Current through Register Vol. 48, No. 38, September 20, 2024
a) Winter Application Prohibition. Surface
land application of livestock waste on frozen, ice-covered, or snow-covered
ground is prohibited except as specified in subsection (a)(1).
1) Despite the winter application prohibition
in subsection (a), surface land application of livestock waste on frozen,
ice-covered, or snow-covered ground is allowed if all of the following
conditions are met:
A) No practical
alternative measures are available to handle the livestock waste within storage
facilities or to dispose of the livestock waste at other sites. Examples of
practical alternative measures may include the transfer of waste to another
waste handling facility or sewage treatment plant, rental or acquisition of a
storage tank, reduction of herd size or depopulation, and protection of the
facility from direct precipitation and clean stormwater runoff;
B) Liquid livestock waste cannot be injected
or incorporated within 24 hours after application due to soil
conditions;
C) Before December 1,
the owner or operator has taken steps to provide 120 days of available capacity
for manure storage areas. Examples of steps that could be taken may include
land application of livestock waste, transfer of waste to another party,
protection of waste storage structures from direct precipitation and stormwater
runoff, and depopulating facilities to reduce the amount of waste
generated;
D) The owner or operator
has complied with subsection (a)(1)(C) and yet the storage volume available on
December 1 of that winter season is less than 120 days of storage;
E) The owner or operator has notified the
Agency in writing on December 1 of that winter season that the CAFO has less
than 120 days of storage available; and
F) The discharge of livestock waste from the
structure to the surface waters is expected to occur due to a shortage in
storage capacity.
2) The
storage volume calculation in subsection (a)(1)(C) must include runoff and
direct precipitation plus the volume of livestock excreta, wash water, and
other process wastewater generated and expected to enter the storage structure
from December 1 to April 1. Runoff volume calculations must meet the following
requirements:
A) Runoff calculations must be
based on the runoff transferred into the storage structure under frozen ground
conditions;
B) Direct precipitation
that will reduce the available storage volume must be based on normal
precipitation for the December 1 to April 1 period for the nearest weather
station and, for facilities exposed to precipitation, the 25-year, 24-hour
storm event volume or the design storm event volume determined under Subpart H
for swine, poultry, and veal large CAFOs that are new sources. Normal
precipitation determinations must be based on National Weather Service or State
Water Survey Records;
BOARD NOTE: The following sources may be used to determine
normal precipitation:
http://www.isws.illinois.edu/atmos/statecli/newnormals/newnormals.htm
or
https://www.ncei.noaa.gov/products/land-based-station/us-climate-normals
C) The owner or operator must keep
a record of the precipitation value used and the source from which the value
was obtained; and
D) Calculations
must allow for a freeboard of two feet.
3) If winter land application is necessary,
it must be conducted under a winter application plan described in subsection
(b) and according to the conditions of subsection (c).
b) Winter Application Plan
To conduct surface land application on frozen, ice-covered,
or snow-covered ground, this subsection (b) must be met.
1) No land application may occur within 1/4
mile of a non-farm residence.
2) No
discharge may occur during the land application of livestock waste.
3) Surface land application on frozen ground
must not occur within 24 hours preceding a precipitation forecast of
0.25 inches or more in a 24-hour
period as measured in liquid form. The CAFO owner or operator must use one of
the following two methods for determining whether these conditions exist and
must maintain a record of the forecast from the source used.
A) A prediction of a 60 percent or greater
chance of 0.25 inches or more of
precipitation in a 24-hour period as measured in liquid form, obtained from the
National Weather Service's Meteorological Development Laboratory, Statistical
Modeling Branch 1325 East West Highway, Silver Spring MD 20910, for the
location nearest to the land application area; or
BOARD NOTE: The prediction in subsection (b)(3)(A) may be
obtained from the National Weather Service at
https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php.
B) A precipitation prediction of
0.25 inches or more in a 24-hour
period as measured in liquid form and identified as higher than QPF category 2
obtained from the National Weather Service Meteorological Development
Laboratory, Statistical Modeling Branch, 1325 East West Highway, Silver Spring
MD 20910, for the land application area location.
BOARD NOTE: The prediction in subsection (b)(3)(B) may be
obtained from the National Weather Service at
https://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml.
4) Surface land
application of livestock waste on ice-covered or snow-covered land must not
occur within 24 hours preceding a precipitation forecast of
0.1 inches or more in a 24-hour
period as measured in liquid form. The CAFO owner or operator must use one of
the two methods provided below for determining whether or not these conditions
exist and must maintain a record of the forecast from the source used.
