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.