[32 Pa.B. 1965]
[Continued from previous Web Page]
Subchapter C. GENERAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO
AGRICULTURAL LANDSec.
130d.21. General requirements for land application proposal form. 130d.22. Insurance. 130d.23. Right of entry and agreement with landowner. 130d.24. Identification of interest. 130d.25. Compliance information. 130d.26. Environmental assessment. § 130d.21. General requirements for land application proposal form.
(a) Submittal. Land application proposals shall be submitted in writing, on forms provided by the Department. Persons submitting land application proposals shall submit them to the Department at the address on the land application proposal form developed by the Department.
(b) Documentation. Each land application proposal shall include and have attached thereto, information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Department to determine compliance with this chapter.
(c) Information. Information in the land application proposal shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material made available to the Department.
(d) Affirmation of chemical analysis and waste analysis plan. The chemical analysis of waste and the waste analysis plan shall be supported by an affirmation of sworn statement, signed by the applicant, affirming that all known and likely chemicals, nutrients and constituents at the remediation site were tested for and the tests were performed in accordance with the procedures and protocols in the land application proposal.
(e) Affirmation of operation plan. The operating plan, setting forth the parameters, rates of application and methods to be employed for the land application of the soil or groundwater contaminated with agricultural chemicals, shall be affirmed by an appropriate certified applicator.
§ 130d.22. Insurance.
The applicant shall comply with the insurance requirements established by the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61) and its regulations in Chapter 128 (relating to pesticides). The insurance policy shall be effective prior to the initiation of the application of the soil or groundwater contaminated with agricultural chemicals to the agricultural land and shall remain effective until final approval and implementation of the approved applicant's closure plan. See Subchapter H (relating to closure).
§ 130d.23. Right of entry and agreement with landowner.
(a) Each land application proposal shall contain a description of the documents upon which the applicant bases his legal right to enter onto, operate on and apply soil and groundwater contaminated with agricultural chemicals on the proposed application site.
(b) The land application proposal shall provide one of the following:
(1) A copy of a signed consent agreement between the applicant and the current owner of the land upon which the soil or groundwater contaminated with agricultural chemicals will be applied.
(2) A copy of the document of conveyance that expressly grants or reserves the applicant the right to enter onto, operate on and apply soil and groundwater contaminated with agricultural chemicals on the current land owner's property and an abstract of title relating the documents to the current landowner.
(c) Each land application proposal shall contain, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed application site. The consent shall be applicable prior to the initiation of operations, for the duration of operations at the application site, and for up to 3 years after final closure for the purpose of inspection and monitoring and maintenance or abatement measures deemed necessary and ordered by the Department to carry out the purposes of the act and this chapter.
§ 130d.24. Identification of interest.
(a) Each land application proposal shall contain the following information:
(1) The legal names, addresses and telephone numbers of:
(i) The applicant.
(ii) The certified applicator.
(iii) Any contractor, if the contractor is a person other than the applicant.
(2) The name, address and telephone number of the current owner of record of the agricultural land on which the applicant intends to apply the soil and groundwater contaminated with agricultural chemicals.
(b) Each land application proposal shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the land application proposal shall contain the following information, if applicable:
(1) The name and address of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.
(2) For corporations, the names and addresses of the principal shareholders.
(3) For corporations, the names, principal places of business and the Internal Revenue Service tax identification numbers of the applicant corporation, United States parent corporations of the applicant, including ultimate parent corporations, and all United States subsidiary corporations of the applicant and the applicant's parent corporations.
(4) The names and addresses of other persons or entities having or exercising control over any aspect of the land application of the soil and groundwater contaminated with agricultural chemicals, including associates and agents. This shall include a description of the duties and responsibilities and the control to be exercised by these persons.
(c) Each land application proposal shall list the additional permits or approvals necessary for the land application of the contaminated soil and groundwater to the proposed application site. The land application proposal shall set forth the status of those permits or approvals.
(d) Each land application proposal shall set forth any previous experience of the applicant with regard to land application of agricultural waste or soil or groundwater contaminated with agricultural or other chemicals. The applicant shall identify the location of the sites, the type of operation undertaken and the ultimate outcome of the operations.
§ 130d.25. Compliance information.
The land application proposal shall contain proof that the proposed land application will comply with all other Federal, State and local laws, rules and ordinances.
§ 130d.26. Environmental assessment.
(a) Impacts. The land application proposal shall include an environmental assessment setting forth a detailed analysis of the potential impact of the application of the soil and groundwater contaminated with agricultural chemicals to the proposed agricultural site. The analysis shall consider the potential impact on the site itself, water uses and land uses, contiguous land, the environment and public health and safety. The applicant shall consider environmental features such as streams, wells, local parks, special protected watersheds, wetlands and habitats of concern.
