ILLINOIS POLLUTION CONTROL BOARD
March
 28,
 1972
In the matter of
PLANT NUTRIENTS
 )
 R 71-15
Opinion of the Board
 (by
 Mr.
 Aldrich)
Plant nutrients are relative newcomers
 to the growing list of
environmental
 concerns.
 Illinois
 is
 an appropriate
 state in
which
 to examine
 the role of nutrients because
 it has
 in recent
years
 led
 all states
 in the application of major plant nutrients
(nitrogen, phosphorus,
 potassium).
 The Pollution Control Board
in May,
 1971, approved proposals for public hearings on the
application of fertilizers,
 animal wastes,
 and sewage sludge and on
controlled access of livestock to streams.
 The purposes of the
hearings were to determine:
1.
 Whether plant nutrients are creating pollution problems by
reaching surface or underground waters
 in excessive amounts.
2.
 The present state
 of knowledge on the extent to which
fertilizers and animal manure contribute to pollution problems.
3.
 Whether
 steps can be taken
 to correct pollution problems in
the event that problems
 are identified and agricultural
practices are
 found to be important contributors.
 Two
 approaches were to be considered:
 a)
 adoption of rules and
regulations,
 and h)
 reliance upon needed research, education
and voluntary changes
 in practices.
4.
 The impact
 of alternative courses of action both on the
environment and on food supply and costs.
5.
 The administrative feasibility of rules
 and regulations.
When
 the proposals were distributed
 for hearing purposes, no decision
had been made
 that regulations would be adopted.
The testimony developed by more than
 80 witnesses
 in ten public hearings
combined with extensive exhibits produced
 a comprehensive record of
available information on the status and trends of nitrates
 and phosphates
in streams,
 the
 role of crop production practices
 in determining the
plant nutrient content of surface waters
 and the environmental and
economic consequences of alternative practices.
 But it also revealed
major deficiencies
 in available information on which to base our
decision in the matter of plant nutrients.
4
 —
 127
NITROGEN
Harmeson reported an increase in nitrate content of surface waters
since extensive records began in 1945
 (Nov.
 3,
 pp.
 157-170).
 The
magnitude of
 the increase
 is difficult to assess because continuous
long-term records at the same sampling sites are
 lacking.
 In some
streams the Water Quality Standard of
 10 mg/l nitrate nitrogen
(45 mg/l nitrate),
 R 71—14,
 is frequently violated especially
 in
east—central Illinois.
 Sources of excess nitrates in streams
 are
well known but
 the magnitude of the contribution of each is unknown.
Increases
 in fertilizer nitrogen and in the acreage
 of row crops are
the most likely contributors.
 Dr.
 Kohl described
 a technique
 (Dec.
 10,
pp.
 23-41) which he claimed could iaentify the nitrate in water which
traced directly to fertilizer.
 The methodology was challenged by
TVA scientists Edwards
 (Dec.
 10,
 pp.
 207-214)
 and Hauck
 (Dec.
 10,
pp.
 233—262).
 The experts could not resolve the controversy even
after extended debate and
 a subsequent conference.
 Nor does the
record demonstrate any alternative to commercial fertilizer that would
provide adequate food without an equal potential for exporting nitrates
to surface and groundwater.
 None of the expert witnesses could
 say
whether the substitution o~livestock and human wastes or of nitrogen-
fixing legumes
 for fertilizer nitrogen would reduce the amount of
nitrates that
 leach through or run off
 the soil.
The record clearly supports the conclusion that within
 a given
 set
of supporting cultural practices,
 the greater the amount of nitrogen
applied the greater the potential for loss
 to ground and surface
waters
 (Nov.
 3,
 p.
 52).
 But farmers who produce the highest yields
and apply the highest rates of nitrogen may produce
 a unit of crop
with
 less potentially leachable nitrate than farmers who produce
average yields.
 Surveys reveal that recent increases
 in nitrogen con-
sumption in Illinois,
 and for the entire Cornbelt, are due
 to higher
rates being applied on previously underfertilized fields.
 The pro-
portion of fields that receive more than 150 pounds per acre has
decreased in recent years.
Several witnesses questioned the credibility of
 10 mg/l nitrate
nitrogen
 (45 mg/l nitrate)
 as
 a suitable standard
 for public drinking
and food processing water.
 The present standard is intended mainly
for the protection of infants against possible methernoglobinemia
(blue baby syndrome).
 Testimony
 in the record supplemented by the
exhibits
 is confusing and inconclusive.
 The record shows that methemo-
globinemia is almost non-existent
 in Illinois,
 only one case having
been confirmed in Illinois in the past ten years and it was from a
 private well.
 Dr.
 Gelperin reported
 a relationship between nitrate
in drinking water and methemoglobin
 in pregnant women and infants but
found no observable effects during the study period
 (Aug.
