PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Imported Fire Ant Quarantine 4 TAC sec.5.400 The Texas Department of Agriculture (the department) proposes an amendment to sec.5.400, concerning quarantined areas. The amendment is being proposed to stop the movement of Red Imported Fire Ants out of currently infested areas of the state and adds Brooks, Cameron, Delta, Dimmit, Duval, Jack, Kenedy, Kinney, Lamar, Mason, McCulloch, Montague, San Saba, Webb, Young, and Zavala counties to the list of quarantined areas. Danny Johnson, coordinator, quarantine programs, has determined that for the first five-year period the rule is in effect there will be an estimated $10,575 annual increased cost to state government due to: the costs of inspecting materials suspected to be contaminated with fire ants moving from newly quarantined counties into nonquarantined areas; and the costs of conducting training for landowners regarding fire ant quarantine, biology, and habitat. There will be no fiscal implications for local government as a result of enforcing or administering the rule. Mr. Johnson also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to slow the introduction of imported fire ants into areas of Texas that are currently not infested. The effect on small businesses and to persons who are required to comply with the rule as proposed will be the additional cost of chemically treating regulated articles shipped to nonquarantined areas. Comments on the proposal may be submitted to Danny Johnson, Coordinator, Quarantine Programs, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register. The amendment is proposed under the Texas Agriculture Code, sec.71.002, which provides the Texas Department of Agriculture with the authority to establish quarantines against diseases and pests found within the state; and sec.71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests. The Texas Agriculture Code, Chapter 71, is affected by the proposed amendment. sec.5.400. Quarantined Areas. (a) (No change.) (b) In addition to the areas described in subsection (a) of this section, Brooks
    , Brown, Cameron, Delta, Dimmit, Duval
      , Jack, Jones, Kenedy
        , Kimble, Kinney, Lamar
          , La Salle, Mason
            , Maverick, McCulloch
              , Midland, Montague
                , Palo Pinto, San Saba
                  , Stephens, [and] Val Verde, Webb, Young, and Zavala
                    counties are quarantined areas. (c) In addition to the areas described in subsections (a) and (b) of this section, the following parts of Ector County
                      [and Montague counties] are quarantined areas: (1) Ector County-that part of the county beginning at the intersection of U. S. Interstate Highway 20 and State Highway 302 in the southwest corner, then northerly along State Highway 302 until the intersection of State Highway 302 and West Loop 338, then continuing north on West Loop 338 to East Loop 338, then continuing southeasterly and south along East Loop 338, to the intersection of U.S. Interstate Highway 20 on the southeast corner, then proceeding westerly along U.S. Interstate Highway 20 to the intersection of State Highway 302 and U.S. Interstate Highway 20.
                        [; and] [(2) Montague County-that part of the county that is south of State Highway 82.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 27, 1995. TRD-9505104 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 463-7583 Part II. Texas Animal Health Commission Chapter 43. Tuberculosis Subchapter C. Eradication of Tuberculosis in Cervidae 4 TAC sec.sec.43.20-43.23 The Texas Animal Health Commission proposes new sections to Chapter 43, concerning Tuberculosis, by adding a new subsection dealing with Cervidae, entitled C. Eradication of Tuberculosis in Cervidae, which includes sec.43.20, concerning Definitions, sec.43.21, concerning General Requirements, sec.43.22, concerning Herd Status Plans for Cervidae, and sec.43.23, concerning Requirements for Entry into Texas. The new sections are necessary to provide a Texas program for TB eradication in Cervidae. Section 43.20 provides new definitions; sec.43.21 offers general requirements in testing and classification procedures and provides guidelines for dealing with animals responding to tests including the issuance and release of quarantines; s43.22 outlines plans to establish cervidae herds as accredited, monitored as qualified; and sec.43.23 lists requirements for cervidae to meet when entering Texas. Victor Gonzalez, Assistant Executive Director for Support Services, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Robert L. Daniel, Director of Program Records, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections is to provide a Texas program to eradicate TB in Cervidae. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the sections as proposed will be the cost of testing stock entering the state, or changing ownership within and, if desired, testing stock to attain a disease free herd status. Comments on the proposal may be submitted to Melissa Nitsche, Executive Secretary, Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711- 2966. The new sections are proposed under the Texas Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the Commission with the authority to adopt rules and sets forth the duty of this commission to control disease. The amendments implement the Texas Agriculture Code, sec. 161.041, which authorizes the Commission to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, or domestic animals. sec.43.20. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Accredited Herd -A herd that has passed at least three consecutive official tuberculosis tests of all eligible animals conducted at 10-14 month intervals, has no evidence of bovine tuberculosis, and meets the requirements of the UM&R. Affected Herd-A herd that contains or has recently contained one or more animals infected with Mycobacterium bovis and has not passed the required tests for release from quarantine. Approved Laboratory -A State/Federal Veterinary Diagnostic laboratory. The primary laboratory for tuberculosis histopathology and bacteriology culture shall be the National Veterinary Services Laboratory, Ames, Iowa. Food Safety Inspection Service, Field Service Laboratories, may be utilized for histopathology. Blood Tuberculosis Test (BTB)-The BTB test is a supplemental test for bovine tuberculosis in Cervidae. The BTB test may be used, at no expense to the Commission, as a supplemental test to establish the disease status of a herd or to retest suspects. Samples for this test shall only be collected by State, Federal, or accredited veterinarians. Cervidae-All species of deer, elk, and moose raised under agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition. Commission-The Texas Animal Health Commission. Comparative Cervical Tuberculin (CCT) Test-The intradermal injection of biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the mid-cervical area to determine the probable presence of bovine tuberculosis (Mycobacterium bovis) by comparing the response of the two tuberculins 72 hours (plus or minus six hours) following injection. This test may be used for retesting suspects and shall be administered only by an approved State or Federal veterinarian. Designated Accredited Veterinarian-An accredited veterinarian trained and approved to conduct the Single Cervical Test for tuberculosis on Cervids. Direct shipment to slaughter-The shipment of tuberculosis reactors and suspects and tuberculosis-exposed cervids from the premises of origin, by permit, directly to a slaughtering establishment operating under state or federal inspection, without diversion to assembly points of any type. Herd-A group of cervids and other hoof stock maintained on common ground or two or more groups of cervids and other hoof stock under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status (A group is construed to mean one or more animals). Monitored Herd -A herd raised under range conditions on which identification records are maintained on animals over one year of age slaughtered and inspected for tuberculosis at an approved State/Federal slaughter facility or an approved laboratory. A monitored herd must identify these animals at slaughter, evenly distributed over a three-year period, at a rate to detect infection at a 2.0% prevalence level with 95% confidence. This rate would require a maximum number of 148 animals (See Appendix 1).
                          Figure 1: 4 TAC sec.43.20 Negative animals -Cervids that show no response to a tuberculosis test and have been classified negative by the testing veterinarian based upon history, supplemental tests, examination of carcasses or laboratory results. No Gross Lesion (NGL) Animals-Cervids that do not reveal a lesion(s) of bovine tuberculosis upon necropsy. Official Eartag -An identification eartag that provides unique identification for each individual animal by conforming to the alpha-numeric National Uniform Eartagging System. Official Tuberculosis Test-A test for bovine tuberculosis applied and reported by approved personnel. The official tests for cervidae are the single cervical test, the comparative cervical test, and the blood tuberculosis test. Permit-An official document issued by a representative of the Commission, USDA APHIS-VS, or an accredited veterinarian that is required to accompany reactor, suspect or exposed cervids to slaughter. The permit will list the reactor tag number or official eartag number in the case of suspect and exposed cervids; the owner's name and address; origin and destination; number of cervids included; and the purpose of the movement. If a change in destination becomes necessary, a new permit must be issued by authorized personnel. No diversion from the destination of the permit is allowed. Qualified herd -A cervid herd that has undergone at least one complete official negative test of all eligible animals within the past 12 months and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of the UM&R's. Reactor-Any cervid that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian. Single Cervical Tuberculin Test (SCT)-The intradermal injection of 0.1 mL (5,000 tuberculin units) of USDA PPD Bovis tuberculin in the mid-cervical region with reading by visual observation and palpation in 72 hours (plus or minus six hours) following injection. This test shall be administered only by a State, Federal, or designated accredited veterinarian. Suspect-Any cervid that shows a response to the single cervical tuberculin test and is not classified a reactor, or is classified suspect by a supplemental tuberculosis test. Tuberculin-A product that is approved by and produced under USDA license for the intradermal injection of cervids for the purpose of detecting bovine tuberculosis. Tuberculosis-A disease in Cervidae caused by Mycobacterium bovis (M. bovis). sec.43.21. General Requirements. (a) Testing. All cervidae six months of age and older that are changing ownership in Texas shall be tested negative to a tuberculosis test within 90 days prior to sale unless: (1) they originate from an Accredited Free Herd, or a Qualified Herd; or (2) they are consigned to a slaughter establishment. (b) Reporting of Tests. All cervidae tested shall be individually identified by an official eartag at the time of an official test. A report of all tuberculosis tests-including the identification of each animal by eartag number, age, sex, and breed-and a record of the size of the response, where indicated, and test interpretation shall be submitted in accordance with the requirements of the cooperating State and Federal officials. (c) Classification of Cervidae Tested. (1) Single cervical tuberculin test. (A) Herds of unknown status. All responses shall be recorded and the animals classified as suspects and quarantined for retest with the CCT or BTB, unless in the judgment of the testing veterinarian the reactor classification is indicated. (B) Known infected herds. All responses shall be recorded and the animals classified as reactors. (2) Comparative cervical test-All responses are to be measured to the nearest 0.5mm. (A) Animals having a response to bovine PPD of less than 1mm should be classified negative. (B) Animals having a response to bovine PPD from 1mm through 2mm, that is equal to or greater than the avian PPD response shall be classified as suspects. (C) Animals having a response to bovine PPD greater than 2.0mm but equal to the avian response shall be classified as suspects, except when in the judgment of the testing veterinarian the reactor classification is indicated. (D) Animals meeting the criteria for suspect classification on two successive CCT's shall be classified as reactors. (E) Animals having a response to bovine PPD which is greater than 2.0mm and is 0.5mm greater than the avian PPD response shall be classified as reactors. (3) Suspect cervids may be retested by either the CCT or the BTB. The CCT may be applied within ten days following the SCT injection or after 90 days. If the CCT is applied within ten days of the SCT, the opposite side of the neck shall be used. The sample for the BTB shall be taken 13-30 days after the SCT injection. Animals positive to the CCT or the BTB shall be classified as reactors. (4) Suspects may be necropsied in lieu of retesting, and, if found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), shall be considered negative for tuberculosis. (d) Disposition of Tuberculin-Responding Cervidae. (1) Reactors shall remain on the premises where they were disclosed until a State or Federal permit for movement has been obtained. Movement for immediate slaughter will be within 15 days of classification directly to a slaughter establishment where approved State or Federal inspection is maintained. Alternatively, the animals may be destroyed and necropsy conducted by or under the supervision of a State or Federal regulatory veterinarian that has been trained in tuberculosis necropsy procedures. (2) Herds containing suspects to the SCT shall be quarantined until the suspect animals are: (A) retested by the CCT within ten days of the SCT injection; or (B) retested by the CCT after 90 days; or (C) retested by the BTB test between 13 and 30 days after the SCT injection; or (D) shipped under permit directly to a slaughter facility under State or Federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis. (3) Suspects to the comparative cervical test or equivocal to the BTB shall remain under quarantine until: (A) comparative cervical suspects are retested by the CCT after 90 days; or (B) BTB equivocal are retested by the BTB test after 30 and before 60 days following the SCT injection; or (C) such animals are shipped under permit directly to a slaughter facility under State or Federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis. (4) An animal meeting the suspect criteria on two successive CCT or BTB will be classified as a reactor and be identified as such. The testing veterinarian must justify exceptions in writing and have the concurrence of State or Federal animal health personnel. (e) Identification of Reactors. Reactor cervids shall be identified by branding with the letter "T" on the left jaw, not less than two inches nor more than three inches high, and by tagging with an official eartag bearing a serial number and inscription "U.S. Reactor" attached to the left ear of each reactor animal. (f) Quarantine procedures. (1) All herds in which reactor animals are disclosed shall be quarantined. Exposed animals must remain on the premises where disclosed unless a State or Federal permit for movement to slaughter has been obtained. Movement for immediate slaughter must be directly to a slaughter establishment where approved State or Federal inspection is administered. Animals must be identified by official eartag. Use of "S" brand is required, or animals must be shipped in a official sealed vehicle. The "S" brand shall be applied to either the left jaw or the tailhead. (2) Cervidae herds in which M. bovis is confirmed shall remain under quarantine if not depopulated, and must pass three consecutive official tuberculosis tests of all animals. The first test must be conducted 90 days or more after the last test yielding a positive animal, with two additional tests at 180-day minimum intervals. Five annual complete herd tests of all animals shall be given following the release from quarantine. (3) Cervidae herds that have had a test of all eligible animals with NGL reactors only and no evidence of tuberculosis infection is found by histopathology and culture of M. bovis (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), may be released without further restrictions. (4) Cervidae herds in which compatible or suggestive lesions are found by histopathology without the isolation of M. bovis, may be released from quarantine following a negative 90-day retest of the entire herd, provided there is no known association with M. bovis. (5) Cervidae herds that exhibit NGL reactors in which no evidence of tuberculosis infection is found by histopathology and culture of M. bovis and are unable to conduct a test of all eligible animals, shall be evaluated by the State and/or regional tuberculosis epidemiologist for possible release of quarantine. (g) Procedures in Affected Herds. Disclosure of tuberculosis in any herd shall be followed by a complete epidemiological investigation. All cervids in herds from which tuberculosis animals originate, and all cervids that are known to have associated with affected cervids or other affected animals, shall