Region 6 Agriculture Committee 2008 Highlights Region 6's Agriculture Committee is made up of representatives from various Divisions and Branches that have a role in environmental man- agement of the agriculture sector. This annual report is meant to capture regional highlights and successes. This report is developed from input by Agriculture Committee members. January 2009 ------- AIR QUALITY. EPA Region 6 Agriculture Committee 2008 Highlights The National Air Emissions Monitoring Study The National Air Emissions Monitoring Study (NAEMS) is being conducted to update and provide more accurate emissions factors for confined animal feeding operations. The study will take place at a number of AFOs (animal feeding operations) in the swine, dairy, broiler chicken, and egg industries nationwide. EPA Region 6 staff and personnel from the Oklahoma Department of Environmental Quality travelled to Guymon, Oklahoma during September 2008 to accompany the Office of Air Quality and Planning Standards (OAQPS) on an audit of a swine farrowing facility for the NAEMS. A walk-through of the facility was conducted to verify locations of air sampling inlets followed by an interview to discuss daily data collection operations. OAQPS and ODEQ may have further discussions on PM10 TEOM (continuous non-filter based monitoring via Tapered Element Oscillating Microbalance) monitoring maintenance feasibility. OAQPS' primary concern is the lack of VOC monitoring at all sites audited to date. However, there were no site-specific shortcomings and OAQPS stated that operation of this site was better than at the majority of sites audited. Contact Person: Regina Krystyn, 214-665-7128 CAFO General Permit Region 6 is currently in the process off developing National Pollutant Discharge Elimination System (NPDES) General Permits for Concen- trated Animal Feeding Operations (CAFOs) in New Mexico and Oklahoma. The Region 6 NPDES Permits and TMDL Branch proposed for public comment the issuance of an NPDES general permit for discharges from CAFOs in New Mexico on January 20, 2009. This is the first NPDES permit in the nation to incorporate the 2008 Final CAFO Rule. The Branch plans to propose the NPDES general permit for discharges from CAFOs in Oklahoma by March 2009. The proposed permits can be found at http://www.epa.gov/region6/water/npdes/genpermit/index.htm. Contact person: Scott Stine, 214-665-7182 ------- ENFORCEMENT Real-Time Enforcement Pilot Project The Water Resources section has added a new tool to the enforcement tool box. The new tool termed "Real-time Enforcement" was approved as a pilot project for use in FY 08. This tool is designed to instantaneously address obvious problems with obvious solutions when the problems are identified. The traditional method of inspect, return to the office, write the inspection report, route the report to enforcement, enforcement takes action, is becoming a way of the past. Key aspects of the pilot project are: Inspections are conducted by senior technical staff, which have experience as enforcement officers and inspectors, and have extensive knowledge of the sector being inspected; • The Inspector/Enforcement Officer must be able to identify violations, know how to solve the problems and prepare the proper enforcement order; • Administrative Orders are prepared in the field, the same day of the inspection, sent electronically to the program office and to legal for review, and then they are sent to the Division Director for signature; • The signed Order is returned electronically (as a pdf) to the inspector/enforcement officer, the Order is printed out in the field and delivered to the facility, and reviewed with the facility operator, if possible; and • When inspector/enforcement officer returns to the office, the Order is sent to file, entered into ICIS, and copies are sent to program and appropriate state agency. Inspection report is written within 30 days and sent to the program, facility and the appropriate state agency. Problems that can be addressed include: unauthorized discharges; improper operation and maintenance; poor record keeping; and sampling problems. Problems that cannot be addressed include: complex problems that cannot be clearly identified; complex problems with no obvious solutions; and problems that take more than 90 to 180 days to resolve. Original agreements were for the pilot study to include 10 site inspec- tions, but 11 were actually completed. Of the 11 completed, 5 resulted in Cease & Desist Administrative Orders (AO) for unauthorized discharges to waters of the United States; 5 resulted in AO's for permit violations; and 1 facility had closed operations (nothing issued). Turn-Around Time from Inspection to Issuing an AO Fluctuated