(a)
(1) An owner or operator of a hazardous waste
land treatment facility on which food chain crops are being grown, or have been
grown and will be grown in the future, must notify the Department of such
activity or plans.*
* The growth of food chain crops at a facility which has
never before been used for this purpose is a significant change in process
under § 100.11(d) of these regulations. Owners or operators of such land
treatment facilities who propose to grow food chain crops must comply with
§ 100.11(d) of these regulations.
(2) If, pursuant to this section, the
Department determines that any restrictions on cultivation of food-chain crops
are necessary, an environmental covenant must be created and
recorded.
(b)
(1) Food chain crops must not be grown on the
treated area of a hazardous waste land treatment facility unless the owner or
operator can demonstrate, based on field testing, that any arsenic, lead,
mercury, or other constituents identified under § 265.273(b):
(i) Will not be transferred to the food
portion of the crop by plant uptake or direct contact, and will not otherwise
be ingested by food chain animals (e.g., by grazing); or
(ii) Will not occur in greater concentrations
in the crops grown on the land treatment facility than in the same crops grown
on untreated soils under similar conditions in the same region.
(2) The information necessary to
make the demonstration required by paragraph (b)(1) of this section must be
kept at the facility and must, at a minimum:
(i) Be based on tests for the specific waste
and application rates being used at the facility; and
(ii) Include descriptions of crop and soil
characteristics, sample selection criteria, sample size determination,
analytical methods, and statistical procedures.
(c) Food chain crops must not be
grown on a land treatment facility receiving waste that contains cadmium unless
all requirements of paragraph (c)(1)(i) through (iii) of this section or all
requirements of paragraph (c)(2)(i) through (iv) of this section are met.
(1)
(i) The
pH of the waste and soil mixture is 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;
(ii) The
annual application of cadmium from waste does not exceed 0.5 kilograms per
hectare (kg/ha) 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 does not exceed:
|
Time period
|
Annual Cd application rate (kg/ha)
|
|
Present to June 30, 1984
|
2.0
|
|
July 1, 1984 to December 31, 1986
|
1.25
|
|
Beginning January 1, 1987
|
0.5
|
(iii)
(A)
The cumulative application of cadmium from waste does not exceed the levels in
either paragraph (c)(1)(iii)(A) of this section or paragraph (c)(1)(iii)(B) of
this Section.
|
Maximum cumulative application (kg/ha)
|
Maximum cumulative application (kg/ha)
|
|
Soil caption exchange capacity
(meq/100g)
|
Background soil pH less than 6.5
|
Background soil pH greater than 6.5
|
|
Less than 5
|
5
|
5
|
|
5 to 15
|
5
|
10
|
|
Greater than 15
|
5
|
20
|
(B) For soils with a background pH of less
than 6.5, the cumulative cadmium application rate does not exceed the levels
below: Provided, that the pH of the waste and soil mixture is adjusted to and
maintained at 6.5 or greater whenever food chain crops are grown.
|
Soil caption exchange capacity
(meq/100g)
|
Maximum cumulative application (kg/ha)
|
|
Less than 5
|
5
|
|
5 to 15
|
10
|
|
Greater than 15
|
20
|
(2)
(i) The
only food chain crop produced is animal feed.
(ii) The pH of the waste and soil mixture is
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 is maintained whenever food
chain crops are grown.
(iii) There
is a facility operating plan which demonstrates how the animal feed will be
distributed to preclude ingestion by humans. The facility operating plan
describes the measures to be taken to safeguard against possible health hazards
from cadmium entering the food chain, which may result from alternative land
uses.
(iv) An environmental
covenant must be created and recorded in accordance with §
25-15-317, C.R.S. The covenant
must state that the property has received waste at high cadmium application
rates and must prohibit cultivation of food-chain crops except in accordance
with paragraph (c)(2) of this section.*
* As required by § 265.73, if an owner or operator
grows food chain crops on his/her land treatment facility, he/she must place
the information developed in this section in the operating record of the
facility.
Notes
6 CCR 1007-3-265.276
37
CR 24, December 25, 2014, effective 3/2/2015
38
CR 11, June 10, 2015, effective 6/30/2015
39
CR 05, March 10, 2016, effective
3/30/2016
39
CR 11, June 10, 2016, effective
6/30/2016
40
CR 06, March 25, 2017, effective
4/14/2017
40
CR 11, June 10, 2017, effective
6/30/2017
40
CR 21, November 10, 2017, effective
11/30/2017
41
CR 06, March 25, 2018, effective
4/14/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 24, December 25, 2018, effective
1/14/2019
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 06, March 25, 2019, effective
5/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
43
CR 12, June 25, 2020, effective
7/15/2020
44
CR 06, March 25, 2021, effective
4/14/2021
44
CR 11, June 10, 2021, effective
6/30/2021
44
CR 24, December 25, 2021, effective
1/14/2022
45
CR 11, June 10, 2022, effective
6/30/2022
45
CR 17, September 10, 2022, effective
9/10/2022
45
CR 17, September 10, 2022, effective
9/30/2022
45
CR 23, December 10, 2022, effective
1/30/2023