 4,
 pp. 121-
123),
 Numerous examples
 are cited
 in the record where
 the standard
is exceeded in farm wells by a factor of
 two to ten times with no known
health effects among humans
 or livestock,
 As was pointed out by
Dr.
 Kohl,
 this does not constitute proof of no harmful effect,
 but
it raises questions on the status of the standard.
 The nitrate
4
 —
 128
standard of 10 mg/l nitrate nitrogen
 for public drinking
 and food
processing water is not new.
 it was
 a part of SWB-l4 adopted in 1967
and was included in the
 U.
 S. Public Health Standards as early as
 1962.
The question raised
 is not whether low nitrate
 is desirable but
whether the present standard is justified by an analysis of the
benefits and
 costs of achieving
 it.
High nitrate content is some farm wells
 is,
 according
 to the
 record,
not traceable
 to nitrogen fertilizer but rather to septic systems or
animal wastes and appears to be most common
 in the Illinoia~
glaciation area of southern and western Illinois.
The productivity of Illinois soils is an irreplaceable resource.
About
 40 percent of the nitrogen and organic matter have been lost
from
 the surface soil as
 a result of farming.
 We recognize that
 the
preservation of soil productivity
 is an important environmental goal
but
 the record does not establish the role of nitrogen fertilizer in
achieving
 it.
 Commoner asked us to adopt
 the
 regulations on which
 the
hearings were based though he did not feel
 that this would reduce the
nitrogen content of waters.
 It would in his view be
 a step in the
right direction.
 He maintained that Illinois agriculture was
 “out of
balance”
 and that nitrogen fertilizer aggravated
 the situation.
 He
proposed a return to more reliance on organic sources and
 less on
fertilizer.
 His views are contrary to those of many soil scientists.
Furthermore
 a 40
 decline
 in soil nitrogen and organic matter occurred
before the widespread use of nitrogen fertilizer.
 In any event we
prefer to await additional information as indicated below, before imposing
any limitations
 on fertilizer use.
 Even though many farmers testified
that present practices met the proposed standard,
 to regulate it would
 limit future increases and we do not have adequate cost—benefit infor-
mation to justify that result at the present time.
Swanson reported that regulations
 that reduce the amount of nitrogen
fertilizer applied
 for corn in Illinois would reduce the income of
Illinois farmers but would have little effect on food prices.
 If
restrictions were imposed throughout
 the cornbelt,
 the burden would
shift from farmers to consumers in the form of higher food prices
 (Ex.
 19).
Many farmers testified that because of their intimate and continuing
contact with the environment,
 they have
 a special sense of stewardship.
They alleged that this in combination with the fact that plant nutrients
are valuable production factors which are costly to replace, serve
as
 a substantial deterrent
 to excessive or misapplication of fertilizer.
They maintained that,
 if research identifies problems resulting
 from.
fertilizer practices, education programs and economic considerations
will be adequate to protect the environmental interests
 of society.
But what may not be excessive from the farmer point of view may be
 too
much for
 the good of society for his calculation do not include possible
adverse effects downstream.
 Based on the record we
 feel that research
on the optimum economic rates of applied nitrogen is extensive
 (Aug.
 3,
pp.
 24-30;
 Ex.
 19,
 p.
 5)
 but deficient in the relationship of rate
 to
the nitrate content of waters which receives the drainage from cropland.
4
 —
 129
We conclude
 that the water quality standards for nitrate nitrogen are
presently being vidlated
 in certain streams of the
 state
 and that the
potential nitrate problem will grow as the demand for food increases.
The record has not demonstrated
 that health effects have resulted,
Deficiencies
 in available knowledge on the credibility of the nitrate
standard, on
 the contributions of various nitrogen sources
 to nitrates in
water,
 on the effectiveness of possible control measures
 and on
undesirable
 side effects on the environment from alternative practices
convince us that
 at. this time we should make provision for more inform-
ation
 on which to decide
 the
 issue rather than to promulgate regulations
of
 unpredictable
 effectiveness
 and
 side
 effects~
 Accordingly
 we
 shall
ask
 the
 Institute
 for Environmental Quality to
 give
 high priority
to obtaining information on nitrates which will provide
 a basis
 for
early
 reconsideration
 of
 the
 matter,
Specifically
 we
 request
 the
 Institute
 to
 develop
 an
 implementation
plan
 for
 achieving
 the
 standard
 of
 10
 mg/I
 nitrate
 nitrogen
 in
 public
drinking
 and
 food
 processing
 water
 or,
 if
 Institute
 studies
 show
 that
the
 cos~
 to
 achieve
 compliance
 are not justified by
 the
 benefits,
 to
propose
 a revision,
 Perhaps additional research will be required
 in
stream sampling,
 in conriec~tionwith applications
 of fertilizer,
 animal
and human wastes,
 in groundwater hydrology,
 and in
 cropping
 systems
before an implementation plan can be developed.