be tested promptly. These procedures shall apply to adjacent and contact herds as well as to the evaluation and testing of possible source herds for the affected herd. Herds that have received exposed animals shall be tested following the slaughter or testing of the exposed animals. Every effort shall be made to ensure the immediate elimination of the disease from all species of animals on the premises. The herd shall be handled as outlined under subsection (e), Quarantine Procedures. (h) Retest Schedules for High-Risk Herds. (1) In herds with a history of lesions compatible or suggestive for tuberculosis by histopathology, two complete annual herd tests shall be given after release from quarantine. Herds with a bacteriologic isolation of a Mycrobacteria species other than M. bovis should be considered negative for bovine tuberculosis with no further testing requirements. (2) In a newly assembled herd on premises where a tuberculosis herd has been depopulated, two annual herd tests shall be applied to all animals. The first test must be approximately six months after assembly of the new herd. If the premises are vacated for over one year, these requirements may be waived. (3) Exposed animals previously sold from known infected herds shall be depopulated if possible, or tested with the SCT by State or Federal veterinarians. The BTB test may be used simultaneously with the SCT as an additional diagnostic test. All animals positive to either test shall be classified as reactors. (A) If bovine tuberculosis is confirmed in the exposed animal(s), the remainder of the receiving herd shall be tested with the SCT by State or Federal veterinarians. The BTB test may be used, provided it is used simultaneously with a whole herd SCT. All animals positive to either test shall be classified as reactors. (B) If negative to the test, the exposed animal(s) will subsequently be handled as if a part of the infected herd of origin for purposes of testing, quarantine release, and the five annual high-risk tests. Also, the remainder of the herd shall be retested in one year with the SCT. Supplemental diagnostic tests may be used if needed. (4) Herds indicated as the source(s) of animals in slaughter traceback investigations shall be placed under quarantine within 30 days of notification to the area office, and a herd test scheduled. Testing of source herds of slaughter animals having lesions of tuberculosis shall be done by State or Federal regulatory veterinarians using the SCT. (A) If the herd of origin is positively identified and M. bovis has been confirmed by bacterial isolation from the slaughter animal, all animals responding to the SCT shall be classified as reactors. In all other cases, supplemental diagnostic tests may be used. (B) In herds identified as the source of culture negative lesioned animals, responding animals may be classified as reactors or suspects. If classified as suspects, they may be retested by supplemental diagnostic tests. (i) Cleaning and Disinfection of Premises, Conveyances, and Materials. All premises-including all structures, holding facilities, conveyances, and materials-that are determined by program officials to constitute a health hazard to humans or animals because of tuberculosis, shall be properly cleaned and disinfected. This shall be done within 15 days after the removal of tuberculosis-affected or exposed cervids in accordance with approved procedures. However, these officials may extend the time limit for disinfection to 30 days when a request for such extension is received prior to the expiration date of the original 15-day period allowed. sec.43.22. Herd Status Plans for Cervidae. (a) Accredited Herd Plan. (1) Animals to be tested. Testing of herds for accreditation or reaccreditation shall include all Cervidae and all other hoof stock over six months of age and animals under six months of age that are not natural additions. (2) Qualifying Standards. To meet the requirements for accredited herd status, the herd must pass at least three consecutive official tests for tuberculosis conducted at 10-14 month intervals with no evidence of bovine tuberculosis disclosed. Herds meeting these standards shall be issued a certificate by the Commission. (3) Additions. Herd additions must originate directly from one of the following and have no exposure to cervids from herds of lower status. (A) An Accredited Herd. (B) A Qualified or Monitored Herd. Provided, the individual animals for addition were negative to an official tuberculosis test conducted within 90 days prior to entry and isolated from members of the accredited herd until negative to an official tuberculosis test conducted at least 90 days following entry. (C) A herd not meeting the requirements of subsection (a)(3)(A) or (B) of this section. Individual animals for addition must be isolated from all other members of the herd of origin, and pass two negative official tests for tuberculosis conducted at least 90 days apart, with the second test conducted within 90 days prior to movement to the premises of the accredited herd. The additions must be kept in isolation from members of the accredited herd until negative to an official tuberculosis test conducted at least 90 days following the date of entry. (D) Animals added under subsection (a)(3)(B) and (C) of this section, shall not receive accredited herd status for sale or movement purposes until they are negative on a retest 90 days after entry. (4) Reaccreditation. To qualify for reaccreditation, the herd must pass a test within a period of 22-26 months of the anniversary date. The accreditation period will be 24 months (730 days) from the anniversary date (not 24 months from the date of the reaccreditation test). (b) Monitored Herd Plan. (1) Requirements. Identification records must be maintained on animals over one year of age slaughtered, Inspected, and found negative for tuberculosis at an approved slaughter facility or at an approved diagnostic laboratory. A monitored herd must identify animals at slaughter at a rate to detect infection at a 2.0% prevalence level with 95% confidence evenly distributed over a three- year period. This rate would require a maximum of 148 animals (See Appendix 1 in sec.43.20 relating to Definitions). (2) Maintenance of Monitored Herd Status. For monitored herd status to be renewed, an annual report shall be submitted by the person, firm, or corporation responsible for the management of the herd to the Commission prior to the anniversary date. This report shall give the number of animals currently in the herd and the number of animals over one year of age, identified and slaughtered at a State/Federal approved slaughter facility during the preceding year. The number of slaughter inspections reported in any given year must be at least 25% of the number required to initially qualify a herd of this size for monitored herd status, provided, however, that during each consecutive three-year period, 100% of the initial qualifying total shall be achieved. (3) Additions. Herd additions must originate directly from one of the following. (A) An Accredited Herd. (B) A Qualified or Monitored Herd. Provided, the individual animals for addition were negative to a tuberculosis test conducted within 90 days prior to entry. (C) A Herd not meeting the requirements of subsection (b)(3)(A) or (B) of this section. Individual animals for addition must be isolated from other members of the herd of origin, and pass two negative official tests for tuberculosis, conducted at least 90 days apart, provided that the second test was conducted within 90 days prior to movement to the premises of the monitored herd. The additions must be kept in isolation from all members of the monitored herd until negative to an official tuberculosis test conducted at least 90 days following the date of entry. Animals added under this paragraph shall not receive monitored herd status for sale purposes until they are negative to a retest 90 days after entry. (c) Qualified Herd Plan for Cervidae. (1) Animals to be tested. Testing of herds for qualification shall include all cervidae over six months of age and any animals under six months of age that are not natural additions. All natural additions shall be individually identified by official eartag, and recorded on the test charts as members of the herd at the time of the herd test. (2) Qualifying Standards. To meet the requirements for qualified herd status, the herd must pass one official test for tuberculosis with no evidence of bovine tuberculosis disclosed. The qualified herd status remains in effect for 12 months following the qualifying test. (3) Additions. Herd additions must meet the criteria outlined in subsection (b)(3). (4) Animals added under subsection (b)(3)(C) of this section shall not receive qualified herd status for sale or movement purposes until they are negative to a retest 90 days after entry. sec.43.23. Requirements for Entry into Texas. (a) Cervids that originate from Accredited-free herds may enter without further tuberculosis testing provided they are accompanied by a certificate stating such cervids originated from an Accredited-Free herd. (b) Cervids not known to be affected with or exposed to tuberculosis that originate from Qualified herds may enter if they are accompanied by a certificate stating that such cervids originate from a qualified herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. If the qualifying herd test was administered within 90 days of movement, the animal(s) do not require an additional test. (c) Cervids not known to be affected with or exposed to tuberculosis that originate from Monitored herds may enter if they are accompanied by a certificate stating that such cervids originate from a monitored herd and have been classified negative to an official tuberculosis test, which was conducted within 90 days prior to the date of movement. (d) Cervids not known to be affected with or exposed to tuberculosis that originate from all other herds may enter if they are accompanied by a certificate stating that such cervids have been classified negative to two official tuberculosis tests, which were conducted no less than 90 days apart; that the second test was conducted within 90 days prior to the date of movement; and that the animals were isolated from all other members of the herd during the testing period. (e) No animal with a response to any tuberculosis test is eligible for entry unless that animal is subsequently classified "negative for tuberculosis" based upon an official tuberculosis test, or is consigned directly to slaughter. (f) Institutional members of the American Association of Zoological Parks and Aquariums (AAZPA) must comply with these requirements when movement is between or from member facilities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 28, 1995. TRD-9505150 Terry Beals, DVM Executive Director Texas Animal Health Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 719-0714 Chapter 51. Interstate, Shows, and Fairs 4 TAC sec.51.5 The Texas Animal Health Commission proposes new sec.51.5, concerning Special Requirements for Entry of Brushy-Tailed Possums. The new section is necessary to prevent the introduction of tuberculosis animals into the State. Tuberculosis is endemic in the brushy-trailed possums, and they are a constant source of disease for the domestic livestock population of New Zealand. The intended effect of this proposal is to protect Texas livestock from tuberculosis disseminated by the brushy-tailed possum. Victor Gonzalez, Assistant Executive Director for Support Services, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Robert L. Daniel, Director of Program Records, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to protect Texas livestock from tuberculosis. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Melissa Nitsche, Executive Secretary, Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711- 2966. The new section is proposed under the Texas Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the Commission with the authority to adopt rules and set forth the duty of this commission to control disease. The new section implements the Agriculture Code, sec.161.041, which authorizes the Commission to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, or domestic animals. sec.51.5. Special Requirements for Entry of Brushy-Tailed Possums. Brushy- tailed possums (Trichosurus vulpecula) cannot be transported into the State. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 28, 1995. TRD-9505151 Terry Beals, DVM Executive Director Texas Animal Health Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 719-0714 Chapter 55. Swine 4 TAC sec.55.5 The Texas Animal Health Commission proposes an amendment to Chapter 55, concerning Swine, sec.55.5, concerning Pseudorabies. The proposed amendment is necessary to define and provide testing requirements for continuous flow feedlots. These requirements are necessary in order for Texas to progress in the federal pseudorabies eradication program. Victor Gonzalez, Assistant Executive Director for Support Services, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Robert L. Daniel, Director of Program Records, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to enhance the Texas program eradicate pseudorabies in Swine. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Melissa Nitsche, Executive Secretary, Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711- 2966. The amendment is proposed under the Texas Agriculture Code, Texas Civil Statutes, Chapters 161 and 165, which provide the Commission with the authority to adopt rules, set forth the duty of this commission to control disease, and authorize the Commission to cooperate with USDA to eradicate swine disease. The amendment implements the Agriculture Code, sec.165.022, which authorizes the Commission to adopt new rules providing for the manner of eradicating swine diseases. sec.55.5. Pseudorabies. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless indicated otherwise. (1)-(3) (No change.) (4) Continuous Flow Feedlot -a premise on which there is a constant population of swine in various stages of finish, being fed for slaughter purposes. (5)
                            [(4)] Direct shipment -Movement without unloading enroute, without contact with swine of lesser pseudorabies status, and without contact with infected or exposed livestock. (6)
                              [(5)] Farm of origin-A farm where the swine were born, or on which they have resided for a least 60 consecutive days immediately prior to movement. (7)
                                [(6)] Official random sample test-A sampling procedure utilizing official pseudorabies serologic tests which provides a 95% probability of detecting infection in a herd in which at least 5.0% of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows: (A) less than 100 head-test 45 or entire herd whichever is the smaller; (B) 100-200 head-test 51; (C) 201-999 head-test 57; (D) 1,000 and over-test 59. (8)
                                  [(7)] Recognized tests -Tests for the diagnosis of pseudorabies approved by USDA, APHIS, VS. Those tests are: (A) microtitration serum-virus neutralization; (B) virus isolation and identification; (C) fluorescent antibody tissue section; (D) Enzyme Linked Immunosorbent Assay (ELISA); (E) latex agglutination. (b)-(e) (No change.) (f) Requirements for continuous flow feedlots on premises on which there are no breeding animals. When provisions of the State-Federal-Industry Program Standards for Pseudorabies Eradication require surveillance testing of these feedlots for advancement of the state to the next stage of the eradication program, one of the following methods will be used to satisfy this requirement: (1) Collection of blood from a random sample of swine in the feedlot in the following representation: (A) less than 100 head in the feedlot-test 25; (B) 100-200 head-test 27; (C) 201-999 head-test 28; (D) 1,000 and over -test 29. (2) Collection of blood from swine consigned from feedlot at slaughter using the criteria shown in (1) above, to determine the number of swine to be tested. (g)
                                    [(f)] Owner Assistance. If ordered by the Commission or its representative, the owner or caretaker of swine shall submit the swine and furnish labor and facilities used in normal operation in order that the swine may be tested, vaccinated, or otherwise handled in accordance with these rules. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 28, 1995. TRD-9505154 Terry Beals, DVM Executive Director Texas Animal Health Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 719-0714 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 280. Therapeutic Optometry 22 TAC sec.280.4 The Texas Optometry Board proposes an amendment to sec.280.4, concerning utilization of pharmaceutical agents, more specifically regarding the five- member technical advisory committee. The amendment is proposed as a procedural rule in order to provide for a meeting of the five-member technical advisory committee only when it has business before it, rather than the required annual meeting as currently established. Initially, it was felt that the committee would have an ongoing need to update the pharmaceutical list; however, because the classification of drugs as established encompasses new drugs as they appear on the market, that ongoing need is not as prevalent as it was at the inception of the Rule and implementation of the statutes. Lois Ewald, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mrs. Ewald also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be efficient government in meeting only when the need arises. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758, (512) 835-1938. The amendment is proposed under the authority of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. The amendment will affect Texas Civil Statutes, Article 4552 (Texas Optometry Act), sec.1.03. sec.280.4. Utilization of Pharmaceutical Agents. (a) To determine the list of pharmaceutical agents to be used by a therapeutic optometrist, the board shall seek the assistance of a five-member technical advisory committee. The five-member technical advisory committee will be consulted and meet