(b) Harms. The land application proposal shall include an environmental assessment detailing known and potential environmental harms of the proposed land application including any short-term or long-term effects or degradation to the fertility or quality of the agricultural land upon which the soil or groundwater contaminated with agricultural chemicals will be applied. The applicant shall consider drift and leaching of the agricultural chemicals to be applied.
(c) Mitigation. The land application proposal shall include a mitigation plan. The mitigation plan shall delineate the steps the applicant will take in the event the application of the soil or groundwater contaminated with agricultural chemicals has a negative impact on the application site or the environment or causes harm or degradation to the application site.
(d) Review. The Department will review the environmental assessment and mitigation plans and determine whether there are additional harms and whether all known environmental harms have been assessed and will be mitigated. The Department will evaluate each mitigation measure and will collectively review mitigation measures to insure that individually and collectively they adequately protect the farmland to which the soil and groundwater contaminated with agricultural chemicals is being applied, the environment and the public health and safety.
Subchapter D. LAND PROPOSAL REVIEW PROCEDURES Sec.
130d.31. Criteria for approval or denial. 130d.32. Receipt of land application proposal and completeness review. 130d.33. Review period. 130d.34. Review process. § 130d.31. Criteria for approval or denial.
(a) Acceptance, approval, denial, modification and rescission. In accordance with the authority in section 904(b) of the act (35 P. S. § 6026.904(b)), the Department will accept and review only those proposals which seek to apply soil of groundwater contaminated with agricultural chemicals, generated as a result of remediation activities at agricultural chemical facilities, that are to be applied to agricultural land.
(1) To carry out the duties in section 904(d) of the act, the Department will exercise its power to approve, deny or request modification of any proposal to apply soil or groundwater contaminated with agricultural chemicals generated as a result of remediation activities at agricultural chemical facilities that is to be applied to agricultural land.
(2) The Department may rescind an approval of a land application proposal if the person applying the contaminated soil or groundwater violates any provision of the act or this chapter or if it discovers a mistake or falsification made in the land application proposal, the test results, the sampling techniques or any part of the operation and actual application of the soil or groundwater to the agricultural land.
(b) Affirmation of facts. A land application proposal will not be approved unless the applicant affirmatively demonstrates to the Department's satisfaction that the following conditions are met:
(1) The land application proposal is complete, accurate and meets the standards established by the act and this chapter.
(2) The land application of the soil and groundwater contaminated with agricultural chemicals detailed in the land application proposal can be feasibly accomplished, under the techniques and facts set forth therein and as required by the act and this chapter.
(3) The land application of the soil and groundwater contaminated with agricultural chemicals detailed in the land application proposal will not cause harm to the environment, the health, safety and welfare of the general public, or degrade or pollute the agricultural land to which it will be applied.
(4) The land application of the soil and groundwater contaminated with agricultural chemicals detailed in the land application proposal will not violate the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61), 3 Pa.C.S. §§ 6701--6725 (relating to Fertilizer Act), the Nutrient Management Act (3 P. S. §§ 1701--1718) or the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §§ 136--136y).
(c) Soil or groundwater containing contaminants other than agricultural chemicals. Where the soil or groundwater sought to be applied contains chemicals other than agricultural chemicals, the Department may approve the land application proposal contingent upon the applicant obtaining the necessary approvals or permits (when applicable) to land apply those chemicals from the appropriate agency.
§ 130d.32. Receipt of land application proposal and completeness review.
(a) Receipt of land application proposal and completeness review. After receipt of a land application proposal, the Department will determine whether the land application proposal is administratively complete.
(b) Receipt. For purposes of this section, ''receipt of application'' does not occur until the land application proposal is deemed administratively complete.
(c) Administratively complete land application proposal. A land application proposal is administratively complete if it contains all the necessary information, approvals, maps and other documents required by this chapter.
§ 130d.33. Review period.
(a) Administratively complete land application proposal. If the land application proposal is administratively complete, the Department will, within 60 days of receiving the administratively complete land application proposal, render a decision to approve, approve with modifications or deny the land application proposal. The Department will mail the applicant a written notice of approval or disapproval. A notice of disapproval will state the reasons for the Department's disapproval of the land application proposal.
(b) Incomplete land application proposal. When the land application proposal is not complete, the Department will send a written notice and a request for additional information and documentation to the applicant. When additional information and documentation is requested, the Department's review and consideration of the land application proposal will cease until the requested material is received. Upon receipt of all the additional information and documentation requested, the Department's 60-day review period begins. The Department will deny the land application proposal if the applicant fails to provide the additional information and documentation within 90 days of mailing of the request for additional information and documentation.
