Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Application for Registration 22 TAC sec.131.54 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.54, concerning general application information, without changes to the proposed text as published in the June 22, 1993, issue of the Texas Register (18 TexReg 4129). The section includes the requirement that a completed questionnaire on the provisions of the Texas Engineering Practice Act, the Board Rules of Practice and Procedure, and Professional Conduct and Ethics must accompany an application for registration as a professional engineer. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326626 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 22, 1993 For further information, please call: (512) 440-7723 22 TAC sec.131.58 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.58, concerning the withdrawal of an application, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4177). A grammatical error in subsection (d) of the section has been deleted. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326627 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 440-7723 Engineering Experience 22 TAC sec.131.81 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.81, concerning experience evaluation, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4177). Erroneous and unnecessary adjectives in paragraph (14)(A) and (B) have been deleted. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326628 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 440-7723 22 TAC sec.131.91, sec.131.93 The Texas State Board of Registration for Professional Engineers adopts amendments to sec.131.91 and sec.131.93, concerning education, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4178). Section 131.91 clarifies that applicants with foreign degrees must meet the requirements the Texas Engineering Practice Act, sec.12(a)(2), unless they qualify under the provisions of sec.131.92(a)(2), and sec.131.93 clarifies that an official transcript must be provided from each school from which an engineering degree is claimed on an application for registration. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326630 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 440-7723 Education 22 TAC sec.131.91 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.91, concerning educational requirements for registration, without changes to the proposed text as published in the June 22, 1993, issue of the Texas Register (18 TexReg 4129). The section clarifies the educational requirements for registration under the Texas Engineering Practice Act, sec.12(a)(2), and permits persons who were previously not eligible under the section to begin taking the Fundamentals of Engineering Examination in October, 1993. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326629 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 22, 1993 For further information, please call: (512) 440-7723 Examinations 22 TAC sec.131.101 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.101, concerning examinations, without changes to the proposed text as published in the March 26, 1993, issue of the Texas Register (18 TexReg 1895). The section clarifies that individuals who have been approved to take an examination for registration purposes must start the examination schedule on the first examination date for which they are eligible. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326631 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 440-7723 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.101, concerning engineering examinations, without changes to the proposed text as published in the June 25, 1993, issue of the Texas Register (18 TexReg 4178). The section as amended moves the fundamentals of engineering examination provisions previously described in subsection (f)(1)-(3) to subsection (a), and also deletes redundant language in subsection (d)(4). No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326632 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 25, 1993 For further information, please call: (512) 440-7723 Board Review of Application 22 TAC sec.131.120 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.120, concerning criminal convictions, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3653). The section as amended changes the name of the title of sec.131.224 in subsection (e)(2). No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326633 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 440-7723 Registration 22 TAC sec.131.137 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.137, concerning disciplinary actions, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3653). The amended section changes the name of the title of sec.131.224 in subsection (e), and also changes the ending section number in the reference to hearings- contested cases in subsection (f) as sec.131.225 has been repealed. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326634 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 440-7723 22 TAC sec.131.140 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.140, concerning registration, without changes to the proposed text as published in the March 26, 1993, issue of the Texas Register (18 TexReg 1896). The section stipulates that a registrant must comply with the final decisions and orders of the board and that failure to do so will result in a separate offense of misconduct. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326635 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 440-7723 Hearings-Contested Cases 22 TAC sec.sec.131.181-131.186, 131.189, 131.191-131.195, 131.197, 131.198, 131.201, 131.202, 131.204, 131.215, 131.224, 131.225 The State Board of Registration for Professional Engineers adopts the repeal of sec.sec.131.181-131.186,131.189, 131.191-131.195, 131.197, 131.198, 131. 201, 131.202, 131.204, 131.215, 131.224, and 131.225, concerning administrative procedures for contested case hearings, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3653). The sections are obsolete as a result of the enactment of Texas Civil Statutes, Article 6252-13f. The repeals permit the Board to promulgate new sec.sec.131.181-131.186, 131.189, 131.191-131.195, 131.197, 131.198, 131.201, 131. 202, 131.204, 131.215, and 131.224, which conform with the enabling statute and procedures of the State Office of Administrative Hearings. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326636 Charles E. Nemir, P.E. Executive Director State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 440-7723 22 TAC sec.sec.131.181-131.186, 131.189, 131.191-131.195, 131.197, 131.198, 131.201, 131.202, 131.204, 131.215, 131.224 The Texas State Board of Registration for Professional Engineers adopts new sec.sec.131.181-131.186,131.189, 131.191-131.195, 131.197, 131.198, 131.201, 131.202, 131.204, 131.215, and 131.224, concerning administrative procedures for contested case hearings, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3654). The new sections conform with the enabling statute and procedures of the State Office of Administrative Hearings (Texas Civil Statutes, Article 6252-13f), which will handle contested case hearings for the board. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326637 Charles E. Neimir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 440-7723 22 TAC sec.sec.131.187, 131.188, 131.190, 131.196, 131. 199, 131.200, 131.203, 131.204-131.214, 131.216-131.219, 131.221-131.223 The Texas State Board of Registration for Professional Engineers adopts amendments to sec.sec.131.187, 131.188, 131.190, 131.196, 131.199, 131.200, 131. 203, 131.205-131.214, 131.216-131.219, and 131.221-131.223, concerning administrative procedures for contested case hearings, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register (18 TexReg 3658). The amended sections conform with the enabling statute and procedures of the State Office of Administrative Hearings (Texas Civil Statutes, Article 6252- 13f), which will handle contested case hearings for the board. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326638 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 20, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 440-7723 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 128. Benefits-Calculation of Average Weekly Wage 28 TAC sec.128.2 The Texas Workers' Compensation Commission adopts an amendment to sec.128. 2 concerning carrier presumption of employee's wages; wage statement required, without changes to the proposed text as published in the May 7, 1993, issue of the Texas Register (18 TexReg 2933). The rule is required by Texas Civil Statutes, Article 8308-4.10(f), which require employers to file wage statements. The amendment establishes that the employer must send a copy of the wage statement to the employee or the employee's representative but not to the commission unless the commission requests the wage statement from the employer. The amendments to this rule are necessary to inform the employee of the basis for determining the employee's average weekly wage so that any disputes will be identified at the earliest possible point and so the employee will have a better understanding of what is being done. Additionally, by discontinuing the automatic copy to the commission, that agency will be able to expend less effort processing routine paperwork and more effort on resolving disputes that arise in the process. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Act, and Texas Civil Statutes, Article 8308-4.10(f), which requires employers to submit wage statements. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326603 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: September 1, 1993 Proposal publication date: May 7, 1993 For further information, please call: (512) 440-3592 Chapter 140. Dispute Resolution/General Provisions 28 TAC sec.140.3 The Texas Workers' Compensation Commission adopts an amendment to sec.140. 3, concerning expedited proceedings, without changes to the proposed as text published in the May 7, 1993, issue of the Texas Register (18 TexReg 2934). The rule is required by Texas Civil Statutes, Article 8308-6.12(d), which require the commission to provide by rule for expedited proceedings under certain circumstances. The amendment establishes that the commission will expedite proceedings for specific issues and that the executive director will apply the commission policies to establish other classes of dispute which will be the subject of expedited proceedings. The amendment allows the commission greater flexibility to meet the needs of the injured employees and employers in Texas. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Act, and Texas Civil Statutes, Article 8308-6.12(d), which require the commission to provide for expedited proceedings by rule. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326605 Suan Cory General Counsel Texas Workers' Compensation Commission Effective date: September 1, 1993 Proposal publication date: May 7, 1993 For further information, please call: (512) 440-3592 Chapter 145. Hearings Under the Administrative Procedure and Texas Register Act 28 TAC sec.145.28 The Texas Workers' Compensation Commission adopts new sec.145.28, concerning expenses to be paid by petitioner, without changes to the proposed text as published in the May 7, 1993, issue of the Texas Register (18 TexReg 2935). The rule is allowed by Texas Civil Statutes, Article 6252-13a(19)(f), which authorize an agency, by rule, to charge the costs of duplicating the record for district court to the person who files an action in the court requiring a copy of the record to be produced. The rule requires the person filing an action in court to bear the costs of duplicating the record unless the person is an injured employee. No comments were received regarding adoption of the new section. The new rule is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Act, Texas Civil Statutes, Article 6252-13a(19)(f), which allows an agency, by rule, to charge the costs of duplicating the record for district court to the person filing an action in the court which requires the agency to duplicate the record, and Texas Civil Statutes, Article 8308-1.02, 7.04(h), 8.26(d) and 10.33(a), which make 19 of APTRA applicable to the proceedings covered by Chapter 145 of the commission's rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326604 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: September 1, 1993 Proposal publication date: May 7, 1993 For further information, please call: (512) 440-3592 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Commission Chapter 53. Finance License Fees and Boat and Motor Fees 31 TAC sec.53.8 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held July 8, 1993, adopts an amendment to sec.53.8 concerning license and stamp fees set by the Commission, with changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3549). The upland game bird stamp fee of $5.00 has been removed from the original proposal, as legislation authorizing it did not pass. All other fee changes are adopted as proposed. The amendment is needed to implement certain fees necessary to comply with requirements prescribed by legislation. The amendment will have the effect of requiring individuals to pay new fees or increased fees recently authorized by legislation. No comments were received regarding adoption of the amendment. The amendment is adopted under the authority of the Parks and Wildlife Code, sec.sec.43.583, 46.004, 47.007, 47.031, 65.003, 66.017, 76.1031, 76.104, 77. 031, 77.033, 77.035, 77.0361, 77.037, 77.040, 78.002, and 78.003. sec.53.8. License Fees Set by Commission. (a) The following license fee amounts are effective for the licensing period beginning September 1, 1993: (1) resident combination hunting and fishing-$25; (2) resident hunting-$13; (3) special resident hunting-$6.00; (4) duplicate hunting-$6.00; (5) general nonresident hunting-$200; (6) resident trapper-$15; (7) nonresident special hunting-$75; (8) resident retail fur buyer-$75; (9) resident wholesale fur dealer-$150; (10) nonresident five-day special hunting $25; (11) nonresident banded bird hunting $10; (12) game breeder-$15; (13) hunting boat-$75; (14) scientific breeder's permit-$150; (15) fur-bearing animal propagation-$75; (16) non-resident trapper-$250; (17) commercial game bird breeder-Class I-$150; (18) apprentice falconer's permit-$50; (19) general falconer's permit-$100; (20) master falconer's permit-$150; (21) falconer's renewal permit-$50; (22) nonresident 5-day falconer's permit-$20; (23) white-winged dove stamp-$7; (24) commercial game bird breeder-Class 2-$15; (25) wild caught alligator hide tag-$10; (26) hunting lease-small-$25; (27) hunting lease-medium-$50; (28) hunting lease-large-$75; (29) archery hunting stamp-$7.00; (30) waterfowl hunting stamp-$7.00; (31) nonresident retail fur buyer's-$300; (32) nonresident wholesale fur dealer's-$500; (33) resident fishing-$13; (34) blind or qualified disabled veteran or commercial fisherman-resident sportfishing-$1.50; (35) non-resident fishing-$20; (36) fishing duplicate-$6.00; (37) temporary nonresident fishing-$10; (38) Lake Texoma fishing-$7.50; (39) saltwater sportfishing stamp-$7.00; (40) freshwater trout stamp-$7.00; (41) retail fish dealer's-$40; (42) saltwater trotline tags-$3.00; (43) fishing guide-$75; (44) resident commercial fishing boat-$15; (45) bait dealer's-$30; (46) wholesale fish dealer's-$500; (47) wholesale fish dealer's-truck-$300; (48) retail fish dealer's-truck-$75; (49) commercial fishing boat-Menhaden Only-$3,500; (50) Menhaden Fish Plant Permit-$150; (51) resident commercial gulf shrimp boat-$250; (52) shrimp house operator-$400; (53) individual bait shrimp trawl tags-$20; (54) bait shrimp dealer's-$100; (55) resident commercial bay shrimp boat-$150; (56) resident commercial bait shrimp boat-$170; (57) nonresident general commercial fisherman-$150; (58) nonresident general commercial finfish fisherman -$150; (59) resident commercial finfish fisherman-$75; (60) resident general commercial fisherman-$20; (61) nonresident commercial gulf shrimp boat-$1,000; (62) finfish import-$75; (63) resident fishing under 17, or 65 years old or older -no charge; (64) Lifetime Combination Hunting and Fishing-$800; (65) Lifetime Hunting-$500; (66) Lifetime Fishing-$400; (67) resident commercial oyster boat captain's-$25; (68) nonresident commercial oyster boat captain's-$100; (69) nonresident commercial bait shrimp boat-$500; (70) duplicate resident commercial bay shrimp boat license plates-$5. 00; (71) duplicate resident commercial bait shrimp boat license plates-$5. 00; (72) duplicate resident commercial gulf shrimp boat license plates-$5.00; (73) duplicate nonresident commercial bay shrimp boat license plates-$5.00; (74) duplicate nonresident commercial bait shrimp boat license plates-$5.00; (75) duplicate nonresident commercial gulf shrimp boat license plates-$5.00; (76) duplicate resident commercial fishing boat license plates-$5.00; (77) duplicate resident commercial oyster boat license plates-$5.00; (78) duplicate nonresident commercial fishing boat license plates-$5. 00; (79) duplicate nonresident commercial oyster boat license plates-$5. 00; (80) commercial shrimp boat license transfer-$5.00; (81) transfer of any licenses authorized by the Parks and Wildlife Code, Chapter 47, 66, 76, or 77-$5.00; (82) resident commercial mussel and clam fisherman's -$30; (83) nonresident commercial mussel and clam fisherman's -$800; (84) resident shell buyer's-$100; (85) nonresident shell buyer's-$1,500; (86) mussel dredge fee-$30; (87) muzzleloader stamp-$10. (b) The following license fee amounts are effective for the licensing period beginning September 1, 1994: (1) resident commercial bay shrimp boat-$170; (2) nonresident commercial bay shrimp boat-$500. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326624 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 31 TAC sec.53.10 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held July 8, 1993, adopts an amendment to sec.53.10 concerning vessel fees set by the commission, without changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3550). The amendment is needed to conform terminology in the Texas Administrative Code with the Parks and Wildlife Code. Use of the term "vessel" in this section clarifies that motorized boats and sailboats 14 feet and over are subject to registration and titling under Chapter 31, Parks and Wildlife Code. The amendment will have the effect of establishing that vessel owners, including owners of sailboats 14 feet and over, are required to register and title their vessels and pay related fees to the department. No comments were received regarding adoption of the amendment. The amendment is adopted under Chapter 31, Parks and Wildlife Code, which requires the registration and titling of vessels, including sailboats 14 feet and over. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326623 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 Vessel Registration Agents and Surety Bonds 31 TAC sec.53.17, sec.53.18 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held July 8, 1993, adopts new sec.53.17 and sec.53.18 concerning vessel registration agents and surety bonds without changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3551). The rules are needed to establish the requirements for boat dealers to become authorized vessel registration agents for the department. Both rules will have the effect of communicating to boat dealers the department's requirements regarding vessel registration agents. Section 53.18 provides specific information regarding surety bond requirements. No comments were received regarding adoption of the new sections. The new sections are adopted under the authority of the Parks and Wildlife Code, sec.31.006, which allows boats dealers to issue certificates of number and collect registration and titling fees and sales tax on the department's behalf. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 30, 1993. TRD-9326622 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 Part IX. Texas Water Commission Chapter 312. Sludge Use, Disposal, and Transportation Subchapter A. General Provisions The Texas Water Commission (TWC) adopts new sec.sec.312.1-312.13, 312.41-312. 49, 312.61-312.68, 312.81-312.83 and 312.101. Sections 312.1-312.4, 312.6-312. 11, 312.13, 312.41-312.44, 312.46-312.49, 312.61-312.67, and 312.82-312.83 are adopted with changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2357). Sections 312.5, 312.12, 312.45, 312.68, 312.81 and 312.101 are adopted without changes and will not be republished. Sections 312.14-312.21 and 312.121 are withdrawn from the proposal as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2357). Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights, and obligations of the Texas Department of Health (TDH) pertaining to the treatment, handling, storage, and disposal of solid waste to the TWC effective March 1, 1992. All rules pertaining to municipal solid waste, except procedural rules, were administratively transferred from Title 25, Part 1, Texas Department of Health, to Title 31, Part IX, Texas Water Commission, in the March 3, 1992, issue of the Texas Register (17 TexReg 1649). Rules relating to the management of sludges and similar wastes, formerly codified as 25 TAC sec.sec.325.411-325.534, were included in the administrative transfer of rules to the TWC through recodification as 31 TAC sec.sec.330.411-330.534. The Commission is withdrawing the proposed repeal of sec.sec.330.411-330.415, 330.431-330.432, 330.441-330.449, 330.461-330.465, 330. 