Okla. Admin. Code § 35:45-1-10

Current through Vol. 42, No. 4, November 1, 2024

Section 35:45-1-10 - Fertilizer program

(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.

Okla. Admin. Code § 35:45-1-10

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