Current through Vol. 41, No. 13, March 15, 2024
(a) This program
covers the storage of dry, liquid, and anhydrous ammonia fertilizer, and the
investigation of fertilizer spills and misapplication of fertilizers.
(b) Compliance with antidegradation
requirements and protection of beneficial uses.
(1) Beneficial uses that could be impaired by
improper handling and application of fertilizers include Fish and Wildlife
Propagation, Private and Public Water Supply, Recreation, Aesthetics, and
Agriculture. The potential for fertilizers to enter ground water and surface
water exist and is supported by the fact that several water bodies are
classified as impaired by fertilizers on the current 303(d) list.
(2) ODAFF licenses all commercial fertilizer
facilities and registers all fertilizer products. This permit requires the
approval of the fertilizer storage facility prior to being licensed. When
spills or other environmental problems are found resulting from current or
historic practices, the goal of ODAFF is to prevent impairment of the surface
water and groundwaters of the state. This includes preventing significant risk
to humans, livestock, or ecological receptors from inhalation of fumes, direct
contact, or ingestion.
(3) Recent
spills and newly located polluted sites are remediated by the responsible
party.
(c) Application
of USAP - The Oklahoma Fertilizer Law describes requirements for fertilizer
storage and the approval procedure for liquid fertilizer storage containment.
USAP will be utilized to aid in determining beneficial use impairment caused by
spills.
(d) Description of programs
affecting water quality.
(1) None of the
programs and regulatory activities of the fertilizer section allow for the
degradation of surface or groundwater by fertilizer use. Many of the activities
of the Fertilizer Section are geared toward maintaining water quality
standards.
(2) Specific fertilizer
programs include:
(A) The licensing of
companies to sell or apply fertilizer;
(B) Registration of all fertilizer
products;
(C) Approval of dry and
liquid fertilizer storage facilities;
(D) Require the use of approved backflow
prevention devices or methods on chemigation wells;
(E) Require labeling to recommended use rates
of the products;
(F) Investigation
of fertilizer spills and misuse;
(G) Inspection of fertilizer storage
facilities to reduce the risk of surface water and ground water
contamination;
(H) Monitoring the
irrigation tailwater return flow on several large container nurseries on the
Illinois River in Cherokee County;
(I) Water monitoring around fertilizer
spills, and
(J) Specific warning
statements on labels of certain fertilizers.
(3) Agricultural return flows have the
potential to impair beneficial uses through the addition of excessive nutrient
loads to receiving streams. Controlling nutrient loading to receiving streams
due to irrigation is an activity within the agricultural crop production
jurisdictional area of environmental responsibility. When Oklahoma has
developed numerical nutrient criteria the WQSIP will be revised to consider
this area. Due to the new criteria for Phosphorus of 0.037 mg/l for protection
of the Aesthetic use of scenic rivers, control measures will be implemented on
return flows from nurseries located in the Upper Illinois River with a goal of
meeting the compliance deadline of June 30, 2012 for in-stream
phosphorus.
(e)
Technical information and procedures for implementation - The protection of
surface water and groundwater is an integral part of the fertilizer licensing
process. All complaints are given a case number, an inspector to investigate
and a program manager to review the investigation. Many cases will require a
sample to be taken. The Fertilizer section of the Inspectors Manual will covers
the procedures for taking, sealing and shipping samples to the lab. All sample
results are kept with each case. Notice of violations, stop work orders,
informal or formal hearings, cleanup orders, and fines are some of the
enforcement actions ODAFF can use.
(f) Integration of WQSIP into water quality
management activities.
(1) Storage sites for
liquid fertilizers are submitted to the Fertilizer Section of Consumer
Protection Services Division for approval. All sites must have a plan that
meets the requirements as specified in the Oklahoma Fertilizer Law.
(2) The Oklahoma Fertilizer Law states that
"no person owning or operating a fertilizer storage facility or a commercial
fertilizer facility shall discharge or release or cause to be placed any
fertilizer material in a location where it is likely to cause contamination of
any surface or groundwater of this state."
(3) WQS will be used to determine if a
fertilizer facility is causing the degradation of the quality of surface or
groundwater.
(4) Future changes in
WQS may require additional rules and policies. Amendments will be made as
necessitated by those changes.
(g) Compliance with mandated statewide water
quality requirements - Compliance with statewide water quality requirements is
the primary goal of the fertilizer licensing program, fertilizer facility
inspections, fertilizer spill and misuse investigations and fertilizer
monitoring programs.
(h) Public and
interagency participation - ODAFF has been charged with the regulatory
responsibilities of agricultural activities that could impact the water quality
standards of the waters of Oklahoma. The "Agricultural Resources Protection and
Management Operation" document outlines standard operating procedures to
fulfill this charge for the present and provides guidance for future needs.
This document contains no new or modified authorities not subject to
legislative approval. Should subsequent events call for law, rule or regulation
changes or additions, these shall be subject to approvals in accordance with
the APA or the legislative process. Public participation requirements of the
APA are followed in promulgating rules that integrate water quality standards
into this program area.
(i)
Evaluation of effectiveness of agency activities - The effectiveness the
fertilizer programs will be evaluated through the routine monitoring of surface
water and groundwater. Special monitoring may be initiated if potential sources
of contamination are identified. Special monitoring may be initiated if
potential sources of contamination are identified. USAP will assist in
dictating surface water monitoring.
Added at 18 Ok Reg 3409,
eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok
Reg 2332, eff 7-11-05; Amended at 25 Ok Reg 1820, eff
7-1-08