481-330.484, 330.501- 330.504, 330.511-330.514, and 330.531-330.534, as published in the April 9, 1993 issue of the Texas Register (18 TexReg 2392). The new sections concerning sewage sludge use and disposal are adopted by TWC in order to establish standards for the final use or disposal of sewage sludge, water treatment sludge, and domestic septage applied to land or placed on a surface disposal site, and to establish standards for sewage sludge fired in a sewage sludge incinerator. These standards include general requirements, pollutant limits, management practices, and operational standards. The new sections also establish the basis for requiring either a permit or a registration for the final use or disposal of sewage sludge. The TWC assessed the rules adopted by the TDH concerning management of sludges and similar wastes which were administratively transferred to the TWC, and determined that revisions of these rules are necessary in order to effectively administer, manage, and implement the program regulating the final use and disposal of sewage sludge in the State of Texas. In addition to the minimum 30-day notice and comment period required by the Administrative Procedure and Texas Register Act, the TWC held public hearings in Odessa on April 26, 1993, Fort Worth on April 27, 1993, Houston on April 29, 1993, and San Antonio on May 5, 1993, to receive additional comment on the proposed sections. Over twenty different groups and individuals submitted comments on the proposed rules. These commenters reflected a broad range of interests, representing cities, agriculture, industry, business, water and wastewater treatment operators, and various interest groups. Most of the comments were generally favorable to the new rules. All suggested changes to the proposed rules have been considered and have been incorporated into the rules where appropriate. There were three main categories of comment: those who felt that the proposed rules should be consistent with EPA "503" (40 CFR 503) regulations; those who felt water treatment sludges should not be included in these rules; and those who would like some portions clarified and other sections deleted. Commenters included: The Texas Association of Metropolitan Sewerage Agencies, The El Paso Public Water Service Utilities Board, Dallas Water Utilities, The Fort Worth Water Department, The City of Houston, Merco Joint Venture, Reynolds Metal, Company, The City of Amarillo, The City of Austin, The City of Abilene, Tyler Water Utilities, CH2M Hill, The Texas Municipal League, The North Texas Municipal Water District, The San Antonio Water System, Gulf Coast Waste Disposal Authority, The Texas General Land Office, and N-Viro. Several commenters expressed concern that the commission did not indicate in sec.312.1 that one purpose of these regulations is to promote the beneficial use of sludge. The commission agrees that such a statement should be included in these regulations, since it is an important goal of the commission, and the state of Texas to reduce dependence on disposal of solid waste, and that use of sewage sludge as a soil conditioner is crucial to the state's efforts in this area of waste management. Therefore, a sentence has been added to the beginning of this section indicating beneficial use as a goal. One commenter questioned whether it was a purpose of the regulations to control water treatment sludge, since only sewage sludge is referenced. In order to clarify the purpose and scope of these regulations, the term "sewage" was deleted before the word sludge, so that a reader will understand that both sewage sludge and water treatment sludge is included. Further, the title of the chapter has been modified to take into account the comments of several persons. It is now titled: Sludge Use, Disposal, and Transportation. Another commenter questioned whether a city must comply with sludge requirements specified in its TWC wastewater discharge permit, or if it must comply with these new requirements, once effective. To clarify, the city must comply with both the permit requirements and the Chapter 312 requirements, since a permit issued before these regulations are effective would not serve as the only authority in activities related to sludge management. The city must comply with the more stringent requirement of the two. In response to several commenters, the phrase "grit or screening waste" has been deleted from sec.312.2(g). This will provide a consistent term in the regulations of "grit trap waste". One commenter raised concerns that sec.312.3(d) excluded industrial sludge from these regulations. A phrase has been added to this subsection to clarify that the exclusion applies to sludge at an industrial facility. The Commission disagrees with the commenter that restaurant (commercial) wastes would not be covered by these regulations; it will be covered. For definition purposes, as included in sec.335.1 of this title, industrial solid waste includes those wastes originating from manufacturing, mining, and agriculture. Municipal solid wastes includes those originating from commercial, municipal, commercial, recreational, or institutional sources. The exclusion of sec.312.3(d) is intended to restrict industry from these regulations simply because sludge from industry is extremely variable and may contain unknown risks not studied or considered when the commission devised these regulations governing non- industrial sludge. Any industrial solid waste generated is subject to the requirements of Chapter 335 of this title. If it is trucked off-site, it may be subject to manifesting and other requirements. A wastewater treatment facility which receives industrial solid waste by truck, as the commenter suggested, could possibly need to obtain a commercial Industrial Solid Waste Permit from the commission. No such requirements are applicable for non-industrial wastes received by a Publicly Owned Treatment Works (POTW). Industrial solid waste which is conveyed from a generator to a POTW via a wastewater collection system is not any longer considered an industrial solid waste. As such, a municipal treatment works would not be excluded from the Chapter 312 regulations if industrial solid waste was conveyed into its wastewater collection system. Of course, any municipality must control the discharges from industry which are conveyed to the POTW, since uncontrolled discharges could adversely affect the quality of a permitted discharge from the POTW as well as the sewage sludge it generates. There were other commenters concerned over the applicability of sludge mixed with either industrial or other types of municipal solid wastes. If sewage sludge is mixed with other municipal solid wastes prior to landfilling (for instance, in composting operations) it is considered sewage sludge. If sludge is received for disposal at a facility which also receives other types of municipal solid waste, it will be subject to the municipal solid waste requirements, including Subtitle D of the Resource Conservation and Recovery Act. In an instance where sludge is utilized for reclamation purposes to restore disturbed soil above a closed or inactive industrial solid waste site, and the sludge is not mixed with any previously disposed of industrial waste at a site, it appears that two regulatory frameworks would apply. Industrial solid waste landfilled would remain subject to Chapter 335 of this title, while Chapter 312 requirements would apply to the reclamation activities that utilized the sludge. One commenter proposed an exclusion to the Chapter 312 requirements for certain experimental use projects for sludge. The commission agrees that such an exclusion would serve to promote beneficial use and reclamation activities. Therefore, a new subsection (k) has been included in sec.312.3 and a definition of experimental use has been added to sec.312.8. The commission disagrees with certain proposed requirements provided by the commenter as being overly broad and uncontrolled. Therefore, the commission proposed size and time limits, and types of activities which could be allowed under the exclusion, and the commission has added a requirement for executive director approval of these activities. One commenter on sec.312.4 questioned the applicability of the permit and registration requirements, as they apply either before or after TPDES program assumption by the commission. Because it is unclear what regulatory framework might be required by USEPA if the commission assumes the National Pollutant Discharge Elimination System (NPDES) program, the commission has deleted from sec.312.4(a) the reference to subsection (e) of that section. The commission has also deleted the reference to TPDES authorization from sec.312.4(b)(2), and has deleted subsection (e) of that section. Subchapter F of the proposed Chapter 312 regulations is no longer included, as well. These deletions of reference to USEPA general permit requirements make it clear that the commission's regulatory framework in these regulations, related to permits or registrations, will apply to persons who intend to beneficially use sludge by land application. One commenter questioned the scientific validity of requiring a permit in instances where sludge exhibits a pH of less than 5.5 standard units, as proposed in sec.312.4(b)(2)(B). The commission disagrees that this is not a valid basis for a permit. Studies conducted by the USEPA have shown that low-pH sludge cannot beneficially condition low-pH soils. Therefore, it is prudent for the commission to require more stringent requirements in those situations where benefits to soil are questionable. Numerous commenters objected to the permit requirement for those beneficial sites larger than 1,500 acres, as proposed in sec.312.4(b)(2)(C). The commission disagrees with the commenters. One commenter indicated it would be a violation of the United States Constitution to have a size restriction in order to discourage out-of-state sludge from coming into Texas. The commission strongly objects to this suggestion; it is not the intent to restrict commerce in any way. The commission views this as a management issue. Larger sites must be subject to greater scrutiny and regulatory oversight because of the greater possibility of adverse impacts to waters in the state. The allowance for a permit exemption has been proposed for smaller sites, so as to provide small landowners, small municipalities, and small business an opportunity to easily obtain commission authorization for beneficial activities without unnecessary expense and onerous regulatory burden. It is noted that approximately ten existing beneficial use sites in all of Texas would be required to obtain a permit because of this particular regulation. Finally, as a point of clarification to one commenter, the 1,500-acre threshold will be applying to the actual area where application of sludge will occur, not to the entire tract of land utilized as buffer zones, or the entire area of a facility (as defined in sec.312.8). Numerous commenters objected to the permit requirement for those beneficial sites greater than 6 hours away from a sludge source, as proposed in sec.312. 4(b)(2)(D). The commission agrees with the commenters and this requirement has been deleted. Numerous commenters objected to the permit requirement for those beneficial sites which receive less than 14 inches of annual rainfall, as proposed in sec.312.4(b)(2)(E). The commission disagrees with the commenters. Recent studies in the arid west (Nevada) have shown that there is little value or benefit to soils if there is not adequate precipitation. One researcher has indicated the commission's 14-inches threshold value provides adequate precipitation. However, because the commission believes that other options are available to beneficially use sludge in arid areas of the state, this requirement has been modified to include: "at least 14 inches of rainfall annually or where the application areas receive at least a comparable amount of irrigation water." The commission also points out that the requirement for a permit in these arid situations allows greater scrutiny by the commission and the public to ensure that a proposed activity does, in fact, have merit as a beneficial use site. One commenter indicated that the requirements for renewal of permits or registrations "appears to be an unnecessary regulatory burden." The commission strongly disagrees, since renewals allow the agency to incorporate revised regulations into existing registrations or permits. However, the commission determined that due to the amount of time which passed before the regulations were proposed in the Texas Register on April 9, 1993, the deadlines expressed in our proposed regulations would provide a regulatory burden on municipalities. Therefore, sec.312.4(c) has been revised to include a deadline date of March 1, 1994, for the renewal of existing registrations which have been in existence for a period greater than five years. Some commenters expressed a belief that the proposed Chapter 312 requirements are unduly stringent and the commission or local governmental jurisdictions should not be given the incentive to make these requirements more stringent, as proposed in sec.312.6. The commission disagrees, in that several scenarios could arise where these standards could not adequately address human health, safety, or environmental degradation concerns. Because it is difficult to encompass all situations with regulations which have such a wide scope as these, the commission will retain subsection (a) of that section. However, the commission agrees with the comments received regarding subsection (b) of that section. This subsection has been deleted to assure uniform regulation of sludge application and disposal across the state in order to promote the beneficial use of sludge. The commission agrees with several commenters to sec.312.7 that it would be a regulatory duplication to require testing of sludge by both the test methods specified in a commission wastewater permit, as well as to require testing methods as outlined in sec.312.7. To clarify, the commission will allow either approved method to be utilized during the existing term of a wastewater discharge permit. Also, the commission has modified subsection (c) of this section to include "or other methods as approved by the executive director". The commission believes this flexibility will serve to address particular situations where new, improved, or alternate satisfactory methods for sludge analysis become available to the regulated community. Numerous comments were received indicating that certain definitions needed to be either altered, or added to the list found in sec.312.8. One commenter indicated that the definitions should be moved to the very beginning of the chapter. The commission disagrees with this comment. It is the commission's conclusion that the table of contents clearly indicates where the definition section of the regulations can be found. Commenters indicated that the commission should include a definition for "municipal sludge." The commission disagrees, as there are several definitions which indicate the breadth and applicability of these requirements, including definitions for POTW, domestic sludge, domestic septage, municipality, sewage sludge, and treatment works. One commenter asked that the commission define "septage." The commission believes this is not necessary since a definition of "domestic septage" is part of sec.312.8. One commenter requested that the commission redefine "liner" to include containment structures such as slurry cutoff walls. The commission disagrees, since a cutoff wall is a device which is outside of a waste management unit, used to prevent migration of a release which has already occurred and must be mitigated. The commission believes a liner to be a device within a unit that will prevent a release from occurring. The same commenter indicated that "leachate collection system" be redefined to include stormwater collection systems. The commission disagrees. Leachate is liquid which has first percolated through waste, not liquid which has run-off from waste into a trench or slump. If stormwater percolates through waste, to a slump or trench beneath the waste, the existing definition would appear to apply and such device would be a leachate collection system. In response to a question over the applicability of "storage or store" the commission has clarified our intent by adding a definition for "sludge lagoon" which describes certain instances where placement of sludge in a lagoon may be considered storage. One commenter indicated that water treatment sludge was not part of the definition of "land application." The commission agrees that it should be part of the definition and it has been added. The commission disagrees with the comment that there could not be situations where water treatment sludge is treated, and therefore, the definition of "sludge unit" was not changed for this reason. Because of several other comments, the definition of "sludge unit" was changed to reflect the commission's conclusion that sewage sludge and water treatment sludge may be mixed within the same unit. Additionally, a definition of "monofill" has been added, in response to some commenters, and this definition clarifies that a monofill can include either sewage sludge or water treatment sludge. A disposal unit which contains other types of municipal or industrial waste will not be considered a monofill, and is excluded from the requirements of Chapter 312. A definition for "below-grade-monofill" has been added, due to comments received relative to disposal requirements, discussed in detail to comments to sec.312.65 (see following discussion). Some commenters requested that the commission define "Class-A sludge" and "Class-B sludge". Although these wastes are defined indirectly in subchapter D, the commission agrees to clarify the definitions, and these are now defined in sec.312.8. One commenter indicated the definition of "institution" as used in sec.312.44(d) was necessary. The commission agrees and a definition has been added. In response to several commenters who were concerned that sludge management activities within a 100-year floodplain is overly stringent, the commission revised these management conditions, as described below in this preamble. As a result of these comments, a definition for "floodway" has been added to sec.312.8. One commenter requested that the commission add a definition for "metric ton". The commission disagrees, and believes common usage of this term is adequate. The same commenter requested the definition of "total solids" be revised to include the phrase "until constant weight is achieved". The commission disagrees that this is necessary, as approved analytical methods clearly define acceptable test procedures. One commenter raised concerns that definitions for the same term varied between Chapter 312 and other commission regulations. The commenter then proposed changes to several definitions in sec.312.8. The commission disagrees that exact uniformity of terms is necessary, especially for common terms. Therefore, the commission disagrees with the proposed changes to the following terms: "aquifer, base flood, commission, displacement, executive director, leachate, unstable area, and wetlands." The commission disagrees with the addition of a definition for "flood plain" and has instead added the term "floodway", as discussed above. The commission disagrees with an addition of the term "vector" since the definitions already include a definition of "vector attraction" which includes adequate explanation of what a vector is. Definitions of stabilized and unstabilized sludge are not necessary since the commission is now proposing to define "Class-A sludge" and "Class-B sludge". Nonetheless, the commission does agree with the proposed change to the definition of "fault", and the commission has included the commenter's proposal to add displacement "of strata, rocks, and soil." One commenter questioned whether "feed crops" included crops eaten by wildlife. To clarify this in the definition, the commission has revised it to state "such as swine, goats, cattle, or poultry". The same commenter questioned the definition of "groundwater", and what is meant by "land surface. " To clarify, land surface is any land surface, whether it be a natural grade or a man-made depression. Therefore, any water below the land surface is considered groundwater. Also in response to this commenter, the commission disagrees that the term "pollutant limit" needs to be redefined. This commenter also suggests the terms "sewage sludge" and "treatment" raise a bias of the regulations towards liquid sludge. This is not the intent of the commission. One commenter had questions understanding the definition of beneficial use and storage and wanted a definition of disposal. The commission has revised the definitions of beneficial use and storage and has added a definition for disposal. One commenter suggested that the Texas Health and Safety Code, sec.361.013(a) , limits the ability of the commission to set fees as outlined in sec.312.9(a) of the proposed rules. Although when read alone sec.312.9(a) appears to imply such an interpretation, the rules of statutory construction require that sec.312.9(a) be read in conjunction with sec.312.9(b). Section 312.9(b) allows the commission to raise or lower the fees established under subsection (a). The commission has deleted the sentence in sec.312.9(b) regarding the last two quarters of fiscal year 1993. The new fee programs will start beginning September 1, 1993. Sections 312.10-312.13 include the procedural requirements for persons who request authorization by permit or registration for their sludge disposal or use activities. Numerous general comments were received which indicate objections that the commission would proceed to go farther than the USEPA in its stringency, and in requiring registrations to be approved by the commission on each and every site proposed for beneficial use land application. The commission strongly disagrees with these comments. It is crucial that the commission provide a forum for receiving and incorporating public comments into any registration or approval which is granted by this agency. The commission is taking a long-term look at this program, and is fully willing to include public participation now, no matter if it is going to take greater