(C) A minimum of seven representative samples of the
biosolids must be collected within 48 hours of the time that the biosolids
are used or disposed of during each monitoring episode for the biosolids.
The geometric mean of the density of fecal coliform for the samples
collected must be less than either 2,000,000 Most Probable Number
per gram of total solids (dry weight basis) or 2,000,000 Colony-forming
Units per gram of total solids (dry weight basis).
(2) Processes to Significantly Reduce Pathogens (PSRP)
compliance alternatives--Class B. Biosolids must be treated in one
of the PSRP described in 40 CFR Part 503, Appendix B, or must be treated
by an equivalent process approved by the EPA, so long as all of the
following requirements are met by the biosolids generator.
(A) Prior to use or disposal, all the biosolids must
have been generated from a single location, except as provided in
subparagraph (F) of this paragraph.
(B) An independent Texas licensed professional engineer
must make a certification to the biosolids generator that the wastewater
treatment facility generating the biosolids is designed to achieve
one of the PSRP at the permitted design loading of the facility. The
certification need only be repeated if the design loading of the facility
is increased. The certification must include a statement indicating
that the design meets all the applicable standards specified in 40
CFR Part 503, Appendix B.
(C) Prior to any off-site transportation or on-site
use or disposal of any biosolids generated at a wastewater treatment
facility, the licensed operator of the wastewater treatment facility
or other responsible official who manages the PSRP at the wastewater
treatment facility for the permittee, shall certify that the biosolids
underwent at least the minimum operational requirements necessary
in order to meet one of the PSRP. The acceptable processes and the
minimum operational and recordkeeping requirements must be in accordance
with established EPA final guidance.
(D) All certification records and operational records
describing how the requirements of this paragraph were met must be
kept by the generator for a minimum of three years and be available
for inspection by executive director staff for review.
(E) In lieu of a generator obtaining a certification
as specified in subparagraph (B) of this paragraph, the executive
director will accept from the EPA a finding of equivalency to the
defined PSRP.
(F) If the biosolids are generated from a mixture of
sources, resulting from a person who prepares biosolids from more
than one wastewater treatment facility, the resulting derived product
must meet one of the PSRP, and meet the certification, operation,
and recordkeeping requirements of this paragraph.
(3) Site restrictions.
(A) Food crops with harvested parts totally above the
land surface that touch the biosolids/soil mixture must not be harvested
from the land for at least 14 months after land application of biosolids.
(B) Food crops with harvested parts below the land
surface must not be harvested for at least 20 months after land application
of biosolids when the biosolids remain on the land surface for four
months or longer prior to incorporation into the soil.
(C) Food crops with harvested parts below the land
surface must not be harvested for at least 38 months after land application
of biosolids when the biosolids remain on the land surface for less
than four months prior to the incorporation into the soil.
(D) Food crops, feed crops, and fiber crops must not
be harvested for at least 30 days after land application of biosolids.
(E) Domestic livestock must not be allowed to graze
on the land for at least 30 days after land application of biosolids.
(F) Turf crops grown on land where biosolids are applied
may not be harvested for at least one year after land application
of biosolids when the harvested turf is placed on either land with
a high potential for public exposure or a lawn.
(G) Public access to land with a high potential for
public exposure must be restricted for at least one year after land
application of biosolids.
(H) Public access to land with a low potential for
public exposure must be restricted for at least 30 days after land
application of the biosolids.
(c) Domestic septage.
(1) The site restrictions in subsection (b)(3) of this
section must be met if domestic septage is land applied to agricultural
land, forest, or a reclamation site.
(2) The pH of domestic septage land applied to agricultural
land, forest, or a reclamation site must be raised to 12 or higher
by alkali addition and, without the addition of more alkali, must
remain at 12 or higher for a period of 30 minutes.
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Source Note: The provisions of this §312.82 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542 |