From Less Than 24 hrs to a Few Days. Benefits of Real-Time Enforcement Include: timely enforcement actions; immediate correction of identified problems (identify violations and address them on-the-spot, brainstorm and suggest solutions and educate); clear communication of outcome of the inspection to regulated facility (no questions or uncertainty); and improved protection of human health and the environment. Contact person: Jeremy Seiger, 214-665-8044 Case Study #1 Inspected on 3/13/08, identi- fied unauthorized discharge. Administrative Order issued on 3/14/08. Verified clean-up on the 3/17/08. Case Study #2 The facility was composting mortalities in rows of poultry manure and runoff from the site was flowing to an unapproved pond then overflowing and discharging to a creek. Following the receipt of the Order, the facility removed the compost material, reseeded the area and is currently com- posting dead animals in a compost barn. Runoff from mortality compost pile to a pond and then to a creek. Inspected on 7/7/08, Administrative Order issued on 7/23/08 after receipt of analytical results (Left) Sample from Discharge (Right) Sample from Water Well EPA Region 6 Agriculture Committee 2008 Highlights ------- ENFORCEMENT. ^X. r? I DiKharge P.lh Dairy Outreach Program Area (DOPA) Training in Sulphur Springs, Texas EPA Region 6 was invited to participate in the annual training of operators of dairy concentrated animal feeding operations (CAFOs) located in environmentally sensitive areas in Texas. All CAFO operators in environmentally sensitive areas of the state, which are known as Dairy Outreach Program Areas (DOPA), are required to complete an 8-hour training course on best management practices for animal waste management. The training is organized by the Texas Cooperative Extension Service, Texas A&M University. The DOPA training for dairy operators in Hopkins County was held on Tuesday October 28, 2008, at the Southwest Dairy Center in Sulphur Springs, Texas. One of the issues discussed during this training is what to expect when EPA inspects a facility. EPA and the Texas Commission on Environmental Quality (TCEQ) have recently conducted joint inspections in Hopkins County in response to citizen complaints. Technical Contact: Abu Senkayi, 214-665-8403 EPA Region 6 CAFO Inspection and Enforcement Activities In 2008, the Region inspected 43 CAFOs in Oklahoma and New Mexico where EPA Region 6 is the CAFO permitting and enforcement authority. The Region also conducted/partici- pated in 7 joint/oversight inspections with Arkansas and Texas which are delegated states authorized to implement their CAFO permitting and enforcement programs. EPA Region 6 Agriculture Committee 2008 Highlights During one of these joint inspections, EPA and state inspectors observed a discharge of process wastewater to a water of the U.S. The inspectors collected water samples (WS) along the discharge route (see Figure 1). The results (shown in Figure 2) indicate that ammonium nitrogen (NH4-N) and dissolved phosphorus are initially the major pollutant species in the discharged wastewater (see photo). Further away from the discharge point, nitrate nitrogen (NO3-N) becomes the major species. Sampling results, such as shown in Figure 2, are routinely used to prove discharge to waters of the U.S. and to support EPA's enforcement actions against any CAFOs found to be discharging pollutants to waters of the U.S. Contact persons: Abu Senkayi, 214-665-8403 Jerry Saunders, 214-665-6471 Jeremy Seiger 214-665-8044 Figure 2 - Nutrient Concentration Along the Discharge Flowpath 4300 6300 8300 10300 Distance from Source (It) ------- PESTICIDES Container-Containment Rule for Pesticides The Container-Containment (CC) rule was published in August 2006. The Container-Containment rule affects the following agricultural entities: retailers, commercial applicators, custom blenders, refillers and registrants. The Container rule portion seeks to minimize human exposure during container handling; facilitate container disposal and recycling; and encourage use of refillable containers. Under the Container rule, refillers/retailers will have to: (1) Obtain cleaning procedures, keep records, (2) Clean refillables containers before filling with pesticide, if cleaning is necessary and (3) the pesticides users will have to follow rinsing instructions on label. Compliance by August 2011. The Containment rule seeks to protect the environment from releases at bulk storage sites; and protect the environment from spills and leaks at refilling & dispensing operations. Under the containment rule, need to consider 3 things to determine whether you must comply with the containment regulations: (1) Is my facility included?, (2) Do