By:  Sims, Ratliff                                     S.B. No. 977
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the beneficial land application of biosolids.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subdivisions (37) and (38), Section 361.003,
    1-4  Health and Safety Code, are amended to read as follows:
    1-5              (37)  This subdivision expires on delegation of the
    1-6  Resource Conservation and Recovery Act authority to the Railroad
    1-7  Commission of Texas.  Subject to the limitations of 42 U.S.C.
    1-8  Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid waste"
    1-9  means garbage, rubbish, refuse, sludge from a waste treatment
   1-10  plant, water supply treatment plant, or air pollution control
   1-11  facility, and other discarded material, including solid, liquid,
   1-12  semisolid, or contained gaseous material resulting from industrial,
   1-13  municipal, commercial, mining, and agricultural operations and from
   1-14  community and institutional activities.  The term:
   1-15                    (A)  does not include:
   1-16                          (i)  solid or dissolved material in
   1-17  domestic sewage, or solid or dissolved material in irrigation
   1-18  return flows, or industrial discharges subject to regulation by
   1-19  permit issued under Chapter 26, Water Code;
   1-20                          (ii)  soil, dirt, rock, sand, and other
   1-21  natural or man-made inert solid materials used to fill land if the
   1-22  object of the fill is to make the land suitable for the
   1-23  construction of surface improvements; <or>
    2-1                          (iii)  waste materials that result from
    2-2  activities associated with the exploration, development, or
    2-3  production of oil or gas or geothermal resources and other
    2-4  substance or material regulated by the Railroad Commission of Texas
    2-5  under Section 91.101, Natural Resources Code, unless the waste,
    2-6  substance, or material results from activities associated with
    2-7  gasoline plants, natural gas or natural gas liquids processing
    2-8  plants, pressure maintenance plants, or repressurizing plants and
    2-9  is hazardous waste as defined by the administrator of the United
   2-10  States Environmental Protection Agency under the federal Solid
   2-11  Waste Disposal Act, as amended by the Resource Conservation and
   2-12  Recovery Act, as amended (42 U.S.C. Section 6901 et seq.); or
   2-13                          (iv)  sewage sludge that has been processed
   2-14  or treated to meet the definition of exceptional quality biosolids
   2-15  as defined by Section 374.002; and
   2-16                    (B)  does include hazardous substances, for the
   2-17  purposes of Sections 361.271 through 361.277, 361.280, and 361.343
   2-18  through 361.345.
   2-19              (38)  This subdivision is effective on delegation of
   2-20  the Resource Conservation and Recovery Act authority to the
   2-21  Railroad Commission of Texas.  Subject to the limitations of 42
   2-22  U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid
   2-23  waste" means garbage, rubbish, refuse, sludge from a waste
   2-24  treatment plant, water supply treatment plant, or air pollution
   2-25  control facility, and other discarded material, including solid,
    3-1  liquid, semisolid, or contained gaseous material resulting from
    3-2  industrial, municipal, commercial, mining, and agricultural
    3-3  operations and from community and institutional activities.  The
    3-4  term:
    3-5                    (A)  does not include:
    3-6                          (i)  solid or dissolved material in
    3-7  domestic sewage, or solid or dissolved material in irrigation
    3-8  return flows, or industrial discharges subject to regulation by
    3-9  permit issued under Chapter 26, Water Code;
   3-10                          (ii)  soil, dirt, rock, sand, and other
   3-11  natural or man-made inert solid materials used to fill land if the
   3-12  object of the fill is to make the land suitable for the
   3-13  construction of surface improvements; <or>
   3-14                          (iii)  waste materials that result from
   3-15  activities associated with the exploration, development, or
   3-16  production of oil or gas or geothermal resources and other
   3-17  substance or material regulated by the Railroad Commission of Texas
   3-18  under Section 91.101, Natural Resources Code; or
   3-19                          (iv)  sewage sludge that has been processed
   3-20  or treated to meet the definition of exceptional quality biosolids
   3-21  as defined by Section 374.002; and
   3-22                    (B)  does include hazardous substances, for the
   3-23  purposes of Sections 361.271 through 361.277, 361.280, and 361.343
   3-24  through 361.345.
   3-25        SECTION 2.  Subsections (c) and (d), Section 361.022, Health
    4-1  and Safety Code, are amended to read as follows:
    4-2        (c)  For municipal sludge, the following methods are
    4-3  preferred, in the order listed:
    4-4              (1)  source reduction and minimization of <sludge
    4-5  production and> concentrations of heavy metals and other toxins in
    4-6  sludge;
    4-7              (2)  treatment of sludge to reduce pathogens and
    4-8  generate usable biosolids, as defined by Section 374.002, to <and>
    4-9  recover energy, to produce beneficial by-products, or to apply the
   4-10  biosolids <reduce the quantity of sludge;>
   4-11              <(3)  marketing and distribution of sludge and sludge
   4-12  products if the marketing and distribution do not threaten public
   4-13  health, safety, or the environment;>
   4-14              <(4)  applying sludge> to land for beneficial use;
   4-15              (3) <(5)>  land treatment; or
   4-16              (4) <(6)>  landfilling and nonbeneficial incineration.
   4-17        (d)  In adopting rules to implement public policy concerning
   4-18  municipal solid waste management, the commission <board of health>
   4-19  shall consider the preference of municipal solid waste management
   4-20  methods under this section.
   4-21        SECTION 3.  Subtitle B, Title 5, Health and Safety Code, is
   4-22  amended by adding Chapter 374 to read as follows:
   4-23        CHAPTER 374.  BENEFICIAL LAND APPLICATION OF BIOSOLIDS
   4-24                   SUBCHAPTER A.  GENERAL PROVISIONS
   4-25        Sec. 374.001.  PURPOSE; APPLICABILITY. (a)  This chapter
    5-1  establishes standards for the final use or disposal, through
    5-2  beneficial land application, of  biosolids and certain domestic
    5-3  septage generated during the treatment of domestic sewage in a
    5-4  treatment works.  The standards consist of general requirements,
    5-5  pollutant limits, management practices, and operational standards
    5-6  and, if biosolids and certain domestic septage are to be applied to
    5-7  the land, include frequency of monitoring and recordkeeping
    5-8  requirements.  Standards in this chapter apply only to biosolids or
    5-9  certain treated domestic septage that is applied to the land.  Also
   5-10  included in this chapter are pathogen and vector attraction
   5-11  reduction requirements for biosolids or certain treated domestic
   5-12  septage applied to the land at or below an agronomic rate.
   5-13        (b)  This chapter applies to:
   5-14              (1)  a person who prepares sewage sludge or applies
   5-15  biosolids or certain domestic septage to the land;
   5-16              (2)  biosolids or certain domestic septage applied to
   5-17  the land; and
   5-18              (3)  land on which biosolids or certain domestic
   5-19  septage is applied.
   5-20        Sec. 374.002.  DEFINITIONS.  In this chapter:
   5-21              (1)  "Apply biosolids" or "biosolids applied to the
   5-22  land" means land application of biosolids or certain domestic
   5-23  septage.
   5-24              (2)  "Base flood" means a flood that has a one percent
   5-25  chance of occurring in any given year (e.g., a flood with a
    6-1  magnitude equalled once in 100 years).
    6-2              (3)  "Biosolids" means sewage sludge that:
    6-3                    (A)  has been treated to a Class A or Class B
    6-4  standard; and
    6-5                    (B)  at least meets:
    6-6                          (i)  the pollutant concentrations set by
    6-7  Section 374.058(a); and
    6-8                          (ii)  one of the vector attraction
    6-9  reduction requirements of Sections 374.096(b)(1) through (10).
   6-10              (4)  "Commission" means the Texas Natural Resource
   6-11  Conservation Commission.
   6-12              (5)  "Commissioner" means a member of the commission.
   6-13              (6)  "Cover crop" means a small grain crop, including
   6-14  oats, wheat, or barley, that is not grown for harvest.
   6-15              (7)  "Clean Water Act" means the federal Clean Water
   6-16  Act formerly referred to as either the Federal Water Pollution
   6-17  Control Act or the Federal Water Pollution Control Act Amendments
   6-18  of 1972 (Pub. L. No. 92-500, as amended by Pub. L. No.  95-217,
   6-19  Pub. L.  No. 95-576, Pub. L. No. 96-483, Pub. L. No. 97-117, and
   6-20  Pub. L. No. 100-4; 33 U.S.C. Section 1251 et seq.).
   6-21              (8)  "Domestic septage" means either liquid or solid
   6-22  material removed from a septic tank, cesspool, portable toilet,
   6-23  Type III marine sanitation device, or similar treatment works that
   6-24  receives only domestic sewage.  The term does not include:
   6-25                    (A)  liquid or solid material removed from a
    7-1  septic tank, cesspool, or similar treatment works that receives
    7-2  either commercial wastewater or industrial wastewater; or
    7-3                    (B)  grease removed from a grease trap at a
    7-4  restaurant.
    7-5              (9)  "Domestic sewage" means waste and wastewater from
    7-6  humans or household operations that is discharged to or otherwise
    7-7  enters a treatment works.
    7-8              (10)  "Dry weight basis" means calculated on the basis
    7-9  of having been dried at 105 degrees Celsius until reaching a
   7-10  constant mass (e.g., essentially 100 percent solids content).
   7-11              (11)  "EPA" means the United States Environmental
   7-12  Protection Agency.
   7-13              (12)  "Exceptional quality biosolids" means biosolids
   7-14  that have been treated to meet:
   7-15                    (A)  the Class A pathogen requirements of
   7-16  Sections 374.083 through 374.089;
   7-17                    (B)  the pollutant concentrations set by Section
   7-18  374.058(c); and
   7-19                    (C)  one of the vector attraction reduction
   7-20  requirements of Sections 374.096(b)(1) through (8).
   7-21              (13)  "Executive director" means the executive director
   7-22  of the commission.
   7-23              (14)  "Feed crops" means crops produced primarily for
   7-24  consumption by animals.
   7-25              (15)  "Fiber crops" means crops such as flax and
    8-1  cotton.
    8-2              (16)  "Food crops" means crops consumed by humans,
    8-3  including fruits, vegetables, and tobacco.
    8-4              (17)  "Groundwater" means water below the land surface
    8-5  in the saturated zone.
    8-6              (18)  "Industrial wastewater" means wastewater
    8-7  generated in a commercial or industrial process.
    8-8              (19)  "Municipality" means:
    8-9                    (A)  a city, town, borough, county, parish,
   8-10  district, association, or other public body, including an
   8-11  intermunicipal agency of two or more of those entities, created by
   8-12  or under state law;
   8-13                    (B)  an Indian tribe or an authorized Indian
   8-14  tribal organization having jurisdiction over sewage sludge
   8-15  management;
   8-16                    (C)  a designated and approved management agency
   8-17  under Section 208 of the Clean Water Act (33 U.S.C. Section 1288);
   8-18                    (D)  a special district created under state law,
   8-19  including a water district, sewer district, sanitary district,
   8-20  utility district, drainage district, or similar entity; and
   8-21                    (E)  an integrated waste management facility as
   8-22  defined by Section 201(e), Clean Water Act (33 U.S.C. Section
   8-23  1281(e)), that has as one of its principal responsibilities the
   8-24  treatment, transport, use, or disposal of sewage sludge.
   8-25              (20)  "Permitting authority" means the EPA or the state
    9-1  if the state has an EPA-approved sludge management program.
    9-2              (21)  "Person who prepares sewage sludge" means a
    9-3  person who:
    9-4                    (A)  generates sewage sludge during the treatment
    9-5  of domestic sewage in a treatment works; or
    9-6                    (B)  derives a material from sewage sludge.
    9-7              (22)  "Place sewage sludge" or "sewage sludge placed"
    9-8  means disposal of sewage sludge on a surface disposal site.
    9-9              (23)  "Pollutant" means an organic substance, an
   9-10  inorganic substance, a combination of organic and inorganic
   9-11  substances, or a pathogenic organism that, after discharge and on
   9-12  exposure, ingestion, inhalation, or assimilation into an organism
   9-13  either directly from the environment or indirectly by ingestion
   9-14  through the food chain, could, on the basis of information
   9-15  available to the executive director, cause death, disease,
   9-16  behavioral abnormalities, cancer, genetic mutations, physiological
   9-17  malfunctions, including malfunction in reproduction, or physical
   9-18  deformations in organisms or offspring of the organisms.
   9-19              (24)  "Pollutant limit" means a numerical value that
   9-20  describes:
   9-21                    (A)  the amount of a pollutant allowed per unit
   9-22  amount of sewage sludge (e.g., milligrams per kilogram of total
   9-23  solids);
   9-24                    (B)  the amount of a pollutant that can be
   9-25  applied to a unit area of land (e.g., kilograms per hectare); or
   10-1                    (C)  the volume of a material that can be applied
   10-2  to a unit area of land (e.g., gallons per acre).
