| (5) steps taken or planned to reduce, eliminate, and
prevent recurrence of the noncompliance, and to mitigate its adverse
effects.
(h) Each biosolids land application permit must include
a reference to the maximum quantity of biosolids that may be land
applied under the permit.
(i) Any permittee who requests a new permit or an amendment,
modification, or renewal of a permit under this section is subject
to the standards and requirements for applications and actions concerning
amendments, modifications, renewals, transfers, corrections, revocations,
denials, and suspensions of permits, as set forth in §305.62
of this title (relating to Amendments), §305.63 of this title
(relating to Renewal), §305.64 of this title (relating to Transfer
of Permits), §305.65 of this title (relating to Renewal), §305.66
of this title (relating to Permit Denial, Suspension, and Revocation), §305.67
of this title (relating to Revocation and Suspension upon Request
or Consent), and §305.68 of this title (relating to Action and
Notice on Petition for Revocation or Suspension).
(j) The permittee shall immediately provide written
notice to the executive director of any changes to a permit or to
information on soil or subsurface conditions at the site, and provide
any additional information concerning changes in land ownership, site
control, operator, waste composition, source of biosolids, or waste
management methods.
(k) For land application units located in a major sole-source
impairment zone, the permittee is subject to the following provisions.
(1) The operator shall have a nutrient management plan
(nitrogen and phosphorus) prepared by a certified nutrient management
specialist in accordance with the USDA NRCS Practice Standard Code
590;
(2) When results of the annual soil analysis for extractable
phosphorus indicate a level greater than 200 parts per million of
extractable phosphorus (reported as P) in the zero to six-inch sample
for a particular land application unit or if ordered by the commission
in order to protect the quality of water in the state, then the operator
may not apply any biosolids to the affected area unless the land application
is implemented in accordance with a detailed nutrient utilization
plan (NUP) that has been approved by the commission.
(3) A NUP is equivalent to the NRCS Nutrient Management
Plan Practice Standard Code 590. The nutrient management plan, based
on crop removal, must be developed and certified by one of the following
individuals or entities:
(A) an employee of the NRCS;
(B) a nutrient management specialist certified by the
NRCS;
(C) the Texas State Soil and Water Conservation Board;
(D) Texas Cooperative Extension;
(E) an agronomist or soil scientist on full-time staff
at an accredited university located in the State of Texas;
(F) a professional agronomist certified by the American
Society of Agronomy;
(G) a certified professional soil scientist certified
by the Soil Science Society of America; or
(H) a licensed Texas geoscientist-soil scientist, after
approval by the executive director based on a determination by the
executive director that another person or entity identified in this
paragraph cannot develop the plan in a timely manner.
(4) After a NUP is implemented, the operator shall
land apply in accordance with the NUP until soil phosphorus is reduced
below 200 parts per million in the zero to six-inch sample. Thereafter,
the operator shall implement the requirements of the nutrient management
plan.
(5) The buffer zones must be maintained according to
the applicable requirements specified in §312.44(c) of this title
(relating to Management Practices).
|
| Source Note: The provisions of this §312.11 adopted to be effective August 29, 2002, 27 TexReg 7958; 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 |
