Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart M - LAND TREATMENT
Section 724.376 - Food-Chain Crops
Universal Citation: 35 IL Admin Code ยง 724.376
Current through Register Vol. 48, No. 38, September 20, 2024
The Agency may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this Section. The Agency must specify in the facility permit the specific food-chain crops that may be grown.
a) Food-Chain Crops Grown in the Treatment Zone
1) The owner or operator must demonstrate
that there is no substantial risk to human health caused by the growth of such
crops in or on the treatment zone by demonstrating, prior to the planting of
such crops, that the following is true of hazardous constituents other than
cadmium:
A) They will not be transferred to
the food or feed portions of the crop by plant uptake or direct contact, and
will not otherwise be ingested by food-chain animals (e.g., by grazing);
or
B) They will not occur in
greater concentrations in or on the food or feed portions of crops grown on the
treatment zone than in or on identical portions of the same crops grown on
untreated soils under similar conditions in the same region.
2) The owner or operator must make
the demonstration required under this subsection (a) prior to the planting of
crops at the facility for all constituents identified in Appendix H to 35 Ill.
Adm. Code 721 that are reasonably expected to be in, or derived from, waste
placed in or on the treatment zone.
3) In making a demonstration under this
subsection (a), the owner or operator may use field tests, greenhouse studies,
available data or, in the case of existing units, operating data, and must do
the following:
A) Base the demonstration on
conditions similar to those present in the treatment zone, including soil
characteristics (e.g., pH, cation exchange capacity), specific wastes,
application rates, application methods, and crops to be grown; and
B) Describe the procedures used in conducting
any tests, including the sample selection criteria, sample size, analytical
methods, and statistical procedures.
4) If the owner or operator intends to
conduct field tests or greenhouse studies in order to make the demonstration
required under this subsection (a), it must obtain a permit for conducting such
activities.
b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:
1)
Limited Cadmium Application
A) The pH of the
waste and soil mixture must be 6.5 or greater at the time of each waste
application, except for waste containing cadmium at concentrations of 2 mg/kg
(dry weight) or less;
B) The annual
application of cadmium from waste must not exceed 0.5 kg/ha (0.45 lb/acre) on
land used for production of tobacco, leafy vegetables, or root crops grown for
human consumption. For other food-chain crops, the annual cadmium application
rate must not exceed 0.5 kg/ha (0.45 lb/acre).
C) The cumulative application of cadmium from
waste must not exceed 5 kg/ha if the waste and soil mixture has a pH of less
than 6.5; and
D) If the waste and
soil mixture has a pH of 6.5 or greater or is maintained at a pH of 6.5 or
greater during crop growth, the cumulative application of cadmium from waste
must not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less than 50
milliequivalents per kilogram (50 meq/kg); 10 kg/ha if soil CEC is 50 to 150
meq/kg; and 20 kg/ha if soil CEC is greater than 150 meq/kg; or
2) Limited Future Use of Land and
Crops
A) Animal feed must be the only
food-chain crop produced;
B) The pH
of the waste and soil mixture must be 6.5 or greater at the time of waste
application or at the time the crop is planted, whichever occurs later, and
this pH level must be maintained whenever food-chain crops are grown;
C) There must be an operating plan that
demonstrates how the animal feed will be distributed to preclude ingestion by
humans. The operating plan must describe the measures to be taken to safeguard
against possible health hazards from cadmium entering the food chain, which may
result from alternative land uses; and
D) Future property owners must be notified by
a stipulation in the land record or property deed that states that the property
has received waste at high cadmium application rates and that food-chain crops
must not be grown except in compliance with subsection (b)(2).
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