   10-3              (25)  "Runoff" means rainwater, leachate, or other
   10-4  liquid that drains overland on any part of a land surface and runs
   10-5  off of the land surface.
   10-6              (26)  "Sewage sludge" means solid, semisolid, or liquid
   10-7  residue generated during the treatment of domestic sewage in a
   10-8  treatment works, including domestic septage, scum or solids removed
   10-9  in primary, secondary, or advanced wastewater treatment processes,
  10-10  and a material derived from sewage sludge.  The term does not
  10-11  include ash generated during the firing of sewage sludge in a
  10-12  sewage sludge incinerator or grit and screenings generated during
  10-13  preliminary treatment of domestic sewage in a treatment works.
  10-14              (27)  "Soil type" means the following soil types as
  10-15  identified on a soil survey map on the site:
  10-16                    (A)  nonshrinking clay;
  10-17                    (B)  clay loam;
  10-18                    (C)  silty loam;
  10-19                    (D)  loam;
  10-20                    (E)  sandy loam;
  10-21                    (F)  shrinking clay;
  10-22                    (G)  sand;
  10-23                    (H)  gravel; and
  10-24                    (I)  thin or absent soil.
  10-25              (28)  "Soil survey map" means a map showing soils
   11-1  delineations that is prepared or approved by the United States
   11-2  Department of Agriculture, Natural Resources Conservation Service.
   11-3              (29)  "Store" or "storage of biosolids" means the
   11-4  placement of biosolids on land as provided by Section 374.061(f).
   11-5  The terms do not include the placement of sewage sludge on land for
   11-6  treatment.
   11-7              (30)  "Treat" or "treatment of sewage sludge" means the
   11-8  preparation of sewage sludge for final use or disposal, including
   11-9  thickening, stabilization, or dewatering of sewage sludge.  The
  11-10  term does not include storage of sewage sludge.
  11-11              (31)  "Treatment works" means a federally owned,
  11-12  publicly owned, or privately owned device or system used to treat,
  11-13  recycle, or reclaim domestic sewage or a combination of domestic
  11-14  sewage and industrial waste of a liquid nature.
  11-15              (32)  "Wetlands" means areas that are inundated or
  11-16  saturated by surface water or groundwater at a frequency and
  11-17  duration to support, and that under normal circumstances do
  11-18  support, a prevalence of vegetation typically adapted for life in
  11-19  saturated soil conditions.  The term includes swamps, marshes,
  11-20  bogs, and similar areas.
  11-21        Sec. 374.003.  PROHIBITION.  A person may not use or dispose
  11-22  of biosolids except in accordance with the requirements of this
  11-23  chapter.
  11-24        Sec. 374.004.  PERMITS.  Except as provided by this chapter,
  11-25  the only permit required for biosolids or certain domestic septage
   12-1  applied to the land as regulated by this chapter is a permit
   12-2  required:
   12-3              (1)  for a treatment facility for waste discharge or
   12-4  disposal under Section 26.027, Water Code; or
   12-5              (2)  under Chapter 382.
   12-6        Sec. 374.005.  REGISTRATION REQUIRED; APPLICATION.
   12-7  (a)  Except as expressly provided by this section, a person must
   12-8  apply to the commission for a registration to beneficially apply
   12-9  biosolids and certain domestic septage to land.  A registration is
  12-10  not required for marketing, distribution, or land application of
  12-11  exceptional quality biosolids.
  12-12        (b)  An application form may request only the information
  12-13  necessary for the commission to reasonably enforce this chapter and
  12-14  for an applicant to show compliance with this chapter.
  12-15        (c)  The commission shall review an application to determine
  12-16  if the application is administratively and technically complete not
  12-17  later than the 40th day after the date the commission receives the
  12-18  application.  The commission may not revoke a finding of
  12-19  administrative and technical completeness.
  12-20        Sec. 374.006.  NOTICE OF DEFICIENCY.  (a)  If the commission
  12-21  determines an application is not administratively and technically
  12-22  complete, the commission shall mail the applicant a notice of
  12-23  deficiency that sets forth any deficiency in the application.  An
  12-24  applicant must respond to the commission not later than the 30th
  12-25  day after the date the commission mails the notice of deficiency.
   13-1        (b)  The commission must send an additional notice of
   13-2  deficiency not later than the 10th day after the date the
   13-3  commission receives a response to a prior notice of deficiency.
   13-4        (c)  The commission may have only one notice of deficiency
   13-5  pending for each application site at any time.  Any supplemental
   13-6  notice of deficiency may address only an applicant's response to a
   13-7  previous notice of deficiency.
   13-8        Sec. 374.007.  NOTICE OF APPLICATION FOR LAND APPLICATION.
   13-9  (a)  Except for biosolids that are Class A in respect to pathogen
  13-10  reduction, at the time an application for a new beneficial land
  13-11  application project becomes administratively and technically
  13-12  complete, the commission shall mail a copy of the application to
  13-13  the county judge of the county in which the project is proposed to
  13-14  be located and shall mail written notice of the application to all
  13-15  persons shown in the current records of the appraisal district on
  13-16  the date of administrative and technical completeness to be the
  13-17  owners of the property adjacent to the property proposed to be
  13-18  registered.
  13-19        (b)  The notice shall read as follows:  "(commission to
  13-20  insert name of applicant) has filed an application with the Texas
  13-21  Natural Resource Conservation Commission to apply treated
  13-22  (biosolids or certain domestic septage) to the property owned by
  13-23  (name of owner) located at (commission to insert address or other
  13-24  description sufficient to describe the location of the application
  13-25  site).  The proper beneficial application of (biosolids or certain
   14-1  domestic septage) treated in accordance with state and federal
   14-2  regulations has proven to be an effective and safe method of
   14-3  providing for soil conditioning and fertilization.  The commission
   14-4  will review the application to determine whether the applicant and
   14-5  the site can meet the requirements of Chapter 374, Health and
   14-6  Safety Code.  As part of this review, the commission will hold a
   14-7  public meeting with interested parties, including the applicant, if
   14-8  you request the meeting.  If you desire a public meeting, please
   14-9  send your written request to (commission to insert name, title, and
  14-10  address of contact person) on or before (commission to insert date
  14-11  that is the 10th day after the date notice is mailed) and identify
  14-12  the request as being for a public meeting regarding the application
  14-13  for beneficial land application by (commission to insert
  14-14  applicant's name).  If you wish to review the application, a copy
  14-15  of the application is located at your county judge's office and
  14-16  also at our offices in Austin.  If you have any questions or
  14-17  concerns, please contact (commission to insert name, title,
  14-18  address, and telephone number of commission contact person)."
  14-19        (c)  The notice shall also include literature from the
  14-20  commission that describes the benefits of beneficial land
  14-21  application and informs the public that beneficial land application
  14-22  projects that comply with this chapter are safe.
  14-23        (d)  The public meeting shall be held not earlier than the
  14-24  20th day and not later than the 45th day after the date the
  14-25  application becomes administratively and technically complete.  The
   15-1  public meeting shall be held in the county in which the site will
   15-2  be located.  If the site is in more than one county, the meeting
   15-3  shall be held in the county in which the majority of the
   15-4  application site is located.
   15-5        Sec. 374.008.  MAILING OF NOTICE.  All notices from the
   15-6  commission to an applicant must be sent by certified mail, return
   15-7  receipt requested.
   15-8        Sec. 374.009.  GRANT OF APPLICATION; UPDATE; TERM; TRANSFER.
   15-9  (a)  If a public meeting is not held, the commission shall grant a
  15-10  registration application not later than the 30th day after the date
  15-11  the application is administratively and technically complete if
  15-12  there are no further technical corrections to be made to the
  15-13  application.  If a public meeting is held, the commission shall
  15-14  grant a registration application not later than the 75th day after
  15-15  the date the application is administratively and technically
  15-16  complete if the applicant is in compliance with this chapter.
  15-17        (b)  Site registration information on file with the
  15-18  commission must be confirmed or updated, in writing, if:
  15-19              (1)  the name, mailing address, or telephone number of
  15-20  the owner or operator is changed;
  15-21              (2)  the executive director requests the confirmation
  15-22  or update; or
  15-23              (3)  the source of the biosolids or certain domestic
  15-24  septage is modified.
  15-25        (c)  The commission shall automatically renew a registration
   16-1  every five years from the date the initial registration is granted.
   16-2  A registration renewal incorporates new standards required by
   16-3  changes in federal or state law.  This subsection does not limit
   16-4  the commission's authority to suspend or revoke a permit under
   16-5  other law.
   16-6        (d)  A registration may be transferred.  The executive
   16-7  director may not unreasonably deny a transfer request.
   16-8        (e)  Except as provided by Section 374.010, the commission
   16-9  may not adopt or impose a rule, procedure, form, policy, or
  16-10  guideline, whether written or unwritten, that has the effect of
  16-11  imposing a more stringent requirement for the beneficial land
  16-12  application of biosolids or certain domestic septage than that
  16-13  established in this chapter.  The commission may adopt procedural
  16-14  rules and forms to implement this chapter, including rules for
  16-15  technical review of registration applications, and rules to allow
  16-16  an applicant to correct technical deficiencies that may arise or
  16-17  become evident after a determination of technical completeness.  An
  16-18  agency rule that exceeds the agency's express authority and
  16-19  limitations under this chapter or against the intent of this
  16-20  chapter is not valid or enforceable unless required by federal law.
  16-21  This subsection does not prohibit the commission from enforcing
  16-22  this chapter, imposing fees established in Section 361.013, or
  16-23  regulating other aspects of sewage sludge or biosolids, including
  16-24  transportation, surface disposal, or incineration.  A change to 40
  16-25  C.F.R. Part 503 that is adopted after January 1, 1995, supersedes a
   17-1  provision of this chapter.
   17-2        Sec. 374.010.  ADDITIONAL OR MORE STRINGENT REQUIREMENTS.  On
   17-3  a case-by-case basis, the commissioners may impose requirements for
   17-4  the use or disposal of biosolids or certain domestic septage in
   17-5  addition to or more stringent than the requirements in this chapter
   17-6  as necessary to protect the public health and the environment from
   17-7  any documented, demonstrable adverse effect of a pollutant in the
   17-8  biosolids or certain domestic septage.
   17-9        Sec. 374.011.  EXCLUSIONS.  (a)  This chapter does not
  17-10  require the selection of a sewage sludge use or disposal practice.
  17-11  The determination of the manner in which sewage sludge is used or
  17-12  disposed is a local determination.
  17-13        (b)  This chapter does not establish requirements for:
  17-14              (1)  processes used to treat domestic sewage or for
  17-15  processes used to treat sewage sludge before final use or disposal,
  17-16  except as provided by Sections 374.083 through 374.096; or
  17-17              (2)  the use or disposal of:
  17-18                    (A)  sludge generated at an industrial facility
  17-19  during the treatment of industrial wastewater, including sewage
  17-20  sludge generated during the treatment of industrial wastewater
  17-21  combined with domestic sewage;
  17-22                    (B)  sewage sludge determined to be hazardous in
  17-23  accordance with 40 C.F.R. Part 261 or Section 361.003(14);
  17-24                    (C)  sewage sludge with a concentration of
  17-25  polychlorinated biphenyls (PCBs) equal to or greater than 50
   18-1  milligrams per kilogram of total solids (dry weight basis);
   18-2                    (D)  ash generated during the firing of sewage
   18-3  sludge in a sewage sludge incinerator;
   18-4                    (E)  grit (e.g., sand, gravel, cinders, or other
   18-5  materials with a high specific gravity) or screenings (e.g.,
   18-6  relatively large materials such as rags) generated during
   18-7  preliminary treatment of domestic sewage in a treatment works;
   18-8                    (F)  sludge generated during the treatment of
   18-9  either surface water or groundwater used for drinking water;
  18-10                    (G)  commercial septage, industrial septage, a
  18-11  mixture of domestic septage and commercial septage, or a mixture of
  18-12  domestic septage and industrial septage; or
  18-13                    (H)  experimental use, if the following
  18-14  conditions are met at the time the biosolids are placed on a
  18-15  beneficial use site or reclamation site:
  18-16                          (i)  the pollutant concentrations set by
  18-17  Section 374.058(c) are met;
  18-18                          (ii)  one of the vector attraction
  18-19  reduction methods of Sections 374.096(b)(1) through (11) is met;
  18-20                          (iii)  the Class A pathogen requirements of
  18-21  Sections 374.083 through 374.089 or the Class B pathogen
  18-22  requirements of Sections 374.090 through 374.093 are met;
  18-23                          (iv)  the applicant has received written
  18-24  approval from the executive director before commencement of
  18-25  operations for the experimental project; and
   19-1                          (v)  the applicant has submitted to the
   19-2  executive director the aims and goals of the project and any other
   19-3  additional information the executive director believes necessary to
   19-4  establish the experimental nature of the project.
