Mont. Admin. R. 4.12.620 - ADULTERATION OF FERTILIZERS AND SOIL AMENDMENTS BY TRACE METALS
(1) No person shall distribute an adulterated
fertilizer or soil amendment. Fertilizers and soil amendments distributed in
the state and required to be registered by the department are adulterated when
they contain metals in amounts that exceed the levels provided within this
rule.
(2) This rule establishes
metal standards for fertilizers and soil amendments that do and do not contain
waste or sewage sludge. Fertilizers and soil amendments that contain waste are
termed "waste-derived." "Waste-derived" is defined as any fertilizer or soil
amendment produced from or containing recyclable materials classified as a
waste under Code of Federal Regulations, Title 40, Parts 261.2 and 261.3 (
40 CFR
261.2 and
261.3
).
(3) Fertilizers and soil
amendments, whether waste-derived or not, that contain guaranteed amounts of
phosphates or micronutrients, except as exempted within this section, are
adulterated when they exceed the levels of metals established by the following
table:
Metals | ppm per 1% of P2O5 | ppm per 1% of Micronutrients |
Arsenic (As) | 13 | 112 |
Cadmium (Cd) | 10 | 83 |
Cobalt (Co) | 136 | 2,228* |
Lead (Pb) | 61 | 463 |
Mercury (Hg) | 1 | 6 |
Molybdenum (Mo) | 42 | 300* |
Nickel (Ni) | 250 | 1900* |
Selenium (Se) | 26 | 180 |
Zinc (Zn) | 420 | 2900* |
Footnote: * Only applies when not guaranteed.
(a) Fertilizers and soil amendments such as
compost, manures and manipulated manures or other organic matter, separately or
in combination with sewage sludge, even those products making nutrient claims,
are exempt from the table above, but are adulterated when the levels of metals
exceed the levels permitted in 40 CFR 503.
(b) These standards are not to be used to
evaluate growing media claiming nutrients, but may be applied to the sources of
the nutrients added to the media.
(c) Micronutrients can include iron,
manganese, zinc, copper, molybdenum, boron, cobalt, chlorine, nickel, and
sodium.
(d) To use the table:
(i) multiply the percent guaranteed
P205 or sum of the guaranteed
percentages of all micronutrients in each product by the value in the
appropriate column in the table to obtain the maximum allowable concentration
(ppm) of these metals;
(ii) the
minimum value for P205, utilized
as a multiplier shall be 6.0;
(iii)
the minimum value for micronutrients utilized as a multiplier shall be 1.0;
and
(iv) if a product contains both
P205 and micronutrients, multiply
the guaranteed percent P205 by
the value in the appropriate column and multiply the sum of the guaranteed
percentages of the micronutrients by the value in the appropriate column.
Utilize the higher of the two resulting values as the maximum allowable
concentrations.
(4) Fertilizers and soil amendments are
adulterated when the end product contains:
(a) Sewage sludge and the levels of metals
exceed the levels permitted in 40 CFR 503;
(b) Solid waste and the level of cadmium
exceeds the level permitted in 40 CFR 257; or
(5) When a
fertilizer or soil amendment is subject to standards referenced in both (3) and
(4) of this rule, the department will apply the more restrictive
standards.
(6) The Montana
Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261,
266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge
management, as published on December 27, 2002. A copy of these regulations can
be obtained by contacting the department at 303 N. Roberts, Helena, Montana,
59620-0201.
(7) Testing methodology
used by the department in analyzing metal content for the end product will be
for the intent of discovering the total metal content of a fertilizer or soil
amendment product. Such methodology includes AOAC Official Method 2006.03
(Arsenic, Cadmium, Cobalt, Chromium, Lead, Molybdenum, Nickel, and Selenium in
Fertilizers) or other comparable methods approved by the department.
(8) The department will coordinate with the
Montana Department of Environmental Quality (DEQ) on compliance actions
involving violations of standards in 40 CFR 257, 261, 266, 268 and 503. The
department may enter into a written agreement with DEQ to further clarify
agency responsibilities and procedures for coordinating separate or joint
actions.
(9) Nothing in this rule
may be construed as relieving a person from obligations to comply with all
state and federal laws regulating the disposal, use, and recycling of solid
waste, hazardous waste or sewage sludge.
Notes
80-10-301, MCA; IMP, 80-10-205, MCA;
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