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.

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