   19-5        (c)  If more than 50 percent of the effluent processed by a
   19-6  municipal treatment plant has been generated at an industrial
   19-7  facility, the executive director may elect to regulate the use and
   19-8  disposal of the sewage sludge under Chapter 361 and other
   19-9  commission rules.
  19-10        Sec. 374.012.  REQUIREMENT FOR PERSON WHO PREPARES SEWAGE
  19-11  SLUDGE.  A person who prepares sewage sludge shall ensure that the
  19-12  applicable requirements in this chapter are met when the biosolids
  19-13  or certain domestic septage is applied to the land or placed on a
  19-14  surface disposal site.
  19-15        Sec. 374.013.  SAMPLING AND ANALYSIS.  (a)  Representative
  19-16  samples of biosolids or certain domestic septage that is applied to
  19-17  the land shall be collected and analyzed.
  19-18        (b)  The materials listed in Subdivisions (1) through (8) are
  19-19  incorporated by reference in this chapter.  The materials are
  19-20  incorporated as they exist on September 1, 1995, and the commission
  19-21  shall maintain copies of these materials available for public
  19-22  inspection.  The commission shall publish notice of any changes to
  19-23  these materials in the Texas Register.  Methods in the materials
  19-24  listed in Subdivisions (1) through (8) must be used to analyze
  19-25  samples of sewage sludge, and calculation procedures in the
   20-1  materials must be used to calculate the percent volatile solids
   20-2  reduction for sewage sludge:
   20-3              (1)  enteric viruses--ASTM Designation:  D 4994-89,
   20-4  "Standard Practice for Recovery of Viruses from Wastewater
   20-5  Sludges," Annual Book of ASTM Standards:  Section 11--Water and
   20-6  Environmental Technology, ASTM, Philadelphia, PA., 1992;
   20-7              (2)  fecal coliform--Part 9221 E. or Part 9222 D.,
   20-8  "Standard Methods for the Examination of Water and Wastewater,"
   20-9  18th Edition, American Public Health Association, Washington, D.C.,
  20-10  1992;
  20-11              (3)  helminth ova--Yanko, W.A., "Occurrence of
  20-12  Pathogens in Distribution and Marketing of Municipal Sludges", EPA
  20-13  600/1-87-014, 1987.  PB 88-154273/AS, National Technical
  20-14  Information Service, Springfield, VA;
  20-15              (4)  inorganic pollutants--"Test Methods for Evaluating
  20-16  Solid Waste, Physical/Chemical Methods", EPA Publication SW-846,
  20-17  2nd Edition (1982) with Updates I and II and 3rd Edition (1986)
  20-18  with Revision I.  2nd Edition--PB87-120-291, National Technical
  20-19  Information Service, Springfield, Virginia.  3rd Edition--Document
  20-20  number 955-001-00000-1, Superintendent of Documents, Government
  20-21  Printing Office, Washington, D.C.;
  20-22              (5)  salmonella sp. bacteria--Part 9260 D., "Standard
  20-23  Methods for the Examination of Water and Wastewater," 18th Edition,
  20-24  American Public Health Association, Washington, D.C., 1992; or
  20-25  Kenner, B.A. and H.P. Clark, "Detection and Enumeration of
   21-1  Salmonella and Pseudomonas aeruginosa", J. Water Pollution Control
   21-2  Federation, 46(9):2163-2171, 1974;
   21-3              (6)  specific oxygen uptake rate--Part 2710 B.,
   21-4  "Standard Methods for the Examination of Water and Wastewater,"
   21-5  18th Edition, American Public Health Association, Washington, D.C.,
   21-6  1992;
   21-7              (7)  total, fixed, and volatile solids--Part 2540 G.,
   21-8  "Standard Methods for the Examination of Water and Wastewater,"
   21-9  18th Edition, American Public Health Association, Washington, D.C.,
  21-10  1992; and
  21-11              (8)  percent volatile solids reduction
  21-12  calculation--"Environmental Regulations and Technology--Control of
  21-13  Pathogens and Vectors in Sewage Sludge," EPA-625/R-92/013, U.S.
  21-14  Environmental Protection Agency, Cincinnati, OH, 1992.
  21-15        (c)  At the time the applicant applies to the commission for
  21-16  a new registration and once every five years from the date the
  21-17  registration is granted, the applicant must provide the commission
  21-18  with soil samples to determine the background levels of the
  21-19  pollutants listed in Section 374.058(a) in the top six inches of
  21-20  the soil as provided by this subsection.  In the event of a
  21-21  registration renewal, an applicant must provide the commission with
  21-22  test results only for registered areas on which biosolids have been
  21-23  applied during the preceding five years.  The applicant shall
  21-24  provide to the commission the test results of one composite soil
  21-25  sample, based on 10 random soil samples, for each soil type.  If no
   22-1  soil survey map exists for the proposed registration site, the
   22-2  applicant may contract with the United States Department of
   22-3  Agriculture, Natural Resources Conservation Service (USDA-NRCS), or
   22-4  with a person or entity acceptable to the USDA-NRCS, to prepare
   22-5  USDA-NRCS soil survey maps for the area and provide to the
   22-6  commission the test results required by this subsection.  An
   22-7  applicant must, at the time of application, provide the commission
   22-8  with a USDA-NRCS soil survey map for the registration site or a
   22-9  letter from the USDA-NRCS state or district office certifying that
  22-10  the applicant's soil survey maps sufficiently identify the soil
  22-11  types on the maps.
  22-12         (Sections 374.014 to 374.050 reserved for expansion
  22-13                    SUBCHAPTER B.  LAND APPLICATION
  22-14        Sec. 374.051.  DEFINITIONS.  In this subchapter:
  22-15              (1)  "Agricultural land" means the land on which a food
  22-16  crop, a feed crop, or a fiber crop is grown.  The term includes
  22-17  rangeland and land used as pasture.
  22-18              (2)  "Agronomic rate" means the whole biosolids
  22-19  application rate (dry weight basis) designed to:
  22-20                    (A)  provide the amount of nitrogen needed by the
  22-21  food crop, feed crop, fiber crop, cover crop, or vegetation grown
  22-22  on the land; and
  22-23                    (B)  minimize the amount of nitrogen in the
  22-24  biosolids that passes below the root zone of the crop or vegetation
  22-25  grown on the land to the groundwater.
   23-1              (3)  "Annual pollutant loading rate" means the maximum
   23-2  amount of a pollutant that can be applied to a unit area of land
   23-3  during a 365-day period.
   23-4              (4)  "Annual whole biosolids application rate" means
   23-5  the maximum amount of biosolids (dry weight basis) that can be
   23-6  applied to a unit area of land during a 365-day period.
   23-7              (5)  "Bulk biosolids" means biosolids that are not sold
   23-8  or given away in a bag or other container for application to the
   23-9  land.
  23-10              (6)  "Cumulative pollutant loading rate" means the
  23-11  maximum amount of an inorganic pollutant that can be applied to an
  23-12  area of land.
  23-13              (7)  "Forest" means a tract of land thick with trees
  23-14  and underbrush.
  23-15              (8)  "Land application" means:
  23-16                    (A)  the spraying or spreading of biosolids or
  23-17  certain domestic septage onto the land surface;
  23-18                    (B)  the injection of biosolids or certain
  23-19  domestic septage below the land surface; or
  23-20                    (C)  the incorporation of biosolids or certain
  23-21  domestic septage into the soil so that the biosolids or certain
  23-22  domestic septage can either condition the soil or fertilize crops
  23-23  or vegetation grown in the soil.
  23-24              (9)  "Monthly average" is the arithmetic mean of all
  23-25  measurements taken during the month.
   24-1              (10)  "Other container" means an open or closed
   24-2  receptacle, including a bucket, a box, a carton, and a vehicle or
   24-3  trailer with a load capacity of one metric ton or less.
   24-4              (11)  "Pasture" means land on which animals feed
   24-5  directly on feed crops such as legumes, grasses, grain stubble, or
   24-6  stover.
   24-7              (12)  "Public contact site" means land with a high
   24-8  potential for contact by the public, including a public park, ball
   24-9  field, cemetery, plant nursery, turf farm, or golf course.
  24-10              (13)  "Rangeland" means open land with indigenous
  24-11  vegetation.
  24-12              (14)  "Reclamation site" means drastically disturbed
  24-13  land that is reclaimed using biosolids or certain domestic septage,
  24-14  including strip mines and construction sites.
  24-15        Sec. 374.052.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  24-16  applies to:
  24-17              (1)  a person who prepares sewage sludge that is
  24-18  applied to the land;
  24-19              (2)  a person who applies biosolids or certain domestic
  24-20  septage to the land;
  24-21              (3)  biosolids or certain domestic septage applied to
  24-22  the land; and
  24-23              (4)  land on which biosolids or certain domestic
  24-24  septage is applied.
  24-25        Sec. 374.053.  GENERAL REQUIREMENTS AND MANAGEMENT PRACTICES
   25-1  NOT APPLICABLE.  The general requirements of Section 374.056 and
   25-2  the management practices required by Section 374.061 do not apply
   25-3  to:
   25-4              (1)  land application of bulk biosolids, if the bulk
   25-5  biosolids are exceptional quality biosolids;
   25-6              (2)  land application of bulk material derived from
   25-7  sewage sludge, if the derived bulk material meets:
   25-8                    (A)  the pollutant concentrations set by Section
   25-9  374.058(c);
  25-10                    (B)  the Class A pathogen requirements of
  25-11  Sections 374.083 through 374.089; and
  25-12                    (C)  one of the vector attraction reduction
  25-13  requirements of Sections 374.096(b)(1) through (8);
  25-14              (3)  the sale or giveaway of biosolids in a bag or
  25-15  other container for land application if the biosolids sold or given
  25-16  away in a bag or other container for land application meet:
  25-17                    (A)  the pollutant concentrations set by Section
  25-18  374.058(c);
  25-19                    (B)  the Class A pathogen requirements of
  25-20  Sections 374.083 through 374.089; and
  25-21                    (C)  one of the vector attraction reduction
  25-22  requirements of Sections 374.096(b)(1) through (8); and
  25-23              (4)  sale or giveaway of material derived from sewage
  25-24  sludge in a bag or other container for land application, if the
  25-25  derived material meets:
   26-1                    (A)  the pollutant concentrations set by Section
   26-2  374.058(c);
   26-3                    (B)  the Class A pathogen requirements of
   26-4  Sections 374.083 through 374.089; and
   26-5                    (C)  one of the vector attraction reduction
   26-6  requirements of Sections 374.096(b)(1) through (8).
   26-7        Sec. 374.054.  LAND APPLICATION REQUIREMENTS NOT APPLICABLE.
   26-8  The requirements in this subchapter do not apply to:
   26-9              (1)  land application of a bulk material derived from
  26-10  sewage sludge, if the sewage sludge from which the bulk material is
  26-11  derived meets:
  26-12                    (A)  the pollutant concentrations set by Section
  26-13  374.058(c);
  26-14                    (B)  the Class A pathogen requirements of
  26-15  Sections 374.083 through 374.089; and
  26-16                    (C)  one of the vector attraction reduction
  26-17  requirements of Sections 374.096(b)(1) through (8); or
  26-18              (2)  the sale or giveaway of a material derived from
  26-19  sewage sludge in a bag or other container, if the sewage sludge
  26-20  from which the material is derived meets:
  26-21                    (A)  the pollutant concentrations set by Section
  26-22  374.058(c);
  26-23                    (B)  the Class A pathogen requirements of
  26-24  Sections 374.083 through 374.089; and
  26-25                    (C)  one of the vector attraction reduction
   27-1  requirements of Sections 374.096(b)(1) through (8).
   27-2        Sec. 374.055.  EXECUTIVE DIRECTOR MAY APPLY GENERAL
   27-3  REQUIREMENTS AND MANAGEMENT PRACTICES.  The executive director may
   27-4  apply any or all of the general requirements of Section 374.056 or
   27-5  the management practices required by Section 374.061 to the bulk
   27-6  biosolids described in Section 374.053(1) and the bulk material
   27-7  described in Section 374.053(2) on a case-by-case basis after
   27-8  determining that the requirements or practices are needed to
   27-9  protect the public health and the environment from any reasonably
  27-10  anticipated adverse effect that may occur from any pollutant in the
  27-11  bulk biosolids.
  27-12        Sec. 374.056.  GENERAL REQUIREMENTS.  (a)  A person may not
  27-13  apply biosolids or certain domestic septage to land except in
  27-14  accordance with this subchapter.
  27-15        (b)  A person may not apply bulk biosolids subject to the
  27-16  cumulative pollutant loading rates set by Section 374.058(b) to
  27-17  agricultural land, a forest, a public contact site, or a
  27-18  reclamation site if any of the cumulative pollutant loading rates
  27-19  set by Section 374.058(b) have been reached.
  27-20        (c)  A person may not apply domestic septage to agricultural
  27-21  land, a forest, or a reclamation site during a 365-day period if
  27-22  the annual application rate in Section 374.059 has been reached
  27-23  during that period.
