Or. Admin. Code § 603-059-0100 - Limits of Non Nutritive Constituents
(1) Fertilizer, agricultural amendment,
agricultural mineral and lime products sold or distributed in the state and
required to be registered with the Department shall be limited in the level of
the metals arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), and nickel
(Ni), contained therein, specifically:
(a)
When the product has a guaranteed analysis of available phosphate (P2O5), for
each percent of P2O5 guaranteed, the maximum allowed level of a metal,
expressed in parts per million (ppm), must not exceed: 9 ppm arsenic, 7.5 ppm
cadmium, 43 ppm lead, 0.7 ppm mercury, 175 ppm nickel.
(A) To determine the maximum allowed
concentration of each metal in a product, multiply the percent guaranteed P2O5
for the product by the maximum allowed level of the metal.
(B) For the purpose of calculating the
maximum allowed concentration of a metal in a product with a guaranteed
analysis of less than six percent P2O5, the minimum percent of P2O5 utilized as
a multiplier shall be 6.0.
(b) When the product has no guaranteed
analysis of available phosphate (P2O5) but does have a guaranteed analysis of
one micronutrient, for each percent of the micronutrient guaranteed, the
maximum allowed level of a metal, expressed in parts per million (ppm), must
not exceed: 76 ppm arsenic, 61 ppm cadmium, 340 ppm lead, 4.5 ppm mercury, 1330
ppm nickel.
(A) To determine the maximum
allowed concentration of each metal in a product, multiply the percent of the
micronutrient guaranteed for the product by the maximum allowed level of the
metal.
(B) For the purpose of
calculating the maximum allowed concentration of a metal in a product with less
than one percent micronutrient guaranteed, the minimum percent of micronutrient
utilized as a multiplier shall be 1.0.
(c) When the product has no guaranteed
analysis of available phosphate (P2O5) but does have a guaranteed analysis of
two or more micronutrients, for each percent of the micronutrient in the
greatest concentration, the product shall not contain more than 76 parts per
million (ppm) arsenic, 61 ppm cadmium, 340 ppm lead, 4.5 ppm mercury, 1330 ppm
nickel.
(A) To determine the maximum allowed
concentration of each metal in a product, multiply the percent of the
micronutrient guaranteed for the product in the greatest concentration by the
maximum allowed level of each metal.
(B) For the purpose of calculating the
maximum allowed concentration of a metal in a product with less than one
percent micronutrient guaranteed, the minimum percent of micronutrient utilized
as a multiplier shall be 1.0.
(d) When the product has a guaranteed
analysis of available phosphate (P2O5) and has a guaranteed analysis of one
micronutrient, the product shall not contain more of any metal than the higher
of the two resulting values as calculated in (a) or (b) above, specifically:
(A) To determine the maximum allowed
concentration of a metal in a product, multiply the percent guaranteed P2O5 for
the product by the maximum allowed level of the metal as stated in (a) above.
Then multiply the percent of the micronutrient guaranteed for the product by
the maximum allowed level of the metal as stated in (b) above. Utilize the
higher of the two resulting values as the maximum allowable metal
concentration.
(e) When
the product has a guaranteed analysis of available phosphate (P2O5) and has a
guaranteed analysis of two or more micronutrients, the product shall not
contain more of any metal than the higher of the resulting values as calculated
in (a) or (c) above.
(A) To determine the
maximum allowed concentration of each metal in a product, multiply the percent
guaranteed P2O5 for the product by the maximum allowed level of the metal as
stated in (a) above. Then multiply the highest percent of a micronutrient
guaranteed for the product by the maximum allowed level of the metal as stated
in (c) above. Utilize the higher of the resulting values as the maximum
allowable metal concentration.
(f) When the product has no guaranteed
analysis of available phosphate (P2O5) and no guaranteed analysis of a
micronutrient, the product shall not contain more than: 54 parts per million
(ppm) arsenic, 45 ppm cadmium, 258 ppm lead, 4.2 ppm mercury, 1050 ppm
nickel.
(2) Any
fertilizer, agricultural amendment, agricultural mineral or lime product which
is made from zinc recycled hazardous wastes as regulated under the Resource
Conservation and Recovery Act (RCRA) must comply with the existing, applicable
land disposal restriction (LDR) treatment standards for the hazardous wastes
the products contain or comply with the conditions for excluding hazardous
secondary materials as established in the Federal Register/Vol.67, No.
142/Wednesday, July 24, 2002/Pages 48393-48415.
(3) The department will review the permitted
levels of metals or other substances in fertilizer, agricultural amendment,
agricultural mineral and lime products every three years as authorized by ORS
633.362(11).
(4) Registration of a fertilizer,
agricultural amendment, agricultural mineral or lime product with the
department does not entitle the user of such product to violate regulations
administered by any other authority with jurisdiction, including Water Quality
Standards administered by the Department of Environmental Quality.
Notes
Stat. Auth: ORS 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 633 as amended by Ch. 914 OL 2001
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