time, so that issues and questions concerning this program can be aired and discussed. In the long- term, the commission expects that this outreach and involvement will pay off in the form of general public acceptance of sludge land application and the expressed waste reduction goals of the commission. The commission disagrees with several commenters who believe these regulations invite "NIMBYism" (not in my backyard). The commission intends to base decisions on granting applications on the site conditions present at a proposed site, our published standards, and the nature of the pollutants present in the waste materials. The commission will hear the concerns, and if valid under these criteria, may incorporate the public comments into its decisions. However, the commission would disagree that emotion-motivated decisions would be the outcome of public participation. The proposed regulations at sec.312.13(e) fully describe the decision-making the executive director will utilize in determining the necessity for a public meeting. As well, the purpose of these meetings is clearly stated. Facilitation of constructive communication is the key element in this process and the commission will promote such intercourse. However, to address specific commenters and general comments over the requirements of sec.sec.312.10-312.13, the commission determined there are ways to reduce process-time, and to streamline certain permitting or registration procedures. Section 312.13(c)(3) has been altered to allow the submittal of the affidavit to the commission's chief clerk prior to the end of the 30-day period. The phrase "At the close of the 30-day period," has been deleted. The commission determined that an affidavit indicating the application materials were placed for public review is all that is necessary, without a wait of 30 days. After the commission's chief clerk becomes aware of the end of the 30-day comment period, the process can then continue without delay, based upon comments received by the commission, if any. Another area of streamlining is the deletion from sec.312.13(c) of the requirement for the public notice and opportunity for public meeting on applications for renewals of permits or registrations. The requirement will remain in effect for major amendment of a registration or permit and for new applications. As well, in permit renewal matters, the affected public who will receive notice pursuant to sec.312.13(b) will still have the opportunity for a public hearing. The commission agrees with commenters that approved registrations that already went through an opportunity for public meeting process initially, where no substantial changes are requested, will provide adequate safeguards of human health, safety, and protection of the environment. These minimum requirements will not preclude the commission from convening public meetings if deemed appropriate, based upon requests from the interested public, while a registration renewal application is being processed. In fact, this is informal commission policy at this time, without being subject to such requirements by rule. Again, the commission will involve the public in this process where the public desires participation. And at the same time, this streamlining and revision to sec.312.13(c) will alleviate some of the regulatory framework to which so many cementers objected. Section 312.13(e) has also been revised to delete the reference to renewal applications. Other general comments indicated that the procedures, and the applicability of these procedures to either permit or registration applications, is unclear in sec.sec.312.10-312.13. The commission agrees the format of the requirements can be more clearly stated. As such, key phrases in these sections have been revised to show which procedures apply to which types of application. Minor changes for clarification purposes were made in the following: sec. sec.312.10(b), and (c), 312.11(b), and (d), and (e) and, 312.13(b)-(e). Further, in order to clarify the difference between permit and registration requirements, the commission has separated these from 312.10(g) into subsections (g) and (h). A typographical error in sec.312.12(b) which stated "except as provided by subsection (d) of this section" has been deleted. One commenter indicated that it was overly stringent to require both site operator and landowner to jointly apply as co-applicants for a permit or registration. The commission therefore clarifies that sec.312.10(b)(4) allows an affidavit from a landowner in lieu of a co-application. And, to further clarify this policy in the regulations, the commission has revised sec.312.10(b) (2) to include the phrase "as applicable", has revised sec.312.10(b)(3) to now state "applicant(s)" instead of "applicants", and made a similar clarification in sec.312.10(e)(3). Because of the commenter's concern over the applicability of the regulations to either landowner or to operator, the commission has also clarified the language in sec.312.12(a)(1). The conditions for notification due to changing circumstances has been revised to now include "changes in land ownership, changes in site control, or operator." This requirement had been inferred in the proposed regulations, and this revision adds much greater clarity to this issue. One commenter requested clarification of the commission's intent in sec.312. 10(b)(2), regarding the legal status of the applicant(s). This particular requirement is the same as it exists in sec.281.4 and sec.281.5 of this title (relating to Applications for Use of State Water; Application for Wastewater Discharge, Underground Injection, Hazardous Waste, and Industrial Solid Waste Management Permits), which are standards for any person who submits an application for a permit to the commission. To clarify, the commission will determine if a landowner applicant actually owns the land, or that a corporate entity is entitled to do business in Texas. These administrative reviews occur with nearly all permit applications the commission receives presently. One commenter requested clarification of the intent and meaning of sec.312. 11(b). After review of this particular subsection, related to NPDES program assumption and the Clean Water Act, the commission determined this subsection is not essential to the regulations and invited questions over its intent. Therefore, it has been deleted. One commenter indicated that the "full-blown procedural and contested case requirements" of sec.312.11(e) are "particularly egregious." The commission strongly disagrees and points out that public participation and opportunities for hearing on permitting matters is the standard, not the exception, of the commission. Also, this subsection only pertains to permit applications, not registrations. One commenter objected to the requirement of mailing notice to "every political or quasi-political office in the county" and to the posting of signs at a site. Further, other commenters indicated that posting of signs will discourage participation by rural landowners, who may not wish to come under the scrutiny of neighbors. The commission disagrees. The only persons who will receive formal notice of a registration application will be the county judge, the county commissioners, and an underground water district if one exists. Only where a permit is required will individuals surrounding the proposed site be given formal notice. In permit matters, this is totally consistent with notice given when others apply for some type of commission permit. Regarding the sign requirement, this measure was developed based upon the desire of the commission to inform and communicate with the public, not to raise red flags (as some commenters suggested). The commission would hope that the commitment of a landowner would not hinge on the desire to hide the landowner's acceptance of sewage sludge. Indeed, the promotion of sewage sludge beneficial use should have advocates who would be proud to inform neighbors of the success of utilizing sludge on the land to enhance soil conditions. Relative to the comment that "persons who live on the opposite side of the county should not have any input", the commission will determine in each instance if the public commenter has a valid reason for desiring a public meeting. If the person's standing relative to the activity is not provided with the person's request for a meeting, a meeting may not be convened. The Texas General Land Office requested that it be notified of all proposed sites for land application, disposal, or incineration of sludge within a one- half mile radius of state-owned land. The following language has been added after the last sentence of sec.312.13(c)(1): "The chief clerk of the commission shall mail Notice of Receipt of Application and Declaration of Administrative Completeness to the Deputy Commissioner of the Resource and Asset Management Division of the Texas General Land Office of all proposed sites for the land application, disposal, or incineration of sewage sludge or water treatment sludge." One commenter argued that sec.312.41(b)-(g) could be construed to require a permit for a home garden where sludge is applied. The commission disagrees. Section 312.41(g) clearly states that the requirements do not apply when a material is sold or given away in a bag or other container for application, the material meets the Class-A pathogen requirements, and one of the vector attraction reduction requirements. One commenter objected to the inclusion of any management practices in sec.312.44. This commenter believed the requirements of Chapter 312 should read verbatim with the requirements in 40 CFR 503. The commission strongly disagrees. The federal regulations are absolute minimums that do not take into account state-specific issues or concerns. As this commenter noted, many of these requirements are derived directly from the existing state regulations governing sludge. The commission is directly responsible for protecting Texans' health and safety by preventing and reducing pollution. Section 312.44 promotes the beneficial use of sludge by exempting Class-A sludge from many of these management requirements. Several commenters questioned the necessity of establishing buffer zones from application sites. To clarify, a phrase has been added to sec.312.44(d) that the buffer zones apply only to sludge that does not meet Class-A requirements. Several commenters asserted that the buffer zones were too large or too small. The commission disagrees with both sides. The buffer zone requirements mirror the buffer zone requirements in the existing rules; no evidence has been presented to demonstrate that these buffer zones are too large or too small. One commenter recommended inclusion of language allowing a greater application rate for a one-time application to a reclamation site. The commission has added such language in sec.312.44(e). One commenter suggested the inclusion of decision trees or flow charts within these regulations to provide readers with a better understanding of the operational standards for pathogens and vector attraction. The commission believes these standards are clearly presented in a manner virtually identical to the requirements in 40 CFR 503. One commenter argued that the labeling information required in sec.312.46 for bagged sludge would be confusing to the general public. Similar information is included on bags of commercial fertilizer commonly sold to the general public; therefore, the commission disagrees. Several commenters suggested that the Commission should have the ability to reduce the frequency of monitoring to a minimum of once per year. By adding this ability, the regulations would be consistent with 40 CFR 503. The commission agrees; therefore, one sentence has been modified and another sentence has been added to sec.312.46(a)(2) and sec.312.66(a)(2). In sec.312.48(1) was incorrectly published in Texas Register listing sections that were not in the proposed rules and has been corrected. Several commenters argued that there is no plausible reason why water treatment plant sludges should not be combined with wastewater treatment sludges. The commission agrees and has deleted sec.312.62(b). The date in new sec.312.62(b) for closing an active sludge unit located within 60 meters of a fault has been changed from December 1, 1993, to one year from the effective date of the regulations. One commenter mistakenly stated that Table 7 appeared before Table 6. One commenter argued that the prohibition of an active sludge unit within the 100-year floodplain automatically removed thousands of acres from consideration for disposal sites. To clarify, the commission has modified the language in sec.312.64(b) to prohibit location of an active sludge unit within the 100-year floodway. The commission believes there is a high probability of transport of waste from any disposal units located within the 100-year floodway during a large rainfall event. Several commenters suggested that the prohibition of locating an active sludge unit within a wetland should be amended to be consistent with 40 CFR 503. The commission agrees; therefore, the following statement has been added to sec.312.64(f), "... except as provided in a permit issued pursuant to sec.402 or sec.404 of the CWA." One commenter remarked that an exception should be made to sec.312.64(n) to allow contamination of aquifers which do not contain fresh water or which may already be contaminated. The commission strongly disagrees. Many rural individuals and communities utilize aquifers for water supply even though the aquifers do not meet the standards for a public water supply source. Also, water from these aquifers may be treated in the future to meet public water supply standards. Several commenters suggested that active sludge units should be exempt from the pathogen reduction requirements in sec.312.65(a) if the vector attraction reduction requirements in sec.312.83(b)(11) are met. The purpose of these regulations is to promote beneficial use in Subchapter B versus the disposal options outlined this subchapter. Exemption from pathogen reduction requirements may allow transport of pathogens from above-ground disposal units. For these reasons, the commission disagrees. One commenter recommended the use of a daily cover when an active sludge unit consists of a below-grade monofill. To clarify, the following exception has been added, "...unless the vector attraction reduction requirements in sec.312.83(b)(11) are met for below-grade monofill." A definition for below-grade monofill has been added. Several commenters recommended that the Commission have the ability to reduce the frequency of monitoring to a minimum of once per year. By adding this ability, the regulations would be consistent with 40 CFR 503. The commission agrees; therefore, one sentence has been modified and another sentence has been added to sec.312.66(a)(2). One commenter suggested that the date for compliance with sec.312.82(a)(1)(B) be deleted from the regulations. We disagree; however, the compliance date has been modified to March 1, 1994, to coincide with other compliance dates within the regulations. Several commenters requested inclusion in sec.312.82(b) of the "PFRP" requirement utilized in the former 40 CFR 257 regulations as a means of meeting Class-B level pathogen reduction. We strongly disagree. The pathogen reduction requirements have been changed from a process-oriented approach to an end- product approach. When utilizing a process-oriented approach, the ability to meet proper pathogen reduction is not guaranteed. An end-product approach assures the sludge meets the desired pathogen reduction. Several commenters argued that the time limits in sec.312.83(b)(9) and (10) are too restrictive, unnecessary, and not viable or reliable. We disagree. The proposed language is verbatim from the existing 40 CFR 503 regulations. In response to comments the words "pollutants" and "pollutant" have been changed throughout the rules to "metals" and "metal" respectively. Many commenters questioned the applicability of the requirements to water treatment plant sludge. Due to the number of comments received regarding water treatment plant sludge, the commission is moving all requirements for water treatment sludge from Subchapters B, C, and D to a new subchapter. This new, separate subchapter for water treatment plant sludge will be published in the Texas Register prior to adoption of the new subchapter. The commission is also moving all transporter requirements to a separate subchapter which will also be published in the Texas Register. The sections are adopted under the Texas Water Code sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the sections are adopted pursuant to the Texas Solid Waste Disposal Act (the Act), the Texas Health and Safety Code, sec.361.011 and sec.361.024, which provide the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. 31 TAC sec.sec.312.1-312.13 The new sections are adopted under the Texas Water Code, sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the sections are adopted pursuant to the Texas Solid Waste Disposal Act (the Act), the Texas Health and Safety Code, sec.361.011 and sec.361.024, which provide the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.1. Purpose. It is the goal of the Commission to encourage the beneficial uses of sludge. This chapter establishes standards, which consist of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sludge generated during the treatment of domestic sewage in a treatment works, water treatment sludge generated during the treatment of domestic drinking water, and domestic septage. Standards are included in this chapter for sewage sludge, water treatment sludge, and domestic septage applied to the land for beneficial uses, or placed on a surface disposal site. Standards are also included in this chapter for sewage sludge fired in a sewage sludge incinerator. Also included in this chapter are pathogen and vector attraction reduction requirements for sewage sludge, water treatment sludge, and domestic septage applied to the land or placed on a surface disposal site. In addition, the standards in this chapter include the frequency of monitoring and recordkeeping requirements when sewage sludge, water treatment sludge, or domestic septage is applied to the land or placed on a surface disposal site. Also included are the frequency of monitoring and recordkeeping requirements when sewage sludge is fired in a sewage sludge incinerator. sec.312.2. Applicability. (a) This chapter applies to any person who prepares sewage sludge, water treatment sludge, or domestic septage. (b) This chapter applies to any person who fires sewage sludge in a sewage sludge incinerator. (c) This chapter applies to any person who applies sewage sludge, water treatment sludge, or domestic septage to the land and to the owner/operator of a surface disposal site. (d) This chapter applies to sewage sludge, water treatment sludge, or domestic septage applied to the land or placed on a surface disposal site. (e) This chapter applies to sewage sludge fired in a sewage sludge incinerator. (f) This chapter applies to land where sewage sludge, water treatment sludge, or domestic septage is applied to a surface disposal site, and to a sewage sludge incinerator. (g) This chapter applies to any person who transports sewage sludge, water treatment sludge, domestic septage, grit trap waste, or grease trap waste. (h) This chapter applies to the exit gas from a sewage sludge incinerator stack. sec.312.3. Exclusions. (a) This chapter does not establish requirements for processes used to treat domestic sewage or for processes used to treat sewage sludge prior to final use or disposal, except as provided in sec.312.82 and sec.312.83 of this title (relating to Pathogen Reduction and Vector Attraction Reduction). (b) This chapter does not require the selection of a method of use or disposal for sewage sludge or water treatment sludge. The determination of the manner in which sewage sludge or water treatment sludge is used or disposed is a local determination. (c) This chapter does not establish requirements for sewage sludge co-fired in an incinerator with other wastes or for the incinerator in which sewage sludge and other wastes are co-fired. Other wastes do not include auxiliary fuel, as defined in 40 CFR sec.503.41(b), fired in a sewage sludge incinerator. (d) This chapter does not establish requirements for the use and disposal of industrial sewage sludge generated at an industrial facility or from an industrial process, including industrial sewage sludge generated during the treatment of industrial wastewater, even when combined with domestic sewage sludge at an industrial facility. Such sludge, process wastes, wastewater, and sewage sludge are all considered to be industrial solid waste and subject to all applicable requirements of Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste). (e) This chapter does not establish requirements for the use or disposal of sewage sludge, water treatment sludge, or other wastes determined to be a hazardous waste, as defined in sec.335.1 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste Management), or as determined in accordance with 40 CFR Part 261. (f) This chapter does not establish requirements for the use or disposal of sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis). (g) This chapter does not establish requirements for the use or disposal of ash generated during the firing of sewage sludge in a sewage sludge incinerator. (h) This chapter does not establish requirements for the use or disposal of grease trap waste, grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity), screenings (e.g., relatively large materials such as rags), or other wastes generated during preliminary treatment of domestic sewage in a treatment works. (i) This chapter does not establish requirements for the use or disposal of industrial septage or a mixture of domestic septage and industrial septage. (j) This chapter does not apply to sewage sludge, septage, or