(c) Failure of Department to comply with review period. Failure by the Department to comply with the timetable established in this section will not be construed or understood to constitute grounds for an automatic approval of a land application proposal.
§ 130d.34. Review process.
(a) The Department will review all proposals for land application of soil or groundwater contaminated with agricultural chemicals, generated as the result of remediation activities at agricultural chemical facilities, to be applied to agricultural land.
(1) The Department will review all land application proposals with regard to the land application of agricultural chemicals only.
(2) If the laboratory chemical and waste analysis (required by §§ 130d.13 and 130d.14 (relating to chemical analysis of waste; and waste analysis plan)) results reveal the presence of chemicals other than agricultural chemicals, the Department will review the land application proposal (in accordance with this chapter) with respect to the approval or denial of the application of the agricultural chemicals contained in the soil or groundwater sought to be applied, but will not give final approval to the land application proposal.
(3) The Department will issue a written notice and request for additional information and documentation. The notice will contain an opinion with regard to the application of the agricultural chemicals contained in the soil and groundwater sought to be land applied. The request for additional information and documentation will require the applicant to obtain documentation of the permits and approvals necessary for the land application of the chemicals other than the agricultural chemicals before the Department will issue a final approval of the land application proposal.
(b) The decision of the Department to approve or deny a land application proposal is final with regard to that portion of the proposal that deals with application of the soil or groundwater contaminated with agricultural chemicals.
Subchapter E. GENERAL REQUIREMENTS FOR LAND APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS Sec.
130d.41. General. 130d.42. Operating plan. 130d.43. Maps and related information. § 130d.41. General.
Soil or groundwater contaminated with agricultural chemicals may be land applied under the following terms and conditions:
(1) Written authorization from the Department.
(2) The soil and groundwater sought to be applied to agricultural land are contaminated with agricultural chemicals and result from the remediation of an agricultural chemical facility as defined under the act.
(3) A signed agreement between the person responsible for the land application and the owner of the land upon which the soil or groundwater contaminated with agricultural chemicals will be applied. When the person responsible for the land application of the soil or groundwater contaminated with agricultural chemicals is the land owner, an agreement is not required.
(4) Proper right of entry authorization.
(5) Compliance with this subchapter.
(6) Compliance with Subchapter B (relating to duties of applicators).
(7) Compliance with Subchapter C (relating to general requirements for permission to apply soil and groundwater contaminated with agricultural chemicals to agricultural land).
(8) Compliance with Subchapter D (relating to land proposal review procedures).
(9) Submission of an operating plan complying with the standards in this subchapter.
(10) Submission of all maps and related information required by this subchapter.
(11) Compliance with the operating requirements established by Subchapter G (relating to general operating requirements for land application of soil and groundwater contaminated with agricultural chemicals).
(12) Compliance with the closure requirements delineated in Subchapter H (relating to closure).
§ 130d.42. Operating plan.
The land application proposal shall contain an operating plan setting forth the following information:
(1) The address and a description of the remediation site from which the contaminated soil or groundwater to be applied to the agricultural land originated or was generated.
(2) The address and a description of the agricultural site to which the contaminated soil or groundwater will be applied.
(3) The general operating plan for the proposed operation, including the proposed life of the operation, the origin and chemical, nutrient and constituent make up of each soil pile or quantity of groundwater to be applied.
(4) The proposed application rate per acre, which shall be consistent with standards established by this chapter, including standards established by the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), Nutrient Management Act (3 P. S. §§ 1701--1718), 3 Pa.C.S. §§ 6701--6725 (relating to Fertilizer Act), Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61) and the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §§ 136--136y).
(5) The proposed methods, techniques and types of applications, which shall be consistent with standards established by this chapter, including standard established by the Solid Waste Management Act, Nutrient Management Act, Fertilizer Act, Pennsylvania Pesticide Control Act of 1973, Federal Insecticide, Fungicide and Rodenticide Act of 1947 and the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. §§ 301--392).
(6) The proposed dates of application.
(7) The equipment to be used for site preparation, land application of the contaminated soil and groundwater and incorporation of the contaminated soil.
(8) The use that will be made of the proposed application area and the crops that will be planted on each application plot for 3 years following the application.
(9) A plan to control drift or migration of the chemicals, nutrients and constituents in the soil and groundwater being applied.
(10) Information necessary to show compliance with Subchapter G (relating to general operating requirements for land application of soil and groundwater contaminated with agricultural chemicals).
§ 130d.43. Maps and related information.
