| (C) Utilize the results of these analyses in determining
application rates for manure, sludge, and wastewater.
(2) Annual sampling. The operator shall:
(A) collect and analyze at least one representative
sample of manure, sludge (if applicable), and wastewater, for total
nitrogen, total phosphorus, and total potassium;
(B) collect and analyze at least one representative
soil sample from each LMU where manure, sludge, or wastewater was
applied during the preceding year according to the procedures in paragraphs
(4) and (5) of this subsection; and
(C) utilize the results of these analyses in determining
application rates for manure, sludge, and wastewater.
(3) The operator shall make the most recent nutrient
analysis available to any recipient of manure, sludge, or wastewater.
(4) Sampling procedures. The operator shall employ
sampling procedures using accepted techniques of soil science for
obtaining representative samples and analytical results.
(A) Samples shall be collected using approved methods
described in the agency's guidance RG-408 entitled "Soil Sampling
for Concentrated Animal Feeding Operations."
(B) Samples shall be collected by the operator or its
designee and analyzed by a soil testing laboratory annually.
(C) Obtain one composite sample for each LMU and per
uniform soil type (soils with the same characteristics and texture)
within the LMU.
(D) Composite samples shall be comprised of ten to
15 randomly sampled cores at a depth of zero to six inches.
(5) Laboratory analysis. The operator shall have a
laboratory analysis of the soil samples performed for physical and
chemical parameters to include: nitrate reported as nitrogen in parts
per million (ppm); phosphorus (extractable, ppm, using Mehlich III
extractant with Inductively Coupled Plasma (ICP) analysis); potassium
(extractable, ppm); sodium (extractable, ppm); magnesium (extractable,
ppm); calcium (extractable, ppm); soluble salts (ppm) or electrical
conductivity (deciSiemens/meter (dS/m) or millimhos/cm (mmhos/cm)
determined from extract of 2:1 volume to volume (v/v) water/soil mixture);
and soil water pH (soil:water, 1:2 ratio).
(6) Soil samples shall be submitted to a soil testing
laboratory along with a previous crop history of the site, intended
crop use, and yield goal. Soil test reports shall include nutrient
recommendations for the crop yield goal.
(h) Nutrient utilization plans (NUPs).
(1) Manure, sludge, or wastewater shall not be land
applied to a LMU, unless the land application is implemented in accordance
with a detailed NUP when results of the annual soil analysis for extractable
phosphorus indicate:
(A) a level greater than 200 ppm; or
(B) a level greater than 350 ppm for an LMU where the
average annual rainfall is 25 inches or less, erosion control is adequate
to keep erosion at the soil loss tolerance (T) or less, and the closest
edge of the field is more than one mile from a named stream; or
(C) if ordered by the commission to do so in order
to protect water in the state.
(2) An NMP, based on crop removal, certified in accordance
with NRCS Practice Standard Code 590 complies with the requirements
of a complete and effective NUP.
(3) A NUP, based on crop removal, shall be developed
by an employee of the NRCS, a nutrient management specialist certified
by the NRCS, the TSSWCB, Texas AgriLife Extension Service, an agronomist
or soil scientist on full-time staff at an accredited university located
in the State of Texas, or a professional agronomist or soil scientist
certified by the American Registry of Certified Professionals in Agronomy,
Crops and Soils, after approval by the executive director based on
a determination by the executive director that another person or entity
identified in this paragraph cannot develop the plan in a timely manner.
No land application under an approved NUP shall cause or contribute
to a violation of water quality standards or create a nuisance.
(4) Land application under the terms of the NUP may
begin as soon as the plan is developed in accordance with this subsection.
After a NUP has been implemented, the operator shall land apply in
accordance with the NUP until soil phosphorus is reduced below 200
ppm. Thereafter, the AFO operator shall apply manure, litter, or wastewater
at agronomic rates according to the requirements of this section.
(i) Recordkeeping requirements.
(1) Records required under this subsection must be
kept on site for a minimum of five years from the date the record
was created. Any AFO operator that does not use an RCS is not subject
to subparagraphs (B) - (D) and (F). Unless otherwise specified, records
shall include:
(A) a list of any significant spills of pollutants
with the potential to reach water in the state;
(B) a schedule for liquid manure removal;
(C) a date log indicating weekly inspection of wastewater
level in the RCS;
(D) a log of all measurable rainfall events;
(E) a copy of the results of initial and annual soils,
manure, sludge, and wastewater analyses;
(F) records of dates of inspection of the RCS, and
a log of the findings of such inspections;
(G) the groundwater monitoring plan associated with
the use of a playa;
(H) site-specific documentation that no significant
hydrologic connection exists between the wastewater in the RCS and
water in the state;
(I) any written agreement with a landowner which documents
the allowance of nighttime application of manure, sludge, or wastewater;
and
(J) a copy of the NUP, if required.
(2) For facilities where manure, sludge, or wastewater
is applied on LMUs, such records shall include the following information:
(A) the date of manure, sludge, or wastewater application
to each field;
(B) the location of the specific LMU and volume or
amount applied during each application event;
(C) the acreage of each individual crop on which manure,
sludge, or wastewater is applied;
(D) the assumptions for calculating the total amount
of nitrogen and phosphorus applied per acre to each field, including
sources of nutrients other than manure, sludge, and wastewater on
a dry basis;
(E) the percentage of moisture content of the manure
and sludge; and
(F) the actual annual yield of each harvested crop.
(3) Where manure, sludge, or wastewater, if applicable,
is sold or given to other persons for off-site land application or
disposal, the operator must maintain a log of: the date of removal
from the AFO; the name and address of the recipient; and the amount,
in wet tons, dry tons, or cubic yards, of manure or gallons of wastewater
removed from the AFO. (A single pickup load need not be recorded.)
(j) Documentation of liner maintenance. The operator
shall have an NRCS engineer, licensed Texas professional engineer,
or licensed Texas professional geoscientist review the documentation
and conduct a site evaluation every five years.
(k) Groundwater monitoring. In the event that groundwater
monitoring is required by §321.41 of this title or required by
the executive director, the operator shall annually collect a groundwater
sample from each well that provides water for the facility. Each sample
shall be analyzed for nitrate as nitrogen and chloride where groundwater
monitoring is required by §321.41 of this title and analyzed
for nitrate as nitrogen, chloride, and total dissolved solids where
groundwater monitoring is required by the executive director. The
operator shall use the methods outlined in the groundwater monitoring
plan, and compare the analytical results to the baseline data. Data
from any required monitoring wells must be submitted to the executive
director and kept on site for five years. The first year's sampling
shall be considered the baseline data and must be retained on site
for the life of the facility, unless otherwise provided by the executive
director. If a 10% deviation in concentration of any of the sampled
constituents is found, the operator must notify the executive director
within 30 days of receiving the analytical results.
(l) Inspections. The AFO operator must conduct the
following inspections to assure the facility maintains its efficiency.
Records of inspections shall be maintained for a period of five years.
Cont'd... |