  27-24        (d)  A person who prepares bulk sewage sludge that is applied
  27-25  to agricultural land, a forest, a public contact site, or a
   28-1  reclamation site shall notify in writing the person who applies the
   28-2  bulk biosolids regarding the concentration of total nitrogen (as N
   28-3  on a dry weight basis) in the bulk sewage sludge.
   28-4        (e)  A person who applies biosolids to land must obtain
   28-5  information needed to comply with this subchapter.
   28-6        (f)  Before bulk biosolids subject to the cumulative
   28-7  pollutant loading rates set by Section 374.058(b) are applied to
   28-8  land, a person who proposes to apply the bulk biosolids must
   28-9  contact the commission to determine whether bulk biosolids subject
  28-10  to those loading rates have been applied to the site since August
  28-11  19, 1993.
  28-12        (g)  If bulk biosolids subject to the cumulative pollutant
  28-13  loading rates set by Section 374.058(b) have not been applied to
  28-14  the site since August 19, 1993, the cumulative amount for each
  28-15  pollutant listed in Section 374.058(b) may be applied to the site
  28-16  as provided by Section 374.057(b)(1).
  28-17        (h)  If bulk sewage sludge subject to the cumulative
  28-18  pollutant loading rates set by Section 374.058(b) has been applied
  28-19  to the site since August 19, 1993, and the cumulative amount of
  28-20  each pollutant applied to the site in the bulk biosolids since that
  28-21  date is known, the cumulative amount of each pollutant applied to
  28-22  the site shall be used to determine the additional amount of each
  28-23  pollutant that may be applied to the site as provided by Section
  28-24  374.057(b)(1).
  28-25        (i)  If bulk biosolids subject to the cumulative pollutant
   29-1  loading rates set by Section 374.058(b) have been applied to the
   29-2  site since August 19, 1993, and the cumulative amount of each
   29-3  pollutant in the bulk biosolids applied to the site since that date
   29-4  is not known, an additional amount of each pollutant may not be
   29-5  applied to the site under Section 374.057(b)(1).
   29-6        (j)  If a person who prepares bulk sewage sludge provides the
   29-7  bulk biosolids to a person who applies the bulk biosolids to land,
   29-8  the person who prepares the bulk sewage sludge shall provide to the
   29-9  person who applies the bulk biosolids notice and necessary
  29-10  information to comply with this subchapter.
  29-11        (k)  If a person who prepares sewage sludge provides the
  29-12  sewage sludge to another person who prepares the sewage sludge, the
  29-13  person who provides the sewage sludge shall provide to the person
  29-14  who receives the sewage sludge notice and necessary information to
  29-15  comply with this subchapter.
  29-16        (l)  A person who applies bulk biosolids to the land shall
  29-17  provide to the owner or lease holder of the land on which the bulk
  29-18  biosolids are applied notice and necessary information to comply
  29-19  with this subchapter.
  29-20        (m)  A person who prepares bulk sewage sludge that is applied
  29-21  to land in a state other than Texas shall provide written notice,
  29-22  before the initial application of bulk biosolids to the land
  29-23  application site by the applier, to the permitting authority for
  29-24  the state in which the bulk biosolids are proposed to be applied.
  29-25  The notice must include the:
   30-1              (1)  location, by street address or by latitude and
   30-2  longitude, of each land application site;
   30-3              (2)  approximate time during which bulk biosolids will
   30-4  be applied to the site;
   30-5              (3)  name, address, telephone number, and National
   30-6  Pollutant Discharge Elimination System permit number or Texas water
   30-7  quality permit number, if appropriate, of the person who prepares
   30-8  the bulk sewage sludge; and
   30-9              (4)  name, address, telephone number, and National
  30-10  Pollutant Discharge Elimination System permit number or Texas water
  30-11  quality permit number, if appropriate, of the person who will apply
  30-12  the bulk biosolids.
  30-13        (n)  A person who applies bulk biosolids to land subject to
  30-14  the cumulative pollutant loading rates set by Section 374.057(b)
  30-15  shall provide written notice, before the initial application of
  30-16  bulk biosolids to a land application site by the applier, to the
  30-17  commission.  The commission shall retain and provide access to the
  30-18  notice.  The notice must include the:
  30-19              (1)  location, by street address or by latitude and
  30-20  longitude, of the land application site; and
  30-21              (2)  name, address, telephone number, and National
  30-22  Pollutant Discharge Elimination System permit number or Texas water
  30-23  quality permit number, if appropriate, of the person who will apply
  30-24  the bulk biosolids.
  30-25        Sec. 374.057.  POLLUTANT LIMITS:  BIOSOLIDS.  (a)  Bulk
   31-1  biosolids or biosolids sold or given away in a bag or other
   31-2  container may not be applied to the land if the concentration of
   31-3  any pollutant in the biosolids exceeds the ceiling concentration
   31-4  for the pollutant set by Section 374.058(a).
   31-5        (b)  If bulk biosolids are applied to agricultural land, a
   31-6  forest, a public contact site, or a reclamation site:
   31-7              (1)  the cumulative loading rate for each pollutant may
   31-8  not exceed the cumulative pollutant loading rate for the pollutant
   31-9  set by Section 374.058(b); or
  31-10              (2)  the concentration of each pollutant in the
  31-11  biosolids may not exceed the concentration for the pollutant set by
  31-12  Section 374.058(c).
  31-13        (c)  If bulk biosolids are applied to a lawn or a home
  31-14  garden, the concentration of each pollutant in the biosolids may
  31-15  not exceed the concentration for the pollutant set by Section
  31-16  374.058(c).
  31-17        (d)  If biosolids are sold or given away in a bag or other
  31-18  container for application to land:
  31-19              (1)  the concentration of each pollutant in the
  31-20  biosolids may not exceed the concentration for the pollutant set by
  31-21  Section 374.058(c); or
  31-22              (2)  the product of the concentration of each pollutant
  31-23  in the biosolids and the annual whole biosolids application rate,
  31-24  determined under Section 374.059, for the biosolids may not exceed
  31-25  the annual pollutant loading rate for the pollutant set by Section
   32-1  374.058(d).
   32-2        Sec. 374.058.  POLLUTANT CONCENTRATIONS AND LOADING RATES:
   32-3  BIOSOLIDS.  (a)  The ceiling concentrations for pollutants in
   32-4  biosolids are:
   32-5                                         CEILING CONCENTRATION
   32-6        POLLUTANT                      (MILLIGRAMS PER KILOGRAM)
   32-7                                          (DRY WEIGHT BASIS)
   32-8        Arsenic                                     75
   32-9        Cadmium                                     85
  32-10        Chromium                                 3,000
  32-11        Copper                                   4,300
  32-12        Lead                                       840
  32-13        Mercury                                     57
  32-14        Molybdenum                                  75
  32-15        Nickel                                     420
  32-16        Selenium                                   100
  32-17        Zinc                                     7,500
  32-18        (b)  The cumulative pollutant loading rates for biosolids
  32-19  are:
  32-20                                   CUMULATIVE POLLUTANT LOADING RATE
  32-21        POLLUTANT                       (KILOGRAMS PER HECTARE)
  32-22        Arsenic                                     41
  32-23        Cadmium                                     39
  32-24        Chromium                                 3,000
  32-25        Copper                                   1,500
   33-1        Lead                                       300
   33-2        Mercury                                     17
   33-3        Nickel                                     420
   33-4        Selenium                                   100
   33-5        Zinc                                     2,800
   33-6        (c)  The pollutant concentrations for biosolids are:
   33-7                                        POLLUTANT CONCENTRATIONS
   33-8        POLLUTANT                      (MILLIGRAMS PER KILOGRAM)
   33-9                                           (DRY WEIGHT BASIS)
  33-10        Arsenic                                     41
  33-11        Cadmium                                     39
  33-12        Chromium                                 1,200
  33-13        Copper                                   1,500
  33-14        Lead                                       300
  33-15        Mercury                                     17
  33-16        Nickel                                     420
  33-17        Selenium                                    36
  33-18        Zinc                                     2,800
  33-19        (d)  The annual pollutant loading rates for biosolids are:
  33-20                                  ANNUAL POLLUTANT LOADING RATE
  33-21        POLLUTANT           (KILOGRAMS PER HECTARE PER 365-DAY PERIOD)
  33-22        Arsenic                                2.0
  33-23        Cadmium                                1.9
  33-24        Chromium                               150
  33-25        Copper                                  75
   34-1        Lead                                    15
   34-2        Mercury                               0.85
   34-3        Nickel                                  21
   34-4        Selenium                               5.0
   34-5        Zinc                                   140
   34-6        Sec. 374.059.  PROCEDURE TO DETERMINE ANNUAL WHOLE BIOSOLIDS
   34-7  APPLICATION RATE FOR BIOSOLIDS.  (a)  The relationship between the
   34-8  annual pollutant loading rate (APLR) for a pollutant and the annual
   34-9  whole biosolids application rate (AWBAR) for biosolids is shown in
  34-10  the following equation:
  34-11        Where:
  34-12        hectare per 365-day period.لل
  34-13        of total solids (dry weight basis).لل
  34-14        metric tons per hectare per 365-day period (dry weight
  34-15        basis).لل
  34-16        (b)  To determine the annual whole biosolids application rate
  34-17  (AWBAR), the equation is:
  34-18        (c)  The procedure used to determine the annual whole
  34-19  biosolids application rate (AWBAR) for biosolids is:
  34-20              Step 1.  Analyze a sample of the biosolids to determine
  34-21  the concentration in the biosolids of each of the pollutants listed
  34-22  in Section 374.058(d).
  34-23              Step 2.  Using the pollutant concentrations from Step 1
  34-24  and the APLRs from Section 374.058(d), calculate an AWBAR for each
  34-25  pollutant using the equation in Subsection (b).
   35-1              Step 3.  The AWBAR for the biosolids is the lowest
   35-2  AWBAR calculated in Step 2.
   35-3        Sec. 374.060.  POLLUTANT LIMITS:  DOMESTIC SEPTAGE.  The
   35-4  annual application rate for domestic septage applied to
   35-5  agricultural land, a forest, or a reclamation site may not exceed
   35-6  the annual application rate calculated using the following
   35-7  equation:
   35-8        Where:
   35-9        365-day period.لل
  35-10        period needed by the crop or vegetation grown on the
  35-11        land.لل
  35-12        Sec. 374.061.  MANAGEMENT PRACTICES.  (a)  Bulk biosolids or
  35-13  certain domestic septage may not be applied to land if it is likely
  35-14  to adversely affect:
  35-15              (1)  a threatened or endangered species listed under
  35-16  Section 4, Endangered Species Act of 1973 (16 U.S.C. Section 1533)
  35-17  or Section 68.002, Parks and Wildlife Code; or
  35-18              (2)  the species' designated critical habitat.
  35-19        (b)  Bulk biosolids may not be applied to agricultural land,
  35-20  a forest, a public contact site, or a reclamation site that is
  35-21  flooded, frozen, or snow-covered so that the bulk biosolids or
  35-22  certain domestic septage enters a wetland or other waters of the
  35-23  state, except as provided in a permit issued under Chapter 26,
  35-24  Water Code.
  35-25        (c)  Bulk biosolids or certain domestic septage may not be
   36-1  applied to agricultural land, a forest, or a reclamation site that
   36-2  is:
   36-3              (1)  33 feet or less from waters of the state if the
   36-4  buffer zone is vegetated or 200 feet from those waters if the
   36-5  buffer zone is not vegetated;
   36-6              (2)  50 feet or less from a public road or pedestrian
   36-7  right-of-way;
   36-8              (3)  50 feet or less from a property boundary unless
   36-9  the applicant obtains written consent from the adjoining property
  36-10  owner for a smaller or no buffer zone, which consent may be revoked
  36-11  on receipt by the operator of written notice of revocation from the
  36-12  adjoining property owner;
  36-13              (4)  150 feet or less from a private water supply well;
  36-14              (5)  500 feet or less from a public water supply well,
  36-15  intake, water supply storage unit, or water supply treatment works;
  36-16              (6)  300 feet or less from an occupied residence unless
  36-17  the applicant obtains written consent from the residence owner for
  36-18  a smaller or no buffer zone, which consent may be revoked on
  36-19  receipt by the operator of written notice of revocation from the
  36-20  adjoining property owner;
  36-21              (7)  1,000 feet or less from an existing school, public
  36-22  institution, or residential or business development property line;
  36-23  or
  36-24              (8)  10 feet or less from an irrigation conveyance
  36-25  canal.
   37-1        (d)  Bulk biosolids may be applied to agricultural land, a
   37-2  forest, a public contact site, or a reclamation site at a whole
   37-3  biosolids application rate that is equal to or less than the
   37-4  agronomic rate for the bulk biosolids unless, in the case of a
   37-5  reclamation site, otherwise specified by the commission.
