| (a) The provisions of this section set the standards
and requirements for permit applications Any information provided
under this subsection must be submitted in quadruplicate form. A permit
is required to:
(1) land apply Class B biosolids;
(2) process (at a treatment works), store, dispose
of, or incinerate sewage sludge;
(3) process (at a treatment works), store, dispose
of, or incinerate biosolids; or
(4) disposal of water treatment residuals in a monofill.
(b) Any person who is required to obtain or who requests
a new permit or an amendment, modification, or renewal of a permit
under this section is subject to the permit application procedures
of §1.5(d) of this title (relating to Records of the Agency), §305.42(a)
of this title (relating to Application Required), §305.43 of
this title (relating to Who Applies), §305.44 of this title (relating
to Signatories to Applications), §305.45 of this title (relating
to Contents of Application for Permit), and §305.47 of this title
(relating to Retention of Application Data). For a land application
permit, the applicant must be:
(1) the owner of the application site, if the biosolids
were generated outside this state; or
(2) the site operator, if the biosolids were generated
in this state.
(c) A permit application must include all information
in accordance with Chapter 281, Subchapter A of this title (relating
to Applications Processing) and Chapter 305, Subchapter C of this
title (relating to Application for Permit or Post-Closure Order),
and must also include the following:
(1) the map required by §305.45(a)(6) of this
title that provides the following information:
(A) the approximate boundaries of the site to be permitted,
which must include all contiguous properties owned by or under the
control of the applicant;
(B) the name and mailing address of the owner of each
tract of land located:
(i) within 1/4 mile of the land application unit, as
such information can be determined from the current county tax rolls
or other reliable sources, at the time the application is filed for
a Class B biosolids land application permit;
(ii) within 1/2 mile of a disposal unit or incinerator,
as such information can be determined from the current county tax
rolls or other reliable sources, at the time the application is filed
for an incineration or disposal permit; and
(iii) adjacent to the site to be permitted, as such
information can be determined from the current county tax rolls or
other reliable sources, at the time the application is filed for a
biosolids or sewage sludge processing or storage facility;
(C) the source(s) of the information for the surrounding
property owners; and
(D) the list of property owners. The list must be provided
both as a hard copy, either on the map or as an attached list, and
in electronic format or on four sets of self-adhesive mailing labels;
and
(2) a notarized affidavit from the applicant(s) verifying
land ownership of the permitted site or landowner agreement to the
proposed activity.
(d) A permit application for land application of Class
B biosolids must also include the following information:
(1) the information listed in §312.12(a)(1)(A)
- (C) of this title (relating to Registrations);
(2) analytical results establishing the background
soil concentration of metals regulated by this chapter in each land
application unit, based on the following:
(A) samples taken from the zero to six-inch zone of
soil;
(B) soil samples that accurately show soil conditions
in the application area(s) and that are taken at a spatial distribution
of at least one composite sample per every 80 acres or less of soil
type or area being sampled;
(C) composite samples comprised of ten to 15 samples
taken from points randomly distributed across the entire soil type
or area(s) being sampled;
(D) a separate composite sample taken from each United
States Department of Agriculture (USDA) Natural Resources Conservation
Service (NRCS) soil type (soils with the same characterization or
texture), unless an alternate method is used; and
(E) when using an alternate method for defining areas
to be sampled such as sampling by agricultural management units or
other defined areas, a sampling plan included in the application,
which sufficiently establishes background soil conditions through
proportionate sampling of each USDA NRCS soil type in each area sampled;
(3) analytical results establishing the background
soil concentration of nutrients, salinity, and pH in each land application
unit, based on the following:
(A) separate samples taken from the zero to six-inch
and from the six to 24-inch zones of soil;
(B) soil samples that accurately show soil conditions
in the land application unit and that are taken at a spatial distribution
of at least one composite sample per every 80 acres or less of soil
type or area being sampled;
(C) composite samples comprised of ten to 15 samples
taken from points randomly distributed across the entire soil type
or area(s) being sampled;
(D) a separate composite sample taken from each USDA
NRCS soil type (soils with the same characterization or texture),
unless an alternate method is used;
(E) when using an alternate method for defining areas
to be sampled such as sampling by agricultural management units or
other defined areas, a sampling plan also included in the application,
which sufficiently establishes background soil conditions through
proportionate sampling of each USDA NRCS soil type in each area sampled;
(4) information necessary to identify the hydrological
characteristics of the surface water and groundwater within 1/4 mile
of the land application unit;
(5) except for applications by political subdivisions,
proof of a commercial liability insurance policy and an environmental
impairment policy or a similar policy in accordance with Chapter 37,
Subchapter V of this title (relating to Financial Assurance for Class
B Sewage Sludge for Land Application Units); and
(6) proof that the applicant has minimized the risk
of water quality impairment caused by nitrogen applied to the land
application unit through the application of Class B biosolids by having
had a nutrient management plan prepared by a certified nutrient management
specialist in accordance with the NRCS Practice Standard Code 590.
(e) A permittee of a Class B biosolids land application
unit shall comply with the requirements of Chapter 37, Subchapter
V of this title.
(f) Any person who is issued a permit under this section
is subject to the permit characteristics and standards set forth in §305.122
of this title (relating to Characteristics of Permits), §305.123
of this title (relating to Reservation in Granting Permit), §305.124
of this title (relating to Acceptance of Permit, Effect), §305.125
of this title (relating to Standard Permit Conditions), §305.126
of this title (relating to Additional Standard Permit Conditions for
Waste Discharge Permits), §305.127 of this title (relating to
Conditions to be Determined for Individual Permits), §305.128
of this title (relating to Signatories to Reports), and §305.129
of this title (relating to Variance Procedures).
(g) If any provision of a permit is violated during
its term, the permittee is required to report to the executive director
the noncompliance in accordance with Texas Health and Safety Code, §361.121(d)(5)
and §305.125(9) of this title. Each permit for the land application
of Class B biosolids must contain a provision requiring such reporting.
Report of such information must be provided orally or by facsimile
transmission (fax) to the appropriate regional office within 24 hours
of the permittee becoming aware of the noncompliance. A written submission
of such information must also be provided by the permittee to the
regional office and to the Enforcement Division at the commission's
Central Office (Mail Code 224) within five working days of becoming
aware of the noncompliance. The written submission must contain the
following information:
(1) a description of the noncompliance and its cause;
(2) the potential danger to human health, safety, or
the environment;
(3) the period of noncompliance, including exact dates
and times;
(4) if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and
(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).
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