I need secondary containment?, and (3) Do I need a containment pad? Compliance by August 17, 2009. Technical Contact: Elizabeth Reyes, 214-665-3163 Pesticides Program Bi-annual Meeting with State Lead Agencies (SLAs) Pesticides program staff met with our five State Lead Agencies (SLAs) on October 28th & 29th. The Agriculture Division Director (Richard Colbert) from the Office of Enforcement and Compliance Assurance also attended the meeting. Agenda items of particular interest included Spray Drift Label Language, Federal Inspection Credentials Renewal, High Visibility State Enforcement Cases, and Certification & Training Turning Point Demonstration. Additionally, a site visit to the Lewisville Aquatic Ecosystem Research Facility (operated by the U.S. Army Corps of Engineers) was conducted to observe research into chemical and biological control of invasive aquatic plants, as well as aquatic habitat restoration techniques. Technical Contact: David W. McQuiddy and Pesticide Staff, 214-665-6722 Pesticides Program End of Year Assessments of State Lead Agencies Pesticide Program staff members conducted an End-of-Year program assessment with Arkansas State Plant Board (ASPB), Louisiana Department of Agriculture and Forestry (LDAF), New Mexico Department of Agriculture (NMDA), Oklahoma Department of Agriculture, Food, and Forestry (ODAFF), and Texas Department of Agriculture (TDA) from December 2nd-4th. All aspects of the pesticides program were reviewed. This included Enforcement, Worker Safety, Certification & Training, Endangered Species, Container/Containment, Imports, and Water Quality. Technical Contacts: State Lead Agencies Project Officers (Jerry Oglesby-ASPB, Jerry Collins-ODAFF, Eugene Thilsted-LDAF & TDA, Greg Weiler-NMDA) Technical Contact: David W. McQuiddy, 214-665-6722 Lewisville Aquatic Ecosystem Research Facility EPA Region 6 Agriculture Committee 2008 Highlights ------- PESTICIDES EPA Region 6 Agriculture Committee 2008 Highlights Pesticide Environmental Stewardship Program Awards Grants for 2008 The EPA Region 6 Pesticide Program awarded 1 grant related to Agriculture to the Oklahoma Department of Agriculture, Food, and Forestry titled: "Reducing Pesticide Risk Exposure to Commercial Peach and Pecan Orchards, Watermelon Farms and Plant Nursery Operations with Oklahoma's Pesticide Sensitive Location Viewer, and Innovative Communication Tool". Technical Contact: Eugene Thilsted, 214-665-7282 Strategic Agriculture Initiative (SAI) Program Awards Grants for 2008 ^ The Region 6 SAI Program awarded 3 grants during FY2008. These included: "Hands-on Experience in Integrated Pest Management for Farmers' Market Growers in Oklahoma and Arkansas" (Principle Investigator-Anita Poole with Kerr Center for Sustainable Agriculture); "Integrated Farm Management Education Program" (Principle Investigator-Dr. C. Allan Jones with Texas AgriLife Extension Service) and "Development of Web-based Helicoverpazea (Cotton Bollworm) Pyrethroid Insecticide Resistance Monitoring Database and Real-Time Information Delivery System (Principle Investigator-Dr. Patricia Pietrantonio with Texas A&M University AgriLife Experiment Station). Technical Contact: Eugene Thilsted, 214-665-7282 WATER QUALITY Improvement of Surface and Ground Water Quality Lake Creek, Oklahoma Lake Creek, in Caddo County, is located in one of the most intensive agricultural areas of the state. Education and implementation of best management practices, including reduced tillage, integrated pest management, and proper riparian zone management, have led to decreased loading of pesticides, nutrients, and sediment to the creek. As a result, fish communities have improved enough to allow removal of Lake Creek from Oklahoma's 303(d) list for unknown toxicity and pesticides. Further water quality improve- ments are ongoing in this region as part of the Fort Cobb Watershed Based Plan. Lake Creek is a 16 mile long gaining stream fed by shallow ground water that seeps out continuously along the stream banks. Approximately 92% of the Lake Creek watershed is used for the production of peanuts, cotton, wheat, alfalfa, and other small grain and row crops. Excessive and improper fertilization and pesticide use, coupled with very permeable, sandy, and highly erodible soils and very shallow ground water (< 40 inches below the soil surface), led to high levels of nutrients both in the surface water and shallow ground water and unknown toxicity thought to be related to pesticides. Fish collections at two sites along Lake Creek in 1990 revealed very poor biological conditions relative to area reference streams, with IBI Lake Creek, shown before BMP implementa- tion, is in an area of intensive agricultural land use. It has highly