   37-6        (e)  A label must be affixed to the bag or other container in
   37-7  which biosolids are sold or given away for application to the land,
   37-8  or an information sheet must be provided to the person who receives
   37-9  biosolids sold or given away in another container for application
  37-10  to the land.  The label or information sheet must contain the
  37-11  following information:
  37-12              (1)  the name and address of the person who prepared
  37-13  the sewage sludge that is sold or given away in a bag or other
  37-14  container for application to the land;
  37-15              (2)  a statement that application of the biosolids to
  37-16  the land is prohibited except in accordance with the instructions
  37-17  on the label or information sheet; and
  37-18              (3)  the annual whole biosolids application rate for
  37-19  the biosolids that does not cause any of the annual pollutant
  37-20  loading rates in Section 374.058(d) to be exceeded.
  37-21        (f)  Biosolids may be stored at a registration site:
  37-22              (1)  not longer than 90 days in a 365-day period unless
  37-23  the appropriate commission regional office approves an additional
  37-24  period of storage, not to exceed 90 days, for reasons associated
  37-25  with application area flooding, saturated soils, or frozen soils;
   38-1  and
   38-2              (2)  only if the following conditions are met:
   38-3                    (A)  written authorization must be obtained from
   38-4  the executive director before construction of the storage area;
   38-5                    (B)  the storage area must be designed,
   38-6  constructed, and operated in a manner that protects public health
   38-7  and the environment;
   38-8                    (C)  the application must outline measures to
   38-9  avoid public health nuisances such as odors;
  38-10                    (D)  liquid sewage sludge must be stored in an
  38-11  enclosed vessel; and
  38-12                    (E)  if the storage area is not permanently
  38-13  covered, the storage area must be:
  38-14                          (i)  operated and maintained to prevent
  38-15  runoff of surface water that has come into contact with biosolids
  38-16  and designed to collect that runoff water; and
  38-17                          (ii)  lined with natural or artificial
  38-18  liners.
  38-19        (g)  For purposes of Subsection (f)(2)(E)(ii), a natural or
  38-20  artificial equivalent barrier of one foot of compacted clay with a
  38-21  permeability coefficient of 1 x 10-7 cm/sec or less must be
  38-22  provided.  Various flexible synthetic membrane lining materials may
  38-23  be used in lieu of soil liners if prior written approval has been
  38-24  obtained from the executive director.
  38-25        (h)  An operator may stage biosolids on-site before land
   39-1  application for not more than five days without being subject to
   39-2  Subsection (f).
   39-3        Sec. 374.062.  OPERATIONAL STANDARDS:  PATHOGENS--BIOSOLIDS.
   39-4  (a)  The Class A pathogen requirements of Sections 374.083 through
   39-5  374.089 or the Class B pathogen requirements and site restrictions
   39-6  of Sections 374.090 through 374.094 must be met if bulk biosolids
   39-7  are applied to agricultural land, a forest, a public contact site,
   39-8  or a reclamation site.
   39-9        (b)  The Class A pathogen requirements of Sections 374.083
  39-10  through 374.089 must be met if bulk biosolids are applied to a lawn
  39-11  or a home garden.
  39-12        (c)  The Class A pathogen requirements of Sections 374.083
  39-13  through 374.089 must be met if biosolids are sold or given away in
  39-14  a bag or other container for application to the land.
  39-15        Sec. 374.063.  OPERATIONAL STANDARDS:  PATHOGENS--DOMESTIC
  39-16  SEPTAGE.  The requirements of Section 374.095(a) or (b) must be met
  39-17  if domestic septage is applied to agricultural land, a forest, or a
  39-18  reclamation site.
  39-19        Sec. 374.064.  OPERATIONAL STANDARDS:  VECTOR ATTRACTION
  39-20  REDUCTION--BIOSOLIDS.  (a)  One of the vector attraction reduction
  39-21  requirements of Sections 374.096(b)(1) through (10) must be met if
  39-22  bulk biosolids are applied to agricultural land, a forest, a public
  39-23  contact site, or a reclamation site.
  39-24        (b)  One of the vector attraction reduction requirements of
  39-25  Sections 374.096(b)(1) through (8) must be met if bulk biosolids
   40-1  are applied to a lawn or a home garden.
   40-2        (c)  One of the vector attraction reduction requirements of
   40-3  Sections 374.096(b)(1) through (8) must be met if biosolids are
   40-4  sold or given away in a bag or other container for application to
   40-5  the land.
   40-6        Sec. 374.065.  OPERATIONAL STANDARDS:  VECTOR ATTRACTION
   40-7  REDUCTION--DOMESTIC SEPTAGE.  The vector attraction reduction
   40-8  requirements of Section 374.096(b)(9), (10), or (12) must be met if
   40-9  domestic septage is applied to agricultural land, a forest, or a
  40-10  reclamation site.
  40-11        Sec. 374.066.  FREQUENCY OF MONITORING:  LAND APPLICATION OF
  40-12  BIOSOLIDS.  (a)  The frequency of monitoring for the pollutants
  40-13  listed in Section 374.058, the pathogen density requirements of
  40-14  Sections 374.083 through 374.089 and of Sections 374.091 through
  40-15  374.093, and the vector attraction reduction requirements of
  40-16  Sections 374.096(b)(1) through (8) are determined according to the
  40-17  following table:
  40-18         AMOUNT OF BIOSOLIDS*                  FREQUENCY
  40-19     (METRIC TONS PER 365-DAY PERIOD)
  40-20     More than zero but less than 290       once per year
  40-21     290 or more but less than 1,500        once per quarter
  40-22                                            (four times per year)
  40-23     1,500 or more but less than            once per 60 days
  40-24     15,000                                 (six times per year)
  40-25     15,000 or more                         once per month
   41-1                                            (12 times per year)
   41-2  *Either the amount of bulk biosolids applied to the land or the
   41-3  amount of biosolids received by a person who prepares sewage sludge
   41-4  that is sold or given away in a bag or other container for
   41-5  application to the land (dry weight basis)
   41-6        (b)  After the biosolids have been monitored for two years at
   41-7  the frequency determined under Subsection (a), the commission may
   41-8  reduce the frequency of monitoring for pollutant concentrations and
   41-9  for the pathogen density requirements of Sections 374.086(a) and
  41-10  (b).  In no case may the frequency of monitoring be less than once
  41-11  per year if biosolids are applied to the land.
  41-12        Sec. 374.067.  FREQUENCY OF MONITORING:  DOMESTIC SEPTAGE.
  41-13  If the pathogen requirements of Section 374.095(b) or the vector
  41-14  attraction reduction requirements of Section 374.096(b)(12) are met
  41-15  when domestic septage is applied to agricultural land, a forest, or
  41-16  a reclamation site, each container of domestic septage applied to
  41-17  the land shall be monitored for compliance with the applicable
  41-18  requirements.
  41-19        Sec. 374.068.  RECORDKEEPING:  BIOSOLIDS.  (a)  The person
  41-20  who prepares the sewage sludge for land application as described in
  41-21  Section 374.053(1) or (3) shall develop the following information
  41-22  and retain the information for five years:
  41-23              (1)  the concentration in the biosolids of each
  41-24  pollutant listed in Section 374.058(c);
  41-25              (2)  the following certification statement:  "I
   42-1  certify, under penalty of law, that the Class A pathogen
   42-2  requirements of Sections 374.083 through 374.089, Health and Safety
   42-3  Code, and the vector attraction reduction requirement of Section
   42-4  (insert one of the vector attraction reduction requirements of
   42-5  Sections 374.096(b)(1) through (8)), Health and Safety Code, have
   42-6  been met.  This determination has been made under my direction and
   42-7  supervision in accordance with the system designed to ensure that
   42-8  qualified personnel properly gather and evaluate the information
   42-9  used to determine that the pathogen requirements and vector
  42-10  attraction reduction requirements have been met.  I am aware that
  42-11  there are significant penalties for false certification, including
  42-12  the possibility of fine and imprisonment.";
  42-13              (3)  a description of how the Class A pathogen
  42-14  requirements of Sections 374.083 through 374.089 are met; and
  42-15              (4)  a description of how one of the vector attraction
  42-16  reduction requirements of Sections 374.096(b)(1) through (8) is
  42-17  met.
  42-18        (b)  The person who derives the material in Section
  42-19  374.053(2) or (4) shall develop the following information and
  42-20  retain the information for five years:
  42-21              (1)  the concentration of each pollutant listed in
  42-22  Section 374.058(c) in the material;
  42-23              (2)  the following certification statement:  "I
  42-24  certify, under penalty of law, that the Class A pathogen
  42-25  requirements of Sections 374.083 through 374.089, Health and Safety
   43-1  Code, and the vector attraction reduction requirement of Section
   43-2  (insert one of the vector attraction reduction requirements of
   43-3  Sections 374.096(b)(1) through (8)), Health and Safety Code, have
   43-4  been met.  This determination has been made under my direction and
   43-5  supervision in accordance with the system designed to ensure that
   43-6  qualified personnel properly gather and evaluate the information
   43-7  used to determine that the pathogen requirements and the vector
   43-8  attraction reduction requirements have been met.  I am aware that
   43-9  there are significant penalties for false certification, including
  43-10  the possibility of fine and imprisonment.";
  43-11              (3)  a description of how the Class A pathogen
  43-12  requirements of Sections 374.083 through 374.089 are met; and
  43-13              (4)  a description of how one of the vector attraction
  43-14  reduction requirements of Sections 374.096(b)(1) through (8) is
  43-15  met.
  43-16        (c)  If the pollutant concentrations set by Section
  43-17  374.058(c), the Class A pathogen requirements of Sections 374.083
  43-18  through 374.089, and the vector attraction reduction requirements
  43-19  of Section 374.096(b)(9) or (10) are met when bulk biosolids are
  43-20  applied to agricultural land, a forest, a public contact site, or a
  43-21  reclamation site:
  43-22              (1)  the person who prepares the bulk sewage sludge
  43-23  shall develop the following information and retain the information
  43-24  for five years:
  43-25                    (A)  the concentration of each pollutant listed
   44-1  in Section 374.058(c) in the bulk biosolids;
   44-2                    (B)  the following certification statement:  "I
   44-3  certify, under penalty of law, that the pathogen requirements of
   44-4  Sections 374.083 through 374.089, Health and Safety Code, have been
   44-5  met.  This determination has been made under my direction and
   44-6  supervision in accordance with the system designed to ensure that
   44-7  qualified personnel properly gather and evaluate the information
   44-8  used to determine that the pathogen requirements have been met.  I
   44-9  am aware that there are significant penalties for false
  44-10  certification, including the possibility of fine and
  44-11  imprisonment."; and
  44-12                    (C)  a description of how the pathogen
  44-13  requirements of Sections 374.083 through 374.089 are met; and
  44-14              (2)  the person who applies the bulk biosolids shall
  44-15  develop the following information and retain the information for
  44-16  five years:
  44-17                    (A)  the following certification statement:  "I
  44-18  certify, under penalty of law, that the management practices
  44-19  required under Section 374.061, Health and Safety Code, and the
  44-20  vector attraction reduction requirement of Section (insert Section
  44-21  374.096(b)(9) or (10)), Health and Safety Code, have been met.
  44-22  This determination has been made under my direction and supervision
  44-23  in accordance with the system designed to ensure that qualified
  44-24  personnel properly gather and evaluate the information used to
  44-25  determine that the management practices and vector attraction
   45-1  reduction requirements have been met.  I am aware that there are
   45-2  significant penalties for false certification including  fine and
   45-3  imprisonment.";
   45-4                    (B)  a description of how the management
   45-5  practices required by Section 374.061 are met for each site on
   45-6  which bulk biosolids are applied; and
   45-7                    (C)  a description of how the vector attraction
   45-8  reduction requirements of Section 374.096(b)(9) or (10) are met for
   45-9  each site on which bulk biosolids are applied.