                                      as the need arises, [but shall meet at least on an annual basis] in order to update the list of pharmaceutical agents. A majority of the committee shall constitute a quorum for the transaction of business. A majority of the quorum may act. Final determination of the list will be that of the Texas Optometry Board. (b)-(d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 27, 1995. TRD-9505090 Lois Ewald Executive Director Texas Optometry Board Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 835-1938 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 312. Sludge Use, Disposal, and Transportation The Texas Natural Resource Conservation Commission (TNRCC) proposes the repeal of sec.sec.312.1-312.13, 312.41-312.49, 312.61-312.68, and 312.81-312.83; and new sec.sec.312.1-312.13, 312.41-312.50, 312.61-312.68, 312.81-312.83, and 312. 121-312.123, relating to sewage sludge use and disposal; water treatment sludge disposal; and transportation of sewage sludge, water treatment sludge and similar waste. The purpose of the proposed new sections is to regulate the final beneficial use or disposal of sewage sludge, domestic septage, and water treatment sludge. The proposed new rules incorporate recommendations made in late 1994 by a rule revision committee whose membership reflected a broad range of interests, representing cities, agriculture, industry, business, water and wastewater treatment operators, and various interest groups. The TNRCC proposes new sec.sec.312.1-312.3, relating to defining the procedures required to obtain a permit or registration for beneficial use or disposal of sewage sludge, domestic septage, and water treatment sludge. These sections are grouped in Subchapter A of Chapter 312 and together establish procedures for implementation. Proposed new sec.312.1, Purpose, establishes standards which consist of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sewage sludge and domestic septage. Proposed new sec.312.2, Applicability, specifies the applicability of this chapter. Proposed new sec.312.3, Exclusions, specifies the activities that are excluded from regulation under this chapter. Proposed new sec.312.4, Sewage Sludge Permit, Registration, or Notification Required, establishes permit, registration and notification requirements. The proposed section requires a permit for storage, processing, incineration, or disposal of sewage sludge except for storage allowed as provided in new sec.312. 50. No permit will be required under this chapter if issued pursuant to other requirements of the TNRCC, as specified in new sec.312.5. It also requires notification of certain Class A land application activities. At least 30 days prior to engaging in such activity for the first time, any generator in Texas or any receiver of sewage sludge from an out of state source who proposes to store, land apply, or market and distribute sewage sludge meeting Class A standards must submit a notification on a form approved by the TNRCC. Proposed new sec.312.5, Relationship to Other Requirements, describes the relationship of this chapter to relevant sections of the Code of Federal Regulations and the federal Clean Water Act. Proposed new sec.312.6, Additional or More Stringent Requirements, establishes that the Commission or executive director on a case-by-case bases, may impose additional or more stringent requirements 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. Proposed new sec.312.7, Sampling and Analysis, establishes standards and acceptable methods for sampling and analyzing sewage sludge and domestic septage. Proposed new sec.312.8, General Definitions, contains the definitions and meanings of key words and phrases found throughout the chapter. Proposed new sec.312.9, Sludge Fee Program, provides for the calculation and payment of fees associated with the use and disposal of sewage sludge, domestic septage and water treatment sludge. The subsection contains the calculation and payment of fees associated with the transportation of sewage sludge, domestic septage, water treatment sludge and similar wastes. Proposed new sec.312.10, Permit and Registration Applications Processing, provides that applications must be reviewed by the executive director for administrative completeness within 14 calendar days of receipt of the application. It also establishes the general information required to be included in applications for permits and registrations issued under this chapter. The subsection further establishes procedures and requirements for preparation and publication of the Notice of Receipt of Application and Declaration of Administrative Completeness by the executive director, including the information to be contained in the notice, and indicates existing TNRCC rules which are also applicable to applications for permits and registrations under this chapter. Proposed new sec.312.11, Permits, establishes standards and requirements for permit applications to dispose of or incinerate sewage sludge. It sets out the information required to be included in an application for a permit under this chapter. These requirements are consistent with the requirements of 30 TAC Chapter 305. Proposed new sec.312.12, Registration of Land Application Activities, establishes the requirements for persons who land apply sewage sludge or domestic septage for beneficial use through a registration approved by the executive director. Such requirements include notifying the executive director in writing of the planned land application for beneficial use activity, along with details relating to that activity; providing the executive director with notice of any changes or additional information regarding waste composition, waste management methods; and providing information regarding soils and subsurface conditions where the operation is to be located; and submitting information requested by the executive director which is necessary to determine whether the land application for beneficial use activity is compliant with the terms of this chapter. Proposed new sec.312.13, Actions and Notice, establishes which action will be taken on applications for either a permit or registration to land apply, dispose of, or incinerate sewage sludge filed with the TNRCC. It provides that permits, required by this chapter, are subject to the requirements of 30 TAC Chapter 305. It provides that the chief clerk of the TNRCC mail Notice of Receipt of Application and Declaration of Administrative Completeness, along with a copy of the registration application, to the county judge in the county where the proposed site for land application of sewage sludge is to be located. The notice must specify the name, affiliation, address, and telephone number of the applicant and of the TNRCC employee who may be reached to obtain more information about the application to register the site; and the notice must specify that the registration application has been provided to the county judge and that it is available for review by interested parties. This section also requires that the chief clerk mail notice of Receipt of Application and Declaration of Administrative Completeness to the landowners located adjacent to the site as identified on the application map or supplemental map. Finally, affected persons may provide the TNRCC with written comments on any new or major amendment application to register a site for land application of sewage sludge and the executive director must review any written comments when they are received within 30 days of mailing the notice. The TNRCC proposes new sec.sec.312.41-312.50, relating to land application and beneficial use, for sewage sludge and domestic septage and the temporary storage of sludge at beneficial use sites. These sections are grouped into Subchapter B of Chapter 312 and together constitute the basic regulations for beneficial use of sewage sludge and domestic septage. Though not adopted by reference, these new sections will essentially adopt the requirements set forth in 40 Code of Federal Regulations Part 503, Subpart B, with some requirements for beneficial use operations which will be solely applicable to this state. Additionally, the proposed new sections will provide state requirements to regulate the disposal and storage of sewage sludge and domestic septage on a land application and beneficial use site. Proposed new sec.312.41, Applicability, specifies that 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 and specifies the activities that are excluded from this regulation. Proposed new sec.312.42, General Requirements, establishes the general requirements and restrictions on sewage sludges and domestic septage applied at land application sites. Proposed new sec.312.43, Metal Limits, contains four tables showing the maximum pollution concentration allowed for Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, and Zinc. Table 1 contains the maximum pollutant concentration for sewage sludge that can be used at a land application site. Table 2 contains the maximum cumulative pollutant loading rate at the land application site. Table 3 contains the maximum pollutant concentration for sewage sludge that is sold or given away. Table 4 contains the maximum annual pollutant loading rates at the land application site. Molybdenum concentrations are required to be monitored in Tables 2, 3 and 4. This is consistent with the current re-evaluation of molybdenum limits by EPA. The TNRCC recognizes that EPA is reevaluating certain metal limits contained within this section in light of the decision in Leather Industries of America, 40 F.3d 392 (D.C. Circ.-1994). The final rule will consider EPA's reevaluation. Proposed new sec.312.44, Management Practices, establishes practices that must be followed when sewage sludge or domestic septage is applied at a land application site. The practices will not allow sludge to adversely affect a threatened or endangered species or contaminate ground water. Minimum buffer zone distances are established from where sludge can be applied to water in the state; to a private and public water supply well; to conduits to ground water; to existing schools, institutions, residences or businesses; to a property boundary or public right-of-way; and to irrigation conveyance ditches. In cases where sewage sludge is both incorporated into the soil within 48 hours of application and a vegetated cover is established between the application area and all adjacent surface waters, sewage sludge may be applied up to 33 feet from surface waters. This new section also establishes nuisance controls, including a prohibition against allowing sewage sludge debris from blowing or running off site boundaries. Finally, the new section establishes the frequency of monitoring of required soil analyses. Proposed new sec.312.45, Operational Standards-Pathogen and Vector Attraction, establishes the operational standards with respect to pathogen and vector attraction reduction. This section requires sludge applied to a land application site to be classified as Class A or Class B. Proposed new sec.312.46, Frequency of Monitoring, establishes the monitoring requirements for a land application site. Table 5 lists the minimum monitoring frequencies that range from monthly to annually depending on the amount of sludge applied to a site. Proposed new sec.312.47, Record Keeping, establishes the requirement that certain records be kept by the person who prepares sewage sludge and the owner or operator of a land application site. Proposed new sec.312.48, Reporting, requires land application sites and wastewater treatment plants to submit the records required by sec.312.47 annually to the TNRCC. Proposed new sec.312.49, Appendix A, establishes the procedure to determine the annual whole-sludge application rate as required in Table 4 of new sec.312. 43. Proposed new sec.312.50, Storage and Staging of Sludge at Beneficial Use Sites, establishes requirements for short term storage and staging of sewage sludge at beneficial use sites. The TNRCC proposes new sec.sec.312.61-312.68, relating to surface disposal of sewage sludge. These sections are grouped into Subchapter C of Chapter 312 and together constitute the basic regulations for surface disposal of sewage sludge. Though not adopted by reference, these new sections will essentially adopt the new requirements set forth in 40 Code of Federal Regulations Part 503, with several modifications for surface disposal operations pertaining to state authority governing municipal solid waste. Additionally, the proposed new sections will provide state requirements to regulate the disposal of sewage sludge on a surface disposal site, also known as dedicated land disposal site or monofill. Proposed new sec.312.61, Applicability, defines the applicability of the subchapter and provides limitations on what will be considered storage of sludge versus final disposal on a dedicated site. This subchapter applies to any person who prepares sludge that is placed on a surface disposal site, to an owner or operator of a surface disposal site, to sludge placed on a surface disposal site, and to a surface disposal site. The limitation for sludge storage is two years, and may be extended up to a total of five years provided that the person who prepares the sludge demonstrates that the land on which the sludge is stored is not an active sludge unit or surface disposal site. Proposed new sec.312.62, General Requirements, establishes the general requirements that restrict the location of sludge units in wetlands or near certain faults, require the owner or operator to submit a closure and post closure plan, and require deed notification of disposal activities to subsequent land owners. Proposed new sec.312.63, Metal Limits (other than domestic septage), establishes the maximum pollutant concentrations allowed for arsenic, chromium, and nickel for sewage sludge placed on a sludge unit. Proposed new sec.312.64, Management Practices, establishes specific management practices that must be followed when sewage sludge is placed on a sludge unit. These practices will not allow sewage sludge to adversely affect a threatened or endangered species or contaminate an aquifer, will not allow sewage sludge units to be located in the 100 year floodway, a wetland, or in an unstable area. They also require runoff and leachate to be collected and treated in accordance with any applicable requirements and also require the collection of methane gas from the site when concentrations exceed certain values. Management practices also restrict agricultural uses of the site and public access to the site. Proposed new sec.312.65, Operational Standards-Pathogen and Vector Attraction, establishes the operational standards with respect to pathogen and vector attraction reduction. This section requires sewage sludge placed on a sludge unit to be classified as Class A or Class B. Proposed new sec.312.66, Frequency of Monitoring, establishes the monitoring requirements for surface disposal activities. Table 8 lists the minimum monitoring frequencies that range from monthly to annually depending on the amount of sewage sludge applied to a site. This section also provides the TNRCC with the authority to increase or decrease the monitoring frequency if necessary and requires monitoring of each container of domestic septage and air in onsite structures for methane gas. Proposed new sec.312.67, Record Keeping, requires certain records to be kept by the person who prepares sewage sludge and the owner or operator of a surface disposal site. Proposed new sec.312.68, Reporting, requires facilities to submit the records required by new sec.312.67 by September 1 each year. The TNRCC proposes new sec.sec.312.81-312.83, relating to pathogen and vector attraction reduction, for sewage sludge. These sections are grouped into Subchapter D of Chapter 312 and together constitute the requirements for sewage sludge to be classified Class A or Class B with respect to pathogens, the requirements for vector attraction reduction, and certain site restrictions. Though not adopted by reference, these new sections will essentially adopt the requirements set forth in 40 Code of Federal Regulations Part 503, sec.sec.503. 