erodible soils and very shallow groundwater which seeps into the surface water, carrying high levels of nutrients and pesticides. Education and demonstration focused on reducing pesticide and fertilizer usage, as well as establishing riparian zones and excluding livestock from the stream, in order to improve the biological community. ------- .WATER QUALITY (Index of Biological Integrity) scores that resulted in a "not supporting" designation for the stream. Approximately 12 pesticides were detected in surface water and streamside seepage samples. Significant levels of the fungicide Botran were tentatively identified as well. Based on these results, Lake Creek was placed on the 303(d) list in 1998 as not supporting its fish and wildlife designated use due to unknown toxicity and pesticide impairment. An educational effort was directed toward the implementation of a farm management program for use in areas of shallow ground water where land uses directly affect ground water and, subsequently, surface water quality. A major focus of this program was the dissemination of information regarding potential cost savings for landowners through reduction of fertilizer and other chemical usage. Both one-on-one meetings and public sessions were held with the intent of reducing pesticide use by teaching peanut and alfalfa growers integrated pest management techniques, including proper weed and insect scouting, deter- mining pest thresholds, and interpreting soil test reports. In addition, producers were educated on proper fungicide use. Demonstration plots were established to illustrate best management practices (BMPs) for crop production to reduce nutrient, pesticide, and sediment loading, and riparian area demonstration projects exhibited appropriate vegetation management and cattle exclusion devices. BMPs which were implemented in the Lake Creek watershed from 1995-2002 include reduced tillage planting in peanut fields, riparian zone fencing, alternative livestock water source construction, grade stabilization structures, diversion terraces, deferred grazing, rotational grazing, and planting trees and other vegetation in riparian zones. Over 200 people attended the various educational presentations. Over 400 acres of pasture were converted to either deferred or ro- tational grazing, grade stabilization and diversion terrace structures were constructed, approximately 20,000 feet of stream exclusion fencing was erected, and vegetation was planted in critical riparian areas. As a result of these practices and the accompanying educa- tion of producers concerning proper pesticide and fungicide use, the fish community improved significantly. The median number of species caught in 1998 was 13.5, as compared to 6 in 1990, and the median number of fish caught was 637 versus 299 in 1990. The increase in these parameters improved the IBI scores for Lake Creek to the degree necessary to fulfill the state biological criteria in support of the Fish and Wildlife Propagation beneficial use. Additionally, samples of Lake Creek water and sediment failed to exhibit any toxicity using the same tests that had demonstrated toxicity in 1990. Based on these results, Lake Creek was removed from the 303(d) list for unknown toxicity and pesticides in 2002 and is in partial attainment of its Fish and Wildlife Propagation designated use. Lake Creek Fish Bioassessment 24 23 22 I" go 19 18 17 Fully Supporting ^ * Undetermined * + Not Supporting 16 1990 1998 Many groups contributed to the success of this project, including the Oklahoma Conservation Commission, Oklahoma Department of Agriculture-Forestry Division, West Caddo County Conservation District, North Caddo Conservation District, Oklahoma Cooperative Extension Service, Master Conservancy District, Natural Resource Conservation Service, and the Caddo County Soil Conservation Service. The crucial educational efforts were led by the Oklahoma Cooperative Extension Service and the Oklahoma Department of Agriculture (now Oklahoma Department of Agriculture, Food and Forestry) with the participation of the other agencies. EPA Clean Water Act 319 funds provided $280,441, while the State of Oklahoma supplied $186,961 toward the Lake Creek project. Contact: Randall Rush, 214-665-7107 Fish bioassessment results from 1990 and 1998. Circles represent the IBI scores of fish collections at two sites in Lake Creek; diamonds indicate the av- erage IBI score of the two sites. The improvement in these parameters re- sulted in an average IBI score which justified delisting (Oklahoma biocriteria allows pooling of data from multiple sites when they lie within the same reach). EPA Region 6 Agriculture Committee Highlights 6 2008 ------- WATER QUALITY. Potential sources