  45-10        (d)  If the pollutant concentrations set by Section
  45-11  374.058(c) and the Class B pathogen requirements of Sections
  45-12  374.090 through 374.093 are met when bulk biosolids are applied to
  45-13  agricultural land, a forest, a public contact site, or a
  45-14  reclamation site:
  45-15              (1)  the person who prepares the bulk sewage sludge
  45-16  shall develop the following information and retain the information
  45-17  for five years:
  45-18                    (A)  the concentration in the bulk biosolids of
  45-19  each pollutant listed in Section 374.058(c);
  45-20                    (B)  the following certification statement:  "I
  45-21  certify, under penalty of law, that the Class B pathogen
  45-22  requirements of Sections 374.090 through 374.093, Health and Safety
  45-23  Code, and the vector attraction reduction requirement of Section
  45-24  (insert one of the vector attraction reduction requirements of
  45-25  Sections 374.096(b)(1) through (8), if one of those requirements is
   46-1  met), Health and Safety Code, have been met.  This determination
   46-2  has been made under my direction and supervision in accordance with
   46-3  the system designed to ensure that qualified personnel properly
   46-4  gather and evaluate the information used to determine that the
   46-5  pathogen requirements (and vector attraction reduction
   46-6  requirements, if applicable) have been met.  I am aware that there
   46-7  are significant penalties for false certification, including the
   46-8  possibility of fine and imprisonment.";
   46-9                    (C)  a description of how the Class B pathogen
  46-10  requirements of Sections 374.090 through 374.093 are met; and
  46-11                    (D)  when one of the vector attraction reduction
  46-12  requirements of Sections 374.096(b)(1) through (8) is met, a
  46-13  description of how the vector attraction reduction requirement is
  46-14  met; and
  46-15              (2)  the person who applies the bulk biosolids shall
  46-16  develop the following information and retain the information for
  46-17  five years:
  46-18                    (A)  the following certification statement:  "I
  46-19  certify, under penalty of law, that the management practices
  46-20  required by Section 374.061, Health and Safety Code, the site
  46-21  restrictions set by Section 374.094, Health and Safety Code, and
  46-22  the vector attraction reduction requirements of Section (insert
  46-23  Section 374.096(b)(9) or (10), if one of those requirements is
  46-24  met), Health and Safety Code, have been met for each site on which
  46-25  bulk biosolids are applied.  This determination has been made under
   47-1  my direction and supervision in accordance with the system designed
   47-2  to ensure that qualified personnel properly gather and evaluate the
   47-3  information used to determine that the management practices and
   47-4  site restrictions (and the vector attraction reduction
   47-5  requirements, if applicable) have been met.  I am aware that there
   47-6  are significant penalties for false certification, including the
   47-7  possibility of fine and imprisonment.";
   47-8                    (B)  a description of how the management
   47-9  practices required by Section 374.061 are met for each site on
  47-10  which bulk biosolids are applied;
  47-11                    (C)  a description of how the site restrictions
  47-12  set by Section 374.094 are met for each site on which bulk
  47-13  biosolids are applied; and
  47-14                    (D)  when the vector attraction reduction
  47-15  requirement of Section 374.096(b)(9) or (10) is met, a description
  47-16  of how the vector attraction reduction requirement is met.
  47-17        (e)  If the requirements of Section 374.057(b)(1) are met
  47-18  when bulk biosolids are applied to agricultural land, a forest, a
  47-19  public contact site, or a reclamation site:
  47-20              (1)  the person who prepares the bulk sewage sludge
  47-21  shall develop the following information and retain the information
  47-22  for five years:
  47-23                    (A)  the concentration in the bulk biosolids of
  47-24  each pollutant listed in Section 374.058(a);
  47-25                    (B)  the following certification statement:  "I
   48-1  certify, under penalty of law, that the pathogen requirements of
   48-2  Section (insert Sections 374.083 through 374.089 or Sections
   48-3  374.090 through 374.093), Health and Safety Code, and the vector
   48-4  attraction reduction requirement in Section (insert one of the
   48-5  vector attraction reduction requirements of Sections 374.096(b)(1)
   48-6  through (8), Health and Safety Code, if one of those requirements
   48-7  is met) have been met.  This determination has been made under my
   48-8  direction and supervision in accordance with the system designed to
   48-9  ensure that qualified personnel properly gather and evaluate the
  48-10  information used to determine that the pathogen requirements (and
  48-11  the vector attraction reduction requirements, if applicable) have
  48-12  been met.  I am aware that there are significant penalties for
  48-13  false certification, including the possibility of fine and
  48-14  imprisonment.";
  48-15                    (C)  a description of how the pathogen
  48-16  requirements of Sections 374.083 through 374.089 or Sections
  48-17  374.090 through 374.093 are met; and
  48-18                    (D)  when one of the vector attraction reduction
  48-19  requirements of Sections 374.096(b)(1) through (8) is met, a
  48-20  description of how the vector attraction reduction requirement is
  48-21  met; and
  48-22              (2)  the person who applies the bulk biosolids shall
  48-23  develop the following information, retain the information in
  48-24  Paragraphs (A) through (G) indefinitely, and retain the information
  48-25  in Paragraphs (H) through (M) for five years:
   49-1                    (A)  the location, by street address or by
   49-2  latitude and longitude, of each site on which bulk biosolids are
   49-3  applied;
   49-4                    (B)  the number of hectares in each site on which
   49-5  bulk biosolids are applied;
   49-6                    (C)  the date and time bulk biosolids are applied
   49-7  to each site;
   49-8                    (D)  the cumulative amount of each pollutant, in
   49-9  kilograms, listed in Section 374.058(b) in the bulk biosolids
  49-10  applied to each site, including the amount in Section 374.056(h);
  49-11                    (E)  the amount of sewage sludge, in metric tons,
  49-12  applied to each site;
  49-13                    (F)  the following certification statement:  "I
  49-14  certify, under penalty of law, that the requirements to obtain
  49-15  information under Sections 374.056(f) through (i), Health and
  49-16  Safety Code, have been met for each site on which bulk biosolids
  49-17  are applied.  This determination has been made under my direction
  49-18  and supervision in accordance with the system designed to ensure
  49-19  that qualified personnel properly gather and evaluate the
  49-20  information used to determine that the requirements to obtain
  49-21  information have been met.  I am aware that there are significant
  49-22  penalties for false certification, including fine and
  49-23  imprisonment.";
  49-24                    (G)  a description of how the requirements to
  49-25  obtain information under Sections 374.056(f) through (i) are met;
   50-1                    (H)  the following certification statement:  "I
   50-2  certify, under penalty of law, that the management practices
   50-3  required by Section 374.061, Health and Safety Code, have been met
   50-4  for each site on which bulk biosolids are applied.  This
   50-5  determination has been made under my direction and supervision in
   50-6  accordance with the system designed to ensure that qualified
   50-7  personnel properly gather and evaluate the information used to
   50-8  determine that the management practices have been met.  I am aware
   50-9  that there are significant penalties for false certification,
  50-10  including fine and imprisonment.";
  50-11                    (I)  a description of how the management
  50-12  practices required by Section 374.061 are met for each site on
  50-13  which bulk biosolids are applied;
  50-14                    (J)  the following certification statement if the
  50-15  bulk biosolids meet the Class B pathogen requirements of Sections
  50-16  374.090 through 374.093:  "I certify, under penalty of law, that
  50-17  the site restrictions set by Section 374.094, Health and Safety
  50-18  Code, have been met.  This determination has been made under my
  50-19  direction and supervision in accordance with the system designed to
  50-20  ensure that qualified personnel properly gather and evaluate the
  50-21  information used to determine that the site restrictions have been
  50-22  met.  I am aware that there are significant penalties for false
  50-23  certification, including fine and imprisonment.";
  50-24                    (K)  a description of how the site restrictions
  50-25  set by Section 374.094 are met for each site on which Class B bulk
   51-1  biosolids are applied;
   51-2                    (L)  the following certification statement when
   51-3  the vector attraction reduction requirement of Section
   51-4  374.096(b)(9) or (10) is met:  "I certify, under penalty of law,
   51-5  that the vector attraction reduction requirement of Section (insert
   51-6  Section 374.096(b)(9) or (10)), Health and Safety Code, has been
   51-7  met.  This determination has been made under my direction and
   51-8  supervision in accordance with the system designed to ensure that
   51-9  qualified personnel properly gather and evaluate the information
  51-10  used to determine that the vector attraction reduction requirement
  51-11  has been met.  I am aware that there are significant penalties for
  51-12  false certification, including the possibility  of fine and
  51-13  imprisonment."; and
  51-14                    (M)  if the vector attraction reduction
  51-15  requirements of Section 374.096(b)(9) or (10) are met, a
  51-16  description of how the requirements are met.
  51-17        (f)  If the requirements of Section 374.057(d)(2) are met
  51-18  when biosolids are sold or given away in a bag or other container
  51-19  for application to the land, the person who prepares the biosolids
  51-20  that are sold or given away in a bag or other container shall
  51-21  develop the following information and retain the information for
  51-22  five years:
  51-23              (1)  the annual whole biosolids application rate for
  51-24  the biosolids that do not cause the annual pollutant loading rates
  51-25  set by Section 374.058(d) to be exceeded;
   52-1              (2)  the concentration of each pollutant listed in
   52-2  Section 374.058(d) in the biosolids;
   52-3              (3)  the following certification statement:  "I
   52-4  certify, under penalty of law, that the management practice
   52-5  required under Section 374.061(e), Health and Safety Code, the
   52-6  Class A pathogen requirement of Sections 374.083 through 374.089,
   52-7  Health and Safety Code, and the vector attraction reduction
   52-8  requirement of Section (insert one of the vector attraction
   52-9  reduction requirements of Sections 374.096(b)(1) through (8)),
  52-10  Health and Safety Code, have been met.  This determination has been
  52-11  made under my direction and supervision in accordance with the
  52-12  system designed to ensure that qualified personnel properly gather
  52-13  and evaluate the information used to determine that the management
  52-14  practice, pathogen requirements, and vector attraction reduction
  52-15  requirements have been met.  I am aware that there are significant
  52-16  penalties for false certification, including the possibility of
  52-17  fine and imprisonment.";
  52-18              (4)  a description of how the Class A pathogen
  52-19  requirements of Sections 374.083 through 374.089 are met; and
  52-20              (5)  a description of how one of the vector attraction
  52-21  reduction requirements of Sections 374.096(b)(1) through (8) is
  52-22  met.
  52-23        Sec. 374.069.  RECORDKEEPING:  DOMESTIC SEPTAGE.  If domestic
  52-24  septage is applied to agricultural land, a forest, or a reclamation
  52-25  site, the person who applies the domestic septage shall develop the
   53-1  following information and retain the information for five years:
   53-2              (1)  the location, by street address or by latitude and
   53-3  longitude, of each site on which domestic septage is applied;
   53-4              (2)  the number of acres in each site on which domestic
   53-5  septage is applied;
   53-6              (3)  the date and time domestic septage is applied to
   53-7  each site;
   53-8              (4)  the nitrogen requirement for the crop or
   53-9  vegetation grown on each site during a 365-day period;
  53-10              (5)  the rate, in gallons per acre per 365-day period,
  53-11  at which domestic septage is applied to each site;
  53-12              (6)  the following certification statement:  "I
  53-13  certify, under penalty of law, that the pathogen requirements of
  53-14  Section (insert Section 374.095(a) or (b)), Health and Safety Code,
  53-15  and the vector attraction reduction requirements of Section (insert
  53-16  Section 374.096(b)(9), (10), or (12)), Health and Safety Code, have
  53-17  been met.  This determination has been made under my direction and
  53-18  supervision in accordance with the system designed to ensure that
  53-19  qualified personnel properly gather and evaluate the information
  53-20  used to determine that the pathogen requirements and vector
  53-21  attraction reduction requirements have been met.  I am aware that
  53-22  there are significant penalties for false certification, including
  53-23  the possibility of fine and imprisonment.";
  53-24              (7)  a description of how the pathogen requirements of
  53-25  Section 374.095(a) or (b) are met; and
   54-1              (8)  a description of how the vector attraction
   54-2  reduction requirements of Section 374.096(b)(9), (10), or (12) are
   54-3  met.
   54-4        Sec. 374.070.  REPORTING.  A facility permitted under Section
   54-5  26.027, Water Code, shall submit the following information to the
   54-6  commission:
   54-7              (1)  the information required by Section 374.068,
   54-8  except the information required by Sections 374.068(c)(2), (d)(2),
   54-9  and (e)(2), for the appropriate requirements on September 1 of each
  54-10  year; and
  54-11              (2)  the information required by Sections
  54-12  374.068(e)(2)(A) through (G) on September 1 of each year if 90
  54-13  percent or more of any of the cumulative pollutant loading rates
  54-14  set by Section 374.058(b) are reached at a site.
  54-15         (Sections 374.071 to 374.080 reserved for expansion)
  54-16                       SUBCHAPTER C.  PATHOGENS;
  54-17      VECTOR ATTRACTION REDUCTION; PROCESSES TO REDUCE PATHOGENS
  54-18        Sec. 374.081.  SCOPE. This subchapter contains the:
  54-19              (1)  requirements for biosolids to be classified as
  54-20  Class A or Class B, with respect to pathogens;
  54-21              (2)  site restrictions for land on which Class B
  54-22  biosolids are applied;
  54-23              (3)  pathogen requirements for domestic septage applied
  54-24  to agricultural land, a forest, or a reclamation site;
  54-25              (4)  alternative vector attraction reduction
   55-1  requirements for biosolids that are applied to the land or placed
   55-2  on a surface disposal site; and
   55-3              (5)  processes to reduce pathogens.
   55-4        Sec. 374.082.  DEFINITIONS.  In this subchapter:
   55-5              (1)  "Aerobic digestion" means the biochemical
   55-6  decomposition of organic matter in sewage sludge into carbon
   55-7  dioxide and water by microorganisms in the presence of air.