30-503.33, with appropriate modifications for operations in the State of Texas. Additionally, the proposed new sections will provide state requirements to regulate the disposal of sewage sludge. Proposed new sec.312.81, Scope, defines the scope of the subchapter and explains the intention of the content of the subchapter. This subchapter contains the requirements for classification of sludge with respect to pathogens, site restrictions for land on which Class B sludge is applied, and vector attraction reduction requirements. Proposed new sec.312.82, Pathogen Reduction, establishes the requirements for pathogen reduction. The general requirements for Class A sludge are a fecal coliform density less than 1,000 Most Probable Number per gram of total solids and one of several other performance alternatives. The general requirement for Class B sludge is a fecal coliform density less than 2,000,000 Most Probable Number per gram of total solids and certain site restrictions for Class B sludge that is applied to the land in a beneficial use. As alternatives, sewage sludge treated by "Processes to Significantly Reduce Pathogens" (PSRP) or EPA approved equivalent PSRP processes is described in the section. Also included are site restrictions and a treatment performance standard for domestic septage applied to the land in a beneficial use. Proposed new sec.312.83, Vector Attraction Reduction, establishes the compliance requirements and alternatives for vector attraction reduction. The TNRCC proposes new sec.312.101, relating to incineration guidelines and standards for Texas wastewater treatment plant sludge permits. This section is Subchapter E of Chapter 312 and constitutes the basic regulations for incineration of sewage sludge. It will adopt by reference the requirements set forth in 40 Code of Federal Regulations Part 503, Subpart E. Proposed new sec.sec.312.121-312.123, establishes requirements for the disposal of water treatment sludge. Proposed new sec.312.121, Purpose, Scope, and Standards, establishes minimum requirements that define the acceptable management of water treatment sludge. The section requires that water treatment sludge be disposed in accordance with the requirements of 40 Code of Federal Regulations, Part 257. Proposed new sec.312.122, Registrations and Permits, requires that a permit be obtained before disposal of water treatment sludge in a landfill as defined in 40 Code of Federal Regulations, Part 257. Also it requires that any person who disposes of water treatment sludge in a land application unit, surface impoundment, or waste pile submit a registration application to the TNRCC. Proposed new sec.312.123, Annual Report, requires that any person who disposes of water treatment sludge must submit a report to the executive director by September 1 of each year which describes disposal activities regulated under this subchapter. Stephen Minick, Division of Budget and Planning, has determined that for the first five years these sections as proposed are in effect, there will be fiscal implications as a result of administration and enforcement of the sections. The effects on state government will be minor cost increases related to changes in technical requirements for management of sludge under this chapter. Any net cost increase to the agency attributed to these sections is anticipated to be minor and will be satisfied within existing budgeted resources. These rules will affect revenues to state government. Costs of surface disposal of sludge will increase, in some cases significantly, due to the change in the basis of assessment from dry weight to total weight, from $1. 25 per dry weight ton to $1.25 per ton (total weight). The total impact of changes in fees for disposal is uncertain. It is anticipated that the cost increase will tend to discourage surface disposal and limit the anticipated revenue gains. Effects on local governments will be similar to those for any party subject to these rules as a manager of the wastes subject to these sections or as a registered transporter. Many of the businesses potentially affected by these sections will be small businesses. These businesses would be affected in the same manner and to the same degree as any affected party, based on the amounts of regulated wastes handled. Mr. Minick also has determined that for the first five years these sections as proposed are in effect, the public benefit anticipated as a result of enforcement of and compliance with the sections will be improvement and clarification of the regulatory requirements for management of wastewater treatment sludge, and improvements in the management and control of both beneficial use and surface disposal of wastewater treatment sludge. There are no additional costs anticipated for any individual required to comply with these sections as proposed. A public hearing on the proposal will be held on Tuesday, May 30, 1995 at 2: 00 p.m. in Room 201S of the TNRCC Building B, located at 12124 North IH-35, Park 35 Technology Center, Austin, Texas. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments on the proposal should mention Log Number 95006-312-WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC-201, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Written comments must be received by 5:00 p.m., 30 days from the date of publication of this proposal in the Texas Register. For further information or questions concerning this proposal, please contact Paul Curtis, Permitting Section, Watershed Management Division, (512) 239-4580. Subchapter A. General Provisions 30 TAC sec.sec.312.1-312.13 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Natural Resource Conservation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Texas Water Code, (Vernon 1992), sec.5. 103, which provides the TNRCC with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, these repeals are promulgated 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 TNRCC 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. sec.312.2. Applicability. sec.312.3. Exclusions. sec.312.4. Permit or Registration Required. sec.312.5. Relationship to Other Requirements. sec.312.6. Additional or More Stringent Requirements. sec.312.7. Sampling and Analysis. sec.312.8. General Definitions. sec.312.9. Sludge Fee Program. sec.312.10. Permit and Registration Applications Processing. sec.312.11. Permits. sec.312.12. Registration of Land Application Activities. sec.312.13. Actions, Notices, Public Meetings, and Hearings. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505192 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 The new sections are proposed under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TNRCC 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, these new sections are proposed pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.011 and s361.024, which provides the TNRCC 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. This chapter establishes standards, which consist of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works, and for the final use or disposal of domestic septage. Standards are included in this chapter for sewage sludge and domestic septage applied to the land for beneficial use, or placed on a surface disposal site. Standards are also included in this chapter for sewage sludge fired in a sewage sludge incinerator. The standards applicable to the disposal of water treatment sludge are included. Also included in this chapter are pathogen and vector attraction reduction requirements for sewage 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 record keeping requirements when sewage sludge or domestic septage is applied to the land or placed on a surface disposal site. Also included are the frequency of monitoring and record keeping requirements when sewage sludge is fired in a sewage sludge incinerator. Also included are requirements relating to the transportation of sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste and grease trap waste. sec.312.2. Applicability. (a) This chapter applies to any person who prepares sewage 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 or domestic septage to the land and to the owner/operator of a surface disposal site. (d) This chapter applies to sewage 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 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, chemical toilet waste, grit trap waste, or grease trap waste. (h) This chapter applies to the exit gas from a sewage sludge incinerator stack. (i) This chapter applies to any person who applies water treatment sludge for disposal in a landfill, surface impoundment, or waste pile, as defined in 40 Code of Federal Regulations (CFR), sec.257.2. (j) This chapter applies to any person who applies water treatment sludge for disposal in a land application unit, as defined in sec.312.121 of this title (relating to Purpose, Scope, and Standards). (k) This chapter applies to water treatment sludge which is disposed of in a landfill, surface impoundment, or waste pile, as defined in 40 CFR, sec.257.2. (l) This chapter applies to water treatment sludge which is disposed of in a land application unit, as defined in sec.312.121 of this title. 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. The determination of the manner in which sewage 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 sewage sludge generated at an industrial facility, unless the sewage sludge is of a domestic origin and the sewage sludge is generated from the treatment of domestic sewage. If a process at an industrial facility that primarily treats industrial wastewater combines domestic sewage with any type of industrial solid waste, any resulting sludge, process waste or wastewater generated at the industrial facility will be considered to be industrial solid waste and must be processed, stored, or disposed of in accordance with the applicable requirements of Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste). If a facility that primarily treats domestic wastewater combines domestic sewage with any type of industrial solid waste, any resulting sludge, process waste or wastewater generated at the facility will be considered to be domestic sludge and must be processed, stored, or disposed of in accordance with the applicable requirements of this chapter. (e) This chapter does not establish requirements for the use or disposal of sewage sludge or other wastes determined to be a hazardous waste, as defined in sec.335.1 of this title (relating to Definitions) 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 storage of sewage sludge, grease trap waste, chemical toilet waste, or grit trap waste, except as provided for in sec.312. 50 of this title (relating to Storage and Staging of Sludge at Beneficial Use Sites) and sec.312.147 of this title (relating to Temporary Storage). This chapter does not establish requirements for the processing, use or disposal of grease trap waste, chemical toilet 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 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, except for domestic septage which may be collected 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 requirements of this chapter, provided the following conditions are met at the time the sewage sludge is placed on a beneficial use site or reclamation site. (1) The metal concentrations established in sec.312.43(b)(3) (Table 3) of this title (relating to Metal Limits) shall be met; (2) One of the vector attraction reduction alternatives in sec.312.83(b)(1)- (11) of this title shall be met; (3) The pathogen reduction compliance requirements established in sec.312.82(a) or (b) of this title (relating to Pathogen Reduction) shall be met; (4) The applicant shall receive written approval from the executive director prior to commencement of operations for the experimental project; and (5) The applicant shall submit to the executive director the aims and goals of the project and any other additional information the executive director believes necessary to establish the experimental nature of the project. (l) This chapter does not establish requirements for the land application of chemical toilet waste, grease and grit trap waste, milk solids, or similar non- hazardous municipal or industrial solid wastes. (m) This chapter does not allow for the registration of sludge processing operations or facilities. Such facilities or operations are required to obtain a permit. sec.312.4. Sewage Sludge Permit, Registration, or Notification Required. (a) Permits. A permit shall be required before any storage, processing, incineration, or disposal of sewage sludge, except for storage allowed pursuant to this section, sec.312.50 of this title (relating to the Storage and Staging of Sludge at Beneficial Use Sites), sec.312.61(c) of this title (relating to Applicability), and sec.312.147 of this title (relating to Temporary Storage). Any permit authorizing disposal of sewage sludge shall be in accordance with any applicable standards of Subchapter C of this chapter (relating to Surface Disposal) or sec.312.101 of this title. No permit will be required under this chapter if issued pursuant to other requirements of the commission, as specified in sec.312.5 of this title (relating to Relationship to Other Requirements). (b) Notification of Certain Class A Land Application Activities. (1) If a sewage sludge meets the metal concentration limits in sec.312.43(b)(3) (Table 3) of this title (relating to Metal Limits), the Class A pathogen reduction requirements in sec.312.82(a) of this title (relating to Pathogen Reduction), and one of the requirements in sec.312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction), it will not be subject to the requirements of sec.312.10 of this title (relating to Permit and Registration Applications Processing), sec.312.12 of this title (relating to Registration of Land Application Activities), and sec.312.13 (relating to Actions and Notices), except as provided in this subsection. (2) At least 30 days prior to engaging in such activity for the first time, any generator in Texas or any receiver of sewage sludge from an out of state source who proposes to store, land apply, or market and distribute sewage sludge meeting the standards of this subsection shall submit a notification form approved by the TNRCC. A completed notification shall be submitted to the TNRCC's Permitting Section of the Watershed Management Division. The notification shall contain information detailing: (A) sewage sludge composition, all points of generation, and wastewater treatment facility identification; (B) name, address, and telephone number of all persons who are being proposed to receive the sewage sludge directly from the generator; (C) any activities to sell or give away sewage sludge directly to the public, including a general description of the types of end uses proposed by persons who will be receiving the sewage sludge; (D) methods of distribution, marketing, handling, and transportation of the sewage sludge; (E) a reasonable estimate of the expected quantity of sewage sludge to be generated or handled by the person making the notification; and (F) a description of any proposed storage and the methods which will be employed to prevent surface water runoff of the sewage sludge or contamination of ground water. (3) Thirty days after the notification has occurred, the activities applicable to this subsection may commence. After receiving a notification, the executive director may review a generator's activities or the activities of a receiver of the sewage sludge to determine whether any or all of the requirements of this chapter are necessary. In making this determination, the executive director will consider specific circumstances related to handling procedures, site conditions, or the application rate of the sewage sludge. The executive director may review a proposal for storage of sewage sludge, considering the amount of time and the amount of material described on the notification. Also, in accordance with sec.312.41 of this title (relating to Applicability), any reasonably anticipated adverse effect that may occur due to a metal pollutant in the sewage sludge may also be considered. (4) Annually, on September 1, each person subject to notification of certain Class A activities required by this subsection shall provide a report to the commission, on forms furnished by the commission, which describes all activities described in paragraph (2) of this subsection. The report shall include an update of new information since the prior report or notification was submitted and all newly proposed activities. The report shall also include a description of the annual amounts of sewage sludge provided to each initial receiver from the in-state generator and for receivers of out of state sewage sludge, the amounts provided from the initial receiver directly to any other receivers. (c) Registration of Land Application Sites. (1) If the requirements in Subchapter B of this chapter (relating to Land Application for Beneficial Use) are met and a sewage sludge does not meet the requirements of subsection (b) of this section, a site shall be registered for the land application of sewage sludge for beneficial use, 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 and Notice). (2) The effective date for the registration of a site at which sewage 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. 