any wastes resulting from activities associated with the exploration, development, and production of oil or gas or geothermal resources, as defined in sec.335.1 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste Management), except for domestic septage which is collected from portable toilets at facilities where such activities occur that is not mixed in any manner with other oil, gas, or geothermal wastes. (k) Experimental use shall be excluded from the regulations provided the following conditions are met at the time sewage sludge is placed on a beneficial use site or at a reclamation site. (1) The total amount of sludge used or disposed is no greater than 25 dry tons for any one project or 50 dry tons for all experimental projects of an applicant; (2) The metal ceilings established in sec.312.43 (Table 3) of this title (relating to Pollutant Limits) shall be met; (3) One of the vector attraction reduction alternatives in sec.312.83(b)(1)- (11)of this title shall be met; (4) The pathogen reduction compliance requirements established in sec.312.82(a) or (b) shall be met; (5) The applicant shall receive written approval from the Executive Director prior to commencement of operations for the experimental project; and (6) The experimental project shall not last more than 18 months. Any extension of the project shall require a permit or registration as defined in this chapter. sec.312.4. Permit or Registration Required. (a) Except as described in subsection (b) of this section, a permit is required for the beneficial use or disposal of sewage sludge or water treatment sludge, in accordance with the requirements of sec.sec.312.10, 312.12, and 312.13 of this title (relating to Permits and Registration Applications Processing, Permits, and Actions, Notice, Public Meeting, and Hearing). (b) Registration of land application for beneficial use sites. (1) A site which qualifies for exemption from the permit requirement as set forth in this section and for which a permit has not been issued shall be registered with the commission, in accordance with the requirements of sec.312.12 of this title (relating to Registration of Land Application Activities) and the requirements of sec.312.13 of this title (relating to Actions, Notice, Public Meeting, and Hearing). (2) An exemption from a permit, as described in paragraph (1) of this subsection may be allowed by the executive director so long as all of the following conditions are met: (A) The registration of land for beneficial use of sewage sludges shall meet the requirements in Subchapter B sec. sec.312.41-312.49 of this title (relating to Land Application for Beneficial Use); (B) The pH of the soil at the beneficial use site shall be greater than 5.5 standard units; (C) The beneficial use site shall not be greater than 1,500 acres in the application area; and (D) The beneficial site shall receive at least 14 inches of rainfall annually or a comparable amount of irrigation water. (3) The effective date for the registration of a site at which sewage sludge or water treatment sludge is applied to the land for beneficial use is the date that the executive director by letter approves the application, in accordance with sec.312.12(c) of this title (relating to Registration of Land Application Activities). Site registration information on file with the commission shall be confirmed or updated, in writing, whenever: (A) the mailing address and/or telephone number of the owner or operator is changed; (B) requested by the commission or executive director; or (C) the source of the waste is modified. (4) A person who wishes to appeal the executive director's decision required in sec.312.12(c) of this title, (relating to Registration of land application activities) shall file a letter with the chief clerk of the commission within 30 days of the date of the director's letter, requesting a reevaluation of the application. (c) Term limits for registration or permits shall not exceed five years. All existing registrations, not to include transportation registrations, and permits approved before the effective date of these rules shall be due for renewal five years from the date of the registration or permit approval. Registrations or permits which have been in existence for greater than a five-year period, prior to the effective date of these rules, shall submit an application for registration or permit renewal by March 1, 1994. (d) The permit and registration requirements of this section do not apply to any person who receives sewage sludge, or a material which is derived from the sewage sludge, which is sold or given away to them in a bag or similar enclosure for application to the land and if such materials meet the metal concentration limits in sec.312.43(b)(3), Table 3, of this title (relating to Pollutant Limits), the requirements in sec.312.83(a) of this title (relating to Pathogen Reduction), and one of the requirements in sec.312.84(b)(1)-(8) of this title (relating to Vector Attraction Reduction). sec.312.6. Additional or More Stringent Requirements. On a case-by-case basis, the commission or executive director may impose requirements for the use or disposal of sewage sludge or water treatment sludge in addition to or more stringent than the requirements in this chapter when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge. sec.312.7. Sampling and analysis. (a) Representative samples of sewage sludge, water treatment sludge, or domestic septage that is applied to the land, or placed on a surface disposal site shall be collected and analyzed. (b) Representative samples of sewage sludge fired in a sewage sludge incinerator shall be collected and analyzed. (c) The following methods or other methods as approved by the Executive Director shall be used to analyze samples of sewage sludge: (1) enteric viruses-ASTM Method D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludge", Annual Book of ASTM Standards: Section 11, Water and Environmental Technology, 1992. (2) fecal coliform-Part 9221 E or Part 9222 D, "Standard Methods for the Examination of water and Wastewater", 18th edition, American Public Health Association, Washington, D.C., 1992. (3) helminth ova-Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges", EPA 600/1-87-014, 1987. NTIS PB 88-154273/AS, National Technical Information Service, Springfield, Virginia. (4) inorganic pollutants-Method SW-846 in "Test Methods for Evaluating Solid Waste", U.S. Environmental Protection Agency, November 1986. (5) salmonella sp. bacteria-Part 9260 D.1, "Standard Methods for the Examination of Water and Wastewater", 18th edition, American Public Health Association, Washington, D.C., 1992. (6) specific oxygen uptake rate-Part 2710 B. "Standard Methods for the Examination of Water and Wastewater", 18th edition, American Public Health Association, Washington, D.C. , 1992. (7) total solids, fixed solids, and volatile solids -Part 2540 G, "Standard Methods for the Examination of Water and Wastewater", 18th edition, American Public Health Association, Washington, D.C., 1992. (8) percent volatile solids reduction-Percent volatile solids reduction shall be calculated using a procedure in "Environmental Regulations and Technology- Control of Pathogens and Vectors in Sewage Sludge", EPA-625/R-92/013, U.S. Environmental Protection Agency, Cincinnati, Ohio, 1992. sec.312.8. General Definitions. The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise: Active sludge unit-A sludge unit that has not closed and/or is still receiving sewage sludge or water treatment sludge. Aerobic digestion -The biochemical decomposition of organic matter in sewage sludge into carbon dioxide, water, and other by-products by microorganisms in the presence of free oxygen. Agricultural land -Land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture. Agronomic rate -The whole sludge application rate (dry weight basis) designed: (A) to provide the amount of nitrogen needed by the crop or vegetation grown on the land; and (B) to minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater. Anaerobic digestion -The biochemical decomposition of organic matter in sewage sludge into methane gas, carbon dioxide, and other by-products by microorganisms in the absence of free oxygen. Annual metal loading rate-The maximum amount of a pollutant (dry weight basis) that can be applied to a unit area of land during a 365-day period. Annual whole sludge application rate-The maximum amount of sewage sludge that can be applied to a unit area of land during a 365-day period. Apply sewage sludge or sewage sludge applied to the land-Land application or the spraying/spreading of sewage sludge onto the land surface; the injection of sewage sludge below the land surface; or the incorporation of sewage sludge into the soil. Aquifer-A geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding groundwater to wells or springs. Arid land-Land having insufficient precipitation to support a cover crop and where precipitation is the only means of watering. Base flood-A flood that has a 1.0% chance of occurring in any given year. Beneficial Use -Placement of sewage sludge or water treatment sludge onto land in a manner which complies with the requirements of Subchapter B of this chapter (relating to Land Application for Beneficial Use), and when the land application activity is determined no only on the agronomic need or rate for a cover crop, but also on the basis of any metal or toxic constituent limitations which the cover crop has. Below-grade monofill -A monofill, as defined in this section, which is primarily situated either beneath the surrounding ground surface, within an excavation, or within a depression. Bulk sewage sludge-Sewage sludge that is not sold or given away in a bag or similar enclosure for application to the land. CFR-Code of Federal Regulations. CWA-The Clean Water Act (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub L. 96-483, Pub. L. 97-117, and Pub. L. 100.4. Class-A sewage sludge-Sewage sludge meeting one of the pathogen reduction requirement in sec.312.82(a) of this title (related to Pathogen Reduction). Class-B sewage sludge-Sewage sludge meeting one of the pathogen reduction requirement in sec.312.82(b)(1) or (2) of this title (related to Pathogen Reduction). Commission-The Texas Water Commission. Contaminate an aquifer-To introduce a substance that causes the maximum contaminant level for nitrate in 40 CFR sec.141.11 to be exceeded in groundwater or that causes the existing concentration of nitrate in groundwater to increase when the existing concentration of nitrate in the groundwater already exceeds the maximum contaminate level for nitrate in 40 CFR sec.141.11. Cover-Soil or other material used to cover sewage sludge or water treatment sludge placed on an active sludge unit. Cover crop-Grasses or small grain crops, such as oats, wheat, or barley, not grown for harvest. Cumulative metal loading rate-The maximum amount of an inorganic pollutant (dry weight basis) that may be applied to a unit area of land. Density of microorganisms -The number of microorganisms per unit mass of total solids (dry weight basis) in the sewage sludge. Displacement-The relative movement of any two sides of a fault measured in any direction. Disposal-The placement of sewage sludge or water treatment sludge on the land for any purpose other than beneficial use. Disposal shall not include placement onto the land where the activity has been approved by the executive director as storage and such storage occurs for a period of time less than two years. Domestic septage -Either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater, and does not include grease removed from a grease trap. Domestic sewage -Waste and wastewater from humans or household operations that is discharged to a wastewater collection system or otherwise enters a treatment works. Dry weight basis -Calculated on the basis of having been dried at 105-C until reaching a constant mass (i.e., essentially 100% solids content). EPA-The United States Environmental Protection Agency. Executive director -The executive director of the Texas Water Commission. Experimental Use -Nonroutine beneficial use land application or reclamation projects where sewage sludge or water treatment sludge is added to the ground for research purposes, pilot projects, feasibility studies, or similar projects, where the projects will not exceed a duration of 18 months. Facility-Includes all contiguous land, structures, other appurtenances, and improvements on the land used for the surface disposal, land application for beneficial use, or incineration of sewage sludge or water treatment plant sludge. Fault-A fracture or zone of fractures in any materials along which strata, rocks, or soils on one side are displaced with respect to strata, rocks, or soil on the other side. Feed crops-Crops produced primarily for consumption by domestic livestock, such as swine, goats, cattle, or poultry. Fiber crops-Crops such as flax and cotton. Final cover-The last layer of soil or other material placed on a sludge unit at closure. Floodway-A channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the surface elevation more than one foot. Food crops-Crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco. Forest-Land densely vegetated with trees and/or underbrush. Groundwater-Water below the land surface in the saturated zone. Holocene time-The most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present. Holocene time began approximately 10,000 years ago. Industrial wastewater -Wastewater generated in a commercial or industrial process. Institution-An established organization or corporation, especially of a public nature or where the public has access, such as child care facilities, public buildings, or health care facilities. Land application -The spraying or spreading of sewage sludge or water treatment sludge onto the land surface; the injection of sewage sludge or water treatment sludge below the land surface; or the incorporation of sewage sludge or water treatment sludge into the soil so that the sludge can either condition the soil or fertilize crops or vegetation grown in the soil. Land with a high potential for public exposure-Land that the public uses frequently and/or is not provided with a means of restricting public access. Land with a low potential for public exposure-Land that the public uses infrequently and/or is provided with a means of restricting public access. Leachate collection system-A system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a sludge unit. Liner-Soil or synthetic material that has a hydraulic conductivity of 1 x 10[sup]-7 centimeters per second or less. Soil liners shall be clay, with more than 30% passing a number 200 sieve, have a liquid limit greater than 30% and a plasticity index greater than 15 and will be at least two feet thick placed in six inch lifts. Synthetic liners shall be a membrane with a minimum thickness of 20 mils and include an underdrain leak detection system. Lower explosive limit for methane gas-The lowest percentage of methane in air, by volume, that propagates a flame at 25 degree Celsius and atmospheric pressure. Metal limit-A numerical value that describes the amount of a metal allowed per unit amount of sewage sludge (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (e.g. kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre). Monofill-A landfill or landfill trench in which sewage sludge or water treatment sludge are the only types of solid waste placed. Municipality-A city, town, county, district, association, or other public body (including an intermunicipal agency of two or more of the foregoing entities) created by or under State law; an Indian tribe or an authorized Indian tribal organization having jurisdiction over sewage sludge management; or a designated and approved management Agency under sec.208 of the CWA, as amended. The definition includes a special district created under State law, such as a water district, sewer district, sanitary district, or an integrated waste management facility as defined in sec.201(e) of the CWA, as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of sewage sludge. Off-site-Property which cannot be characterized as "on-site." On-site-The same or contiguous property owned, controlled, or supervised by the same person. If the property is divided by public or private rights-of-way, the access shall be by crossing the right-of-way or the right-of-way shall be under the control of the person. Operator-The person responsible for the overall operation of a facility. Owner-The person who owns a facility or part of a facility. POTW-(publicly-owned treatment works), or any device or system used in the treatment (including recycling and reclamation) of municipal sewage of a liquid nature which is owned by a state or municipality (as defined by the Clean Water Act, sec.502(4)). The definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment. Pasture-Land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, forbs, or stover. Pathogenic organisms -Disease causing organisms including, but not limited to, certain bacteria, protozoa, viruses, and viable helminth ova. Person-An individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof. Person who prepares sewage sludge-Either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge. Place sewage sludge or sewage sludge placed-Disposal of sewage sludge on a surface disposal site. Pollutant-An organic or inorganic substance, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the executive director, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms. Public contact site-Land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses. Qualified groundwater scientist-An individual with a baccalaureate or post- graduate degree in the natural sciences or engineering who has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by State registration, professional certification, or completion of accredited university programs, which enable the individual to make sound professional judgments regarding groundwater monitoring, pollutant fate and transport, and corrective action. Range land-Open land with indigenous vegetation. Reclamation site -Drastically disturbed land that is reclaimed using sewage sludge. This includes, but is not limited to, strip mines and construction sites. Runoff-Rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface. Seismic impact zone-An area that has a 10% or greater probability that the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years. Sewage sludge-Solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Similar enclosure -Either an open or closed container. This includes, but is not limited to, a bucket, a box, and a vehicle or trailer with a load capacity of one metric ton (2,200 pounds) or less. Sludge lagoon-An existing surface impoundment located on-site at a wastewater treatment plant for the temporary storage of sewage sludge or water treatment sludge. Any other type impoundment shall be considered an active sludge unit, as defined in this section. Sludge unit-Land on which only sewage sludge or water treatment sludge is placed for disposal. A sludge unit shall be used for sewage sludge or water treatment sludge. This does not include land on which sewage sludge or water treatment sludge is either stored or treated. Sludge unit boundary-The outermost perimeter of a surface disposal site. Specific oxygen uptake rate (SOUR)-The mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge. Store or storage -The placement of sewage sludge or water treatment sludge on land when the following conditions are met: (A) the sewage sludge or water treatment sludge remains on the land for two years or less; and (B) the storage activity has been approved in writing by the executive director after the person conducting the storage activity has notified the executive director. Surface disposal site-An area of land that contains one or more sludge units. Total solids-The materials in sewage sludge that remain as residue if the sewage sludge is dried at 103-105 degree Celsius. Transporter-Any person who collects, conveys, or transports sewage sludge, water treatment plant sludges, grit trap waste, grease trap waste, and septage by truck, ship, pipeline, or other means. Treat or treatment of sewage sludge-The preparation of sewage sludge for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of sewage sludge. This does not include storage of sewage sludge. Treatment works -Either a Federally owned, publicly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. Unstabilized solids -Organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process. Unstable area-Land subject to natural- or human-induced forces that may damage the structural components of an active sewage sludge unit. This includes, but is not limited to, land on which the soils are subject to mass movement. Vector attraction -The characteristic of sewage sludge that attracts rodents, flies, mosquitos, or other organisms capable of transporting infectious agents. Volatile solids -The amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550 degree Celsius in the presence of excess oxygen. Water Treatment Sludge-Sludge generated during the treatment of either surface water or groundwater for potable use. Wetlands-Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. sec.312.9. Sludge Fee Program. (a) The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise: (1) Annual fee-A fee charged to each person holding a registration or permit pursuant to the commission's authority in the Texas Health and Safety Code, Chapter 361. (2) Reported-Information compiled and submitted to the commission that tracks the amount of waste being stored, treated, processed, transported, or disposed of in the state, tracks the amount of processing, transporting, and disposal capacity and reserve capacity, and enables equitable assessment and collection of fees. (3) Payment-Receipt by the commission of the full amount of the annual fee(s) due. (b) An annual fee is assessed to each person holding a