   55-8              (2)  "Anaerobic digestion" means the biochemical
   55-9  decomposition of organic matter in sewage sludge into methane gas
  55-10  and carbon dioxide by microorganisms in the absence of air.
  55-11              (3)  "Density of microorganisms" means the number of
  55-12  microorganisms per unit mass of total solids (dry weight) in the
  55-13  sewage sludge.
  55-14              (4)  "Land with a high potential for public exposure"
  55-15  means land that the public uses frequently, including a public
  55-16  contact site and a reclamation site located in a populated area
  55-17  (e.g., a construction site located in a city).
  55-18              (5)  "Land with a low potential for public exposure"
  55-19  means land that the public uses infrequently, including
  55-20  agricultural land, a forest, and a reclamation site located in an
  55-21  unpopulated area (e.g., a strip mine located in a rural area).
  55-22              (6)  "Pathogenic organisms" means disease-causing
  55-23  organisms, including certain bacteria, protozoa, viruses, and
  55-24  viable helminth ova.
  55-25              (7)  "pH" means the logarithm of the reciprocal of the
   56-1  hydrogen ion concentration.
   56-2              (8)  "Specific oxygen uptake rate (SOUR)" means the
   56-3  mass of oxygen consumed per unit time per unit mass of total solids
   56-4  (dry weight basis) in the sewage sludge.
   56-5              (9)  "Total solids" means the materials in sewage
   56-6  sludge that remain as residue when the sewage sludge is dried at
   56-7  103 to 105 degrees Celsius.
   56-8              (10)  "Unstabilized solids" means organic materials in
   56-9  sewage sludge that have not been treated in an aerobic or anaerobic
  56-10  treatment process.
  56-11              (11)  "Vector attraction" means the characteristic of
  56-12  sewage sludge that attracts rodents, flies, mosquitos, or other
  56-13  organisms capable of transporting infectious agents.
  56-14              (12)  "Volatile solids" means the amount of the total
  56-15  solids in sewage sludge lost when the sewage sludge is combusted at
  56-16  550 degrees Celsius in the presence of excess air.
  56-17        Sec. 374.083.  PATHOGENS:  BIOSOLIDS--CLASS A.  (a)  The
  56-18  requirements of Subsections (b) and (c) and the requirements of
  56-19  Section 374.084, 374.085, 374.086, 374.087, 374.088, or 374.089
  56-20  must be met for biosolids to be classified as Class A with respect
  56-21  to pathogens.
  56-22        (b)  The Class A pathogen requirements of Sections 374.084
  56-23  through 374.089 must be met:
  56-24              (1)  before the vector attraction reduction
  56-25  requirements of Section 374.096, except the requirements of
   57-1  Sections 374.096(b)(6) through (8), are met; or
   57-2              (2)  at the same time the requirements described in
   57-3  Subdivision (1) are met.
   57-4        (c)  The density of fecal coliform in the biosolids must be
   57-5  less than 1,000 Most Probable Number per gram of total solids (dry
   57-6  weight basis), or the density of Salmonella sp.  bacteria in the
   57-7  biosolids must be less than three Most Probable Number per four
   57-8  grams of total solids (dry weight basis) at the time:
   57-9              (1)  the biosolids are used or disposed;
  57-10              (2)  the sewage sludge is prepared for sale or giveaway
  57-11  in a bag or other container for application to the land; or
  57-12              (3)  the sewage sludge or material derived from sewage
  57-13  sludge is prepared to meet the requirements of Section 374.053 or
  57-14  374.055.
  57-15        Sec. 374.084.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
  57-16  1).  (a)  The temperature of the sewage sludge that is used or
  57-17  disposed must be maintained at a specific value for a time
  57-18  calculated using an equation under Subsection (b) or (e).
  57-19        (b)  If the percentage of solids in the sewage sludge is
  57-20  seven percent or higher:
  57-21              (1)  the temperature of the sewage sludge must be 50
  57-22  degrees Celsius or higher;
  57-23              (2)  the time must be 20 minutes or longer; and
  57-24              (3)  the temperature and time is determined using the
  57-25  following equation, except when small particles of sewage sludge
   58-1  are heated by warmed gases or an immiscible liquid:
   58-2                                          0.1400t
   58-3  Where
   58-4        (c)  If the percentage of solids in the sewage sludge is
   58-5  seven percent or higher and small particles of sewage sludge are
   58-6  heated by warmed gases or an immiscible liquid:
   58-7              (1)  the temperature of the sewage sludge must be 50
   58-8  degrees Celsius or higher;
   58-9              (2)  the time must be 15 seconds or longer; and
  58-10              (3)  the temperature and time is determined using the
  58-11  equation in Subsection (b).
  58-12        (d)  If the percentage of solids in the sewage sludge is less
  58-13  than seven percent and the time is at least 15 seconds but less
  58-14  than 30 minutes, the temperature and time is determined using the
  58-15  equation in Subsection (b).
  58-16        (e)  If the percentage of solids in the sewage sludge is less
  58-17  than seven percent, the temperature of the sewage sludge is 50
  58-18  degrees Celsius or higher, and the time is 30 minutes or longer,
  58-19  the temperature and time is determined using the following
  58-20  equation:
  58-21                                         0.1400t
  58-22  Where
  58-23        Sec. 374.085.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
  58-24  2).  (a)  The pH of the sewage sludge that is used or disposed must
  58-25  be raised to above 12 and must remain above 12 for 72 hours.
   59-1        (b)  The temperature of the sewage sludge must be above 52
   59-2  degrees Celsius for 12 hours or longer during the period that the
   59-3  pH of the sewage sludge is above 12.
   59-4        (c)  At the end of the 72-hour period during which the pH of
   59-5  the sewage sludge is above 12, the sewage sludge must be air dried
   59-6  to achieve more than 50 percent solids in the biosolids.
   59-7        Sec. 374.086.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
   59-8  3).  (a)(1)  The sewage sludge must be analyzed before pathogen
   59-9  treatment to determine whether the sewage sludge contains enteric
  59-10  viruses.
  59-11              (2)  If the density of enteric viruses in the sewage
  59-12  sludge before pathogen treatment is less than one Plaque-forming
  59-13  Unit per four grams of total solids (dry weight basis), the
  59-14  biosolids are Class A with respect to enteric viruses until the
  59-15  next monitoring episode for the sewage sludge.
  59-16              (3)  If the density of enteric viruses in the sewage
  59-17  sludge before pathogen treatment is equal to or greater than one
  59-18  Plaque-forming Unit per four grams of total solids (dry weight
  59-19  basis), the biosolids are Class A with respect to enteric viruses
  59-20  if:
  59-21                    (A)  the density of enteric viruses in the sewage
  59-22  sludge after pathogen treatment is less than one Plaque-forming
  59-23  Unit per four grams of total solids (dry weight basis); and
  59-24                    (B)  the values or ranges of values for the
  59-25  operating parameters for the pathogen treatment process that
   60-1  produces the sewage sludge that meets the enteric virus density
   60-2  requirement are documented.
   60-3              (4)  After the enteric virus reduction in Subdivision
   60-4  (3) is demonstrated for the pathogen treatment process, the
   60-5  biosolids continue to be Class A with respect to enteric viruses if
   60-6  the values for the pathogen treatment process operating parameters
   60-7  are consistent with the values or ranges of values documented in
   60-8  Subdivision (3).
   60-9        (b)(1)  The sewage sludge must be analyzed before pathogen
  60-10  treatment to determine whether the sewage sludge contains viable
  60-11  helminth ova.
  60-12              (2)  If the density of viable helminth ova in the
  60-13  sewage sludge before pathogen treatment is less than one per four
  60-14  grams of total solids (dry weight basis), the biosolids are Class A
  60-15  with respect to viable helminth ova until the next monitoring
  60-16  episode for the sewage sludge.
  60-17              (3)  If the density of viable helminth ova in the
  60-18  sewage sludge prior to pathogen treatment is equal to or greater
  60-19  than one per four grams of total solids (dry weight basis), the
  60-20  biosolids are Class A with respect to viable helminth ova if:
  60-21                    (A)  the density of viable helminth ova in the
  60-22  sewage sludge after pathogen treatment is less than one per four
  60-23  grams of total solids (dry weight basis); and
  60-24                    (B)  the values or ranges of values for the
  60-25  operating parameters for the pathogen treatment process that
   61-1  produces the sewage sludge that meets the viable helminth ova
   61-2  density requirement are documented.
   61-3              (4)  After the viable helminth ova reduction in
   61-4  Subdivision (3) is demonstrated for the pathogen treatment process,
   61-5  the biosolids continue to be Class A with respect to viable
   61-6  helminth ova if the values for the pathogen treatment process
   61-7  operating parameters are consistent with the values or ranges of
   61-8  values documented in Subdivision (3).
   61-9        Sec. 374.087.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
  61-10  4).  (a)  The density of enteric viruses in the biosolids must be
  61-11  less than one Plaque-forming Unit per four grams of total solids
  61-12  (dry weight basis) at the time:
  61-13              (1)  the biosolids are used or disposed;
  61-14              (2)  the sewage sludge is prepared for sale or giveaway
  61-15  in a bag or other container for application to the land; or
  61-16              (3)  the sewage sludge or material derived from sewage
  61-17  sludge is prepared to meet the requirements of Section 374.053 or
  61-18  374.055, unless otherwise specified by the commission.
  61-19        (b)  The density of viable helminth ova in the biosolids must
  61-20  be less than one per four grams of total solids (dry weight basis)
  61-21  at the time:
  61-22              (1)  the biosolids are used or disposed;
  61-23              (2)  the sewage sludge is prepared for sale or giveaway
  61-24  in a bag or other container for application to the land; or
  61-25              (3)  the sewage sludge or material derived from sewage
   62-1  sludge is prepared to meet the requirements of Section 374.053 or
   62-2  374.055, unless otherwise specified by the commission.
   62-3        Sec. 374.088.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
   62-4  5).  Biosolids that are used or disposed must be treated in one of
   62-5  the processes to further reduce pathogens described by Section
   62-6  374.098.
   62-7        Sec. 374.089.  PATHOGENS:  BIOSOLIDS--CLASS A (ALTERNATIVE
   62-8  6).  Biosolids that are used or disposed must be treated in a
   62-9  process determined by the EPA to be equivalent to a process to
  62-10  further reduce pathogens as described by Section 374.098.
  62-11        Sec. 374.090.  PATHOGENS:  BIOSOLIDS--CLASS B.  (a)  The
  62-12  requirements of Section 374.091, 374.092, or 374.093 must be met
  62-13  for biosolids to be classified Class B with respect to pathogens.
  62-14        (b)  The site restrictions set by Section 374.094 must be met
  62-15  if biosolids that meet the Class B pathogen requirements of Section
  62-16  374.091, 374.092, or 374.093 are applied to the land.
  62-17        Sec. 374.091.  PATHOGENS:  BIOSOLIDS--CLASS B (ALTERNATIVE
  62-18  1).  (a)  Seven samples of the biosolids must be collected at the
  62-19  time the biosolids are used or disposed.
  62-20        (b)  The geometric mean of the density of fecal coliform in
  62-21  the samples collected under Subsection (a) must be less than two
  62-22  million Most Probable Number per gram of total solids (dry weight
  62-23  basis) or two million Colony Forming Units per gram of total solids
  62-24  (dry weight basis).
  62-25        Sec. 374.092.  PATHOGENS:  BIOSOLIDS--CLASS B (ALTERNATIVE
   63-1  2).  (a)  Biosolids that are used or disposed must be treated in
   63-2  one of the processes to significantly reduce pathogens described by
   63-3  Section 374.097.
   63-4        (b)  An independent registered professional engineer shall
   63-5  certify to the generator of the sewage sludge that the wastewater
   63-6  treatment facility generating the sewage sludge is designed to
   63-7  achieve one of the processes to significantly reduce pathogens
   63-8  described by Section 374.097 at the design loadings and flows
   63-9  routinely expected at the facility.
  63-10        (c)  If the biosolids are generated from a mixture of sources
  63-11  from more than one wastewater treatment facility, the resulting
  63-12  derived product must meet:
  63-13              (1)  one of the processes to significantly reduce
  63-14  pathogens described by Section 374.097; and
  63-15              (2)  the certification, operation, and recordkeeping
  63-16  requirements of this section.
  63-17        (d)  All certification records and operational records
  63-18  describing how the requirements of this section were met must be
  63-19  kept by the generator for a minimum of three years and be available
  63-20  for inspection and review by commission staff.
  63-21        Sec. 374.093.  PATHOGENS:  BIOSOLIDS--CLASS B (ALTERNATIVE
  63-22  3).  (a)  Biosolids that are used or disposed must be treated in a
  63-23  process that is determined by the EPA to be equivalent to one of
  63-24  the processes to significantly reduce pathogens described by
  63-25  Section 374.097.
   64-1        (b)  If the alternative under this section is used, the
   64-2  generator must provide to the executive director proof that the EPA
   64-3  has determined that the plant used a process that is equivalent to
   64-4  one of the processes to significantly reduce pathogens described by
   64-5  Section 374.097.