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. (d) Term limits for registration or permits shall not exceed five years. All existing registrations, not to include transportation registrations, and permits approved before August 10, 1993, shall be due for renewal five years from the date of the registration or permit approval. Registrations or permits which had been in existence for greater than five years as of March 1, 1994, and for which a renewal application was not filed prior to March 1, 1994, are expired. (e) Except as provided under subsection (b) of this section, no person may cause, suffer, allow, or permit any activity of land application for beneficial use of sewage sludge unless such activity has received the prior written authorization of the executive director. (f) All registrations issued before the effective date of this chapter become subject to all provisions of this chapter upon its effective date. sec.312.5. Relationship to Other Requirements. Disposal of sewage sludge or water treatment sludge in a municipal solid waste landfill unit, as defined in 40 Code of Federal Regulations (CFR), sec.258.2, that complies with the requirements in 40 CFR, sec.257 and sec.258 constitutes compliance with sec.405(d) of the Clean Water Act (CWA). Any person who prepares sewage sludge or water treatment sludge that is disposed of in a municipal solid waste landfill unit shall ensure that the sewage sludge or water treatment sludge meets the requirements in 40 CFR, sec.258 concerning the quality of materials disposed of in a municipal solid waste landfill unit. Storage, processing, or disposal of sewage sludge authorized by a permit issued pursuant to sec.26.027 of the Texas Water Code will not require a separate permit authorization pursuant to this chapter, for the same activities. Sewage sludge or water treatment sludge that is disposed of in a municipal solid waste landfill unit, as defined in 40 CFR, sec.258.2, is not subject to the fee schedules of this chapter. 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 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 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, other methods as approved by the executive director, or the latest revision shall be used to analyze samples of sewage sludge or domestic septage: (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. 25-year, 24-hour rainfall event-The rainfall event with a recurrence interval of once in twenty-five years, with a duration of 24 hours as defined by the National Weather Service in Technical Paper Number 40, Rainfall Frequency Atlas of the United States, May 1961, and subsequent amendments, or equivalent regional or state rainfall information developed therefrom. Active sludge unit-A sludge unit that has not closed and/or is still receiving sewage 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. Agricultural Management Unit (AMU)-A portion of a land application area contained within an identifiable boundary, such as a river, fence, or road, where the area has a known crop or land use history. 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. Base flood-A flood that has a one percent chance of occurring in any given year. Beneficial Use -Placement of sewage 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 does not exceed the agronomic need or rate for a cover crop, or any metal or toxic constituent limitations which the cover crop may have. Placement of sewage sludge on the land at a rate below the optimal agronomic rate will be considered a beneficial use. 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 (relating to Pathogen Reduction). Class B Sewage sludge-Sewage sludge meeting one of the pathogen reduction requirements in sec.312.82(b) of this title. Commission-The Texas Natural Resource Conservation 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 ground water or that causes the existing concentration of nitrate in ground water to increase when the existing concentration of nitrate in the ground water already exceeds the maximum contaminate level for nitrate in 40 CFR, sec.141.11. Cover-Soil or other material used to cover sewage sludge placed on an active sludge unit. Cover crop-Grasses or small grain crop, 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 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 or commission as storage or temporary storage and it occurs only for the period of time expressly approved. 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 degrees Celsius 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 Natural Resource Conservation Commission or his/her designee. Experimental Use -Non-routine beneficial use land application or reclamation projects where sewage sludge is added to the soil for research purposes, in pilot projects, feasibility studies, or similar projects. 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. 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. Grit trap waste -Grit trap waste includes waste from interceptors placed in the drains prior to entering the sewer system at maintenance and repair shops, automobile service stations, car washes, laundries, and other similar establishments. Ground water-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 onto the land surface; the injection of sewage sludge below the land surface; or the incorporation of sewage sludge into the soil so that the sewage 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 of suitable material with more than 30% passing a number 200 sieve, have a liquid limit greater than 30%, a plasticity index greater than 15, compaction of greater than 95% Standard Proctor at optimum moisture content, 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 C degree 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 is the only type 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 right-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 or beneficial use site. Other container -either an open or closed receptacle, including but not limited to, a bucket, box, or a vehicle or trailer with a load capacity of one metric ton (2,200 pounds) or less. Owner-The person who owns a facility or part of a facility. 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. Process or Processing -For the purposes of this chapter, these terms shall have the same meaning as "treat" or "treatment". 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/or 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 that 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\or 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 sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage Sludge Debris-Solid material such as rubber, plastic, glass, or other trash which may pass through a wastewater treatment process or sludge process or may be collected with septage. This solid material is visibly distinguishable from sewage sludge. This material does not include grit or screenings removed during the preliminary treatment of domestic sewage at a treatment works, nor does it include grit trap waste. Sludge lagoon-An existing surface impoundment located on-site at a wastewater treatment plant for the storage of sewage 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 is placed for disposal. A sludge unit shall be used for sewage sludge. This does not include land on which sewage 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. Staging-Temporary holding of sewage sludge at a beneficial use site, for up to a maximum of five calendar days, prior to the land application of the sewage sludge. Store or storage -The placement of sewage sludge on land for longer than five days. Temporary Storage -Storage of waste regulated under this chapter by a transporter, which has been approved in writing by the executive director, in accordance with sec.312.147 of this title (relating to Temporary Storage). 365-day period -A running total which covers the period between sludge application to a site and the nutrient uptake of the cover crop. Total solids-The materials in sewage sludge that remain as residue if the sewage sludge is dried at 103 degrees Celsius to 105 degrees Celsius. Transporter-Any person who collects, conveys, or transports sewage sludge, water treatment plant sludges, grit trap waste, grease trap waste, chemical toilet waste and/or septage by roadway, ship, rail, 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 degrees Celsius in the presence of excess oxygen. Water Treatment Sludge-Sludge generated during the treatment of either surface water or ground water for potable use, which is not an industrial solid waste as defined in sec.335.1 of this title (relating to Definitions). Wetlands-Those areas that are inundated or saturated by surface water or ground water 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 meanings, 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 or a permit issued pursuant to the commission's authority in the Texas Water Code, Chapter 26, except that a fee will not be assessed under this chapter as specified in sec.312.5 of this title (relating to Relationship to Other Requirements). (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) Except as provided in subsection (f) of this section, the amount of the annual fee which is assessed is determined by weight of 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 water treatment sludge is mixed with a Class A sewage sludge or when sewage sludge that is classified as Class A is destined to be applied to the land for a beneficial use, the fee shall be $0.50 per dry ton. (3) When water treatment sludge is mixed with a Class B sewage sludge or when sewage sludge that is classified as Class B is applied to the land for beneficial use as described in subchapter B of this chapter (relating to Land Application) the fee shall be $0.75 per dry ton. (4) When sewage sludge is applied to a site for disposal, the fee shall be $1.25 per ton. (5) When water treatment sludge is applied to a site for disposal and the activity requires a permit as specified in Subchapter F of this chapter (relating to Disposal of Water Treatment Sludge), the fee shall be $1.25 per ton, and when a permit is not required, the fee shall be $0.50 per dry ton. (6) When sewage sludge is fired in a sewage sludge incinerator as described in Subchapter E of this chapter (relating to Guidelines And Standards for Sludge Incineration) 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, domestic septage, chemical toilet waste, grease trap waste, or grit trap waste issued in accordance with in subchapter G of this chapter (relating to Transporters and Temporary Storage 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 June 15, each year. Failure to report the transportation of waste 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 subsection (b) of this section shall be paid, by the registrant or permittee, prior to October 1, of each year. Fees assessed in subsection (c) of this section shall be paid, by the registrant, prior to September 1, of each year. Fees shall be paid by check, certified check or money order payable to the Texas Natural Resource Conservation Commission (TNRCC). The permittee or registrant of a facility failing to make payment of the fees imposed under this subchapter when due shall be assessed a penalty of five percent (5.0%) of the amount due; and, if the fees are not paid within 30 days after the day on which the fees are due, an additional five percent (5.0%) penalty shall be imposed. An annual interest rate of twelve percent (12%), compounded monthly, shall be imposed on delinquent fees beginning 60 days from the date on which the fees are due. (e) Failure of the registrant or permittee to submit the required fee payment within thirty 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. (f) No fee will be assessed for sewage sludge or water treatment sludge composted with source separated yard waste at a composting facility, including a composting facility located at a permitted landfill site. This subsection does not apply if it is not used as compost and is deposited in a surface disposal site or landfill. 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 14 calendar days of receipt of the application by the executive director. (b) Permit and registration applications for sewage 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) 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 or 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 and registration applications for sewage sludge land application, disposal, or incineration must additionally include maps showing land ownership in accordance with sec.312.11 (relating to Permits) or sec.312.12 of this title (relating to Registration of Class B Land Application Activities). (d) Upon receipt of an application for a permit or registration, not to include transportation registrations, described in subsections (b) and (c) of this section 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 as described in sec.312.13 of this title (relating to Actions and Notice). (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 processing, 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 dispose of or incinerate sewage sludge is subject to the application processing procedures and requirements found in sec.sec.281.18-281. 24 of this title (relating to Applications Returned; Technical Review; Extensions; Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary; Referral to Commission;) Application Amendment; and 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 is subject to the application processing procedures and requirements found in sec.sec.281.18-281.20 of this title (relating to Applications Returned; Technical Review; and Extensions). (i) The registration shall be cancelled upon receipt of a written request for cancellation from either the site operator or landowner. The TNRCC will provide notice to the other party 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 TNRCC. (j) In order to transfer a registration, both the registered site operator and the landowner must sign the transfer application. An application for transfer that is not signed by both the registered site operator and the landowner will be considered a request for cancellation. (k) If a registration for a site is cancelled, 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. (l) Major Amendment. For purposes of this chapter and except as provided in subsection (m) of this section, a major amendment is an amendment that changes a substantive term, provision, requirement, or a limiting parameter of a permit or registration or a substantive change in the information provided in an application for registration, regarding sewage sludge. 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. (m) Upon the effective date of this chapter, the commission will process as a minor amendment a request by an existing wastewater disposal permittee, a sewage sludge registrant, or by a sewage sludge permittee to change any substantive term, provision, requirement, or a limiting parameter in a permit or registration which was due to prior regulations of the commission, when it is no longer a requirement of this chapter. Notice requirements of sec.312.13 of this title (relating to Actions and Notice) are not applicable to minor amendments. sec.312.11. Permits. (a) The provisions of this section set the standards and requirements for permit applications to dispose of or incinerate sewage sludge. (b) Any person who is required to obtain a permit, or who requests an amendment, modification or renewal of a permit to dispose of or incinerate sewage 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 dispose of or incinerate sewage 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 within one-half mile of the perimeter of any portion or tract of land where the 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 within 1/2-mile of the perimeter of any portion or tract of land where the 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 dispose of or incinerate sewage 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 dispose of or incinerate sewage 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 s305.129 of this title (relating to Variance Procedures). sec.312.12. Registration of Land Application Activities. (a) Except as provided in sec.312.4(b) of this title (relating to Sewage Sludge Permit, Registration, or Notification Required), any person who intends to conduct an activity of land application for beneficial use of a sewage sludge shall: (1) notify the executive director in writing that such land application for beneficial use activities are planned. Such person shall submit to the executive director such information as may reasonably be required to enable the executive director to determine whether such land application for beneficial use activities are compliant with the terms of this chapter. Such information may include, but is not limited to the following: (A) a description and composition of the sewage sludge; (B) a description of all processes generating the sewage sludge; (C) the disposition of the sewage sludge, including the name, address, and telephone number of any landowner or operator at the site, if subject to the registration requirements of this section, including the following information: (i) whether such material is managed on-site and/or off-site from its point of generation; (ii) a description of each on-site land application beneficial use unit or tract, including the name, address, and telephone number of all landowners; (iii) a listing of the types of sewage sludge managed in each unit or tract; and (iv) a detailed description of the beneficial use occurring at each unit or tract of land where application of sewage sludge is proposed, including proposed waste management and crop production methods; (v) detailed information regarding soil characteristics and subsurface conditions where the operation is to be located; (D) the application shall show each residential or business address and owner of all the tracts of land adjacent to the perimeter of any portion or tract of land where the land application site 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 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; (E) the application shall include analytical results showing the concentration of metals regulated by this chapter, taken from the uppermost zone of soil to be affected by the addition of sludge, from each broadly defined soil characterization