(a) Boundary map. A land application proposal shall contain a detailed map including necessary narrative descriptions, which show the following:
(1) The boundaries and the names of the present owners of record of the land constituting the proposed application site and a description of all title, deed or usage restrictions, including easements, right-of-way, covenants and other property interests, affecting the proposed application site.
(2) The boundaries of the land where soil and groundwater contaminated with agricultural chemicals will be applied over the estimated total life of the proposed application, including the boundaries of land that will be affected in each sequence of land application activity.
(3) The map shall contain a grid showing the exact field or location where each soil pile or quantity of groundwater contaminated with agricultural chemicals will be applied.
(4) The location and name of public and private water supplies and wells within the proposed application site and adjacent areas that are within the setback requirements in Subchapter G (relating to general operating requirements for land application of soil or groundwater containing agricultural chemicals).
(b) Soils map. A land application proposal shall contain a United States Department of Agriculture Soil Conservation Service soils map or other reliable data if current soils maps are unavailable, which shows the location and types of soils within the proposed application area.
Subchapter F. GENERAL REQUIREMENTS AND EXCEPTIONS FOR USE AND APPLICATION OF GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS AS TANK MIX Sec.
130d.51. General requirements. 130d.52. General exceptions. § 130d.51. General requirements.
(a) Special land application proposal form. A person seeking approval to utilize and apply groundwater contaminated with agricultural chemicals generated as a result of remediation activities at an agricultural chemical facility as tank mix, shall apply in writing on a special land application proposal form prepared by the Department. The person seeking permission shall attach the chemical and waste analysis required by this chapter to the special land application proposal form.
(b) Approval of special land application proposal form. When the Department permits groundwater contaminated agricultural chemicals, generated as a result of remediation activities at an agricultural chemical facility, to be applied to agricultural land, the applicant shall comply with this chapter except those expressly waived by the Department in its letter of approval.
(c) Denial of special land application proposal form. When the Department denies a request to utilize and apply groundwater contaminated with agricultural chemicals as tank mix, the person seeking approval may still submit a land application proposal form under the standard provisions of this chapter. The Department's letter of denial will set forth the reasons for the denial.
(d) Ongoing testing and monitoring requirement. When the Department approves the utilization and application of groundwater contaminated with agricultural chemicals, the approved applicant shall be required to conduct ongoing testing and monitoring of the groundwater and to submit chemical and waste analysis plans on an annual basis, unless testing is required by the Department on a more regular basis, until a final closure plan has been submitted to the Department and pumping and application of the groundwater contaminated with agricultural chemicals has ceased. This requirement applies to each well or other source at the site being remediated, from which the groundwater contaminated with agricultural chemicals to be utilized as tank mix is being drawn or pumped.
(e) Cancellation of approval to utilize and apply groundwater contaminated with agricultural chemicals as tank mix. The Department will cancel the approval to utilize and apply groundwater contaminated with agricultural chemicals as tank mix if the groundwater contamination levels rise above the Environmental Protection Agency (EPA) published MCL and HAL standards or new contaminants are found. The utilization and land application of the contaminated groundwater as tank mix shall immediately cease. The previously approved applicant/applicator will no longer fall under the exception established by this subchapter and delineated in the Department's letter of approval. The applicant/applicator shall be required to comply with the standard land application requirements of this chapter. Land application of the groundwater contaminated with agricultural chemicals may not resume until the applicant/applicator can demonstrate compliance with this chapter.
§ 130d.52. General exceptions.
(a) When the chemical and waste analysis results manifest that the types and concentrations levels of agricultural chemicals contained in the quantity of groundwater, generated as a result of remediation activities at an agricultural chemical facility, sought to be land applied are at levels below Environmental Protection Agency (EPA) published MCL and HAL standards, the Department may allow the groundwater to be utilized as tank mix.
(b) When the Department permits groundwater contaminated with agricultural chemicals to be utilized as tank mix, the Department may waive certain provisions of this chapter. The Department will set forth the waivers specifically in its letter of approval.
(c) The Department will not waive the following provisions:
(1) Section 130d.13 (relating to chemical analysis of waste).
(2) Section 130d.14 (relating to waste analysis plan).
(3) Section 130d.21 (relating to general requirements for land application proposal form).
(4) Section 130d.22 (relating to insurance).
(5) Section 130d.23 (relating to right of entry and agreement with landowner).
(6) Section 130d.24 (relating to identification of interest).
(7) Section 130d.25 (relating to compliance information).
(8) The provisions in Subchapter D (relating to land proposal review procedures).
(9) Section 130d.61 (relating to general provisions).
(10) Section 130d.62 (relating to standards for land application of soil and groundwater contaminated with agricultural chemicals).
(11) Section 130d.66 (relating to prohibited applications).
