Ala. Admin. Code r. 335-13-16-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-16-.07 - Operating Criteria For Food Processing Residual

(1) All Distributors managing and land applying FPR shall adhere to the following additional requirements:

(a) The site restrictions listed in 1-8 of this section shall be met when FPR is land applied; or the pH of by-product material land applied shall be raised to twelve (12) or higher by alkali addition and, without the addition of more alkali, shall remain at twelve (12) or higher for thirty (30) minutes and the site restrictions in 1-4 of this section shall be met:

1. Food crops with harvested parts that touch the by-product/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of by-product material;

2. Food crops with harvested parts below the surface of the land shall not be harvested for twenty (20) months after application of by-product material when the by-product material remains on the land surface for four months or longer prior to incorporation into the soil;

3. Food crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of by-product material when the by-product material remains on the land surface for less than four months prior to incorporation into the soil;

4. Food crops, feed crops, and fiber crops shall not be harvested for thirty (30) days after application of by-product material;

5. Animals shall not be grazed on the land for thirty (30) days after application of by-product material;

6. Turf grown on land where by-product material is applied shall not be harvested for one (1) year after application of the by-product material when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the Department;

7. Public access to land with a high potential for public exposure shall be restricted for one (1) year after application of by-product material; and

8. Public access to land with a low potential for public exposure shall be restricted for thirty (30) days after application of by-product material.

(2) One of the land application requirements listed below shall be met when FPR is land applied:

(a) Subsurface injection (material is placed underneath the soil surface and is immediately incorporated into and under the soil surface), unless otherwise approved by the Department on a case-by-case basis. The Department may require the Distributor to demonstrate that the requested alternative method of application will provide control of odors and vectors at least as effectively as subsurface injection, or

(b) The pH of by-product material shall be raised to twelve (12) or higher by alkali addition and, without the addition of more alkali, shall remain at twelve (12) or higher for thirty (30) minutes.

(3) By-products, including but not limited to FPR, shall not be applied to the land if the concentrations of any constituent listed in ADEM Admin. Code r. 335-13-16 -Appendix I exceeds the ceiling concentration and either the cumulative loading rate or the monthly average concentration found in ADEM Admin. Code r. 335-13-16 -Appendix I.

(4) The annual agronomic rate for by-product material land applied shall not exceed the annual agronomic rate, as applicable, calculated using Equation 1, or other Department approved method:

Equation 1: Click to view image, where AAR is the annual agronomic rate in gallons per acre per 365-day period and N is the amount of nitrogen in pounds per acre per 365-day period needed by the crop or vegetation grown on the land.

(5) All transport and application site staging shall adhere to ADEM Admin. Code r. 335-13-16-.05(3).

Ala. Admin. Code r. 335-13-16-.07

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022.

Authors: S. Scott Story; Richard T. Kelsey

Statutory Authority: Code of Ala. 1975, §§ 22-27-9, 22-27-12.