at the request of the Maine Congress of Lake Associations, a nonprofit group of lake associations and individuals committed to lake protection.

As a member of the Belgrade Lakes Association, Eberle said she and her colleagues have spent a lot of time and money attempting to educate the public about water quality problems tied to phosphorus and the availability of phosphorus-free fertilizers.

But they continue to lose ground in the battle against phosphorus pollution, Eberle said. The new ban and education program would take the effort to the next level, she said.

“Spending money on prevention is always the best investment,” Eberle said in an interview afterward.

The Maine Department of Environmental Protection, the Maine Water Utilities Association, the Bangor Area Storm Water Group and numerous other organizations supported LD 587.

Representatives of several lawn care and retail organizations said they supported a shift away from phosphorus-containing fertilizers for most homeowners and often advise many buyers to use phosphorus-free fertilizers. But they suggested that the bill may go too far and could harm their industry.

John Worthley, with Sports Fields Inc. of Monmouth, said his company offers more than 20 phosphorus-free fertilizers to clients. But there are times, especially in turf management, when phosphorus is needed to keep turf healthy.

To ban fertilizers containing phosphorus “would cause undue and unjust harm … to those who use it responsibly,” Worthley told the committee.

Eberle said afterward that she is confident that the two sides can compromise on the bill.