(a) Application to land. This subchapter applies to
any person who prepares biosolids and/or domestic septage that are
land applied, to any person who land applies biosolids and/or domestic
septage, to biosolids and/or domestic septage that are land applied,
and to the land on which biosolids and/or domestic septage are applied.
(b) Bulk biosolids.
(1) When bulk biosolids are land applied and do not
exceed the metal concentrations in Table 3 of §312.43(b)(3) of
this title (relating to Metal Limits), meets the Class A biosolids
pathogen requirements in §312.82(a)(3) of this title (relating
to Pathogen Reduction), and meets one of the vector attraction reduction
requirements in §312.83(b)(1) - (8) of this title (relating to
Vector Attraction Reduction), then the provisions of §312.42
of this title (relating to General Requirements) and §312.44
of this title (relating to Management Practices) do not apply with
the exception of §312.44(a), (b), (h)(3), (j), and (m) of this
title.
(A) When bulk biosolids are land applied that do not
exceed the metal concentrations in Table 3 of §312.43(b)(3) of
this title, meets the Class AB pathogen requirements in §312.82(a)(2)
of this title, and meets one of the vector attraction reduction requirements
in §312.83(b)(1) - (8) of this title, then §312.44(a), (b),
(c)(2)(D) and (E), (d), (h)(1), (3), (5) and (6), (j), (l), and (m)
of this title will apply to the land application of biosolids.
(B) When bulk biosolids are land applied that do not
exceed the metal concentrations in Table 3 of §312.43(b)(3) of
this title, meets the Class AB pathogen requirements in §312.82(a)(2)
of this title, and meets one of the vector attraction reduction requirements
in §312.83(b)(1) - (8) in addition to (9) or (10) of this title,
then the requirements in subparagraph (A) of this paragraph do not
apply with the exception of §312.44(a), (b), (h)(3), (j), and
(m) of this title.
(2) The executive director may apply any or all of §312.42
and §312.44 of this title to the bulk biosolids described in
this subsection on a case-by-case basis after determining that the
general requirements or management practices are needed to protect
human health or the environment from any reasonably anticipated adverse
effect that may occur from any metal in the bulk biosolids.
(c) General Requirements for Bulk Derived Materials.
(1) When derived material from biosolids are land applied
and do not exceed the metal concentrations in Table 3 of §312.43(b)(3)
of this title, meets the Class A pathogen requirements in §312.82(a)(3)
of this title, and meets one of the vector attraction reduction requirements
in §312.83(b)(1) - (8) of this title, then the provisions of §312.42
and §312.44 of this title do not apply with the exception of §312.44(a),
(b), (h)(3), (j), and (m) of this title.
(A) When bulk biosolids are land applied that do not
exceed the metal concentrations in Table 3 of §312.43(b)(3) of
this title, meets the Class AB pathogen requirements in §312.82(a)(2)
of this title, and meets one of the vector attraction reduction requirements
in §312.83(b)(1) - (8) of this title, then §312.44(a), (b),
(c)(2)(D) and (E), (d), (h)(1), (3), (5), and (6), (j), (l), and (m)
of this title will apply to the land application of biosolids.
(B) When bulk biosolids are land applied that do not
exceed the metal concentrations in Table 3 of §312.43(b)(3) of
this title, meets the Class AB pathogen requirements in §312.82(a)(2)
of this title, and meets one of the vector attraction reduction requirements
in §312.83(b)(1) - (8) in addition to (9) or (10) of this title,
then the requirements in subsection (b)(1)(A) of this section do not
apply with the exception of §312.44(a), (b), (h)(3), (j), and
(m) of this title.
(2) The executive director may apply any or all of §312.42
and §312.44 of this title to the bulk material described in this
subsection on a case-by-case basis after determining that the general
requirements or management practices are needed to protect human health
or the environment from any reasonably anticipated adverse effect
that may occur from any metal in the bulk sewage sludge.
(d) Special Requirements for Certain Bulk Derived Materials.
The requirements in this subchapter may not apply when a bulk material
derived from biosolids are land applied; if the biosolids from which
the bulk material is derived do not exceed the metal concentrations
in Table 3 of §312.43(b)(3) of this title, meets the Class A
or Class AB pathogen requirements in §312.82(a) of this title,
and meets one of the vector attraction reduction requirements in §312.83(b)(1)
- (8) of this title. The executive director may apply any or all of §312.42
and §312.44 of this title to the bulk derived material on a case-by-case
basis after determining that the general requirements or management
practices are needed to protect human health or the environment from
any reasonably anticipated adverse effect that may occur from any
metal in the biosolids.
(e) Bagged biosolids. Section 312.42 and §312.44
of this title may not apply when biosolids are sold or given away
in a bag or other container for land application if the biosolids
do not exceed the metal concentrations in Table 3 of §312.43(b)(3)
of this title, meets the Class A or Class AB pathogen requirements
in §312.82(a) of this title, and meets one of the vector attraction
reduction requirements in §312.83(b)(1) - (8) of this title.
(f) Bagged derived materials. Section 312.42 and §312.44
of this title may not apply when a material derived from biosolids
are sold or given away in a bag or other container for land application
if the derived material does not exceed the metal concentrations in §312.43(b)
of this title, meets the Class A or Class AB pathogen requirements
in §312.82(a) of this title, and meets one of the vector attraction
reduction requirements in §312.83(b)(1) - (8) of this title.
(g) Bagged materials. The requirements in this subchapter
may not apply when a material derived from biosolids is sold or given
away in a bag or other container for land application if the biosolids
from which the material is derived do not exceed the metal concentrations
in Table 3 of §312.43(b)(3) of this title, meets the Class A
or Class AB pathogen requirements in §312.82(a) of this title,
and meets one of the vector attraction reduction requirements in §312.83(b)(1)
- (8) of this title.
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