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Handbook of Environmental Regulations for Agribusiness

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Handbook of Environmental Regulations for Agribusiness CHAP TE R TH R E E : AG R I C H E M I C AL S - PE S TI C I D E & FE RTI LI Z E R Agrichemicals - Pesticide & Fe rt i l i ze r Agrichemical dealers provide crop protection (pesticides) and enhancement (fert i l i zers) products to farmers. So m e facilities manufacture, formulate, package and re p a c k a g e agrichemicals prior to distribution. Others refill agrichemi- cal totes or mini bulk containers for their customers. T h e s e facilities typically have divisions between formulating and packaging operations and between dry and liquid o p e r a t i o n s . Some dealerships are corporately owned and/or managed and re c e i ve agrichemical use, storage and handling infor- mation from their parent company or corporate headquar- ters; some may belong to trade associations that prov i d e information and training on proper enviro n m e n t a l p ro c e d u res; and others may not have information re a d i l y a vailable to them. The following is an ove rv i ew and s u m m a ry of the environmental re q u i rements applying to agrichemical dealers. Ge n e r a l l y, agrichemicals fall under the regulation of the Iowa De p a rtment of Agricultural and Land St ew a rd s h i p (IDALS). A. Which Environmental Laws Apply to Agrichemicals – Pesticide and Fertilizer? 1. Wa s t ewater Regulations Iowa Ground Water Protection Ac t Iowa On - Site Containment of Pesticide, Fe rt i l i zer and Soil Conditioner Ru l e s . Pesticide Act of Iow a . Iowa Fe rt i l i zer Law. Industrial Wa s t ewater Di s c h a r g e Storm Water Di s c h a r g e Un d e r g round Injection Control 2. Air Emissions Regulations Title V or Operating Pe r m i t s New So u rce Pe rformance St a n d a rds (NSPS) 112(r) CAA Risk Management Pro g r a m s 3. H a z a rdous Waste Regulations Re s o u rce Conservation and Re c ove ry Ac t 4. Emergency Planning and Community Right to K n ow (EPCRA) 5. Fe d e ral Insecticide, Fungicide and Rodenticide Act 30 CHAP TE R TH R E E : AG R I C H E M I C AL S - PE S TI C I D E & FE RTI LI Z E R B. How Do I Comply? Wa s t ewater Regulations Industrial Wastewater Di s c h a r g e The Clean Water Ac t AC TI O N S TE P S ( C WA) prohibits the discharge of pollutants to waters of IN D U S T R IAL WA S TE WATE R DI S C HAR G E the United States without a permit. The CWA is enforc e d 1. Do not discharge pesticide- contaminated wastewater to a publicly by EPA and by delegation to IDNR. Pesticides are strictly owned treatment works or to an on-site regulated under the CWA, the Iowa Ground Wa t e r septic system (considered a Class V well under the Underground Injection Protection Act and the Iowa On - Site Containment of Control Progra m ) . Pesticide, Fe rt i l i zer and Soil Conditioner Rules. The Iow a De p a rtment of Agriculture and Land St ew a rdship (IDALS) 2. Do not dispose fertilizer rinsate or wash water from cleaning equipment through d e velops rules and mechanisms to implement and enforc e a sanitary or storm sewer system. the rules of the Pesticide Act of Iowa and the Iow a 3 . All washing of agrichemical han- Fe rt i l i zer Law. Iowa State Un i versity Extension prov i d e s dling/application equipment must be c o m m e rcial pesticide applicator and handler training and conducted within an area that drains to a watertight containment structure . c e rtification. The Ja n u a ry 1999 revised version of the Iowa Core Manual – A Study Guide for Commercial Pe s t i c i d e 4. Containment structure wastewater can Applicators and Ha n d l e r s, contains valuable information for be field applied following the man- u f a c t u re r’s recommended ra t e s . agribusiness. It can be obtained by contacting your local Iowa State Un i versity Extension office. 5. Indoor storage should be aw ay from floor drains, underground sumps and d o o rw ays leading outside. Industrial pre t reatment standards re q u i re no discharge of 6. Mix, repack and transfer agrichemicals p rocess wastewater pollutants from pesticide formulating, from one container to another at a des- packaging and repackaging facilities. Generally speaking, an ignated permanent mixing/transfer location that allows collection of agrichemical dealer that retails or distributes bulk pesticides spilled product. is not allowed to discharge wastewater (it has a "ze ro " discharge limit). To achieve "ze ro" discharge the business must adopt strict management practices. Please re v i ew the regulations on page 52-54 before proceeding with any Action St e p s . De f i n i t i o n s The following definitions will apply to the Ha n d b o o k’s discussion of agrichemicals. Bulk pesticide: any re g i s t e red pesticide which is transport e d or held in an individual container in undivided quantities of greater than 55 U.S. gallons liquid measure or 100 pounds net dry we i g h t . Bulk re p a c k a g i n g : the transfer of a re g i s t e red pesticide fro m one bulk container (as described above) to another bulk 31 CHAP TE R TH R E E : AG R I C H E M I C AL S - PE S TI C I D E & FE RTI LI Z E R AC TI ON S TE P S SE C O N DARY CO NTAI N M E NT ST R U C T U R E S c o n t a i n e r, in an unaltered state in preparation for sale or 1. S e c o n d a ry containment structures for distribution to another person. liquid fertilizer and soil conditioners (except anhydrous ammonia) must have a volume 20 percent greater than Mobile containers: containers designed and used for trans- the volume of the largest storage tank. p o rting fert i l i zer or soil conditioner materials. The containment structure must also a l l ow for space occupied by the other tanks in the are a . Nonmobile containers: all containers not defined as mobile. 2. S e c o n d a ry containment structures can Pe rmanent storage site: any location where nonmobile con- be made of earth or concrete or a com- bination of the two. tainers are used for fert i l i zer and soil conditioner storage in quantities of 5,000 gallons or more. One container or a 3. If the secondary containment structure combination of containers with a volume of 5,000 gallons is entirely or partially constructed of e a rth, the soil surface - including the or less is exe m p t . dike - must be constructed to prevent d ow n w a rd movement of water at spec- Se c o n d a ry containment: any stru c t u re used to pre vent ru n o f f ified rates. A re g i s t e red engineer must determine the method of achieving a or leaching of fert i l i zer or soil conditioner materials. s a t i s f a c t o ry seal. Agrichemical On-site Containment Re q u i re m e n t s A l l 4. The dike must be protected against erosion, with a top width no less than f e rt i l i zer and soil conditioner facilities constructed after two feet and a slope no greater than 45 Fe b ru a ry 18, 1987 must provide secondary containment as d e g re e s . specified in IAC, Chapter 44. Most pesticide containment 5. Diked areas must not have a relief out- regulations we re promulgated to protect ground, surf a c e let or valve. Storm water must be and drinking waters. pumped over the berm only if the water is not contaminated with fertilizer or soil conditioner. Contaminated water Design Plans and Specifications and Certification of should be field applied at specified C o n s t ru c t i o n Agribusinesses that sell or distribute fert i l- application rates or tra n s f e r red to a u x i l i a ry storage tanks. i zer or soil conditioner must submit design plans and speci- fications for agrichemical storage and containment areas to 6. S t o rage containers should be anchore d . IDALS prior to the start of construction. A re g i s t e red engi- 7. S e c o n d a ry containment structures con- neer must also certify that the design plans and specifica- structed of concrete must be watertight tions of the new facility comply with IAC ru l e s .
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