of sediment and nutrients in the Salt Fork watershed before BMP implementation: fields were often culti- vated or grazed to the edge of the stream; riparian buffers were nonexistent or rare. 14 I2 1 I4" 2 0 2002 2004 2006 Assessment Year 14 1° f- 24 2 0 2002 2004 2006 Assessment Year EPA Region 6 Agriculture Committee 2008 Highlights Education and Demonstration Efforts Result in Turbidity Improvements Sandy and Yellowstone Creeks (Salt Fork Watershed), Oklahoma Sandy and Yellowstone Creeks, both located in the Salt Fork of the Arkansas River watershed in North Central Oklahoma (in Alfalfa and Woods Counties, respectively), were impaired for turbidity due in part to practices associated with crop and cattle production. Agricultural producer education and implementation of best management practices (BMPs) to promote conser- vation tillage, proper fertilizer application, integrated pest management, and riparian buffer establishment helped to decrease sediment and nutrients going into both creeks. As a result, Sandy Creek was removed from Oklahoma's 2004 303(d) list for turbidity impairment, and Yellowstone Creek has been nominated for removal from the state's 2006 303(d) list for turbidity. The Salt Fork is an agriculture-intensive watershed where wheat and alfalfa are the primary crops. Fields were often plowed to the edge of streams, and cattle often grazed at stream edges, both of which contributed to bank erosion. Consequently, streams in this watershed had high turbidity problems. Both Sandy Creek, 18mileslong, and Yellowstone Creek, 22 miles long, were placed on the 1998 303(d) list for not attaining their designated use of Fish and Wildlife Propagation (FWP) due to turbidity impairment. Educating agricultural producers was a top priority for the Salt Fork watershed program. Better management techniques for sediment, nutrient, and pest control, such as no-till and reduced till planting, proper fertilizer and chemical (pesticide, herbicide, fungicide) application, the use of crop varieties which require fewer chemicals, and riparian buffer zone establishment, were taught through multiple channels. Ten BMP demonstration projects showed producers that BMP implementation need not af- fect production volumes or their bottom line. Numerous educational meetings, tours, and field days, in combination with a website and newsletters also promoted the BMPs. During the project period, from 1999-2002, conservation tillage use within the Salt Fork watershed increased by 21% (to 88% of producers), soil test-based fertilizer application increased by 29% (to 67% of producers), and 78% of pro- ducers recognized the benefits of using vegetative buffers along streams. As a result, turbidity has decreased in the Salt Fork watershed. In the 2002 assessment, 13% of sea- sonal base flow water samples from Sandy Creek exceeded the turbidity criteria; in the 2004 assessment it was reduced A stream is considered impaired due to turbidity if 10% or more of the seasonal base flow water samples exceed 50 NTUs (based on five years of data proceeding the assessment year). The FWP designation is now fully attained in both creeks. ------- .WATER QUALITY to 8%, and in 2006, it was further reduced to 4%. Similarly, in 2002 Yellowstone Creek had a 10% exceedance of turbidity criteria, which by 2006 was down to only 6% exceedance. Both creeks now meet the requirements of their FWP use designation. Sandy Creek was removed from Oklahoma's 303(d) list in 2004, and Yellowstone Creek is expected to be removed from the state's 2006 303(d) list. EPA Section 319 funds provided $90,000 for the implementation of this project. The Oklahoma Conservation Commission supplied $60,000, which was used to subcontract with the Oklahoma State University Cooperative Extension to conduct education and demonstration tasks. Contact: Randall Rush, 214-665-7107 Demonstration of Reduced Pollutant Loads, Decreased Streambank Erosion, and Improved Biological Communities Peacheater Creek, Illinois River Watershed, Oklahoma Peacheater Creek, a 10.3 mile long stream in Northeast Oklahoma, and Tyner Creek, an adjacent stream 15 miles long, are subwatersheds in the larger Illinois River watershed. BMPs implemented in this project focused on riparian management and improvement, in addition to proper animal waste management and education in the Peacheater Creek watershed. Expected nutrient loading to Peacheater Creek, where BMPs were implemented through the 319 program, was significantly reduced as compared to Tyner Creek, the control watershed with no project-specific BMP implementation. In addition, measured streambank erosion was lower and biological communities showed greater improvement in the Peacheater watershed relative