   64-6        (c)  If the biosolids are generated from a mixture of sources
   64-7  from more than one wastewater treatment facility, the resulting
   64-8  derived product must meet:
   64-9              (1)  one of the processes to significantly reduce
  64-10  pathogens described by Section 374.097; and
  64-11              (2)  the certification, operation, and recordkeeping
  64-12  requirements of this section.
  64-13        (d)  All certification records and operational records
  64-14  describing how the requirements of this section were met must be
  64-15  kept by the generator for a minimum of three years and be available
  64-16  for inspection and review by commission staff.
  64-17        Sec. 374.094.  SITE RESTRICTIONS.  (a)  Food crops with
  64-18  harvested parts that touch the mixture of biosolids and soil and
  64-19  are completely above the land surface may not be harvested for 14
  64-20  months after application of biosolids.
  64-21        (b)  Food crops with harvested parts below the surface of the
  64-22  land may not be harvested for 20 months after application of
  64-23  biosolids if the biosolids remain on the land surface for four
  64-24  months or more before incorporation into the soil.
  64-25        (c)  Food crops with harvested parts below the surface of the
   65-1  land may not be harvested for 38 months after application of
   65-2  biosolids if the biosolids remain on the land surface for less than
   65-3  four months before incorporation into the soil.
   65-4        (d)  Food crops, feed crops, and fiber crops may not be
   65-5  harvested for 30 days after application of biosolids.
   65-6        (e)  Animals may not be allowed to graze on the land for 30
   65-7  days after application of biosolids.
   65-8        (f)  Turf grown on land where biosolids are applied may not
   65-9  be harvested for one year after application of the biosolids if the
  65-10  harvested turf is placed on land with a high potential for public
  65-11  exposure or a lawn, unless otherwise specified by the commission.
  65-12        (g)  Public access to land with a high potential for public
  65-13  exposure is restricted for one year after application of biosolids.
  65-14        (h)  Public access to land with a low potential for public
  65-15  exposure is restricted for 30 days after application of biosolids.
  65-16        Sec. 374.095.  DOMESTIC SEPTAGE.  (a)  The site restrictions
  65-17  set by Section 374.094 must be met if domestic septage is applied
  65-18  to agricultural land, a forest, or a reclamation site.
  65-19        (b)  The pH of domestic septage applied to agricultural land,
  65-20  a forest, or a reclamation site must be raised to 12 or higher by
  65-21  alkali addition and, without the addition of more alkali, must
  65-22  remain at 12 or higher for 30 minutes.  The site restrictions set
  65-23  by Sections 374.094(a) through (d) must be met.
  65-24        Sec. 374.096.  VECTOR ATTRACTION REDUCTION.  (a)(1)  One of
  65-25  the vector attraction reduction requirements of Subsections (b)(1)
   66-1  through (10) must be met if bulk biosolids are applied to
   66-2  agricultural land, a forest, a public contact site, or a
   66-3  reclamation site.
   66-4              (2)  One of the vector attraction reduction
   66-5  requirements of Subsections (b)(1) through (8) must be met if bulk
   66-6  biosolids are applied to a lawn or a home garden.
   66-7              (3)  One of the vector attraction reduction
   66-8  requirements of Subsections (b)(1) through (8) must be met if
   66-9  biosolids are prepared for sale or giveaway in a bag or other
  66-10  container for application to the land.
  66-11              (4)  One of the vector attraction reduction
  66-12  requirements of Subsections (b)(1) through (11) must be met if
  66-13  biosolids, other than domestic septage, are placed on an active
  66-14  sewage sludge unit.
  66-15              (5)  One of the vector attraction reduction
  66-16  requirements of Subsection (b)(9), (10), or (12) must be met if
  66-17  domestic septage is applied to agricultural land, a forest, or a
  66-18  reclamation site or is placed on an active sewage sludge unit.
  66-19        (b)(1)  The mass of volatile solids in the sewage sludge must
  66-20  be reduced by a minimum of 38 percent.
  66-21              (2)  If the volatile solids reduction required by
  66-22  Subdivision (1) cannot be met for an anaerobically digested sewage
  66-23  sludge, vector attraction reduction may be demonstrated by
  66-24  digesting part of the previously digested sewage sludge
  66-25  anaerobically in the laboratory in a bench-scale unit for 40
   67-1  additional days between 30 and 37 degrees Celsius.  Vector
   67-2  attraction reduction is achieved if at the end of the 40-day period
   67-3  the volatile solids in the sewage sludge at the beginning of that
   67-4  period are reduced by less than 17 percent.
   67-5              (3)  If the volatile solids reduction required by
   67-6  Subdivision (1) cannot be met for an aerobically digested sewage
   67-7  sludge, vector attraction reduction may be demonstrated by
   67-8  digesting a portion of the previously digested sewage sludge that
   67-9  has a percentage of solids of two percent or less aerobically in
  67-10  the laboratory in a bench-scale unit for 30 additional days at 20
  67-11  degrees Celsius.  Vector attraction reduction is achieved if at the
  67-12  end of the 30-day period the volatile solids in the sewage sludge
  67-13  at the beginning of that period are reduced by less than 15
  67-14  percent.
  67-15              (4)  The specific oxygen uptake rate (SOUR) for sewage
  67-16  sludge treated in an aerobic process is equal to or less than 1.5
  67-17  milligrams of oxygen per hour per gram of total solids (dry weight
  67-18  basis) at 20 degrees Celsius.
  67-19              (5)  Sewage sludge must be treated in an aerobic
  67-20  process for 14 days or longer.  During that time, the temperature
  67-21  of the sewage sludge must be higher than 40 degrees Celsius, and
  67-22  the average temperature of the sewage sludge must be higher than 45
  67-23  degrees Celsius.
  67-24              (6)  The pH of sewage sludge must be raised to 12 or
  67-25  higher by alkali addition and, without the addition of more alkali,
   68-1  must remain at 12 or higher for two hours and then at 11.5 or
   68-2  higher for an additional 22 hours.
   68-3              (7)  The percentage of solids in sewage sludge that
   68-4  does not contain unstabilized solids generated in a primary
   68-5  wastewater treatment process must be 75 percent or more, using the
   68-6  moisture content and total solids before mixing with other
   68-7  materials.
   68-8              (8)  The percentage of solids in sewage sludge that
   68-9  contains unstabilized solids generated in a primary wastewater
  68-10  treatment process must be 90 percent or more, using the moisture
  68-11  content and total solids before mixing with other materials.
  68-12              (9)(A)  Sewage sludge must be injected below the
  68-13  surface of the land.
  68-14                    (B)  A significant amount of the sewage sludge
  68-15  may not be present on the land surface within one hour after the
  68-16  sewage sludge is injected.
  68-17                    (C)  If the sewage sludge that is injected below
  68-18  the surface of the land is Class A with respect to pathogens, the
  68-19  sewage sludge must be injected below the land surface not later
  68-20  than eight hours after being discharged from the pathogen treatment
  68-21  process.
  68-22              (10)(A)  Sewage sludge applied to the land surface or
  68-23  placed on a surface disposal site must be incorporated into the
  68-24  soil not later than six hours after application to or placement on
  68-25  the land.
   69-1                    (B)  If sewage sludge that is incorporated into
   69-2  the soil is Class A with respect to pathogens, the sewage sludge
   69-3  must be applied to or placed on the land not later than eight hours
   69-4  after being discharged from the pathogen treatment process.
   69-5              (11)  Sewage sludge placed on an active sewage sludge
   69-6  unit must be covered with soil or other material at the end of each
   69-7  operating day.
   69-8              (12)  The pH of domestic septage must be raised to 12
   69-9  or higher by alkali addition and, without the addition of more
  69-10  alkali, must remain at 12 or higher for 30 minutes.
  69-11        Sec. 374.097.  PROCESSES TO SIGNIFICANTLY REDUCE PATHOGENS
  69-12  (PSRP).  The following processes may be used to significantly
  69-13  reduce pathogens in sewage sludge:
  69-14              (1)  Aerobic digestion.  Sewage sludge is agitated with
  69-15  air or oxygen to maintain aerobic conditions for a specific mean
  69-16  cell residence time at a specific temperature.  Values for the mean
  69-17  cell residence time and temperature must be between 40 days at 20
  69-18  degrees Celsius and 60 days at 15 degrees Celsius.
  69-19              (2)  Air drying.  Sewage sludge is dried on sand beds
  69-20  or on paved or unpaved basins.  The sewage sludge dries for a
  69-21  minimum of three months.  During two of the three months, the
  69-22  ambient average daily temperature is above zero degrees Celsius.
  69-23              (3)  Anaerobic digestion.  Sewage sludge is treated in
  69-24  the absence of air for a specific mean cell residence time at a
  69-25  specific temperature.  Values for the mean cell residence time and
   70-1  temperature must be between 15 days at 35 to 55 degrees Celsius and
   70-2  60 days at 20 degrees Celsius.
   70-3              (4)  Composting.  Using the within-vessel, static
   70-4  aerated pile, or windrow composting methods, the temperature of the
   70-5  sewage sludge is raised to 40 degrees Celsius or higher and remains
   70-6  at 40 degrees Celsius or higher for five days.  For four hours
   70-7  during the five days, the temperature in the compost pile exceeds
   70-8  55 degrees Celsius.
   70-9              (5)  Lime stabilization.  Sufficient lime is added to
  70-10  the sewage sludge to raise the pH of the sewage sludge to 12 after
  70-11  two hours of contact.
  70-12        Sec. 374.098.  PROCESSES TO FURTHER REDUCE PATHOGENS (PFRP).
  70-13  The following processes may be used to further reduce pathogens in
  70-14  sewage sludge:
  70-15              (1)  Composting.  Using the within-vessel composting
  70-16  method or the static aerated pile composting method, the
  70-17  temperature of the sewage sludge is maintained at 55 degrees
  70-18  Celsius or higher for three days.  Using the windrow composting
  70-19  method, the temperature of the sewage sludge is maintained at 55
  70-20  degrees Celsius or higher for 15 days or longer.  During the period
  70-21  when the compost is maintained at 55 degrees Celsius or higher,
  70-22  there shall be a minimum of five turnings of the windrow.
  70-23              (2)  Heat drying.  Sewage sludge is dried by direct or
  70-24  indirect contact with hot gases to reduce the moisture content of
  70-25  the sewage sludge to 10 percent or lower.  Either the temperature
   71-1  of the sewage sludge particles exceeds 80 degrees Celsius or the
   71-2  wet bulb temperature of the gas in contact with the sewage sludge
   71-3  as the sewage sludge leaves the dryer exceeds 80 degrees Celsius.
   71-4              (3)  Heat treatment.  Liquid sewage sludge is heated to
   71-5  180 degrees Celsius or higher for 30 minutes.
   71-6              (4)  Thermophilic aerobic digestion.  Liquid sewage
   71-7  sludge is agitated with air or oxygen to maintain aerobic
   71-8  conditions and the mean cell residence time of the sewage sludge is
   71-9  10 days at 55 to 60 degrees Celsius.
  71-10              (5)  Beta ray irradiation.  Sewage sludge is irradiated
  71-11  with beta rays from an accelerator at dosages of at least 1.0
  71-12  megarad at room temperature (ca.  20 degrees Celsius).
  71-13              (6)  Gamma ray irradiation.  Sewage sludge is
  71-14  irradiated with gamma rays from certain isotopes, such as Cobalt 60
  71-15  and Cesium 137, at room temperature (ca. 20 degrees Celsius).
  71-16              (7)  Pasteurization.  The temperature of the sewage
  71-17  sludge is maintained at 70 degrees Celsius or higher for 30 minutes
  71-18  or longer.
  71-19        SECTION 4.  (a)  This Act takes effect September 1, 1995.
  71-20        (b)  Except as provided by Subsection (c) of this section, a
  71-21  requirement in a registration or permit for the beneficial land
  71-22  application of sewage sludge or biosolids or certain domestic
  71-23  septage issued by the Texas Natural Resource Conservation
  71-24  Commission or the Texas Department of Health before September 1,
  71-25  1995, that is more stringent than the requirements established by
   72-1  Chapter 374, Health and Safety Code, as added by this Act, is
   72-2  superseded by this Act.
   72-3        (c)  The members of the Texas Natural Resource Conservation
   72-4  Commission, under Section 374.010, Health and Safety Code, as added
   72-5  by this Act, on a case-by-case basis may keep in place a more
   72-6  stringent requirement in a registration or permit issued before
   72-7  September 1, 1995, if the requirement is necessary to protect the
   72-8  public health and the environment.
   72-9        SECTION 5.  The importance of this legislation and the
  72-10  crowded condition of the calendars in both houses create an
  72-11  emergency and an imperative public necessity that the
  72-12  constitutional rule requiring bills to be read on three several
  72-13  days in each house be suspended, and this rule is hereby suspended.