Subchapter G. GENERAL OPERATING REQUIREMENTS FOR LAND APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS Sec.
130d.61. General provisions. 130d.62. Standards for land application of soil and groundwater contaminated with agricultural chemicals. 130d.63. Land application rates and procedures. 130d.64. Additional application requirements. 130d.65. Limitations on land application of soil and groundwater contaminated with agricultural chemicals. 130d.66. Prohibited applications. 130d.67. Nuisance minimization and control. 130d.68. Daily operational records. 130d.69. Annual operational report. § 130d.61. General provisions.
An approved applicant shall comply with the act and this chapter and shall comply with the land application standards, rates, procedures limitations and prohibitions in this subchapter and the applicant's approved land application proposal.
§ 130d.62. Standards for land application of soil and groundwater contaminated with agricultural chemicals.
Persons seeking to apply soil or groundwater contaminated with agricultural chemicals resulting from the remediation of an agricultural facility to agricultural land shall comply with the following:
(1) The land application and application rate shall be consistent with labeling requirements for all pesticide active ingredients found in the soil or groundwater being land applied and the Department may require a safety factor of one-half the label application rate. With regard to fertilizer found in the soil or groundwater being land applied, the application shall be consistent with labeling and standards established by the Pennsylvania Agronomy Guide.
(2) The cumulative effect of all pesticides applied may not exceed the labeling rate for any of the pesticides contained in the soil pile or quantity of groundwater contaminated with agricultural chemicals.
(3) The cumulative effect of all fertilizer found in the soil or groundwater being land applied shall be consistent with and not exceed the standards established by the Pennsylvania Agronomy Guide.
(4) Proper application techniques (as suggested by the manufacturer and as set forth in this subchapter) shall be set forth in the applicant's operational plan and followed.
(5) Consultants or other individuals directing land application activities shall be certified in the appropriate use category to apply pesticides. A certified applicator is required to be onsite at all times during the application of pesticide contaminated soils.
(6) The landowner shall account for the amount of nutrients being applied to the land as set forth in the Pennsylvania Agronomy Guide.
(7) Individual soil piles and groundwater contaminated with agricultural chemicals may not be consolidated for application without prior written approval from the Department and the landowner.
(8) The Department may approve the application of minor amounts of additional agricultural chemicals, not found in background levels at the proposed application site, to the proposed application site in cases where the application rate will not result in crop injury, illegal crop residues, polluting or fouling of the agricultural land or cause unreasonable adverse effects on the environment. The Department will not approve an application of contaminated soil or groundwater where the application is likely to result in crop injury, illegal crop residues, polluting or fouling of the agricultural land or cause unreasonable adverse affects on the environment.
(9) The application of agricultural chemicals shall be in compliance with the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61), the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §§ 136--136y), the Pennsylvania Agronomy Guide and any applicable nutrient management plan.
(10) With regard to the approval or denial of the land application of agricultural chemicals which have been banned, cancelled or suspended, the Department will follow the criteria and rules and regulations established under the Pennsylvania Pesticide Control Act of 1973, the Federal Insecticide, Fungicide and Rodenticide Act of 1947 and the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6986).
(11) Land application of incompatible agricultural chemicals is prohibited as required by the Pennsylvania Pesticide Control Act and the Federal Insecticide, Fungicide and Rodenticide Act.
(12) The person responsible for the land application of the soil and groundwater contaminated with agricultural chemicals shall attest that all local ordinances and issues have been complied with and resolved before the Department will issue its approval of the land application.
(13) Upon completion of an approved land application project, a final report, containing information required by this chapter, shall be submitted to the Department.
§ 130d.63. Land application rates and procedures.
(a) General provisions for application rate. When reviewing a land application proposal to determine if the applicant properly calculated the application rate and acreage needed to properly apply soil and groundwater contaminated with agricultural chemicals, the Department will consider the following, which shall be addressed in the applicant's operation plan:
(1) The type and concentration of each agricultural chemical contained in each soil pile or quantity of groundwater reported by the applicant in the land application proposal submitted to the Department.
(2) The excavated soil type indicated by the applicant in the land application proposal submitted to the Department.
(3) The total volume of excavated soil or contaminated groundwater in each individual soil pile or quantity.
(4) The proposed application site crop for the upcoming growing season and a projected 3 year crop rotation plan including the use of the land, type of crop to be grown and the use of the crops. The same crop may be planted year after year with the approval of the Department.
(5) The concentration, in parts per million, of the active ingredients in each soil pile or quantity of groundwater contaminated with agricultural chemicals.
(6) The application rate for the selected site and crop based on the current labeling for each pesticide found. If fertilizers are being applied, the Department will follow the recommendations for fertilizer applications for specific crops listed in the latest edition of the Pennsylvania Agronomy Guide.