or texture. The soil samples should be taken at a spatial distribution of one composite sample per every 80 acres of proposed sewage sludge application. An alternate frequency may be utilized, such as use of agricultural management units, when specified in a sampling plan provided by the applicant, which sufficiently establishes background soil conditions. The executive director may request additional sampling, on a case-by-case basis, when warranted due to unusual site characteristics, previous land use, and other issues relative to what may be proposed by the applicant; (F) the application shall include analytical results showing the concentration of nutrients, salinity, and soil pH taken from the 0 to 6 inch zone of soil and from the 6 to 24 inch zone of soil in the proposed sludge application area, from each broadly defined soil characterization or texture. The soil samples should be taken at a spatial distribution of one composite sample per every 80 acres of proposed sewage sludge application. An alternate frequency may be utilized, such as use of agricultural management units, when specified in a sampling plan provided by the applicant, which sufficiently establishes background soil conditions. The executive director may request additional sampling, on a case-by-case basis, when warranted due to unusual site characteristics, previous land use, and other issues relative to what may be proposed by the applicant; (G) any information provided under this subsection shall be submitted to the executive director in quadruplicate form; (2) have the continuing obligation to immediately provide written notice to the executive director of any changes, requests for an amendment, modification or renewal of a registration, or any additional information concerning changes in land ownership, changes in site control, or operator, changes in waste composition, change in the source of sewage sludge, waste management methods, and information regarding soils and subsurface conditions where the operation is to be located. Any information provided under this paragraph shall be submitted to the executive director in duplicate form. (b) The executive director shall determine, after review of any application for registration of an activity to land apply sewage sludge for a beneficial use, if he will approve or deny an application in whole or in part, deny with prejudice, suspend the authority to conduct an activity for a specified period of time, or amend or modify the proposed activity requested by the applicant. The determination of the executive director shall include review and action on any new applications or changes, renewals, and requests for major amendment of any existing application. In consideration of such an application, the executive director will consider all relevant requirements of this chapter and consider all information pertaining to those requirements received by the executive director regarding the application. The written determination on any application, including any authorization granted, shall be mailed to the applicant upon the decision of the executive director. (c) At the same time the executive director's decision is mailed to the applicant, a copy or copies of this decision shall also be mailed to all parties who submitted written information on the application, as described in sec.312.13(c)(2) and (3) of this title (relating to Actions and Notice). sec.312.13. Actions and Notice. (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 filed with the commission. (b) Permit Actions. Any application for a permit to dispose of or incinerate sewage sludge 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), s305.100 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), s305.105 of this title (relating to Request for Public Hearing), and sec.305.106 of this title (relating to Response to Comments). (c) Registration Actions. (1) The public notice requirements of this subsection apply to new applications for a registration, and to applications for major amendment of a registration for land application of Class B sewage sludge. The requirements of this subsection do not apply to sites where only Class A sewage sludge is to be land applied for a beneficial use. (2) The chief clerk of the commission shall mail Notice of Receipt of Application and Declaration of Administrative Completeness, along with a copy of the registration application, to the county judge in the county where the proposed site for land application of sewage sludge is to be located. (3) The chief clerk of the commission shall mail notice of Receipt of Application and Administrative Completeness to the landowners named on the application map or supplemental map, or the sheet attached to the application map or supplemental map. (4) Each notice shall specify both the name, affiliation, address, and telephone number of the applicant and of the commission employee who may be reached to obtain more information about the application to register the site. The notices shall specify that the registration application has been provided to the county judge and that it is available for review by interested parties. (d) Public Comment on Registrations. Affected persons may provide the commission with written comments on any new or major amendment applications to register a site for land application of sewage sludge. The executive director shall review any written comments when they are received within 30 days of mailing the notice. The written information received will be utilized by the executive director in determining what action to take on the application for registration, pursuant to sec.312.12(b) of this title (relating to Registration of Land Application Activities). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505197 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 Subchapter B. Land Application For Beneficial Use 30 TAC sec.sec.312.41-312.49 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Natural Resource Conservation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Texas Water Code, (Vernon 1992), sec.5. 103, which provides the TNRCC with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, these sections are promulgated 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 TNRCC 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. sec.312.42. General Requirements. sec.312.43. Metal Limits. sec.312.44. Management Practices. sec.312.45. Operational Standards-Pathogens and Vector Attraction. sec.312.46. Frequency of Monitoring. sec.312.47. Recordkeeping. sec.312.48. Reporting sec.312.49. Appendix A-Procedure to Determine the Annual Whole Sludge Application Rate for a Sewage Sludge. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505191 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 Subchapter B. Land Application for Beneficial Use and Storage at Beneficial Use Sites 30 TAC sec.sec.312.41-312.50 The new sections are proposed under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TNRCC 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, these sections are also promulgated 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 TNRCC 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) Application to land. 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 s312.42 and sec.312.44 of this title to the bulk sewage sludge described in this subsection 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 Requirements for Bulk Derived Materials. (1) Section 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.312.82(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 s312.42 and sec.312.44 to the bulk material described in this subsection 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) Special Requirements for Certain Bulk Derived Materials. The requirements in this subchapter may 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 the Class A pathogen requirements in sec.312.82(a) of this title, and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title. The executive director may apply any or all of sec.312.42 and sec.312.44 of this title to the bulk derived material 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 sewage sludge. (e) Bagged sludge. Sewage sludge sold or given away in a bag or other container for application to the land. Section 312.42 and sec.312.44 of this title may 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)(3) of this title, the Class A pathogen requirements in sec.312. 82(a) of this title, and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title. (f) Bagged derived materials. Section 312.42 and sec.312.44 of this title may 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, the Class A pathogen requirements in sec.312.82(a) of this title, and one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title. (g) Bagged materials. The requirements in this subchapter may 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. 82(a) of this title (relating to Pathogen Reduction), and one of the vector attraction reduction requirements in s312.83(b)(1)-(8) of this title. 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 to land where any of the cumulative metal loading rates in s312.43(b)(2) of this title (relating to Metal Limits) 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) of this title 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 other container 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 other container for application to the land notice and information to comply with the requirements in this subchapter. (i) The applicant shall determine the concentration of regulated metals in accordance with sec.312.12(a) (1)(E) of this title (relating to Registration of Land Application Activities) 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 pollutant 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.
                                          Figure 1: 30 TAC sec.312.43(b)(1) (2) Cumulative metal loading rates.
                                            Figure 2: 30 TAC sec.312.43(b)(2) (3) Metal concentrations.
                                              Figure 3: 30 TAC sec.312.43(b)(3) (4) Annual Metal loading rates.
                                                Figure 4: 30 TAC sec.312.43(b)(4) (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.
                                                  Figure 5: 30 TAC sec.312.43(c) 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, frozen, or snow- covered so that the bulk sewage sludge enters a wetland or other waters in the state, except as provided in a permit issued pursuant to Chapter 305 of this title (relating to Consolidated Permits) or section 404 of the Clean Water Act ("CWA"). (c) Distance to Surface Waters. (1) Unless the sewage sludge is incorporated into the soil within 48 hours of application and a vegetated cover is established between the application area and all adjacent surface waters, 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 surface waters. (2) In cases where sludge is both incorporated into the soil within 48 hours of application and a vegetated cover is established between the application area and all adjacent surface waters, 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 33 feet from surface waters. (d) When bulk sewage sludge not meeting Class A pathogen requirements is applied to agricultural land, forest, or a reclamation site, the following buffer zones shall be established for each application area, unless otherwise specified by the commission: (1) private water supply well, 150 feet; (2) public water supply well, intake, public water supply spring or similar source, public water supply treatment plant, or public water supply elevated or ground storage tank, 500 feet; (3) Solution channel, sinkhole, or other conduit to groundwater, 200 feet; (4) Established school, institution, business, or occupied residential structure, 750 feet; (5) Public right of way, 50 feet; (6) Irrigation conveyance canal, 10 feet; (7) Property boundary, 50 feet; (e) Any of the buffers established in sec.312.44(d)(4) and (7) of this section may be reduced or eliminated if an agreement to that effect is signed by the owners of the established school, institution, business, occupied residential structure or adjacent property and this documentation is provided to the executive director prior to issuance of a registration. Reductions or elimination of buffer zones in an existing registration by agreement of the affected landowner will be considered a minor amendment of the registration. (f) 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. (g) 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. (h) Ground Water Protection Measures. (1) Seasonal high ground water table shall be not less than three feet below the treatment zone for soils with moderate or slower permeability (less than two inches per hour). (2) Seasonal high ground water table shall be not less than four feet below the treatment zone for soils with moderately rapid or faster permeability (greater than two inches per hour). (3) Seasonal generally refers to a ground water table which is depicted on a soil survey report or other similar document. (4) Application of sludge to land having soils with greater permeability and with higher ground water tables will be considered on a case-by-case basis, after consideration of soil pH, metal loadings onto the soil, soil buffering capacity, or other protective measures to prevent ground water contamination. (i) Sludge shall be applied by a method and under conditions that prevent runoff of sewage sludge beyond the active application area and protect 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) Sludge shall not be applied to areas where permeable surface soils are less than 2 feet thick. The executive director will consider sites with thinner permeable surface soils, on a case-by-case basis. (3) Sewage sludge shall not be applied during rainstorms or during periods in which surface soils are water-saturated. (4) Sludge shall not be applied to areas having topographical slopes in excess of 8.0%. On a case-by-case basis, the executive director will consider sites with steeper slopes when runoff controls are proposed and utilized, incorporation of sewage sludge into the soil occurs, or for certain reclamation projects. (5) Where runoff of sludge from the active application area is evident, the operator shall cease further sludge application until the condition is corrected. (6) Sewage sludge shall not be applied under provisions of this section on land within a designated floodway. (j) Either a label shall be affixed to the bag or other container 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 other container 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 give away in a bag or other container 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 sec.312. 43(b)(4) (Table 4) of this title to be exceeded. (k) Nuisance Controls. (1) A land application site location shall be selected and the site operated in a manner to prevent public health nuisances. (2) Sewage sludge debris must be prevented from blowing or running off site boundaries or into surface waters. (3) If necessary or when significant nuisance conditions occur, the operator shall: (A) Minimize dust migration from the site and access roadways; (B) Minimize objectionable odors through incorporation of sewage sludge into the soil or by taking some other type of corrective action. (l) A registration for the beneficial use of sewage sludge shall specify the soil testing requirements for each application area. (1) The testing frequency shall be in accordance with a plan proposed by the registrant in the application, which takes into account common agricultural methods of determining cover crop nutrient needs, soil pH, phytotoxicity, and concentrations of metals regulated by this chapter. (2) No registration shall require soil testing of metals regulated by this chapter, at a frequency greater than once per five years or prior to submittal of a renewal application for a beneficial use site. Soil testing for metals regulated by this chapter shall not be required for portions of the registration site where sewage sludge has not been applied since the last soil metals testing was performed. (3) Paragraph (2) of this subsection does not apply if the executive director becomes aware of circumstances warranting increased monitoring of metals regulated by this chapter, in order to address sites where metal loading into the soil is a threat to human health or environmental quality. sec.312.45. Operational Standards-Pathogens and Vector Attraction. (a) Pathogens. (1) The Class A pathogen requirements in sec.312. 82(a) of this title (relating to Pathogen Reduction) or Class B pathogen requirements sec.312.82(b) of this title 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 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 shall be met if sewage sludge is sold or given away in a bag or other container for application to the land. (4) The requirements in sec.312. 82(c) of this title 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 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 shall be met if sewage sludge is sold or given away in a bag or other container for application to the land. (4) The vector attraction reduction requirements in s312. 83(b)(12) of this title 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 sec.312.43(b)(1)-(4) of this title (relating to Metal Limits); the pathogen density requirements in either sec.312.82(a) or (b)(1)(C) and (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.