 We suggest that
 the
Institute also
 consider
 the
 technical
 feasibility
 and
 economic
 reason-
ableness of removing nitrates
 from public drinking
 and food processing
water in case
 a choice becomes necessary at
 a future date between
 nitrate removal versus major adjustments
 in food production practices
in order to reduce the sources
 of nitrates.
 Specific suggestions
 for
needed agricultural research are
 list.ed
 in
 a supplemental opinion by
Board Member,
 Mr.
 Aldrich.
The position of the Federal EPA appears
 to be in basic agreement with
our decision as indicated
 in testimony introduced
 into our record:
“The development of fertilizer application management plans
will require full evaluation of
 the nutrient availability
and retention capability
 of various soil
 types in particular
agricultural areas.
 The capability of existing programs,
such as those of the
 Ti,
 S. Department
 of Agriculture
 and
State and local Agricultural Agencies should be brought
 to
bear
 toward developing the essential information
 for complete
watersheds
 and soil structure types
 at an early date.
 Start-
ing now with available information,
 guidelines for fertilizer
application, including optimum and maximum recommended rates
should be developed.
 The voluntary use of the guidelines
 in
the fertilizer program for individual farms should be encouraged.
Effective use must
 be made of the available educational and
technical assistance programs
 at the Federal,
 State,
 and local
levels”
 (Ex.
 72,
 p.
 10).
4
 —
 130
PHOSPHORUS
Based on
 this
 record
 and
 the
 record in R 70-8 (Effluent Standards),
R
 70—12
 (Des
 Plaines
 Water
 Quality),
 R
 71-10
 (Phosphorus
 in
 Detergents
and
 other
 Cleaning
 Products),
 and
 R
 *7l_14
 and
 R
 71-20
 (Water
 Quality
Standards)
 ,
 we
 do
 not
 now
 propose
 to
 regulate
 the
 time
 and
 rate
 of
applications
 of
 phosphorus
 in
 fertilizers.
 Phosphorus
 has
 bean
 shown
to
 be
 a
 serious
 water
 contaminant in
 the
 Fox
 River
 as
 well
 as in
Lake
 Michigan
 and
 other
 still
 waters,
 but
 not
 in
 flowing
 streams
generally.
 Nor
 has
 the
 evidence
 stressed
 the
 contribution
 of
 fertilizer
runoff
 in
 these
 Illinois
 waters
 subject
 to
 serious phosphorus problems.
In
 this
 connection
 it
 should
 be
 understood
 that
 phosphorus
 in
 land
runoff
 is
 not
 to
 be
 ecuated
 to,phosphorus
 in
 fertilizers.
 it
 also
includes
 phosphorus
 contributed
 by
 decaying grass,
 leaves
 and
 other
vegetation
 and
 erosion
 from
 both
 non—farm
 and
 farm
 areas
 and
 live-
stock
 wastes.
Based
 upon
 expert
 testimony
 by
 Dr.
 Ralph
 Evans,
 Head
 of
 the
 Water
Quality
 Section
 of
 the
 State
 Water
 Survey
 we
 stated
 in
 the
 Board
Opinion
 in
 R
 71-10:
 “The
 effect
 of
 nutrients
 on
 flowing
 midwestern
streams has been negligible
 and there
 is no substantive evidence
supporting the view that. phosphorus
 in these streams is
 a major water
quality degradent.”
The behavior of phosphorus fertilizer when applied to the
 soil is
well known.
 Illinois soils
 have retention capacities for phosphorus
far
 in
 excess
 of
 the
 amounts
 applied
 in
 fertilizer.
 Hence
 phosphorus
in tile drainage effluent is little affected by fertilizer applications.
According to Dr. Nelson
 (Ex.
 29(e),Table
 4), about one percent of
surface—applied phosphorus was carried in solution in surface runoff
from
 a
 relatively
 steep
 slope
 following
 heavy
 rainfall.
 An
 additional
amount
 was
 carried
 off
 in
 association
 with eroded soil particles.
 In
future
 hearings
 we
 expect
 to
 take
 a closer look
 at erosion as
 a source
of
 phosphorus.
From
 1962
 to 1970 while use
 of
 fertilizer
 phosphorus
 in
 Illinois
tripled,
 data
 from
 the
 Illinois
 State
 Water
 Survey
 show
 the
 following:
—the
 average
 annual concentration of filterable phosphorus in
the
 Illinois
 River
 at
 Peoria
 was
 constant except for excursions
above
 the
 average
 in
 1963
 and
 1964.
-neither filterable nor total phosphorus increased in the
Kaskaskia River at Shelbyville.