(7) A conversion factor (37,000) shall be used. The calculation considers the concentration of parts per million and the conversion of ft3 to yd3.
(3ft)3/yd3 ÷ 1,000,000 = 1/37037.037
The result of the calculation is the total acreage required for land application for each individual agricultural chemical. A safety factor included in this calculation considers the cumulative effect of all the pesticides detected in the soil pile or quantity of groundwater. The acres required for each individual contaminant found in each soil pile or quantity of groundwater contaminated with agricultural chemicals are summed. This value is the uniform soil application rate. Soil application rate (Volume of excavated soil or contaminated groundwater ÷ Total acres required) (Yds3/Acre).
(8) The application credits that shall be taken and the additive loading effect of the soil or groundwater contaminated with agricultural chemicals. The rate will be calculated using the following formula. (Land required for an individual contaminant × Total acres required) ÷ Product label rate = Active ingredient application credit (lbs/Acres)).
(b) Application rate considerations and procedures. The following shall be addressed in the applicant's operation plan and will be considered by the Department when reviewing all land application proposals:
(1) Application rate. The application rate as compared to the label rates of the various compounds present in each soil pile or quantity of groundwater contaminated with agricultural chemicals shall adhere to and not exceed the labeling rate for each compound present.
(2) Total loading. All pesticides detected in a single soil pile or quantity of groundwater contaminated with agricultural chemicals shall be considered when developing soil application rates. The cumulative effect of all the pesticides can be considered by summing the acreage needed for each individual pesticide to develop the total acreage required. Where more than one pesticide is present in a soil pile or quantity of groundwater the soil pile or groundwater shall be applied at the most restrictive labeling rate. Nutrients shall be considered separately from pesticides when developing soil application rates.
(3) Incorporation. The soil and groundwater contaminated with agricultural chemicals shall be applied in a manner that assures an even distribution of agricultural chemicals within the soil pile or quantity of groundwater and ensures the application rate will be uniform across the field application site. In addition, where incorporation is necessary, the incorporation techniques used for soil piles contaminated with agricultural chemicals shall achieve a mixture of top soil and contaminated media and shall ensure the contaminated media is incorporated to a depth of up to 6 inches.
(4) Top soil considerations. The applicant shall set forth procedures to assure that valuable topsoil will not be lost, stripped off the land or buried under the contaminated soil to be applied.
(5) Uniform application rate. The applicant shall set forth procedures to assure the application rate will be uniform across the field application area or as close to uniform as is possible given the current technology, machinery and application techniques available.
(6) Multiple applications of pesticides. The sum of pesticide active ingredient applied through any land application activities and other applications in the same season (or following season, in the case of fall or post-harvest land applications) may not exceed labeling rate restrictions for any pesticide applied.
(7) Multiple applications of nutrients. The total amount of nutrients applied through the land application plus other commercial fertilizers, manure and nutrient applications shall be set forth in the operation plan in the land application proposal. In addition, if the nutrients are being applied to an agricultural site that is required to have a nutrient management plan, under the Nutrient Management Act (3 P. S. §§ 1701--1718) the applicant shall attest that the application of the additional nutrients contained in the soil piles or groundwater to be applied conform with and do not violate the standards established in the applicant's nutrient management plan. If the application requires a revision to the nutrient management plan, the applicant must attach a notification from the State Conservation Commission attesting to the fact the nutrient management plan has been revised to account for the additional nutrients and the revised plan has received final approval.
(c) Timetable for land application of soil and groundwater contaminated with agricultural chemicals. Land application of soil and groundwater contaminated with agricultural chemicals must be applied between April 1 and September 30 of each year, unless otherwise approved in writing by the Department.
(d) FIFRA and Pennsylvania Pesticide Control Act of 1973. Application, application rates and application techniques used to land apply soil piles and quantities of groundwater contaminated with agricultural chemicals may not violate the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §§ 136--136y) or the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61).
§ 130d.64. Additional application requirements.
In addition to the application requirements in §§ 130d.62 and 130d.63 (relating to standards for land application of soil and groundwater contaminated with agricultural chemicals; and land application rates and procedures) the operating plan shall include the following:
(1) A projected 3-year crop rotation plan for each field or plot upon which soil or groundwater contaminated with agricultural chemicals is to be applied, including type of crop to be grown, planting sequence, crop planting technique to be used, crop and land management and use of crops grown.
(2) A nutrient and pesticide management plan for the site, including:
(i) A description of the kind and amount of fertilizer, soil conditioner or pesticide that will be placed on the site in addition to the soil or groundwater contaminated with agricultural chemicals.