to the Tyner watershed. Peacheater and Tyner Creeks are tributaries to the Illinois River and Lake Tenkiller, waterbodies which have been impaired by excessive phosphorus, turbidity, and bacteria since at least the early 1990s and have been included on Oklahoma's 303(d) list since 1998. Both Peacheater and Tyner are impaired by Enterococcus (listed in 2006) and have been shown to contribute to the impairments present in the larger, receiving water- bodies. Due to their proximity to each other and their location in the Illinois River watershed, these two streams were chosen to demonstrate the effectiveness of BMPs to reduce delivery of nutrients, sediment, and bacteria to the Illinois River and Lake Tenkiller, using a paired watershed design to assess improvements. BMPs were implemented through a 319 project in the Peacheater Creek watershed from 1998 through 2002, and water quality was compared to that of the Tyner Creek watershed, a similar, adjacent watershed which received no project- specific BMPs. BMPs installed by 11 landowners in the Peacheater watershed included establishment of riparian buffers, alternative water supplies for cattle, construction of heavy use areas for feeding livestock and storing wastes, poultry litter transport out of the watershed, pasture management, and septic tank instal- lation or repair. Pre-implementation monitoring in both watersheds occurred from 1995-1998, with post-implementation monitoring from 2003 to 2005. The observed and predicted water quality improvements that resulted from continued.. Peacheater Creek (treatment) and Tyner Creek (control) wa- tersheds. Monitoring sites and locations of BMP implementation are depicted here. Agriculture Committee 2008 Highlights ------- WATER QUALITY. Peacheater Creek, Illinois River Watershed, Oklahoma continued... Treatment and Calibration Period Regressions K 12 •s ±'° a-S 1 = I ° E ~" 4 K . y^ . .^5^^- ^j " - ^j ^r 0 2 4 6 8 10 12 14 Control (Tyner) TP Load (In kg/yr) * calibration — calibration line • Treatment — treatment line Treatment and Calibration Period Regressions £ 14- St12 <" l£ in 1= 8- Q. — " 1 § E 4 Is n f * ^t*^**^^ * ^P*-'* ^^^_ * 9 10 11 12 13 14 15 Control (Tyner) TN Load (In kg/yr) * calibration — calibration line • treatment — treatment line 30 25 _ 1 - |o ii 5 0 ) _. , ' E i i * • [i " d Pre Post Pre Post Treatment (post-implementation) versus calibration (pre-implementation) regressionsfortotal phosphorus (TP) and total nitrogen (TN) loads. The lower values and decreased slopes for the treatment period indicate improved conditions over what was expected. implementation of BMPs in the Peacheater Creek watershed indicate that practices implemented at a similar intensity throughout the larger Illinois River watershed could provide significant reductions in loading both to the Illinois River and to downstream Lake Tenkiller. It is hoped that further implementation will allow the Illinois River to achieve the in-stream phosphorus standard of 0.037 mg/L (30 day geometric mean) by 2012. Funding for the project was a combination of federal monies from the EPA 319 program and state monies. The total cost of this project was approximately $800,000. This included $477,000 in federal dollars from EPA Section 319 and $318,000 in state dollars and cost-share funds from landowners. This project demonstrated that, in small agricul- tural watersheds, significant water quality improvement is possible with a relatively low investment in implementation of BMPs. Many different groups participated in the Peacheater Creek project, including the Oklahoma Conservation Commission, Adair County Conservation District, Cherokee County Conservation District, Oklahoma Department of Agriculture, Adair County Extension Service, Oklahoma State University Cooper- ative Extension Service, NRCS, Farm Services Agency, local producers, poultry integrators, and animal waste marketers. Contact: Randall Rush, 214-665-7107 Comparison of pre-implementation and post-implemen- tation streambank erosion in the Peacheater and Tyner Creek watersheds. Boxplots indicate the interquartile range (25th-75th percentile) and median of the data in the two periods. The Peacheater sites exhibited a statistically significant reduction in erosional area. Stream I't'iichcater Tyner Prc- Ini pic mental ion n 3 3 Median 89 293 Post- Implcmcntntion n 10 9 Median 275 349 Median total number of individuals collected in fish surveys (over 400 m reaches) during the pre-implementation versus post-implementation period, "n" represents the number of fish surveys. EPA Region 6 Agriculture Committee 2008 Highlights 9 ------- '*i PRO^ U.S. EPA Region 6 1445 Ross Ave. Dallas, TX 75202-2733 1-800-887-6063 www.epa.gov/region6 ------- |