registration or permit to treat, process, or dispose of sewage sludge or water treatment sludge issued under this chapter, including all persons holding a commission permit allowing the treatment, discharge, or disposal of sewage sludge or water treatment sludge, issued pursuant to the Texas Water Code, Chapter 26. The amount of the fee is determined by weight of dry solids disposed of and reported to the commission as of September 1 of each year. Failure to report the disposal of sewage sludge or water treatment sludge does not exempt a registrant or permittee from this fee. The fees shall be as follows: (1) The minimum fee assessed against each registration or permit is $100, regardless of whether the site is active or inactive. (2) When sewage sludge or water treatment plant sludge that is classified as Class-A is applied to the land in a beneficial use as described in subchapter B of this title (relating to Land Application) the fee shall be $0.50 per dry ton. (3) When sewage sludge or water treatment plant sludge that is classified as Class-B is applied to the land in a beneficial use as described in subchapter B of this title (relating to Land Application) the fee shall be $0.75 per dry ton. (4) When sewage sludge or water treatment plant sludge is applied to a surface disposal site as described in subchapter C of this title (relating to Surface Disposal) the fee shall be $1.25 per dry ton. (5) When sewage sludge is fired in a sewage sludge incinerator as described in subchapter E of this title (relating to Incineration Guidelines) the fee shall be $1.25 per dry ton. (c) An annual transporter fee is assessed against each person or entity holding a registration to transport sewage sludge, water treatment sludge, or septage (including transporters of grit (mud) trap and grease trap waste) issued in accordance with in subchapter G of this title (relating to Transporter Provisions). The amount of the annual fee shall be based upon the total annual volume of waste transported by the transporter under each registration and reported to the commission as of July 15, each year. Failure to report the transportation of sewage sludge or water treatment sludge does not exempt a registrant from this fee. The fees shall be as follows: (1) For a total annual volume transported of 10,000 gallons (50 cubic yards) or less the fee is $100. (2) For a total annual volume transported greater than 10,000 gallons (50 cubic yards) but equal to or less than 50,000 (250 cubic yards), the fee is $250. (3) For a total annual volume transported greater than 50,000 gallons (250 cubic yards) but equal to or less than 200,000 gallons (1,000 cubic yards), the fee is $400. (4) For a total annual volume transported of greater than 200,000 gallons (1,000 cubic yards) the fee is $500. (d) Fees assessed in subsections (b) and (c) of this section shall be paid, by the registrant or permittee, prior to October 1 of each year. Fees shall be paid by check, certified check or money order payable to the Texas Water Commission. Fees not paid within 30 days of bill shall be assessed a 10% late charge. (e) Failure of the registrant or permittee to submit the required fee payment by within 30 days of billing shall be sufficient cause for the commission to revoke the registration or permit and authorization to process or dispose of waste. Any entity to whom a registration or permit is transferred shall be liable for payment of the annual fee on the same basis as the transferor. sec.312.10. Permit and Registration Applications Processing. (a) Applications for permits, registrations, or other types of approvals required by this subchapter shall be reviewed by the staff for administrative completeness within 10 working days of receipt of the application by the executive director. (b) Permit and registration applications for sewage sludge or water treatment sludge land application, disposal, incineration, or transportation must include: (1) complete application form(s), signed and notarized, and appropriate copies provided; (2) the verified legal status of the applicant(s), including both operator and landowner, as applicable; (3) the signature of the applicant(s), checked against agency requirements, in accordance with sec.305. 44 of this title (relating to Signatories to Applications); (4) a notarized affidavit from the applicant(s) verifying land ownership and landowner agreement to the proposed activity; (5) the attachment of technical reports and supporting data required by the application; and (6) any other information as the executive director or the commission may reasonably require. (c) Permit applications for sewage sludge or water treatment sludge land application, disposal, or incineration must additionally include a list of adjacent and potentially affected landowners, residents, and businesses, and their addresses, along with an appropriately scaled map locating the property owned by these persons. (d) Upon receipt of an application for a permit or registration, described in subsections (b) and (c) of this section not to include transportation registrations, which contains the information required, the executive director or his designee shall assign the application a number for identification purposes, and prepare a statement of the receipt of the application and declaration of administrative completeness which is suitable for publishing or mailing and shall forward that statement to the chief clerk. The chief clerk shall notify every person entitled to notification of a particular application under the rules of the commission, and as described in sec.312.13 of this title (relating to Actions, Notice, Public Meetings, and Hearing). (e) The notice of receipt of an application for permit or registration and declaration of administrative completeness shall contain the following information: (1) the identifying number given the application by the commission; (2) the type of permit or registration sought under the application; (3) the name and address of the applicant(s); (4) the date on which the application was submitted; and (5) a brief summary of the information included in the application. (f) Nothing in this section shall be construed so as to waive the requirement of notice of the application and draft permit in accordance with Chapter 305, Subchapter E, of this title (relating to Actions, Notice and Hearing) for applications for sewage sludge or water treatment sludge land application, disposal, or incineration permits. (g) Any person who is required to obtain a permit, or who requests an amendment, modification or renewal of a permit to land apply, dispose of, or incinerate sewage sludge or water treatment sludge is subject to the application processing procedures and requirements found in sec.281.18 of this title (relating to Applications Returned), sec.281.19 of this title (relating to Technical Review), sec.281.20 of this title (relating to Extensions), sec.281. 21 of this title (relating to Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary), sec.281.22 of this title (relating to Referral to Commission), sec.281.23 of this title (relating to Application Amendment), and sec.281.24 of this title (relating to Effect of Rules). (h) Any person who is required to obtain approval of a registration, or who requests an amendment, modification, or renewal of a registration to land apply sewage sludge or water treatment sludge is subject to the application processing procedures and requirements found in sec.281.18 of this title (relating to Applications Returned), sec.281.19 of this title (relating to Technical Review), and sec.281.20 of this title (relating to Extensions). (i) Where the landowner is not the operator of a site proposed to be utilized for land application of sewage sludge or water treatment sludge, both landowner and operator shall be applicants, unless operator can show a substantial interest in the land, such as an option or ernest money contract; or, the landowner signs an affidavit acknowledging responsibility and the registration clearly states that the landowner is jointly responsible. (j) The registration shall be cancelled upon receipt of a written request for cancellation from either applicant. The TWC will provide notice to the other applicant that cancellation has been requested and that cancellation will occur ten days from the issuance of notice. This notice is provided merely as a courtesy by the TWC. (k) In order to transfer a registration held by joint applicants, both applicants must sign the transfer application. An application for transfer that is signed by only one applicant will be considered a request for cancellation. (l) If a registration for a site is canceled, a complete application for registration must be submitted in order to re-register the site. If the application is approved, the site will be re-registered under the same site registration number. sec.312.11 Permits. (a) The provisions of this section set the standards and requirements for permit applications to land apply, dispose of, or incinerate sewage sludge or water treatment sludge. (b) Any person who is required to obtain a permit, or who requests an amendment, modification, or renewal of a permit to land apply, dispose of, or incinerate sewage sludge or water treatment sludge is subject to the permit application procedures of sec.305.42(a) of this title (relating to Application Required), sec.305.43 of this title (relating to Who Applies), sec.305.44 of this title (relating to Signatories to Applications),sec.305.45 of this title (relating to Contents of Application for Permit), sec.305.46 of this title (relating to Designation of Material as Confidential), and sec.305.47 of this title (relating to Retention of Application Data). (c) The following shall be included in an application for permit to land apply, dispose of, or incinerate sewage sludge or water treatment sludge: (1) The original and one copy of the permit application shall be submitted on forms provided by or approved by the executive director and shall be accompanied by a like number of copies of all technical supplements and attachments. (2) The application shall show the ownership of all the tracts of land adjacent to, or within one-half mile of the perimeter of any portion or tract of land where the land application, incineration, or disposal facility is to be located. The application shall show each residential or business address and occupant of all the tracts of land adjacent to, or within 1/2-mile of the perimeter of any portion or tract of land where the land application, incineration, or disposal facility is to be located. The applicant shall list on a map, or in a separate sheet attached to a map, the names and addresses of the owners, residents, and businesses of such tracts of land as can be determined from the current county tax rolls and other reliable sources. The application shall state the source of the information. (3) The applicant shall submit any other information reasonably required by the executive director to ascertain whether the facility will be constructed and operated in compliance with all pertinent state and federal statutes, including but not limited to the following: (A) the operator's name, address, and telephone number; (B) whether the facility is located on Indian lands; and (C) the legal owners of all tracts of land on which the proposed activity will occur. (d) Any person who is required to obtain a permit, or who requests an amendment, modification, or renewal of a permit to land apply, dispose of, or incinerate sewage sludge or water treatment sludge is subject to the standards and requirements for applications and actions concerning amendments, modifications, renewals, transfers, corrections, revocations, and suspensions of permits, as set forth in sec.305. 62 of this title (relating to Amendment), sec.305.63 of this title (relating to Renewal), sec.305.64 of this title (related to Transfer of Permits), sec.305.65 of this title (relating to Corrections of Permits), sec.305.66 of this title (relating to Permit Denial, Suspension, and Revocation), sec.305.67 of this title (relating to Revocation and Suspension upon Request or Consent), and sec.305.68 of this title (relating to Action and Notice on Petition for Revocation or Suspension). (e) Any person who is issued a permit to land apply, dispose of, or incinerate sewage sludge or water treatment sludge is subject to the permit characteristics and standards set forth in sec.305.122 of this title (relating to Characteristics of Permits), sec.305.123 of this title (relating to Reservation in Granting Permit), sec.305.124 of this title (relating to Acceptance of Permit, Effect), sec.305.125 of this title (relating to Standard Permit Conditions), sec.305.126(d) of this title (relating to Additional Standard Permit Conditions for Waste Discharge Permits), sec.305.127 of this title (relating to Conditions to be Determined for Individual Permits), sec.305.128 of this title (relating to Signatories to Reports), and sec.305.129 of this title (relating to Variance Procedures). sec.312.13. Actions, Notice, Public Meetings, and Hearing. (a) Applicability. This section sets forth the manner in which action will be taken on applications for either a permit or a registration to land apply, dispose of, or incinerate sewage sludge or water treatment sludge, filed with the commission. (b) Permit Actions. Any application for a permit to land apply, dispose of, or incinerate sewage sludge, water treatment plant sludge, or septage is subject to the standards and requirements for actions concerning amendments, modifications, transfers, and renewals of permits, as set forth in sec.305.92 of this title (relating to Action on Applications), sec.305.93(a) of this title (relating to Action on Applications for Permit), sec.305.95 of this title (relating to Action on Applications for Renewal), sec.305.96 of this title (relating to Action on Applications for Amendment or Modification), sec.305.97 of this title (relating to Action on Application for Transfer), sec.305.98 of this title (relating to Scope of Proceedings), sec.305. 99 of this title (relating to Commission Action), sec.305.100 of this title (relating to Notice of Application), sec.305.101 of this title (relating to Notice of Hearing), sec.305.102 of this title (relating to Notice by Publication), sec.305.103 of this title (relating to Notice by Mail), sec.305. 105 of this title (relating to Request for Public Hearing), and sec.305.106 of this title (relating to Response to Comments). (c) Opportunity for public meeting concerning a permit or registration. The public notice requirements of this subsection apply to new applications for either a permit or registration, and also to applications for major amendment of either a permit or registration of sites for land application, disposal, or incineration of sewage sludge or water treatment sludge. These public notice requirements include: (1) In addition to persons entitled to notice under sec.312.10(d) of this title (relating to Permit and Registration Applications Processing), the chief clerk of the commission shall also mail Notice of Receipt of Application and Declaration of Administrative Completeness to all county judges, county commissioner's court, and underground water districts in the county where the proposed site for land application, disposal, or incineration of sewage sludge or water treatment sludge is to be located. The Chief Clerk of the commission shall mail Notice of Receipt of Application and Declaration of Administrative Completeness to the Deputy Commissioner of the Resource and Asset Management Division of the Texas General Land Office of all proposed sites for the land application, disposal or incineration of the sewage sludge, septic, or water treatment sludge. (2) Upon the chief clerk's mailing of the Notice of Receipt of Application and Declaration of Administrative Completeness in accordance with paragraph (1) of this subsection and sec.312.10(d) of this title (relating to Permit and Registration Applications Processing) the applicant shall immediately make available for public review a complete copy of the application at either the county courthouse in the county where the site is proposed to be located or at a public library in the area of the proposed site. The application shall have attached to its cover a statement prepared by the commission and provided to the applicant indicating an address and telephone number for the applicant and for the commission's Austin office where more information regarding the application and proposed activity may be obtained. The statement shall also indicate that any person desiring a public meeting as described in subsection (e) of this section shall submit a written request to the office of the chief clerk of the commission by the deadline date indicated in the notice. The deadline date shall be 30 days from the date the application was made available for public review in the county courthouse or public library. The statement shall also provide that any person requesting a public meeting must state in the request the reason a public meeting is desired. The application shall remain at the county courthouse or local library for review for at least 30 days. (3) The applicant shall submit an affidavit to the chief clerk of the commission certifying that the requirements of this section were complied with. If a public meeting is requested, the office of the chief clerk shall immediately forward such request(s) and all reasons for the meeting being desired to the appropriate staff of the executive director. The executive director shall then comply with the notice and public meeting requirements set out in subsection(e) of this section. (d) Posting of Notice at the Proposed Site. Concurrently with the 30-day period for public review of the application, described in subsection (c) of this section, any applicant for a permit or registration shall comply with the following posting requirements: (1) At the applicant's expense, a sign or signs shall be placed and maintained at the site of the proposed land application, disposal, or incineration of sewage sludge or water treatment sludge, declaring the filing of an application for a permit or registration and stating the manner in which the commission may be contacted for further information. Such signs shall be provided by the applicant and shall meet the following requirements: (A) Signs shall consist of dark lettering on a white background and shall be no smaller than 18 inches by 28 inches; (B) Signs shall be headed by the words "PROPOSED (BIOSOLIDS, SLUDGE, or SEPTAGE) (APPLICATION, DISPOSAL, or INCINERATION) SITE" in no less than two-inch boldface block printed capital lettering; (C) Signs shall include the words "APPLICATION No.______" and the number of the permit or registration application in no less than one-inch boldface block printed capital lettering; (D) Signs shall include the words "for further information contact" in no less than 1/2-inch lettering; (E) Signs shall include the words "Texas Water Commission, " in no less than one-inch boldface capital lettering and 3/4-inch boldface lower case lettering; and (F) Signs shall include the phone number of the Austin office of the Texas Water Commission where more information may be obtained regarding the application, in no less than two-inch boldface numbers. (2) The sign or signs must be in place by the date of placement of the application in the county courthouse or public library as required by paragraph (2) of subsection (c) and must remain in place and legible throughout the same 30-day period in which the application is available for public review. (3) Each sign placed at the site must be located within 10 feet of each property line paralleling a street or other public thoroughfare. Signs must be completely visible from the street and spaced at not more than 1,500 foot intervals. A minimum of one sign, but no more than three signs, shall be required along any property line paralleling a public thoroughfare. (4) These sign requirements do not apply to properties under the same ownership which are noncontiguous and/or separated by intervening public thoroughfares. (e) Permit and registration public meeting and notice requirements. In accordance with paragraphs (2) and (3) of subsection (c), a public meeting may be requested on any new or major amendment applications to register or permit a site for land application, disposal, or incineration of sewage sludge or water treatment sludge. The executive director shall, upon receipt of a request for a public meeting from the office of the chief clerk, determine whether a public meeting should be held. It is solely within the discretion of the executive director to make this determination. If it is determined that a public meeting will not be held, the executive director shall mail notice of the decision to all individuals who had requested the public meeting during the public comment period. If it is determined that a public meeting will be held, the following requirements apply: (1) The purpose of the public meeting is to facilitate constructive communication between applicants and members of the public and to allow citizens to provide the commission with additional information regarding the proposed land application for beneficial use, disposal of, or incineration of sewage sludge or water treatment sludge. A public meeting under this section is not a contested case hearing under the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a); (2) The public meeting shall be held as soon as is practicable after it is requested. At least 15 days prior to the public meeting, the applicant shall cause notice of the meeting approved by the executive director to be published in a newspaper of the largest general circulation that is published in the county where the site is proposed to be located, or, if no newspaper is published in the county, in a newspaper of general circulation in the county; (3) The applicant is responsible for all costs associated with the publication of notice. The applicant shall coordinate the date and time of a the public meeting with commission staff reviewing the application and the chief clerk of the commission prior to publication of notice; and (4) The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information: (A) the registration or permit application number; (B) the applicant's name; (C) the proposed location of the facility; (D) the location and availability of copies of the registration or permit application. The applicant shall retain copies of the application at the county courthouse or local library for public review; and (E) the date, time, and location of the public meeting to be held regarding the application. (f) Major Amendment. For purposes of this chapter, a major amendment is an amendment that changes a substantive term, provision, requirement, or a limiting parameter of a permit or a substantive change in the information provided in an application for registration, regarding sewage sludge or water treatment sludge management. Changes which are not considered major include typographical errors, changes which result in more stringent monitoring requirements, changes in site ownership, changes in site operator, or similar administrative information. