The results of a state investigation of 25 fertilizer storage and handling facilities have languished untouched for more than a year despite the fact that it found problems at most of the sites.
The probe, which discovered problems varying from missing contingency plans to spills of chemicals that might be polluting waterways, raises questions about how safely fertilizer and pesticides are handled at such facilities.
Yet, in part because of two state agencies' differing philosophies on such investigations, the only thing likely to come of it is a list of recommendations on ways to better regulate the operations.
The investigation, known as the Fertilizer Initiative, was launched after five spills involving nitrogen ammonia fertilizer from farm co-ops killed more than 55,000 fish in 1998, said Bruce Palin, deputy assistant commissioner of the office of land quality for the Indiana Department of Environmental Management.
Palin said his agency sat down with staffers from the Office of the State Chemist to map out the project. The chemist's office regulates most of what happens in the state's 550 large fertilizer operations -- from labeling of pesticides to design of the structure and handling of chemicals.
But the Department of Environmental Management has enforcement power in circumstances that lead to discharges of chemicals off the property and into waterways.
The overlapping jurisdiction caused friction from the outset.
Fertilizer operators began calling the Indiana Farm Bureau in July 1999, wanting to know why someone besides state chemist inspectors was looking at their facilities, said Brian Daggy, natural resources director for the Indiana Farm Bureau.
"They probably should have taken a few years to coordinate their activities and figure out what they were doing," he said.
Some managers of fertilizer operations say they are being regulated by two agencies with conflicting views and methods.
"Sometimes it makes it very confusing for us to know which way to go," said Jim Sweigart, risk manager for Ag Best, a Muncie-based firm that represents several county cooperatives.
Mike Hancock, who heads the fertilizer section of the state chemist's office, said he made it clear he didn't want his agents participating in the inspections.
"I'd rather be perceived as a regulator who can go out there and talk to these people and work out their problems -- call it parental, if you will -- than someone who is going to out there and fine 'em."
Hancock's inspectors aren't prone to issuing citations or fines.
Since Jan. 1, 1999, state chemist inspectors have issued 11 notices of violation to bulk fertilizer operators -- only six for the types of problems found dozens of times by inspectors with the Department of Environmental Management. No one was fined by either agency.
Palin acknowledged that many of the problems found during the Fertilizer Initiative weren't serious -- puddles high in ammonia near where trucks load or failure to have contingency plans. Often, they simply reflected poor management practices.
But, he added, some of the problems could threaten waterways and ground water. "Some of the test results indicate there are high concentrations (of chemicals) going offsite and discharges that need to be taken care of."
Tom Neltner, a former Department of Environmental Management regulator who now heads the group Improving Kids Environment, looked at lab results from inspections at several facilities and found serious problems involving apparent spills of hazardous or potentially carcinogenic chemicals -- atrazine, cyanizine, metribuzin, butylate, chlordane and aldrin.
"I was surprised by some of the chemicals they found," he said.
Palin said state chemist inspectors tend to focus on internal operations of fertilizer facilities -- the quality of feed, fertilizers or pesticides being sold to farmers -- rather than water-quality issues.
He acknowledged that the lines of jurisdiction need to be clearer.
"It makes no sense for both of us to be inspecting the same facilities," Palin said.
Sweigart agreed.
"It would be beneficial for IDEM and the state chemist to work together so their requirements would be similar enough so we could meet their compliance requests," he said.
Palin hopes the Fertilizer Initiative will help with that process. He said the data eventually will be compiled into a report recommending ways to improve regulation of fertilizer operations.
Whether his agency and the state chemist can agree on those recommendations remains to be seen.
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