                                                    Figure 1: 30 TAC sec.312.46(a)(1) (2) After the sewage sludge has been monitored for two years at the frequency shown in paragraph (1) of this subsection (Table 5), the executive director may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements, but in no case shall the frequency of monitoring be less than once per year when sewage sludge is applied to the land. A reduction in monitoring will be allowed after agency review of a significant data set of sample results and where the city or cities generating the sewage sludge have in place a satisfactory and enforceable pretreatment program. (3) After the sewage sludge has been monitored for two years at the frequency shown in paragraph (1) of this subsection (Table 5), the executive director may increase the frequency of monitoring for pollutant concentrations and for the pathogen density requirements. An increase in monitoring will be required after agency review of a significant data set of sample results and where high pollutant or pathogen values are present in sewage sludge generated. (b) Domestic septage applied to agricultural land, forest, or a reclamation site shall be monitored for the pathogen reduction 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. Record Keeping. (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 sec.312.43(3) 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 30 TAC 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 30 TAC sec.312.82(a) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 30 TAC 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 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 is met. (3) If the metal concentrations in sec.312.43(b)(3) of this title, the Class A pathogen requirements in sec.312.82(a) of this title, and the vector attraction reduction requirements in either sec.312.83(b)(9) or (10) of this title 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 in the bulk sewage sludge; (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in 30 TAC 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."; and (iii) a description of how the pathogen requirements in sec.312.82(a) of this title 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 30 TAC 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 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 and the Class B pathogen requirements in sec.312. 82(b) of this title 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 sec.312.43(b)(3) (Table 3) of this title in the bulk sewage sludge; (ii) the following certification statement: "I certify under, penalty of law, that the Class B pathogen requirements in 30 TAC sec.312.82(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 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 are met; and (iv) when one of the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title 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 30 TAC sec.312.44, the site restrictions in sec.312.82(b)(3), 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 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)(3) of this title 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 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 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 sec.312.43(b)(1) (Table 1) of this title in the bulk sewage sludge; (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in (insert either 30 TAC sec.312.82(a) or (b)) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in s312.83(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; (iv) when one of the vector attraction requirements in sec.312.83(b) (1)-(8) of this title 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) of this title indefinitely, and retain the information in sec.312.47(a)(5)(B)(viii)- (xiii) of this title, 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 sec.312.43(b)(2) (Table 2) of this title in the bulk sewage sludge applied to each site, including the amount in sec.312.42(e) of this title; (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 30 TAC sec.312. 42(e) 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.312.42(e) 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 30 TAC 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 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: "I certify, under penalty of law, that the site restrictions in sec.312.82(b)(3) 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)(3) of this title 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 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 are met, a description of how the requirements are met. (6) If the requirements in sec.312.43(a)(4)(B) of this title 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 sec.312.43(b)(4) (Table 4) of this title to be exceeded; (B) the concentration of each metal listed in sec.312.43(b)(4) (Table 4) of this title in the sewage sludge; (C) the following certification statement: "I certify, under penalty of law, that the management practice in 30 TAC sec.312.44(e), the Class A pathogen requirement in 30 TAC s312.82(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 are met; (E) a description of how one of the vector attraction requirements in sec.312.83(b)(1)-(8) of this title 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 sec.312.82(c)(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.312.82(c)(1) or (2) of this title are met; (8) a description of how the vector attraction reduction requirements in sec.312.83(b)(9), (10), or (12) of this title are met. sec.312.48. Reporting. Unless otherwise specified by the commission, sludge management facilities shall submit the following information to the Enforcement Section of the Watershed Management Division and Regional Office: (1) the information in sec.312.47 of this title (relating to Record Keeping) for the appropriate requirements by September 1 of each year; and (2) the information in sec.312.47(a)(5)(A)(i)-(iv) of this title 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; (B) 90% or more of any of the cumulative metal loading rates in sec.312.43(b)(2) (Table 2) of this title 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 s312.43 of this title 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 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 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).
                                                      Figure 1: 30 TAC sec.312.49(1) (2) To determine the AWSAR, equation (1) is rearranged into equation (2):
                                                        Figure 2: 30 TAC sec.312.49(2) (3) The procedure used to determine the AWSAR for a sewage sludge is presented in Appendix-A.
                                                          Figure 3: 30 TAC sec.312.49(3) sec.312.50. Storage and Staging of Sludge at Beneficial Use Sites. (a) Except as provided in subsection (b) of this section, storage of sludge at a beneficial land application site shall not exceed 90 days. Storage is allowed only when the following requirements are carried out: (1) Written authorization must be obtained from the executive director prior to construction of the storage area. (2) The storage area must be operated and maintained to prevent surface water runoff and to prevent a release to ground water. Discharge of storm water or wastewater which has come into contact with sewage sludge is prohibited. The storage area shall be designed to collect such runoff. Any runoff collected during the storage of sewage sludge shall be disposed in a manner to prevent a release to ground water. (3) The storage area shall be designed, constructed, and operated in a manner which protects public health and the environment. (4) The storage area must be lined to prevent a release to ground water. Natural or artificial liners are required for leachate control. A natural liner or equivalent barrier of one foot of compacted clay with a permeability coefficient of 1 x 10-7 cm/sec or less, shall be provided. Various flexible synthetic membrane lining materials may be used in lieu of soil liners if prior written approval has been obtained from the executive director. (5) The application shall outline measures to be taken to minimize vectors and to avoid public health nuisances such as odors. (6) The storage area shall be fenced or other methods shall be used, if necessary to control access by humans or domestic animals. (7) Berms or dikes shall be constructed to contain the waste without leakage. (8) Liquid sludge must be stored in an enclosed vessel. (9) Processing of sludge is prohibited unless a permit is obtained from the commission. (b) Up to an additional ninety (90) days of storage will be allowed with the prior approval of the appropriate TNRCC regional office, for reasons associated with application area flooding, saturated soils, or frozen soils. (c) Staging of sewage sludge on-site, prior to land application, is allowable without executive director approval. Staging of sewage sludge may only occur for a maximum of five calendar days. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505196 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 Subchapter C. Surface Disposal 30 TAC sec.sec.312.61-312.68 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Natural Resource Conservation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Texas Water Code, (Vernon 1992), sec.5. 103, which provides the TNRCC with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, these sections are promulgated 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 provide the TNRCC 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. sec.312.62. General Requirements. sec.312.63. Metal Limits (other than domestic septage). sec.312.64. Management Practices. sec.312.65. Operational Standards-Pathogen and Vector Attraction. sec.312.66. Frequency of Monitoring. sec.312.67. Record Keeping. sec.312.68. Reporting. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505190 Lydia Gonzalez Gromatzky Acting Director, Legal Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-4640 The new sections are proposed under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TNRCC 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 promulgated 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 provide the TNRCC 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 and the sewage sludge is stored at a treatment works authorized for such storage. (c) This subchapter does not apply to sewage sludge at a treatment works authorized for such storage 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 sec.402 or sec.404 of the CWA, shall close within 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, for approval, at least 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 a minimum of three years after the last sludge unit in the surface disposal site closes. (4) The final cover system for aerial fills (monofills) shall be composed of no less than two feet of soil. The first 18 inches or more of cover shall be of clayey soil, classification SC or CL as defined in the "Unified Soils Classification System" developed by the United States Army Corps of Engineers, compacted in layers of no more than six inches to minimize the potential for water infiltration. A CH soil may be used; however, this soil may experience excessive cracking and shall therefore be covered by a minimum of 12 inches of topsoil to retain moisture. Other types of soil may be used with prior written approval from the executive director. The final six inches of cover shall be of suitable topsoil that is capable of sustaining native plant growth and shall be seeded or sodded immediately following the application of the final cover in order to minimize erosion. Side slopes of the final cover for all above-ground disposal areas (mono-fills) shall not exceed a 25% grade (four feet horizontal to one foot vertical). Side slopes for the final cover in excess of 25% may be authorized by the executive director provided that controlled drainage such as flumes, diversion terraces, spillways, or other acceptable methods are incorporated into the final cover system design submitted to the executive director for review and approval. The final cover for the topmost portion of a unit or facility shall have a gradient of not less than 2.0% and not greater than 6.0%, and shall possess a sufficient minimum grade to preclude ponding of surface water when total fill height and expected subsidence are taken into consideration. (d) The owner/operator shall comply with the post-closure care maintenance requirements for final cover, as detailed in paragraphs (1) and (2) of this subsection for the duration of the post-closure period for these units or sites. (1) For a minimum of the first three years after the completion of final closure, the permittee shall retain the right of entry to and maintain all rights-of-way of a closed surface disposal site in order to conduct periodic inspections of the closed site. The owner/operator shall correct, as needed, erosion of cover material, lack of vegetative growth, leachate or methane migration, and subsidence, or ponding of water on the unit or site. If any of these problems occur after the end of the three-year post closure maintenance period or persist for longer than the first three years of post-closure care maintenance, the owner/operator shall be responsible for any corrections until the executive director determines that all problems have been adequately resolved. The executive director may reduce the post-closure maintenance period for surface disposal sites if all wastes and waste residues have been removed during closure. (2) Any monitoring programs (ground-water monitoring, resistivity surveys, methane monitoring, etc.) in effect during the life of the surface disposal site shall be continued during the post-closure care maintenance period. (e) Following completion of the post-closure care maintenance period for each surface disposal site, the owner/operator shall submit to the executive director for review and approval a documented certification, signed by an independent registered professional engineer, verifying that post-closure care maintenance has been completed in accordance with the approved post-closure plan. The submittal to the executive director shall include all applicable documentation necessary for the certification of completion of post-closure care maintenance. Once approved, this certification shall be retained by the owner/operator. (f) 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. (g) The commission shall require evidence of financial responsibility as it deems appropriate to assure the commission that the responsible owner or operator has sufficient assets to properly operate the site and to provide proper closure and post-closure. This assurance for the proper operation of the site may be in the form of performance bonds, letters of credit from recognized financial institutions, trust funds, or insurance. 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.