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326505 Mary Ruth Holder Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 Subchapter B. Land Application for Beneficial Use 31 TAC sec.sec.312.41-312.49 The new sections are adopted under the Texas Water Code, sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the sections are adopted pursuant to the Texas Solid Waste Disposal Act (the Act), the Texas Health and Safety Code, sec.361.011 and sec.361.024, which provide the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.41. Applicability. (a) Applications. This subchapter applies to any person who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge to the land, to sewage sludge applied to the land, and to the land on which sewage sludge is applied. (b) Bulk sewage sludge. (1) Section 312.42 of this title (relating to General Requirements) and sec.312.44 of this title (relating to Management Practices) do not apply when bulk sewage sludge is applied to the land if the bulk sewage sludge meets the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). (2) The executive director may apply any or all of sec.312.42 of this title (relating to General Requirements) and sec.312.44 of this title (relating to Management Practices) to the bulk sewage sludge in sec.312.41(b)(1) of this section on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any metal in the bulk sewage sludge. (c) General requirement. (1) Section sec.312.42 of this title (relating to General Requirements) and the management practices in sec.312.44 of this title (relating to Management Practices) do not apply when a bulk material derived from sewage sludge is applied to the land if the derived bulk material meets the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312.83(a), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). (2) The executive director may apply any or all of sec.312.42 of this title (relating to General Requirements) or in sec.312.44 of this title (relating to Management Practices) to the bulk material in subsection (C) of this section on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any metal in the bulk sewage sludge. (d) Bulk derived materials. The requirements in this subchapter do not apply when a bulk material derived from sewage sludge is applied to the land if the sewage sludge from which the bulk material is derived meets the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). (e) Bagged sludge. Sewage sludge sold or given away in a bag or other container for application to the land. Section 312.42 of this title (relating to General Requirements) and in sec.312.44 of this title (relating to Management Practices) do not apply when sewage sludge is sold or given away in a bag or other container for application to the land if the sewage sludge sold or given away in a bag or other container for application to the land meets the metal concentrations in sec.312.43(b) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). (f) Bagged derived materials. Section sec.312. 42 of this title (relating to General Requirements) and sec.312.44 of this title (relating to Management Practices) do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the derived material meets the metal concentrations in sec.312.43(b) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). (g) Bagged materials. The requirements in this subchapter do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the sewage sludge from which the material is derived meets the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312.83(a) of this title (relating to Vector Attraction Reduction), and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction). sec.312.42. General requirements. (a) No person shall apply sewage sludge, including domestic septage, to the land except in accordance with the requirements in this subchapter. (b) No person shall apply sewage sludge that does not meet the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits) to land where any of the cumulative metal loading rates in sec.312.43(b)(2) have been reached. (c) No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365-day period where the annual application rate in sec.312.43(c) has been reached. (d) The person who applies sewage sludge, including domestic septage, to the land shall obtain information needed to comply with the requirements in this subchapter. (e) If a treatment works provides bulk sewage sludge to a person who applies the bulk sewage sludge to the land, the treatment works shall provide the person who applies the bulk sewage sludge to the land notice and necessary information to comply with the requirements in this subchapter. (f) If a treatment works provides bulk sewage sludge to a person who prepares the bulk sewage sludge for application to the land, the treatment works shall provide the person who prepares the bulk sewage sludge for application to the land notice and necessary information to comply with the requirements in this subchapter. (g) The person who applies bulk sewage sludge to the land shall provide the owner or lease-holder of the land on which the bulk sewage sludge is applied notice and necessary information to comply with the requirements in this subchapter. (h) If a treatment works provides sewage sludge to a person who prepares the sewage sludge for sale or give away in a bag or similar enclosure for application to the land, the treatment works shall provide the person who prepares the sewage sludge for sale or give away in a bag or similar enclosure for application to the land notice and information to comply with the requirements in this subchapter. (i) The applicant shall determine the background levels of regulated metals in the top six inches of the soil and demonstrate to the satisfaction of the commission that the proposed cumulative metal loading will result in a non-toxic condition or reduce the toxicity of the existing soil. sec.312.43. Metal Limits. (a) Sewage sludge. (1) Bulk sewage sludge or sewage sludge sold or given away in a bag or other container shall not be applied to the land if the concentration of any metal in the sewage sludge exceeds the ceiling concentration for the metal in Table 1 of subsection (b) of this section. (2) If the bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site, either: (A) the cumulative loading rate for each metal shall not exceed the cumulative metal loading rate for the metal in Table 2 of subsection (b) of this section, or (B) the concentration of each metal in the sewage sludge shall not exceed the concentration for the metal in Table 3 of subsection (b) of this section. (3) If bulk sewage sludge is applied to a lawn or a home garden, the concentration of each metal in the sewage sludge shall not exceed the concentration for the metal in Table 3 of subsection (b) of this section. (4) If sewage sludge is sold or given away in a bag or other container for application to the land, either: (A) the concentration of each metal in the sewage sludge shall not exceed the concentration for the metal in Table 3 in subsection (b) of this section; or (B) the product of the concentration of the each pollution in the sewage sludge and the annual sludge application rate for the sewage sludge shall not cause the annual metal loading rate for the metal in Table 4 of subsection (b) of this section to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in sec.312.49 of this title (relating to Appendix A-Procedure to Determine the Annual Whole Sludge Application Rate for a Sewage Sludge). (b) Metal concentrations and loading rates-sewage sludge. (1) Ceiling concentrations. [graphic] (2) Cumulative metal loading rates. [graphic] (3) Metal concentrations [graphic] (4) Annual Pollution loading rates. [graphic] (c) Domestic Septage. The annual application rate for domestic septage applied to agricultural land, forest, or a reclamation site shall be equal to or less than the annual application rate calculated using equation 1. [graphic] sec.312.44. Management Practices. (a) Bulk sewage sludge shall not cause or contribute to the harm of a threatened or endangered species of plant, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of a threatened or endangered species after application to agricultural land, forest, a public contact site, or a reclamation site. (b) Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded. (c) Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is frozen or snow-covered. (d) Bulk sewage sludge not meeting Class-A pathogen requirements and applied to agricultural land, forest, or a reclamation site, shall maintain a buffer zone of at least 200 feet from waters of the State, unless otherwise specified by the commission. Other buffer zone distances are as follows: (1) private water supply well-200 feet; (2) public water supply well or intake-500 feet; (3) solution channels, sinkholes, or other conduits to groundwater-200 feet; (4) occupied residence or public right-of-way-300 feet; (5) existing schools, institutions, or residential or business development property lines-1,000 feet; (6) property boundary-50 feet; and (7) irrigation conveyance canals-10 feet. (e) Bulk sewage sludge shall be applied to agricultural land, forest, or a public contact site at a whole sludge application rate that is equal to or less than the agronomic rate for the agricultural land, forest, or public contact site on which the bulk sewage sludge is applied. On a case-by-case basis, a whole sludge application rate may exceed the agronomic rate for a time- application to a reclamation site. (f) Bulk sewage sludge shall be applied to a reclamation site at a whole application rate that is equal to or less than the agronomic rate for the reclamation site on which the bulk sewage sludge is applied, unless otherwise specified by the commission. (g) Seasonal high water table, groundwater table, or depth to water-saturated soils shall be not less than three feet below the treatment zone for soils with moderate to slow permeability (less than two inches per hour) or four feet below the treatment zone for soils with rapid to moderately rapid permeability (between six and two inches per hour). Application of sludge to land having soils with greater permeability and with higher water tables will be considered on a case-by-case basis. (h) Sludge shall be applied by a method and under conditions that prevent runoff beyond the active application area and protects the quality of the surface water and the soils in the unsaturated zone. (1) Sludge shall be applied uniformly over the surface of the land. (2) When applied to unvegetated soils, sludges shall be incorporated into the soils within 48 hours of application. (3) Sludge shall not be applied to areas where permeable surface soils are less than 2 feet thick. (4) Sludge shall not be applied during rainstorms or during periods in which surface soils are water-saturated. (5) Sludge shall not be applied to areas having topographical slopes in excess of 8%. (6) Where the sludge is not incorporated within 48 hours of application, stormwater runoff generated by storms of up to a 10-year, one-hour event shall be prevented from leaving the application area. Berms shall be installed for this purpose if necessary. (7) Where runoff from the active application area is evident, the operator shall cease further sludge application until the condition is corrected. (8) Sludge applied under provisions of this section on land within a designated base flood 100-year floodplain must be incorporated into the soil within 24 hours. Sludge shall not be applied under provisions of this section on land within a designated floodway. (9) If a 100-year floodplain is not designated, the applicant shall demonstrate to the satisfaction of the executive director that site inundation will be prevented or that the land application site is not subject to flooding. (i) A land application site location shall be selected and the site operated in a manner to prevent public health nuisances. Where nuisance conditions exist, the operator shall take necessary action to abate such nuisances. The tracking of mud or soils from the application area or access roads onto public roadways shall be controlled to any applicable conform to state and local requirements. Dust from site and access roadways shall be prevented from becoming a nuisance to surrounding areas. (j) Either a label shall be affixed to the bag or similar enclosure in which sewage sludge is sold or given away for application to the land or an information sheet shall be provided to the person who receives sewage sludge sold or given away in a similar enclosure for application to the land. The label or information sheet shall contain the following information: (1) the name and address of the person who prepared the sewage sludge for sale or giveaway in a bag or similar enclosure for application to the land; (2) a statement that prohibits the application of the sewage sludge to the land except in accordance with the instructions on the label or information sheet; (3) the annual whole sludge application rate for the sewage sludge that does not cause the annual metal loading rates in Table 4 of this section to be exceeded. sec.312.45. Operational Standards-Pathogens and Vector Attraction. (a) Pathogens. (1) The Class-A pathogen requirements in sec.312.82(a) or Class-B pathogen requirements in sec.312.82(b) of this title (relating to Pathogen Reduction) shall be met if bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site. (2) The Class-A pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction) shall be met if bulk sewage sludge is applied to a lawn or a home garden. (3) The Class-A pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction) shall be met if sewage sludge is sold or given away in a bag or similar enclosure for application to the land. (4) The requirements in sec.312.82(c) of this title (relating to Pathogen Reduction) shall be met if domestic septage is applied to agricultural land, forest, or a reclamation site. (b) Vector attraction reduction. (1) One of the vector attraction reduction requirements in sec.312.83(b)(1)- (10) of this title (relating to Vector Attraction Reduction) shall be met if bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site. (2) One of the vector attraction reduction requirements in sec.312.83(b) (1)- (8) of this title (relating to Vector Attraction Reduction) shall be met if bulk sewage sludge is applied to a lawn or a home garden. (3) One of the vector attraction reduction requirements in sec.312.83(b)(1)- (8) of this title (relating to Vector Attraction Reduction) shall be met if sewage sludge is sold or given away in a bag or similar enclosure for application to the land. (4) The vector attraction reduction requirements in sec.312.83(b) (12) of this title (relating to Vector Attraction Reduction) shall be met if domestic septage is applied to agricultural land, forest, or a public contact site. sec.312.46. Frequency of Monitoring. (a) Sewage sludge (other than domestic septage). (1) The frequency of monitoring for the metals listed in Table 1, Table 2, Table 3, and Table 4 of sec.312.45(b) of this title (relating to Metal Limits); the pathogen density requirements in either sec.312.82(a) or sec.312.82(b)(2) of this title (relating to Pathogen Reduction); and vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) are defined in Table 5. [graphic] (2) The commission may increase the frequency of monitoring required in paragraph (1) of this subsection after the sewage sludge is monitored for two years at the frequency in Table 5. The increase in frequency of monitoring should only increase to the next highest frequency for each two-year period and then may be lowered in the same manner. In no case shall the frequency of monitoring be less than the frequency required in Table 5 if sewage sludge is placed on a beneficial use site. (b) Domestic septage applied to agricultural land, forest, or a reclamation site shall be monitored for the pathogen requirements in sec.312.82(c) of this title (relating to Pathogen Reduction) and the vector attraction reduction requirements in sec.312.83(b)(12) of this title (relating to Vector Attraction Reduction). sec.312.47. Recordkeeping. (a) Sewage sludge. (1) The person who prepares the sewage sludge in sec.312.41(b)(1) or in sec.312. 41(e) of this title (relating to Applicability) shall develop the following information and shall retain the information for five years: (A) the concentration of each metal listed in Table 3 of sec.312.43 of this title (relating to Metal Limits) in the sewage sludge; (B) the following certification statement: "I certify, under penalty of law, that the Class-A pathogen requirements in sec.312.82(a) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (C) a description of how the Class-A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction) are met: and (D) a description of how one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met. (2) The person who derives the material in sec.312.41(c)(1) or in sec.312. 41(f) of this title (relating to Applicability) shall develop the following information and shall retain the information for five years: (A) the concentration of each metal listed in Table 3 of sec.312.43(b)(3) of this title (relating to Metal Limits) in the material; (B) the following certification statement: "I certify, under penalty of law, that the Class-A pathogen requirements in sec.312.82(a) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and the vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (C) a description of how the Class-A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction) are met; and (D) a description of how one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met. (3) If the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits), the Class-A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction), and the vector attraction reduction requirements in either sec.312.83(b)(9) or (10) of this title (relating to Vector Attraction Reduction) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site: (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years: (i) the concentration of each metal listed in Table 3 of sec.312.43(b)(3) of this title (relating to Metal Limits) in the bulk sewage sludge; and (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in sec.312.82(a) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (iii) a description of how the pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction) are met. (B) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years: (i) the following certification statement: "I certify, under penalty of law, that the management practices in sec.312.44 and the vector attraction reduction requirement in (insert either sec.312.83(b)(9) or (10)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including fine and imprisonment"; (ii) a description of how sec.312.44 of this title (relating to Management Practices) are met for each site on which bulk sewage sludge is applied; and (iii) a description of how the vector attraction reduction requirements in either sec.312.83(b)(9) or (10) of this title (relating to Vector Attraction Reduction) are met for each site on which bulk sewage sludge is applied. (4) If the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits) and the Class-B pathogen requirements in sec.312. 82(b) of this title (relating to Pathogen Reduction) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site: (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years: (i) the concentration of each metal listed in Table 3 of sec.312.43(b)(3) of this title (relating to Metal Limits) in the bulk sewage sludge; (ii) the following certification statement: "I certify under, penalty of law, that the Class-B pathogen requirements in sec.312.82(b) of this title (relating to Pathogen Reduction) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in sec.312.83(b)(1)- (8) if one of those requirements is met) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements [and vector attraction reduction requirements if applicable] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (iii) a description of how the Class-B pathogen requirements in sec.312.82(b) of this title (relating to Pathogen Reduction) are met; and (iv) when one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met, a description of how the vector attraction reduction requirement is met. (B) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years: (i) the following certification statement: "I certify, under penalty of law, that the management practices in sec.312.44, the site restrictions in sec.312.82(b)(5), and the vector attraction reduction requirements in (insert either sec.312.83(b)(9) or (10), if one of those requirements is met) have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and site restrictions (and the vector attraction reduction requirements if applicable) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (ii) a description of how sec.312.44 of this title (relating to Management Practices) are met for each site on which bulk sewage sludge is applied; (iii) a description of how the site restrictions in sec.312.82(b)(5) of this title (relating to Pathogen Reduction) are met for each site on which bulk sewage sludge is applied; and (iv) when the vector attraction reduction requirement in either sec.312.83(b)(9) or (10) of this title (relating to Vector Attraction Reduction) is met, a description of how the vector attraction reduction requirement is met. (5) If the requirements in sec.312.43(a)(2)(A) of this title (relating to Metal Limits) are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site: (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years: (i) the concentration of each metal listed in Table 1 of sec.312. 