-filterable phosphorus did not increase in representative small
streams (Embarrass River, Elkhorn,
 Seven Mile and Wolf Creeks).
From this record and from others involving phosphorus we believe
that research is needed on the
 relative
 availability
 to aquatic plants
of
 phosphorus
 that
 is
 in
 solution,
 in
 organic
 matter,
 or
 adsorbed
 on
soil particles.
4—
 131
Though we have decided that regulations
 on phosphorus fertilizers
should not be imposed at this
 time we must register our concern for
prudent use of fertilizer in order
 to conserve finite reserves of
phosphorus
 in economically recoverable form for future use.
 A highly
productive
 soil is
 a relatively good place
 to store reserves provided
 erosion
 is controlled.
 But erosion
 is not completely controlled.
Furthermore
 there
 is an inexorable slow chemical transformation to
relatively less plant-available
 forms.
FENCING LIVESTOCK FROM STREAMS
The hearing record on the fencing of livestock out of streams except
for reasonable access
 for drinking or crossing
 is singularly one—sided.
No one testified as
 to the need for such
 a regulation.
 Several farmers
testified at each of the nine hearings where
 an opportunity was afforded
to
 the effect that the proposal was unnecessary, unworkable, uneconomic
and perhaps environmentally undesirable.
Livestock in and near streams which may at some point be used for
public drinking or food processing water
 is esthetically unpleasant.
Furthermore,
 the Water Quality Criteria book
 (U.
 S. Department of
Interior)
 lists leptospiro~isas
 a disease hazard from livestock urine
in streams.
 Dr.
 Hanson, College of Veterinary Medicine, University
 of
Illinois, reports
 that there are several serotypes,
 some carried
primarily by wild animals, others by swine,
 cattle and dogs.
 The
disease
 is common among domestic livestock and can be contracted by
humans from swimming in infected waters.
Since all streams eventually reach waters that are used for public
drinking or food processing water,
 a fencing requirement y~ouldapply
to all streams.
 Animals, wild or domesticated,
 in and near streams
are nothing new.
 When massive herds
 of buffalo roamed the Illinois
prairies,
 the condition of some streams must have been incredibly bad,
Farmers maintained that as long
 as the number of livestock did not
exceed the carrying capacity of the pasturage,
 the assimilative
capacity of the stream would not be exceeded.
 The
 issue,
 therefore,
more appropriately belongs in the hearings on livestock wastes where
the matter of wastes
 from large concentrations of livestock will be
considered.
Fencing streams
 is very costly.
 Fences will be repeatedly
 torn out
by high water.
 Fencing will reduce the control of noxious weeds.
The high cost of fencing would make uneconomical
 the utilization of
large acreages of rough
 land for grazing,
 the only use to which it
is suited.
 As
 a consequence,
 farmers would likely increase their
acreages of cropland
as.a
means
 of compensating for their lost
income.
 This would lead to additional floods and erosion which would
be more environmentally undesirable than grazing along or crossing
streams.
We conclude
 that at this time we should not require fencing of
 grazing
 livestock
 from
 streams.
 The
 matter
 will
 be
 further
 examined
in
 the
 livestock
 waste
 hearings
 in
 order
 to
 assure
 that
 the
 runoff
from
 feedlots
 and
 other
 livestock
 concentrations
 does
 not
 pollute
surface
 waters.
 The
 matter
 of
 leptospirosis
 was
 not
 covered
 in
 the
record.
 It
 merits
 further
 attention
 and
 is
 being
 pursued
 with
 the
Director
 of
 the
 State
 Department
 of
 Public
 Health
 and
 the
 Department
of
 Veterinary
 Pathology
 and
 Hygiene,
 University
 of
 Illinois.
SLUDGE
The
 proposal
 relating
 to
 sewage
 sludge
 and
 effluent
 was
 intended
to
 limit
 the
 application
 of
 available
 nitrogen
 to
 the
 same
 level
 as
in
 fertilizer.
 Since
 we
 have
 not
 adopted
 a.
 limit
 on
 nitrogen
 rate,
we
 are
 not
 suggesting
 a
 regulation
 on
 sewage
 sludge.
 Adequate
safeguards
 can
 be
 developed
 by
 the
 Environmental
 Protection
 Agency
in
 connection
 with
 site
 approval
 augmented
 by
 surveillance
 after
 the
sewage
 material
 application
 is
 in
 progress.
Board
 Member
 Mr.
 Aldrich
 has
 prepared
 a
 Supplemental
 Opinion
 in
much
 greater
 detail
 on
 the
 sections
 on
 nitrogen
 and
 phosphorus.
I, Christan L. Moffett,
 Clerk of the Pollution Co trol Board,
 ce tify
that the Board adopted the above Opinion this~
 ‘day of
 ,
 1972
by a vote of 5-0.