Cadmium. A facility or practice concerning application of solid waste to within one meter (three feet) of
the surface of land used for the production of food-chain crops shall not exist or occur, unless
(1)(i) The pH of the solid waste and soil mixture is 6.5 or greater at the time of each solid waste
application, except for solid waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less.
(503.13 has no pH requirement and allows Cadmium..................................................at 85 mg/kg)
(ii) The annual application of cadmium from solid waste does not exceed 0.5 kilograms per hectare
(kg/ha) on land used for production of tobacco, leafy vegetables or root crops grown for human
(503.13 allows Cadmium................................................... at 1.9 kilograms per hectare)
Electronic Code of Federal Regulations (e-CFR)
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Title 40: Protection of Environment
PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND
PRACTICES
Subpart A—Classification of Solid Waste Disposal Facilities and Practices
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§ 257.3-5 Application to land used for the production of food-chain crops (interim final).
(a) Cadmium. A facility or practice concerning application of solid waste to within one meter (three feet)
of the surface of land used for the production of food-chain crops shall not exist or occur, unless in
compliance with all requirements of paragraphs (a)(1) (i) through (iii) of this section or all requirements
of paragraphs (a)(2) (i) through (iv) of this section.
(1)(i) The pH of the solid waste and soil mixture is 6.5 or greater at the time of each solid waste
application, except for solid waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less.
(ii) The annual application of cadmium from solid waste does not exceed 0.5 kilograms per hectare
(kg/ha) on land used for production of tobacco, leafy vegetables or root crops grown for human
consumption. For other food-chain crops, the annual cadmium application rate does not exceed:
------------------------------------------------------------------------
Annual Cd
application
Time period rate (kg/
ha)
------------------------------------------------------------------------
Present to June 30, 1984................................... 2.0
July 1, 1984 to December 31, 1986.......................... 1.25
Beginning January 1, 1987.................................. 0.5
------------------------------------------------------------------------
(under 503.13 allowed rate is ..............................................1.9)
(iii) The cumulative application of cadmium from solid waste does not exceed the levels in either
paragraph (a)(1)(iii)(A) or (B) of this section.
(A)
------------------------------------------------------------------------
Maximum cumulative
application (kg/ha)
-----------------------
Soil cation exchange capacity (meq/100g) Background Background
soil pH soil pH
less than more than
6.5 6.5
------------------------------------------------------------------------
Less than 5..................................... 5 5
5 to 15......................................... 5 10
More than 15.................................... 5 20
------------------------------------------------------------------------
(B) For soils with a background pH of less than 6.5, the cumulative cadmium application rate does not
exceed the levels below: Provided, That the pH of the solid waste and soil mixture is adjusted to and
maintained at 6.5 or greater whenever food-chain crops are grown.
------------------------------------------------------------------------
Maximum
cumulative
Soil cation exchange capacity (meq/100g) application
(kg/ha)
------------------------------------------------------------------------
Less than 5................................................ 5
5 to 15.................................................... 10
More than 15............................................... 20
------------------------------------------------------------------------
(2)(i) The only food-chain crop produced is animal feed.
(ii) The pH of the solid waste and soil mixture is 6.5 or greater at the time of solid waste application or at
the time the crop is planted, whichever occurs later, and this pH level is maintained whenever food-
chain crops are grown.
(iii) There is a facility operating plan which demonstrates how the animal feed will be distributed to
preclude ingestion by humans. The facility operating plan describes the measures to be taken to
safeguard against possible health hazards from cadmium entering the food chain, which may result from
alternative land uses.
(Under 503 there is no requirement to keep animal feed out of the human food chain -- nor to
notify buyers food crops are grown on sludge)
(iv) Future property owners are notified by a stipulation in the land record or property deed which states
that the property has received solid waste at high cadmium application rates and that food-chain crops
should not be grown, due to a possible health hazard.
(Under 503 there is no warning required)
(b) Polychlorinated Biphenyls (PCBs). Solid waste containing concentrations of PCBs equal to or
greater than 10 mg/kg (dry weight) is incorporated into the soil when applied to land used for producing
animal feed, including pasture crops for animals raised for milk. Incorporation of the solid waste into the
soil is not required if it is assured that the PCB content is less than 0.2 mg/kg (actual weight) in animal
feed or less than 1.5 mg/kg (fat basis) in milk.
(Under 503 allowed rate is 50 mg/kg)
(c) As used in this section:
(1) Animal feed means any crop grown for consumption by animals, such as pasture crops, forage, and
grain.
(2) Background soil pH means the pH of the soil prior to the addition of substances that alter the
hydrogen ion concentration.
(3) Cation exchange capacity means the sum of exchangeable cations a soil can absorb expressed in
milli-equivalents per 100 grams of soil as determined by sampling the soil to the depth of cultivation or
solid waste placement, whichever is greater, and analyzing by the summation method for distinctly acid
soils or the sodium acetate method for neutral, calcareous or saline soils (“Methods of Soil Analysis,
Agronomy Monograph No. 9.” C. A. Black, ed., American Society of Agronomy, Madison, Wisconsin. pp
891-901, 1965).
(4) Food-chain crops means tobacco, crops grown for human consumption, and animal feed for animals
whose products are consumed by humans.
(5) Incorporated into the soil means the injection of solid waste beneath the surface of the soil or the
mixing of solid waste with the surface soil.
(6) Pasture crops means crops such as legumes, grasses, grain stubble and stover which are
consumed by animals while grazing.
(7) pH means the logarithm of the reciprocal of hydrogen ion concentration.
(8) Root crops means plants whose edible parts are grown below the surface of the soil.
(9) Soil pH is the value obtained by sampling the soil to the depth of cultivation or solid waste
placement, whichever is greater, and analyzing by the electrometric method. (“Methods of Soil Analysis,
Agronomy Monograph No. 9,” C.A. Black, ed., American Society of Agronomy, Madison, Wisconsin, pp.
914-926, 1965.)
[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979]
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Last updated: July 27, 2005