43(b)(1) of this title (relating to Metal Limits) in the bulk sewage sludge; (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in (insert either sec.312.82(a) or (b)) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) if one of those requirements is met) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements [and vector attraction reduction requirements] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (iii) a description of how the pathogen requirements in either sec.312.82(a) or (b) of this title (relating to Pathogen Reduction) are met; and (iv) when one of the vector attraction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met, a description of how the vector attraction requirement is met. (B) The person who applies the bulk sewage sludge shall develop the following information, retain the information in sec.312.47(a) (5)(B)(i)-(vii) indefinitely, and retain the information in sec.312.47(a)(5)(B) (viii)-(xiii) for five years: (i) the location, by either street address or latitude and longitude, of each site on which bulk sewage sludge is applied; (ii) the number of hectares in each site on which bulk sewage sludge is applied; (iii) the date and time bulk sewage sludge is applied to each site; (iv) the cumulative amount of each metal (i.e., kilograms) listed in Table 2 of sec.312.43(b)(2) of this title (relating to Metal Limits) in the bulk sewage sludge applied to each site, including the amount in sec.312.42(e)(2)(C) of this title (relating to General Requirement); (v) the amount of sewage sludge (i.e., metric tons) applied to each site; (vi) the following certification statement: "I certify, under penalty of law, that the requirements to obtain information in sec.312.42(e)(2) have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment"; (vii) a description of how the requirements to obtain information in sec.312.12(e)(2) of this title (relating to General Requirements) are met; (viii) the following certification statement: "I certify, under penalty of law, that the management practices in sec.312.44 have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices have been met. I am aware that there are significant penalties for false certification including fine and imprisonment"; (ix) a description of how sec.312.44 of this title (relating to Management Practices) are met for each site on which bulk sewage sludge is applied; (x) the following certification statement when the bulk sewage sludge meets the Class-B pathogen requirements in sec.312.82(b) of this title (relating to Pathogen Reduction): "I certify, under penalty of law, that the site restrictions in sec.312.82(b)(5) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment"; (xi) a description of how the site restrictions in sec.312.82(b)(5) of this title (relating to Pathogen Reduction) are met for each site on which Class-B bulk sewage sludge is applied; (xii) the following certification statement when the vector attraction reduction requirement in either sec.312.83(b)(9) or (10) of this title (relating to Vector Attraction Reduction) is met: "I certify, under penalty of law, that the vector attraction reduction requirement in (insert either sec.312.83(b)(9) or (10)) has been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction requirement has been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; and (xiii) if the vector attraction reduction requirements in either sec.312.83(b)(9) or (10) of this title (relating to Vector Attraction Reduction) are met, a description of how the requirements are met. (6) If the requirements in sec.312.43(a)(4)(B) of this title (relating to Metal Limits) are met when sewage sludge is sold or given away in a bag or other container for application to the land, the person who prepares the sewage sludge that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years: (A) the annual whole sludge application rate for the sewage sludge that does not cause the annual metal loading rates in Table 4 of sec.312.43(b)(4) of this title (relating to Metal Limits) to be exceeded; (B) the concentration of each metal listed in Table 4 of sec.312.43(b)(4) of this title (relating to Metal Limits) in the sewage sludge; (C) the following certification statement: "I certify, under penalty of law, that the management practice in sec.312.44(e), the Class-A pathogen requirement in sec.312.82(a), and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practice, pathogen requirements, and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (D) a description of how the Class-A pathogen requirements in sec.312.82(a) of this title (relating to Pathogen Reduction) are met; and (E) a description of how one of the vector attraction requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met. (b) Domestic septage. When domestic septage is applied to agricultural land, forest, or a reclamation site, the person who applies the domestic septage shall develop the following information and shall retain the information for five years: (1) the location, by either street address or latitude and longitude, of each site on which domestic septage is applied; (2) the number of acres in each site on which domestic septage is applied; (3) the date and time domestic septage is applied to each site; (4) the nitrogen requirement for the crop or vegetation grown on each site during a 365-day period; (5) the rate, in gallons per acre per 365-day period, at which domestic septage is applied to each site; (6) The following certification statement: "I certify, under penalty of law, that the pathogen requirements in (insert either sec.312.82(c)(1) or (2) ) and the vector attraction reduction requirements in (insert sec.312.83(b)(9), (10), or (12)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (7) a description of how the pathogen requirements in either sec.312. 83(c)(1) or (2) of this title (relating to Vector Attraction Reduction) are met; (8) a description of how the vector attraction reduction requirements in sec.312.83(b)(9),(10), or (12) of this title (relating to Vector Attraction Reduction) are met. sec.312.48. Reporting. Unless otherwise specified by the commission, sludge management facilities and Publicly Owned Treatment Works (POTWs) shall submit the following information to the Enforcement Section of the Watershed Management Division and to the District Office: (1) the information in sec.312.47 of this title (relating to Recordkeeping) for the appropriate requirements by September 1 of each year; and (2) the information in sec.312.47(a)(5)(A)(i)-(B)(v) of this title (relating to Record Keeping) by September 1 of each year if: (A) the sewage sludge does not meet the metal concentrations in sec.312.43(b)(3) of this title (relating to Metal Limits); (B) 90% or more of any of the cumulative metal loading rates in Table 2 of sec.312.43(b)(2) of this title (relating to Metal Limits) is reached at a site; or (C) sewage sludge is applied to a site after 90% of any of the cumulative metal loading rates is reached at the site. sec.312.49. Appendix A -Procedure to Determine the Annual Whole Sludge Application Rate for a Sewage Sludge. Section 312.43(a)(4)(B) of this title (relating to Metal Limits) requires that the product of the concentration for each metal listed in Table 4 of sec.312.43 of this title (relating to Metal Limits) in sewage sludge sold or given away in a bag or other container for application to the land and the annual whole sludge application rate (AWSAR) for the sewage sludge not cause the annual metal loading rate for the metal in Table 4 of sec.312.43(b)(4) of this title (relating to Metal Limits) to be exceeded. This appendix contains the procedure used to determine the AWSAR for a sewage sludge that does not cause the annual metal loading rates in Table 4 of sec.312.43(b)(4) of this title (relating to Metal Limits) to be exceeded. (1) The relationship between the annual metal loading rate (AMLR) for a metal and the annual whole sludge application rate (AWSAR) for a sewage sludge is shown in equation (1). [graphic] (2) To determine the AWSAR, equation (1) is rearranged into equation (2). [graphic] (3) The procedure used to determine the AWSAR for a sewage sludge is presented in Appendix-A. Appendix A PROCEDURE: 1. Analyze a sample of the sewage sludge to determine the concentration for each of the metals listed in Table 4 of sec.312.43 of this title (relating to Metal Limits) in the sewage sludge. 2. Using the metal concentrations from Step 1 and the AMLRs from Table 4 of sec.312.43(b)(4) of this title (relating to Metal Limits), calculate an AWSAR for each metal using equation (2) above. 3. The AWSAR for the sewage sludge is the lowest AWSAR calculated in Step 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326506 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 Subchapter C. Surface Disposal 31 TAC sec.sec.312.61-312.68 The new sections are adopted under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the sections are adopted pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.011 and sec.361.024, which provides the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.61. Applicability. (a) This subchapter applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site. (b) This subchapter does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored when the storage period is two years or less. (c) This subchapter does not apply to sewage sludge that remains on the land for longer than two years but less than five years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sludge unit or surface disposal site. The demonstration shall include the following information, which shall be reviewed and approved by the executive director and retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land: (1) the name and address of the person who prepared the sewage sludge; (2) the name and address of the person who either owns the land or leases the land; (3) the location of the land, by latitude and longitude, street address if available, and boundary shown on a 7 1/2 minute quadrangle United States Geological Survey map; (4) an explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal; (5) the date by which the sewage sludge will be used or disposed of. This date must clearly maintain a storage period less than five years. sec.312.62. General Requirements. (a) No person shall place sewage sludge on an active sludge unit unless the requirements in this subchapter are met. (b) An active sludge unit located within 60 meters of a fault that has displacement in Holocene time, located in an unstable area, or located in a wetland, except as provided in a permit issued pursuant to the Clean Water Act, sec.402 or sec.404, shall close prior to one year from the effective date of this regulation. (c) The owner/operator of an active sludge unit shall submit a written "closure and post closure plan" to the executive director 180 days prior to the date that the active sludge unit closes. The plan shall describe how the sludge unit will be closed and, at a minimum, shall include: (1) a discussion of how the leachate collection system will be operated and maintained for three years after the sludge unit closes if the sludge unit has a liner and leachate collection system; (2) a description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in sec.312.64(j) of this title (relating to Management Practices); (3) a discussion of how public access to the surface disposal site will be restricted for three years after the last sludge unit in the surface disposal site closes. (d) Deed Recordation Notification. (1) No person shall place sewage sludge on an active sludge unit prior to recording, in the deed records of the county or counties in which the disposal takes place, the following information: (A) a metes and bounds description of the portion(s) of the tract of land on which disposal of sewage sludge will take place; (B) a detailed description of the sewage sludge which is to be disposed of; (C) all pertinent information related to the permit to dispose of sewage sludge, including at least the permit number and issuing agency; and (D) the name and permanent address of the person or persons operating the facility where more specific information on the waste can be secured. (2) Proof of recordation shall be provided to the executive director before the commission issues a permit. sec.312.63. Metal Limits (Other Than Domestic Septage). (a) Except as provided in subsection (b) of this section, the concentration for each metal listed in Table 6 in sewage sludge placed on an active sludge unit that does not have a liner and leachate collection system shall be equal to or less than concentration for the metal in Table 6. [graphic] (b) The concentration of each metal listed in Table 6 of subsection (a) of this section (relating to Metal Limits) in sewage sludge placed on an active sludge unit whose boundary is less than 150 meters from the property line of the surface disposal site shall not exceed the concentration determined using the following procedure. (1) The shortest actual distance from the active sludge unit boundary to the property line of the surface disposal site shall be determined. (2) The concentration of each metal listed in Table 7 in the sewage sludge shall not exceed the concentration in Table 7 that corresponds to the actual distance as described in paragraph (1) of this subsection. [graphic] sec.312.64. Management Practices. (a) Sewage sludge shall not be placed on an active sludge unit if it is likely to adversely affect a threatened or endangered species listed under the Endangered Species Act, sec.4, or its designated critical habitat. (b) An active sludge unit shall not restrict the flow of the 100-year flood nor be located within the 100-year floodway. (c) When a surface disposal site is located in a seismic impact zone, each sludge unit in that site shall be designed to withstand the maximum recorded horizontal ground-level acceleration. (d) An active sludge unit shall be located 60 meters or more from a fault that has displacement in Holocene time, unless otherwise approved by the commission. (e) An active sludge unit shall not be located in an unstable area. (f) An active sludge unit shall not be located in a wetland except as provided in permit issued pursuant to the Clean Water Act, sec.402 or sec.404. (g) Runoff from an active sludge unit shall be collected and disposed in accordance with discharge permit requirements and any other applicable requirements. The runoff collection system for an active sludge unit shall have the capacity to handle runoff from the 25-year storm. (h) The leachate collection system for an active sludge unit that has a liner and leachate collection system shall be operated and maintained during the period the sludge unit is active and for three years after the sludge unit closes. (i) Leachate from an active sludge unit that has a liner and leachate collection system shall be collected and disposed in accordance with the applicable requirements during the period the sludge unit is active and for three years after the sludge unit closes. (j) When a cover is placed on an active sewage sludge unit, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25% of the lower explosive limit for methane gas during the period that the sewage sludge unit is active, and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas during the period that the sludge unit is active. When a final cover is placed on a sludge unit at closure, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25% of the lower explosive limit for methane gas for three years after the sludge unit closes and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas for three years after the sludge unit closes. (k) A food crop, a feed crop, or a fiber crop shall not be grown on an active sludge unit, unless the owner/operator of the surface disposal site demonstrates to the commission that through additional management practices, public health and the environment are protected from any reasonably anticipated adverse effects of metals in sewage sludge when crops are grown. (l) Animals shall not be grazed on an active sludge unit, unless the owner/operator of the surface disposal site demonstrates to the commission that through additional management practices, public health and the environment are protected from any reasonably anticipated adverse effects of metals in sewage sludge when animals are grazed. (m) Public access to a surface disposal site shall be restricted during the period that the surface disposal site contains an active sludge unit and for a period of three years after the last active sludge unit in the surface disposal site closes. The means of restricting access to a surface disposal site shall be effective with consideration of the location of the site and adjacent land use(s). (1) The permit application shall include an explanation of the means for restricting access to a surface disposal site. (2) The executive director shall include, as a condition of the proposed permit, specific requirements for the means of restricting access to a surface disposal site. (n) Sewage sludge placed on an active sludge unit shall not contaminate an aquifer. Results of a groundwater monitoring program developed by a qualified groundwater scientist or a certification by a qualified groundwater scientist shall be used to demonstrate that sewage sludge placed on an active sludge unit does not contaminate an aquifer. sec.312.65. Operational Standards -Pathogen and Vector Attraction. (a) Pathogen reduction-Sewage sludge (other than domestic septage). The Class A pathogen reduction requirements in sec.312.82(a) of this title (relating to Sewage sludge-Class A) or the Class B pathogen reduction requirements in sec.312.82(b)(1)(A) and (B) of this title (relating to Sewage sludge-Class B) shall be met when sewage sludge is placed on an active sludge unit, unless the vector attraction reduction requirements in sec.312.83(b)(11) of this title (relating to Compliance alternatives) are met for below grade monofill. (b) Pathogen reduction-Domestic septage. The pathogen reduction requirement in sec.312.82(c)(2) of this title (relating to Domestic Septage) shall be met when domestic septage is placed on an active sludge unit. (c) Vector attraction reduction-Sewage sludge (other than domestic septage). One of the alternatives for vector attraction reduction in sec.312. 