(ii) The number and kind of animals on the farm or property and the total nutrient value of the manure produced by those animals, and the location (field or plot) where the manure is to be placed.
(iii) An explanation and analysis of the effect on the soil and crops from the additional nutrients, soil conditioners or pesticides that would be supplied by the soil and groundwater contaminated with agricultural chemicals.
(iv) The benefit to the soil, crops or farming operation that the soil and groundwater contaminated with agricultural chemicals would provide.
§ 130d.65. Limitations on land application of soil and groundwater contaminated with agricultural chemicals.
When reviewing a land application proposal the Department will consider the following which shall be addressed in the applicant's operation plan:
(1) Labeling rates. Pesticide contaminated soil and groundwater shall be applied to a site or crop, or both, in a manner consistent with labeling directions and requirements for that pesticide.
(2) Annual crops. In the case of annual crops, the crop shall be grown on the application area during the season that the application is made.
(3) Postharvest application. If land application is conducted in the fall or postharvest, the crop following the application must be suitable for the labeling requirements of the agricultural chemicals contained in the soil and groundwater to be land applied.
(4) Site suitability. Site suitability will be based on the land application proposal. The results of the reports contained within the land application proposal will be combined and shall evidence that the rates of application of the soil and groundwater contaminated with agricultural chemicals will comply with labeling requirements, will not exceed labeling rates, will not exceed additivity requirements and will not cause damage to the proposed application site or adjacent land or water. General slope, drainage characteristics, presence of shallow groundwater, distance to surface waters and suitability for agricultural purposes are some of the characteristics that will be considered.
(5) Application of soil piles. To allow for proper incorporation of contaminated soil piles, the soil piles may not be applied overtop of the soil at the application site at a thickness greater than 1/2 inch. The soil piles shall be incorporated into the soil at the application site to a depth of up to 6 inches, unless otherwise authorized by the Department.
(6) Application techniques. Soil and groundwater contaminated with agricultural chemicals may not be applied by any type of spray irrigation equipment or by aerial equipment or any other technique that may cause or lead to excessive drift of the agricultural chemicals contained in the soil or groundwater unless the person has demonstrated in the land application proposal the equipment or technique will not cause aerosol transport offsite or onto a field that will contain an incompatible crop, and the Department has approved the machinery or technique.
(7) Ponding and standing accumulations. Soil and groundwater contaminated with agricultural chemicals shall be applied to the soil surface and incorporated in a manner that prevents ponding or standing accumulations of contaminated soil overtop of the topsoil at the application site.
(8) Pasturing or grazing. Livestock may not be pastured or allowed to graze on areas where soil and groundwater contaminated with agricultural chemicals has been applied 5 years subsequent to the application, unless otherwise approved by the Department in writing.
(9) Land use and crops. The use that will be made of the proposed application area and the crops that will be grown on the site subsequent to the application of the soil and groundwater contaminated with agricultural chemicals, shall be consistent with the labeling requirements of the pesticides contained in the soil piles or groundwater to be applied.
§ 130d.66. Prohibited applications.
(a) General. The following applications of soil or groundwater contaminated with agricultural chemicals are prohibited, unless specifically authorized by the Department in writing:
(1) An application which would violate any provisions of act, environmental protection acts or this chapter.
(2) An application to any ''preserved farmland'' as defined in 4 Pa. Code Chapter 7, Subchapter W (relating to agricultural land preservation policy).
(3) An application to soil designated as ''prime farmland'' as defined under 7 CFR 657 (relating to prime and unique farmland).
(4) An application which would render the farmland unusable for agricultural purposes or would cause unreasonable adverse effects on the environment.
(5) An application which would cause the total annual application amounts of an agricultural chemical to exceed the respective labeling application rate on any application site.
(6) An application that does not comply with existing laws and regulations.
(7) An application where the soil or groundwater contaminated with agricultural chemicals contains a constituent in such high concentrations that it requires a loading rate which would give the media little or no nutrient or soil conditioning value or little or no pesticide value when applied to the proposed application site.
(b) Setback areas where land application is prohibited. The operation plan shall address how the applicant intends to comply with this subsection. Soil and groundwater contaminated with agricultural chemicals may not be applied in the following areas:
(1) Within 100 feet of an intermittent, ephemeral or perennial stream.
(2) Within 300 feet of a water source unless the current owner of the water source has provided a written waiver consenting to the activities closer than 300 feet.
(3) Within 100 feet of a sinkhole or diversion ditch.
(4) Within 100 feet of an exceptional value wetland.
(5) Within 100 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains and explicit waiver from the owner.
§ 130d.67. Nuisance minimization and control.
