Current through Register Vol. 48, No. 38, September 20, 2024
a)
Field Assessment. An individual field assessment of the potential for nitrogen
and phosphorus transport from the field to surface waters must be conducted and
the results contained in the nutrient management plan. The following factors
must be identified for each field to determine nitrogen and phosphorus
transport potential to the waters of the United States.
1) Soil type;
2) Slope;
3) Conservation practices;
4) Soil erodibility or potential for soil
erosion;
5) Soil test
phosphorus;
6) Tile inlet
locations;
7) Distance to surface
waters;
8) Proximity to
wells;
9) Location of conduits to
surface water, including preferential flow paths; and
10) Subsurface drainage tiles.
b) The applicant must use the
field assessment information obtained in subsection (a) to determine the
appropriate phosphorus-based or nitrogen-based application rate for each
assessed field. The determination must comply with subsection (c) or (d) and
Sections 502.620,
502.625,
502.630, and
502.635.
c) Nitrogen-based application of livestock
waste must comply with the following requirements:
1) livestock waste application must comply
with the setback requirements in Section
502.645;
2) available soil phosphorus (median Bray P1
or Mehlich 3 using Recommended Chemical Soil Test Procedures for the North
Central Region, incorporated by reference in 35 Ill. Adm. Code
501.200) is equal to or less
than 300 pounds per acre;
3) the
soil loss calculated using the Revised Universal Soil Loss Equation 2 (RUSLE2)
is less than the Erosion Factor T;
BOARD NOTE: Soil loss may be calculated using the Revised
Universal Soil Loss Equation 2 (RUSLE2) software program available at
http://fargo.nserl.purdue.edu/rusle2_dataweb/RUSLE2_Index.htm.
Additional information may be obtained from the United States Department of
Agriculture, Agricultural Research Service, 1400 Independence Avenue, S.W.,
Washington DC 20250, (202) 720-3656. Erosion Factor T for Illinois soils is
available from the United States Department of Agriculture, Natural Resources
Conservation Service, Illinois Office, 2118 W. Park Court, Champaign IL 61821,
(217) 353-6600. The published soil surveys for Illinois are available at
http://www.nrcs.usda.gov.
4) if conduits on the field are
less than 400 feet from surface waters, the setback requirements in Section
502.645(b)(2)
do not apply. Instead, the following setbacks apply:
A) Livestock waste application must be
conducted no closer than:
i) 150 feet from a
tile inlet, agricultural well head, sinkhole, or edge of a ditch that has no
vegetative buffer; or
ii) 50 feet
from a tile inlet, agricultural well head, sinkhole, or edge of a ditch that
has a 50-foot vegetative buffer or 50 feet from the center of a grass
waterway;
B) These
setbacks do not apply if the CAFO demonstrates to the Agency that a setback or
buffer is not necessary because implementing alternative conservation practices
(including injection and incorporation) or field-specific conditions will
provide pollutant reductions equivalent to or better than the reductions that
would be achieved by the 150-foot setback under subsection (c)(4)(A)(i) or the
50-foot setback under subsection (c)(4)(A)(ii);
5) if conduits on the field are more than 400
feet from surface waters, the setback requirements in subsection (c)(4) do not
apply;
6) where surface waters are
on the assessed field or within 200 feet of the field, the livestock waste
applied to the field must be injected or incorporated within 24 hours after the
application or equivalent conservation practices must be installed and
maintained on the field under USDA-NRCS practice standards; and
7) if nitrogen-based application cannot be
conducted under this subsection (c), then phosphorus-based application must be
conducted as specified in subsection (d).
d) Phosphorus-based application of livestock
waste must comply with the following requirements:
1) livestock waste application must comply
with the setback requirements in Section 502.645;
2) the livestock waste application rate must
not exceed the annual agronomic nitrogen demand of the next crop grown as
provided in Section 502.625(a);
3) if the soil contains greater than 50
pounds of available soil phosphorus per acre (median Bray P1 or Mehlich 3 in
accordance with Recommended Chemical Soil Test Procedures for the North Central
Region, incorporated by reference in 35 Ill. Adm. Code 501.200),
phosphorus-based application rates must maintain or lower the soil test
phosphorus during the nutrient management plan period;
4) if the soil contains greater than 300
pounds of available soil phosphorus per acre (median Bray P1 or Mehlich 3 in
accordance with Recommended Chemical Soil Test Procedures for the North Central
Region, incorporated by reference in 35 Ill. Adm. Code 501.200), the amount of
phosphorus applied in the livestock waste must not exceed the amount of
phosphorus next year's crop grown and harvested removes; and
5) livestock waste must not be applied to
fields with available soil phosphorus (median Bray P1 or Mehlich 3 in
accordance with Recommended Chemical Soil Test Procedures for the North Central
Region, incorporated by reference in 35 Ill. Adm. Code 501.200) greater than
400 pounds per acre.