83(b)(1)- (11) of this title (relating to Compliance alternatives) shall be met when sewage sludge is placed on an active sludge unit. (d) Vector attraction reduction-Domestic septage The vector attraction reduction requirement in sec.312.83(b)(12) of this title (relating to Compliance alternatives) shall be met when domestic septage is placed on an active sludge unit. sec.312.66. Frequency of Monitoring. (a) Sewage sludge other than domestic septage. (1) When required by this subchapter, the frequency of monitoring for the metals in Table 6 and Table 7 of sec.312.63(a) and (b) of this title (relating to Metal Limits), the pathogen density requirements in sec.312.82(a) of this title (relating to Sewage sludge-Class A) and in sec.312.82(b) of this title (relating to Sewage sludge-Class B), and the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title (relating to Compliance alternatives), for sewage sludge placed on an active sludge unit shall be the frequency in Table 8. [graphic] (2) The commission may increase or decrease the frequency of monitoring required in paragraph (1) of this subsection after the sewage sludge is monitored for two years at the frequency in Table 8. The increase in frequency of monitoring should only increase to the next highest frequency for each two- year period and then may be lowered in the same manner. In no case shall the frequency of monitoring be less than the frequency required in Table 8 if sewage sludge is placed on an active sludge unit. (b) If the vector attraction reduction requirements in sec.312.83(b)(12) of this title (relating to Compliance alternatives) are met when domestic septage is placed on an active sewage sludge unit, each individual container of domestic septage shall be monitored for compliance with those requirements. (c) Air in structures within a surface disposal site and at the property line of the surface disposal site shall be monitored continuously for methane gas during the period the surface disposal site contains an active sludge unit on which the sewage sludge is covered, and for three years after a sludge unit closes if a final cover is placed on the sewage sludge. sec.312.67. Record Keeping. (a) When sewage sludge (other than domestic septage) is placed on an active sludge unit. (1) The person who prepares the sewage sludge shall develop the following information and shall retain the information for five years. (A) The concentration of each metal listed in Table 6 of sec.312.63(a) of this title (relating to Metal Limits) in the sewage sludge when the metal concentrations in Table 6 are met. (B) The following certification statement: "I certify, under penalty of law, that the management practices in 31 Texas Administrative Code sec.312.64; the pathogen requirements in (insert the citation to the specific pathogen reduction requirements that are met from sec.312.82 of this title (relating to Pathogen Reduction)) and the vector attraction reduction requirements in (insert the citation to the specific vector attraction reduction requirements that are met from sec.312.83(b) of this title (relating to Vector Attraction Reduction) when one of those requirements is met) have been met. This determination has been made under my direction and supervision in accordance with the system designed to assure that qualified personnel properly gather and evaluate the information used to determine that the (specific requirements for pathogen and vector attraction reduction (when appropriate)) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (C) A description of how the pathogen reduction requirements in sec.312.82(a) of this title (relating to Pathogen Reduction) are met when any of those requirements are met. (D) A description of how one of the vector attraction reduction requirements in sec.312.83(b) of this title (relating to Vector Attraction Reduction) are met when required. (2) The owner/operator of the surface disposal site shall develop the following information and shall retain that information for five years. (A) The concentration of each metal listed in Table 7 of sec.312.63(b) of this title (relating to Metal Limits) in the sewage sludge when the metal concentrations in Table 7 are met. (B) The following certification statement: "I certify, under penalty of law, that the management practices in 31 Texas Administrative Code sec.312.64 and the vector attraction reduction requirements in (insert the citation to the specific requirements that are met from sec.312.83(b) of this title (relating to Vector Attraction Reduction)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices (and specific requirements for vector attraction reduction (when appropriate)) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (C) A description of how the management practices in sec.312.64 of this title (relating to Management Practices) are met. (D) A description of how one of the vector attraction reduction requirements in sec.312.83 of this title (relating to Vector Attraction Reduction) are met when required. (b) When domestic septage is placed on an active sludge unit. (1) When the vector attraction reduction requirements in sec.312.83(b)(12) of this title (relating to Vector Attraction Reduction) are met, the person who places the domestic septage on the surface disposal site shall develop the following information and shall retain the information for five years: (A) the following certification statement: "I certify, under penalty of law, that the vector attraction reduction requirements in 31 Texas Administrative Code sec.312.83(b)(12) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." ; (B) a description of how the vector attraction reduction requirements in sec.312.83(b)(12) of this title (relating to Vector Attraction Reduction) are met. (2) The owner/operator of the surface disposal site shall develop the following information and shall retain that information for five years: (A) the following certification statement: "I certify, under penalty of law, that the management practices in 31 Texas Administrative Code, sec.312.64 and the vector attraction reduction requirements in (insert the citation to the specific vector attraction reduction requirements that are met from sec.312.83 of this title (relating to Vector Attraction Reduction)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices (and vector attraction reduction requirements (when appropriate)) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; (B) a description of how the management practices in sec.312.64 of this title (relating to Management Practices) are met; (C) a description of how one of the vector attraction reduction requirements in sec.312.83 of this title (relating to Vector Attraction Reduction) are met when required. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326507 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 Subchapter D. Pathogen and Vector Attraction Reduction 31 TAC sec.sec.312.81-312.83 The new sections are adopted under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the sections are adopted pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.011 and sec.361.024, which provides the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.82. Pathogen Reduction. (a) Sewage sludge-Class A. (1) Compliance requirements-Class A. (A) For a sewage sludge to be classified as Class A with respect to pathogens, the requirements in subparagraphs (C) and (D) of this paragraph and the requirements of one of the alternatives listed in paragraph (2) of this subsection shall be met. (B) Prior to March 1, 1994, one of the alternatives listed in paragraph (3) of this subsection may be used in lieu of the alternatives listed in paragraph (2) of this subsection. (C) The requirements of the chosen alternative for pathogen reduction from paragraph (2) or (3) of this subsection shall be met prior to or at the same time as the vector attraction reduction requirements, except the requirements in paragraphs sec.312.83(b)(6)-(8) of this title (relating to Vector Attraction Reduction). (D) Either the density of fecal coliform in the sewage sludge shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis) or the density of Salmonella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed of, at the time the sewage sludge is prepared for sale or giveaway in a bag or other container for application to the land, or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in sec.312.41(b), (c), (e), or (f) of this title (relating to Applicability). (2) Compliance alternatives-Class A. (A) Alternative 1-The temperature of the sewage sludge shall be maintained at a specified value for a period of time. (i) When the percent solids of the sewage sludge is 7.0% or higher, the temperature of the sewage sludge shall be 50 degrees Celsius or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall satisfy equation (2), except when small particles of sewage sludge are heated by either warmed gases or an immiscible liquid. [graphic] (ii) When the percent solids of the sewage sludge is 7.0% or higher and small particles of sewage sludge are heated by either warmed gases or an immiscible liquid, the temperature of the sewage sludge shall be 50 degrees Celsius or higher, the time period shall be 15 seconds or longer, and the temperature and time period shall satisfy equation (2). (iii) When the percent solids of the sewage sludge is less than 7.0% and the time period is less than 30 minutes, the time period shall be at least 15 seconds and the temperature and time period shall satisfy equation (2). (iv) When the percent solids of the sewage sludge is less than 7. 0% and the time period is 30 minutes or longer, the temperature of the sewage sludge shall be 50 degrees Celsius or higher and the temperature and time period shall satisfy equation (3). [graphic] (B) Alternative 2-The temperature and pH of the sewage sludge that is used or disposed of shall be maintained at specific values for periods of time. (i) The pH of the sewage sludge shall be raised to above 12 and shall remain above 12 for 72 hours. (ii) The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12. (iii) At the end of the 72-hour period during which the pH of the sewage sludge is greater than 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50%. (C) Alternative 3-The sewage sludge that is used or disposed of shall be analyzed prior to pathogen reduction to determine whether the sewage sludge contains enteric viruses and viable helminth ova. (i) When the density of enteric viruses in the sewage sludge prior to pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses until the next monitoring episode for the sewage sludge. (ii) When the density of enteric viruses in the sewage sludge prior to pathogen treatment is equal to or greater than one Plaque-forming Unit per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses when the density of enteric viruses in the sewage sludge after pathogen treatment is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the enteric virus density requirement are documented. (iii) After the enteric virus reduction in clause (ii) of this subparagraph is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in clause (ii) of this subparagraph. (iv) When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova until the next monitoring episode for the sewage sludge. (v) When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is equal to or greater than one per four grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova when the density of viable helminth ova in the sewage sludge after pathogen treatment is less than one per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the viable helminth ova density requirement are documented. (vi) After the viable helminth ova reduction in clause (v) of this subparagraph is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in clause (v) of this subparagraph. (D) Alternative 4-The sewage sludge that is used or disposed of shall be analyzed prior to pathogen reduction to determine whether the sewage sludge contains enteric viruses and viable helminth ova. (i) The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed of, at the time the sewage sludge is prepared for sale or giveaway in a bag or other container for application to the land, or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in sec.312.41(b), (c), (e), or (f) of this title (relating to Applicability). (ii) The density of viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed of, at the time the sewage sludge is prepared for sale or given away in a bag or other container for application to the land, or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in sec.312.41(b), (c), (e), or (f) of this title (relating to Applicability). (3) Interim compliance alternatives-Class A. (A) Alternative 5-Sewage sludge that is used or disposed of shall be treated in one of the Processes to Further Reduce Pathogens described in 40 Code of Federal Regulations, Part 503, Appendix B. (B) Alternative 6-Sewage sludge that is used or disposed of shall be treated in a process that has been approved by the executive director as being equivalent to those in subparagraph (A) of this paragraph. (b) Sewage sludge-Class B. (1) Compliance requirements-Class B. (A) For a sewage sludge to be classified as Class B with respect to pathogens, the requirements in subparagraphs (C) and (D) of this paragraph shall be met. (B) Prior to March 1, 1994, one of the alternatives listed in paragraph (2) of this subsection may be used in lieu of the requirements in subparagraph (D) of this paragraph. (C) The site restrictions in paragraph (3) of this subsection shall be met when sewage sludge that is classified as Class B with respect to pathogens is applied to the land for beneficial use. (D) A minimum of seven samples of the sewage sludge shall be collected at the time the sewage sludge is used or disposed of during each monitoring episode for the sewage sludge. The geometric mean of the density of fecal coliform for the samples collected shall be less than either 2,000,000 Most Probable Number per gram of total solids (dry weight basis) or 2,000,000 Colony forming Units per gram of total solids (dry weight basis). (2) Interim compliance alternatives-Class B. (A) Alternative 1-Sewage sludge that is used or disposed of shall be treated in one of the Processes to Significantly Reduce Pathogens described in 40 Code of Federal Regulations, Part 503, Appendix B. (B) Alternative 2-Sewage sludge that is used or disposed of shall be treated in a process that has been approved by the executive director as equivalent to those in subparagraph (A) of this paragraph. (3) Site restrictions. (A) Food crops with harvested parts totally above the land surface that touch the sewage sludge/soil mixture shall not be harvested from the land for at least 14 months after the application of sewage sludge. (B) Food crops with harvested parts below the surface of the land shall not be harvested from the land for at least 20 months after application of sewage sludge when the sewage sludge remains on the land surface for four months or longer prior to incorporation into the soil. (C) Food crops with harvested parts below the surface of the land shall not be harvested for at least 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than four months prior to the incorporation into the soil. (D) Feed crops and fiber crops shall not be harvested for at least 30 days after application of sewage sludge. (E) Animals shall not be allowed to graze on the land for at least 30 days after application of sewage sludge. (F) Turf grown on land where sewage sludge is applied shall not be harvested for at least one year after application of sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn. (G) Public access to land with a high potential for public exposure shall be restricted for at least one year after application of sewage sludge. (H) Public access to land with a low potential for public exposure shall be restricted for at least 30 days after application of the sewage sludge. (c) Domestic septage. (1) The site restrictions in paragraph (b)(3) of this section shall be met if domestic septage is applied to the land. (2) The pH of domestic septage applied to land shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for a period of 30 minutes. sec.312.83. Vector Attraction Reduction. (a) Compliance requirements. (1) One of the vector attraction reduction requirements in subsection (b)(1)- (10) of this section shall be met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site. (2) One of the vector attraction reduction requirements in subsection (b)(1)- (8) of this section shall be met when bulk sewage sludge is applied to a lawn, home garden, or is sold or given away in a bag or other container. (3) One of the vector attraction reduction requirements in subsection (b)(1)- (11) of this section shall be met when sewage sludge (other than domestic septage) is placed on an active sewage sludge unit. (4) One of the vector attraction reduction requirements in subsection (b)(9), (10), or (12) of this section shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site. (5) One of the vector attraction reduction requirements in subsection (b)(9)- (12) of this section shall be met when domestic septage is placed on an active sewage sludge unit. (b) Compliance alternatives. (1) The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38%. (2) If an anaerobically digested sewage sludge can not meet the 38% volatile solids reduction requirement in paragraph (1) of this subsection, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in a laboratory in a bench-scale unit for 40 additional days at 30 degrees Celsius or higher. If at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period are reduced by less than 17%, vector attraction reduction is achieved. (3) If an aerobically digested sewage sludge can not meet the 38% volatile solids reduction requirement in paragraph (1) of this subsection, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of 2.0% or less aerobically in a laboratory in a bench-scale unit for 30 additional days at a temperature between 20 degrees and 22 degrees Celsius. If at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period are reduced by less than 15%, vector attraction reduction is achieved. (4) The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius. (5) Sewage sludge shall be treated in an aerobic process for 14 days or longer during which time the temperature of the sewage sludge shall be greater than 40 degrees Celsius. The average temperature of sewage sludge during the 14- day or longer period shall be greater than 45 degrees Celsius, but less than 60 degrees Celsius. (6) The pH of sewage sludge shall be raised to 12, at a minimum, by alkali addition. Without the addition of more alkali, the pH of the sewage sludge shall remain at 12, at a minimum, for two hours and then remain at 11.5 at a minimum, for an additional 22 hours. (7) The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75% based on the moisture content and total solids prior to mixing with other materials. (8) The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90% based on the moisture content and total solids prior to mixing with other materials. (9) Sewage sludge shall be injected below the surface of the land. No significant amount of the sewage sludge shall be present on the land surface within one hour after the sewage sludge is injected. If the sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, as described in sec.312.82 of this title (relating to Pathogen Reduction), the sewage sludge shall be injected below the land surface within eight hours after the sewage sludge is discharged from the pathogen reduction process. (10) Sewage sludge applied to the land surface shall be incorporated into the soil within six hours after application to the land. (11) Sewage sludge placed on an active sewage sludge unit shall be covered with soil or other material at the end of each operating day. (12) The pH of domestic septage shall be raised to 12, at a minimum, by alkali addition and, without the addition of more alkali, shall remain at 12, at a minimum for a period of 30 minutes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326508 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 Subchapter E. Guidelines and Standards for Sludge Incineration 31 TAC sec.312.101 The new section is adopted under the Texas Water Code (Vernon 1992), sec.5. 103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, this section is adopted pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.011 and sec.361.024, which provides the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326509 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 Chapter 317. Design Criteria for Sewerage Systems 31 TAC sec.317.14 The Texas Water Commission (TWC) adopts the repeal of sec.317.14, concerning the disposal of sludges at the plant site, without changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2391). Section 317.14 is being replaced by new sec.sec.312. 1-312.13, 312.41-312.49, 312.61-312.68, 312.81-312.83, and 312.101, concerning sewage sludge use and disposal. Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights, and obligations of the Texas Department of Health (TDH) pertaining to the treatment, handling, storage, and disposal of solid waste to the TWC effective March 1, 1992. All rules pertaining to municipal solid waste, except procedural rules, were administratively transferred from Title 25, Part 1, Texas Department of Health, to Title 31, Part IX, Texas Water Commission, in the March 3, 1992, issue of the Texas Register (17 TexReg 1649). Rules relating to the management of sludges and similar wastes, formerly codified as 25 TAC sec.sec.325.411-325.534, were included in the administrative transfer of rules to the TWC through recodification as 31 TAC sec.sec.330.411-330.534. The new sections concerning sewage sludge use and disposal are proposed by TWC in order to establish standards for the final use or disposal of sewage sludge, water treatment sludge, and domestic septage sludge applied to land or placed on a surface disposal site, and to establish standards for sewage sludge fired in a sewage sludge incinerator. These standards include general requirements, pollutant limits, management practices and operational standards. The new sections also establish the basis for requiring either a permit or a registration for the final use or disposal of sewage sludge. The TWC has assessed the rules adopted by the TDH concerning management of sludges and similar wastes which were administratively transferred to the TWC, and has determined that revisions of these rules are necessary in order to effectively administer, manage, and implement the program regulating the final use and disposal of sewage sludge in the State of Texas. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, the section repealed is adopted pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.011 and sec.361.024, which provides the TWC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 29, 1993. TRD-9326512 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 19, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part IV. Texas Commission for the Blind Chapter 163. Vocational Rehabilitation Program 40 TAC sec.163.32 The Texas Commission for the Blind adopts new sec.163.32 concerning self- employment services, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3615). The new section is adopted to set forth a structured approach in assisting a consumer toward self-employment through the use of appropriate assessments prior to the agency's being able to determine whether self-employment services are appropriate under vocational rehabilitation guidelines for eligibility. The new section will function as a guide to applicants or clients who are interested in a vocational goal of self-employment and contains the assessments that the agency will accept to determine services, which includes a business plan, cost estimates for start-up, and projected 12-month operating costs. The section also indicates how the profits from a business will be used to reduce payments for services provided through governmental entitlement programs. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, Title 5, and the Rehabilitation Act of 1973, as amended, which provide the Texas Commission for the Blind with the authority to adopt rules and to take actions that are necessary or appropriate to carry out commission purposes and to administer the vocational rehabilitation program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 28, 1993. TRD-9326645 Pat D. Westbrook Executive Director Texas Commission for the Blind Effective date: August 20, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 459-2600