The approved applicant shall control and minimize conditions not otherwise prohibited by this chapter that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.
§ 130d.68. Daily operational records.
(a) General. The applicant approved to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall make and maintain an operational record for each day that the contaminated soil or groundwater is applied. These records shall be maintained according to generally accepted principles.
(b) Contents of daily operational record. The daily operational record shall include the following:
(1) The specific soil piles or quantities of groundwater contaminated with agricultural chemicals applied that day, including weight or volume and types and levels of pesticides, fertilizers, soil conditioners nutrients and other chemicals in each soil pile or quantity of groundwater applied.
(2) The technique and equipment used to apply and incorporate each soil pile or quantity of groundwater contaminated with agricultural chemicals.
(3) The application rate and calculations evidencing the application rate for each soil pile or quantity of groundwater contaminated with agricultural chemicals are in compliance with this chapter.
(4) The specific location of the application of each soil pile or quantity of groundwater contaminated with agricultural chemicals.
(5) The name, mailing address, county and State of each generator of the contaminated media.
(6) A record of any deviations from the land application proposal operating plan.
(7) The general weather conditions during application.
(8) A record of actions taken to correct deviations from the operating plan or violations of the acts the environmental protection acts and this chapter.
(c) Retention. Daily operational records shall be maintained and retained until final approval of the site closure plan (required by Subchapter H (relating to closure)) by the Department. These records shall be available to the Department upon request.
§ 130d.69. Annual operational report.
(a) General. The applicant approved to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall make and maintain an annual operational record. These records shall be maintained according to generally accepted principles.
(b) Contents of annual operational report. The annual operational record shall be a compilation of the daily records made and maintained by the approved applicant. The annual operational record shall be a synopsis of the daily records and shall include the following:
(1) A synopsis of the weight or volume and types and levels of pesticides, fertilizers, soil conditioners nutrients and other chemicals applied to each field or plot at the application site.
(2) A synopsis of the techniques and equipment used to apply and incorporate each soil pile or quantity of groundwater contaminated with agricultural chemicals to each field or plot at the application site.
(3) A synopsis of the application rate and calculations evidencing the application rate to each field or plot for each soil pile or quantity of groundwater contaminated with agricultural chemicals are in compliance with this chapter.
(4) A final list containing the name, mailing address, county and state of each generator of contaminated media that was applied to the site. This list shall identify each soil pile and quantity of groundwater received from each generator.
(5) A final list, including dates, of any deviations from the land application proposal operating plan.
(6) A final list, including dates, of actions taken to correct deviations from the operating plan or violations of the act, the environmental protection acts and this chapter.
(7) A current certificate of insurance, as specified in § 130d.22 (relating to insurance), evidencing continuous coverage for comprehensive general liability insurance.
(8) A map of the same scale and type required by § 130d.43 (relating to maps and related information), showing the field boundaries where soil and groundwater contaminated with agricultural chemicals was applied, and the volume and type of agricultural chemicals and contaminated media applied to each field or other approved application area.
Subchapter H. CLOSURE Sec.
130d.71. Site closure plan. 130d.72. Final report. § 130d.71. Site closure plan.
(a) General. The parties involved in the land application of soil and groundwater contaminated with agricultural chemicals shall report the results of the land application activity to the Department upon completion of the application and treatment.
(b) Contents of plan. The site closure plan shall include the following:
(1) A proposed postapplication field soil sampling and analysis plan which shall be consistent with the procedures for soil sampling and analysis in §§ 130d.13--130d.15 (relating to chemical analysis of waste; waste analysis plan; and application site analysis).
(2) The compounds to be analyzed for and the methods of analysis. This should be consistent with the initial background components analyzed and the methods used.
(3) A discussion of any problems encountered during the project and actions taken to correct any problems or violations.
(4) The analytical results of both the original application site analysis and the field closure soil sampling plan.
§ 130d.72. Final report.
The final report shall contain the final results of the site closure plan, a narrative describing both positive and negative results of the land application and the following information:
(1) The name of the persons supervising the application.
(2) The total acreage on which the soil or groundwater, or both, contaminated with agricultural chemicals was applied.
(3) The dates of each application.
(4) The start and stop time of each application.
(5) The weather conditions during each application.
(6) The calibration measures used.
(7) The type of equipment used.
(8) The type of incorporation method used and the date of incorporation.
(9) The types and concentrations of agricultural chemicals present in each soil pile or quantity of groundwater and the specific field to which each soil pile or quantity of groundwater, or both, was applied.
(10) A discussion of any problems that occurred and actions taken to correct the problems.
[Pa.B. Doc. No. 02-619. Filed for public inspection April 19, 2002, 9:00 a.m.]
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