(a) Permit required. The following compost operations
are subject to the general requirements found in §332.4 of this
title (relating to General Requirements), and the requirements set
forth in Subchapters D - G of this chapter (relating to Operations
Requiring a Permit; Source-Separated Recycling; Household Hazardous
Waste Collection; and End-Product Standards), and the air quality
requirements in §332.8 of this title (relating to Air Quality
Requirements). These operations are required to obtain a permit from
the commission under Chapters 305 and 281 of this title (relating
to Consolidated Permits; and Applications Processing):
(1) operations that compost mixed municipal solid waste;
(2) operations that add any amount of mixed municipal
solid waste as a feedstock in the composting process; and
(3) operations that commercially compost grease trap
waste on or after September 1, 2003. Grease trap waste is material
collected in and from an interceptor in the sanitary sewer service
line of a commercial, institutional, or industrial food service or
processing establishment, including the solids resulting from de-watering
processes.
(A) All proposed operations that compost any amount
of grease trap waste must apply for a permit and must have a permit
prior to operating.
(B) Existing facilities that are composting grease
trap waste under a current registration can continue to operate as
authorized by that registration if:
(i) the person holding the registration submits an
application for a permit under Subchapter D of this chapter not later
than the 30th day after receiving notice from the commission of the
requirement to submit an application under Texas Health and Safety
Code, §361.428(d); and
(ii) the commission declares the application administratively
complete on or before June 1, 2004.
(b) Registration required. The following compost operations
are subject to the requirements found in §332.4 of this title,
the requirements set forth in Subchapters C and G of this chapter
(relating to Operations Requiring a Registration; and End-Product
Standards), and the air quality requirements in §332.8 of this
title:
(1) operations that compost municipal sewage sludge,
except those facilities that compost municipal sewage sludge with
mixed municipal solid waste;
(2) operations that compost positively-sorted organic
materials from the municipal solid waste stream;
(3) operations that compost source-separated organic
materials not exempted under subsection (d) of this section;
(4) operations that compost disposable diapers or paper
products soiled by human excreta;
(5) operations that compost the sludge byproduct generated
from the production of paper if the executive director determines
that the feedstock is appropriate under §332.33 of this title
(relating to Required Forms, Applications, Reports, and Request to
Use the Sludge Byproduct of Paper Production); and
(6) operations that incorporate any of the materials
set forth in paragraphs (1) - (5) of this subsection with source-separated
yard trimmings, clean wood material, vegetative material, paper, manure,
meat, fish, dairy, oil, grease materials, or dead animal carcasses.
(c) Operations requiring notification. The following
operations are subject to all requirements set forth in Subchapter
B of this chapter (relating to Operations Requiring a Notification),
the general requirements found in §332.4 of this title, and the
air quality requirements in §332.8 of this title:
(1) operations that compost any source-separated meat,
fish, dead animal carcasses, oils, greases, or dairy materials; and
(2) operations that incorporate any of the materials
set forth in paragraph (1) of this subsection with source-separated
yard trimmings, clean wood material, vegetative material, paper, or
manure.
(d) Operations exempt from facility notification, registration,
and permit requirements. The following operations are subject to the
general requirements found in §332.4 of this title, the air quality
requirements in §332.8 of this title, and are exempt from notification,
registration, and permit requirements found in Subchapters B - D of
this chapter. Operations under paragraphs (1) and (3) of this subsection
are subject to the requirements of a Notice of Intent to Recycle under §328.4
and §328.5 of this title (relating to Limitations on Storage
of Recyclable Materials; and Reporting and Recordkeeping Requirements):
(1) operations that compost only materials listed in
subparagraphs (A) and (B) of this paragraph:
(A) source-separated yard trimmings, clean wood material,
vegetative material, paper, and manure;
(B) source-separated industrial materials listed in §332.4(10)
of this title excluding those items listed in §332.4(10)(A),
(F) - (H), and (J) of this title;
(2) agricultural operations that generate and compost
agricultural materials on-site;
(3) mulching operations;
(4) land application of yard trimmings, clean wood
materials, vegetative materials, and manure at rates below or equal
to agronomic rates as determined by the Texas Agricultural Extension
Service;
(5) application of paper that is applied to land for
use as an erosion control or a soil amendment; and
(6) on-site composting of industrial solid waste at
a facility that is in compliance with §335.2 of this title (relating
to Permit Required) and §335.6 of this title (relating to Notification
Requirements).
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Source Note: The provisions of this §332.3 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective January 8, 2004, 29 TexReg 140; amended to be effective February 3, 2022, 47 TexReg 303 |