A) A precipitation prediction of a 60 percent
or greater chance of 0.1 inches or more in a 24-hour
period as measured in liquid form obtained from the National Weather Service's
Meteorological Development Laboratory, Statistical Modeling Branch, 1325 East
West Highway, Silver Spring MD 20910 for the location nearest to the land
application area; or
BOARD NOTE: The prediction in subsection (b)(4)(A) may be
obtained from the National Weather Service at
https://www.wpc.ncep.noaa.gov/pqpf/conus_hpc_pqpf.php.
B) A precipitation prediction of
0.1 inches or more in a 24-hour
period as measured in liquid form and identified as higher than QPF category 1
obtained from the National Weather Service's Meteorological Development
Laboratory, Statistical Modeling Branch, 1325 East West Highway, Silver Spring
MD 20910 for the land application area location.
BOARD NOTE: The prediction in subsection (b)(4)(B) may be
obtained from the National Weather Service at
https://www.wpc.ncep.noaa.gov/qpf/qpf2.shtml.
5) If the land
application of livestock waste is on ice-covered or snow-covered land, surface
land application must not occur when the predicted high temperature exceeds 32
degrees F on the day of land application or on any of the 7 days following land
application as predicted by the National Weather Service's Meteorological
Development Laboratory, Statistical Modeling Branch, 1325 East West Highway,
Silver Spring MD 20910 for the location nearest to the land application area.
The owner or operator must maintain a record of the forecast from the source
used.
BOARD NOTE: The predicted high temperature in subsection
(b)(5) may be obtained from the National Weather Service at
https://www.weather.gov.
6) If the surface land application
of livestock waste is on ice-covered or snow-covered land, the CAFO owner or
operator must visually monitor for runoff from the site. The CAFO owner or
operator daily must monitor each ice-covered or snow-covered field where land
application has been conducted when the ambient temperature is 32 degrees F or
greater following winter land application until all the ice or snow melts from
the land application area.
7) If
the surface land application of livestock waste is on ice-covered or
snow-covered land and a runoff from the land application area occurs, the CAFO
owner or operator must report any discharge of livestock waste within 24 hours
after the discovery of the discharge as follows:
A) The report must be made to the Agency
through the Illinois Emergency Management Agency by calling 1-800-782-7860 or
1-217-782-7860;
B) Within 5 days
after this telephone report, the CAFO owner or operator must file a written
report with the Agency that includes the name and telephone number of the
person filing the report, the discharge location, an estimated quantity of the
discharge, the discharge's time and duration, actions taken in response to the
discharge, and observations on the discharge's condition with regards to
turbidity, color, foaming, floatable solids and other deleterious conditions
for each day of the runoff event until the ice or snow melts off the
site.
c)
Availability of Individual Fields for Winter Application
If livestock waste is to be surface applied on frozen ground,
ice-covered land, or snow-covered land, the land application may only be
conducted on land that meets the following requirements:
1) Adequate erosion and runoff control
practices exist, including vegetative fence rows around the site, contour
farming, terracing, catchment basins, and buffer areas that intercept surface
runoff from the site;
2) A crop
stubble, crop residue, or vegetative buffer of 200 feet exists between the land
application area and surface waters, waterways, open tile line intake
structures, sinkholes, agricultural wellheads, or other conduits to surface
water and the vegetative buffer zone is downgradient of the livestock waste
application area;
3) Application on
land with slopes greater than 5% is prohibited;
4) Application may only occur on sites that
have field-specific soil erosion loss calculated using Revised Universal Soil
Loss Equation less than Erosion Factor T and have a median Bray P1 or Mehlich 3
soil level of phosphorus equal to or less than 300 pounds per acre using
Recommended Chemical Soil Test Procedures for the North Central Region,
incorporated by reference in 35 Ill. Adm. Code
501.200;
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.
5) Surface application may only
occur if the setbacks equal three times the otherwise applicable setbacks by
Sections 502.615 and
502.645 if the slope of the
field is between 2 percent and 5 percent. This setback requirement does not
include the quarter-mile distance from residences contained in Section
502.645(a);
and
6) For fields with slopes of
less than 2 percent, the surface application may only occur if the setbacks
equal two times the otherwise applicable setbacks required by Sections
502.615 and 502.645.This setback
requirement does not include the quarter-mile distance from residences
contained in Section 502.645(a).
