Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General
criteria. A person who seeks to apply soil or groundwater, generated
as a result of remediation activities at an agricultural chemical facility, to
agricultural land shall perform a detailed analysis and testing of the soil or
groundwater, or both, at the agricultural chemical facility site and the
application site. A verified copy of the sampling techniques and results shall
be submitted to the Department as part of the land application
proposal.
(b)
Analysis and
testing of the soil or groundwater, or both, at the agricultural chemical
facility site. The analysis and testing at the agricultural chemical
facility site shall fully characterize the physical properties and chemical
composition of each type of agricultural chemical that was held, stored,
blended, formulated, sold, distributed, manufactured or generated by the
agricultural chemical facility and shall be done in accordance with subsections
(d) and (e)(1) and (2). The substances tested for shall be predicated on the
manufacturing processes and business carried on at the agricultural chemical
facility site being remediated and records obtained from that agricultural
chemical facility or facilities on that site. The types of agricultural
chemicals likely to be contained in the soil and groundwater shall be gleaned
from information available regarding the agricultural chemical facility site at
which the remediation activities are taking place including the following:
(1) Records, including sales records,
memorandums, invoices and historical data, of the type of products
manufactured, held, stored, formulated, sold, distributed, produced or
used.
(2) Material safety data
sheets or similar sources that may help characterize the types of agricultural
chemicals and waste generated.
(3)
Notices of past spills, violations or contamination if applicable.
(4) Information regarding any agricultural
chemical byproduct or agricultural chemical produced during or as a result of
the manufacturing processes, mixing, storage or distribution of
materials.
(c)
Analysis and testing of soil at the proposed application site.
The analysis and testing at the proposed application site shall cover soil
samples taken from the proposed application site and shall be done in
accordance with subsections (d) and (e)(3). The soil samples taken from the
proposed application site shall be tested for each agricultural chemical,
nutrient or constituent found in the soil or groundwater, or both, at the
agricultural chemical facility site that is proposed to be applied to the
application site. In addition, the proposed application site analysis shall
delineate the soil types found within the proposed application area. The
testing and analysis of the soil at the proposed application site, at minimum,
shall include:
(1) A chemical, nutrient and
constituent analysis of each 15-acre field or plot upon which a soil pile or
quantity of groundwater from the remediated agricultural chemical facility site
is to be applied.
(2) Testing for
all agricultural chemicals, the by-products or derivatives thereof, and each
agricultural chemical, nutrient or constituent that was found to be present in
the contaminated soil or groundwater, or both, at the agricultural chemical
facility being remediated which are to be applied at the proposed application
site.
(3) Documentation of the soil
types found within the proposed application area.
(d)
Approved laboratory.
Soil or groundwater samples, or both, from each soil pile or quantity of
groundwater taken from the agriculture chemical facility site being remediated
and sought to be applied to agricultural land and soil samples taken from the
application site shall be tested on a parts per million basis and shall be
submitted for analysis to a laboratory compliant with the United States
Environmental Protection Agency's (EPA) Good Laboratory Practices (GLP)
Program. A list of EPA GLP compliant laboratories is available on the
Department's website. A copy of the test results shall be submitted to the
Department as part of the land application proposal and to the owner of the
agricultural land on which the contaminated soil and groundwater is sought to
be applied.
(e)
Sampling
techniques. Sampling techniques shall be consistent with the sampling
procedures set forth in the Pennsylvania Agronomy Guide which
are set forth herein.
(1)
Soil pile
samples from the agricultural chemical facility remediation site.
Sampling of soil piles from an agricultural chemical facility remediation site
shall consist of one representative sample from each soil pile proposed to be
land applied. A representative sample shall consist of 15 core samples from
each soil pile at the remediation site which is proposed to be land applied to
an agricultural site. A soil pile shall contain no more than 36,000 cubic yards
of soil, which represents the cubic yards of soil contained in 15 acres of land
at a 6-inch depth and is consistent with the standards established in the
Pennsylvania Agronomy Guide. Multiple soil piles require
multiple samples. Samples shall be collected and recorded in the following
manner:
(i) Fifteen core samples shall be
collected from each soil pile proposed to be land applied.
(ii) Each core sample shall be collected from
a depth of at least 4 to 6 inches.
(iii) The core samples taken from each soil
pile shall be mixed in order to acquire a representative sample from that
particular soil pile.
(iv) Roots,
stones and other debris not representative of the substrate being sampled and
proposed for land application shall be removed from the core samples.
(v) The mixed sample from each soil pile
shall be placed in a clean unused container and marked in a manner delineating
the particular soil pile from which the sample was taken. The sample container
shall be compliant with the standards established by the approved laboratory to
which the soil samples will be submitted for testing.
(vi) The applicant shall complete the
required report form, set forth the agricultural chemicals to be tested for, in
compliance with the requirements of this chapter, and submit the sample or
samples to an approved laboratory.
(2)
Water samples from the
agricultural chemical facility remediation site. Where groundwater
from an agricultural chemical facility remediation site is proposed to be
applied to agricultural land, the applicant shall collect 1 pint of water from
the remediation site for every 2,000 gallons of water sought to be land applied
or utilized as tank mix. Samples shall be collected and recorded in the
following manner:
(i) Samples shall be
collected from random and mixed points and depths throughout the remediation
site to assure a true and representative sampling of the water contaminated
with agricultural chemicals at the remediation site.
(ii) Samples shall be collected in clean
unused glass bottles and kept chilled during and prior to delivery to an
approved laboratory.
(iii) Samples
shall be marked in a manner delineating the particular site location and depth
from which the sample was taken.
(iv) The applicant shall complete the
required report form, set forth the agricultural chemicals to be tested for, in
compliance with this chapter, and submit the sample or samples to an approved
laboratory.
(3)
Soil samples from the proposed application site. Sampling of
soil from the proposed application site shall consist of one representative
sample per every 15 acres of land upon which the soil contaminated with
agricultural chemicals from the agricultural chemical facility is proposed to
be land applied. Samples shall be collected and recorded in the following
manner:
(i) A representative sample shall
consist of 15 core samples collected from 15 different areas per 15-acre plot
(one core sample taken from each acre on that plot) of land area proposed to
receive soil or water, or both, contaminated with agricultural chemicals from
an agricultural chemical facility being remediated under the act.
(ii) Core samples shall be collected from a
depth of at least 4 to 6 inches.
(iii) The 15 core samples collected from each
15-acre plot shall be thoroughly mixed to get a representative sample from that
15-acre plot.
(iv) Roots, stones
and other debris not representative of the field plot being sampled shall be
removed from the core samples.
(v)
The mixed sample from each 15-acre plot shall be placed in a clean, unused
container and marked in a manner delineating the particular 15-acre plot from
which the sample was taken. The sample container shall be compliant with the
standards established by the approved laboratory to which the soil sample will
be submitted for testing.
(vi) The
applicant shall complete the required report form, set forth the agricultural
chemicals to be tested for and submit the sample or samples to an approved
laboratory.
This section cited in 7 Pa. Code 130d.21 (relating to
general requirements for land application proposal form); 7 Pa. Code §
130d.23 (relating to waste sampling
plan); 7 Pa. Code 130d.51 (relating to general requirements); and 7 Pa. Code
§
130d.61 (relating to site closure
plan).