                                                            Figure 1: 30 TAC sec.312.63(a) (b) The concentration of each metal listed in Table 6 of subsection (a) of this section 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.
                                                              Figure 2: 30 TAC sec.312.6(b)(2) 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 a 25-year, 24-hour rainfall event. (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. On a case by case basis, the executive director may consider exclusion from these requirements. (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 Pathogen Reduction) or the Class B pathogen reduction requirements in sec.312.82(b)(1)(A) and (b)(2) of this title 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 Vector Attraction Reduction) is met. (b) Pathogen reduction. Domestic septage. The pathogen reduction requirement in sec.312.82(c)(2) of this title 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 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 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 Pathogen Reduction) and in sec.312.82(b) of this title (relating to Vector Attraction Reduction), and the vector attraction reduction requirements in sec.312.83(b)(1)-(8) of this title, for sewage sludge placed on an active sludge unit shall be the frequency in Table 8.
                                                                Figure 1: 30 TAC sec.312.66(a)(1) (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 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 30 TAC 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 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 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 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 30 TAC 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 30 TAC 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 30 TAC 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) 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 are met. (C) A description of how one of the vector attraction reduction requirements in sec.312.83 of this title are met when required. sec.312.68. Reporting. All facilities regulated under this subchapter shall submit the information required in sec.312.67(a) of this title (relating to Record Keeping) to the commission by September 1 each year. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505195 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 Subchapter D. Pathogen and Vector Attraction Reduction 30 TAC sec.sec.312.81-312.83 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Natural Resource Conservation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Texas Water Code, (Vernon 1992), sec.5. 103, which provides the TNRCC with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code and other laws of this state. Additionally, these sections are promulgated 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 provide the TNRCC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.81. Scope. sec.312.82. Pathogen Reduction. sec.312.83. Vector Attraction Reduction. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505189 Lydia Gonzalez Gromatzky Acting Director, Legal Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-4640 The new sections are proposed under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TNRCC 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 promulgated 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 provide the TNRCC with the authority to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.81. Scope. (a) This subchapter contains the requirements that must be met for a sewage sludge to be classified either Class A or Class B with respect to pathogen reduction. (b) This subchapter contains the site restrictions for the land on which a sewage sludge that is Class B with respect to pathogens is either land applied for beneficial use or placed on an active sludge unit. (c) This subchapter contains the pathogen reduction requirements for domestic septage applied to agricultural land, forest, or a reclamation site for beneficial use and the pathogen reduction requirements for domestic septage placed on an active sludge unit. (d) This subchapter contains the site restrictions for the land on which domestic septage is applied for beneficial use or placed on an active sludge unit. (e) This subchapter contains the vector attraction reduction requirements for sewage sludge and domestic septage land applied for beneficial use or placed on an active sludge unit. 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 (B) and (C) of this paragraph and the requirements of one of the alternatives listed in paragraph (2) of this subsection shall be met. (B) 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). (C) 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 give 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). (2) Compliance alternatives-Class A. (A) Alternative 1. The temperature of the sewage sludge that is used or disposed of 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 be determined using equation (2), except when small particles of sewage sludge are heated by either warmed gases or an immiscible liquid.
                                                                  Figure 1: 30 TAC s312.82(a)(2)(A)(i) (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 be determined using equation (2) as found in clause (i) of this subparagraph. (iii) When the percent solids of the sewage sludge is less than 7.0% and the time period is at least 15 seconds, but less than 30 minutes, the temperature and time period shall be determined using equation (2) as found in clause (i) of this subparagraph. (iv) When the percent solids of the sewage sludge is less than 7.0%; the temperature of the sewage sludge is 50 degrees Celsius or higher; and the time period is 30 minutes or longer, the temperature and time period shall be determined using equation (3).
                                                                    Figure 2: 30 TAC sec.312.82(a)(2)(A)(iv) (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 above 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 treatment 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 treatment 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 give 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). (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. (E) Alternative 5 (PFRP). Sewage sludge that is used or disposed of shall be treated in one of the Processes to Further Reduce Pathogens (PFRP) described in 40 Code of Federal Regulations, Part 503, Appendix B. (F) Alternative 6 (PFRP Equivalent). Sewage sludge that is used or disposed of shall be treated in a process that has been approved by the U.S. Environmental Protection Agency as being equivalent to those in subparagraph (E) 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 (B) and (C) of this paragraph shall be met. As an alternative for a sewage sludge to be classified as Class B, the requirements of subparagraph (B) of this paragraph and paragraph (2) of this subsection shall be met. (B) 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. (C) A minimum of seven samples of the sewage sludge shall be collected within 48 hours of 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) PSRP compliance alternatives-Class B. Sewage sludge that is used or disposed of shall be treated in one of the Processes to Significantly Reduce Pathogens described in 40 CFR, Part 503, Appendix B or shall be treated by an equivalent process approved by the U.S. Environmental Protection Agency, so long as all of the following requirements are met by the generator of the sewage sludge: (A) Prior to use or disposal, all the sewage sludge must have been generated from a single location, except as provided in subparagraph (F) of this paragraph; (B) An independent Texas registered professional engineer must make a certification to the generator of a sewage sludge that the wastewater treatment facility generating the sewage sludge is designed to achieve one of the Processes to Significantly Reduce Pathogens at the permitted design loading of the facility. The certification need only be repeated if the design loading of the facility is increased. The certification shall include a statement indicating the design meets all the applicable standards specified in Appendix B of 40 CFR, Part 503; (C) Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater treatment facility, the chief certified operator of the wastewater treatment facility shall certify that the sewage sludge underwent at least the minimum operational requirements necessary in order to meet one of the Processes to Significantly Reduce Pathogens. The acceptable processes and the minimum operational and recordkeeping requirements shall be in accordance with established U.S. Environmental Protection Agency final guidance; (D) All certification records and operational records describing how the requirements of this paragraph were met shall be kept by the generator for a minimum of three years and be available for inspection by commission staff for review; (E) In lieu of a generator obtaining a certification as specified in subparagraph (B) of this paragraph, the executive director will accept from the U.S. Environmental Protection Agency a finding of equivalency to the defined Processes to Significantly Reduce Pathogens; and (F) If the sewage sludge is generated from a mixture of sources, resulting from a person who prepares sewage sludge from more than one wastewater treatment facility, the resulting derived product shall meet one of the Processes to Significantly Reduce Pathogens, and shall meet the certification, operation, and record keeping requirements 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 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) Food crops, 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 subsection (b)(3) of this section shall be met if domestic septage is applied to agricultural land, forest, or a reclamation site. (2) The pH of domestic septage applied to agricultural land, forest, or a reclamation site 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) paragraphs (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 a temperature between 30 and 37 degrees Celsius. If at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is 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 20 degrees Celsius. If at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is 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 that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of sewage sludge shall be higher than 45 degrees Celsius. (6) The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then remain at a pH of 11.5 or higher 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 (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 treatment process. (10) Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within six hours after application or placement on the land. If the sewage sludge that is incorporated into the soil 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 applied to or placed on the land within eight hours after the sewage sludge is discharged from the pathogen treatment process. (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 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505194 Lydia Gonzalez Gromatzky Acting Director, Legal Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-4640 Subchapter F. Disposal of Water Treatment Sludge 30 TAC sec.sec.312.121-312.123 The new sections are proposed under the Texas Water Code, sec.5.103 and sec.5.105, which authorizes the Texas Natural Resource Conservation Commission to promulgate rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and pursuant to Texas Health and Safety Code sec.sec.361.011 and 361.024 (Vernon 1992), which further authorizes the Texas Natural Resource Conservation Commission to promulgate rules necessary to regulate municipal solid waste and adopt rules consistent with the general intent and purposes of the Act. sec.312.121. Purpose, Scope, and Standards. (a) The purpose of this subchapter is to establish minimum requirements that define the acceptable management of water treatment sludge. These requirements apply as specified in sec.312.2 of this title (relating to Applicability). (b) Except as provided in subsection (c) of this section, the regulations contained in 40 CFR, Part 257 (including all appendices to Part 257), are adopted by reference as amended and adopted in the CFR through October 9, 1993. The definitions contained in 40 CFR, Part 257 supersede any definitions for the same terms found in sec.312.8 of this title (relating to General Definitions). (c) The commission does not adopt the definition of land application unit as specified in 40 CFR, sec.257.2. (d) The following term, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. Land application unit is an area where water treatment sludge is applied onto or incorporated into the soil surface for treatment or disposal, where the disposal occurs within five feet of the surface of the land. (e) The criteria and applicable definitions found in 40 CFR, Part 257 apply to disposal of water treatment sludge in a landfill, waste pile, land application unit, or surface impoundment. (f) When water treatment sludge is mixed with sewage sludge or when water treatment sludge is placed on land for disposal along with sewage sludge, it is subject to all applicable requirements of sewage sludge, as specified in this chapter. sec.312.122. Registrations and Permits. (a) A permit shall be required before any disposal of water treatment sludge in a landfill. The requirements for applications, permits, permit conditions, and actions by the TNRCC shall be in accordance with Chapter 305 of this title (relating to Consolidated Permits). Applications for permits will be processed in accordance with Chapter 281 of this title (relating to Applications Processing). (b) Any person who disposes of water treatment sludge in a land application unit, surface impoundment, or waste pile in accordance with sec.312.121 of this title (relating to Purpose, Scope, and Standards) shall apply for registration on a form approved by the TNRCC. A completed application shall be submitted to the TNRCC's Permitting Section of the Watershed Management Division. Before issuing a registration, the executive director may review the application to determine whether the proposed activity meets the requirements of 40 CFR, Part 257. sec.312.123. Annual Report.
                                                                      Any person who disposes of water treatment sludge shall submit a report to the executive director by September 1 of each year which describes disposal activities regulated under this subchapter. The report shall include the registration or permit number of the disposal facility and indicate the amount of water treatment sludge which has been disposed. The information shall be submitted on forms furnished by the executive director. From the information provided, the executive director will assess an annual fee, in accordance with the requirements of sec.312.9 of this title (relating to Sludge Fee Program). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505193 Lydia Gonzalez Gromatzky Acting Director, Legal Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-4640 Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste Subchapter Q. Pollution Prevention: Source Reduction and Waste Minimization 30 TAC sec.335.476 The Texas Natural Resource Conservation Commission (TNRCC) proposes changes to sec.335.476, concerning Pollution Prevention: Source Reduction and Waste Minimization, Reporting and Recordkeeping. These changes are proposed in order to align the due date of March 1 for the Source Reduction and Waste Minimization (SR/WM) Annual Report with the Toxics Release Inventory (TRI) Form R reporting due date of July 1. This change will result in improved data quality, and will reduce the potential for reporting errors on the SR/WM Annual Report Form, which further results in a decreased administrative burden to the regulated community. Section 335.476(4)(B)-(E) is proposed to be changed by changing the words "March 1" to "July 1" in each subsection. A significant amount of the data that is included on the SR/WM Annual Report is based on data reported on the Toxic Release Inventory (TRI) Form R, which is not due until July 1 each year. Currently, for TRI facilities to properly report in accordance with Subchapter Q on March 1, they have to forecast ALL of their TRI data. Since the TRI data is not due until July 1, data quality problems result. If the forecasted TRI data used to report on the SR/WM Annual Report is different than the actual data submitted on the TRI reports, facilities must submit a revision to the SR/WM Annual Report. This rule change will not impact any fees charged by the agency or result in a gain or loss of revenue to the agency. This change will result in significant reductions in necessary data quality checks and the potential for errors, which will furthermore result in better data and reduced burden to the regulated community and the TNRCC. It is estimated that not having to submit revisions will save each facility currently submitting revisions about $1,000 per revision. Stephen Minick, Stategic Planning and Appropriations Division, has determined that, for the first five years this section as proposed is in effect, there are no fiscal implications anticipated for state or local government or small businesses as a result of enforcement or administration of the section. Mr. Minick also has determined that for the first five years this section as proposed is in effect, the public benefit anticipated as a result of administration of and compliance with the section will be more effective management of the state's efforts to assist facilities in pollution prevention. There are no fiscal effects anticiapted for persons required to comply with the section as proposed. Comments on this proposal may be submitted to Bettie Mabry-Bell, Office Policy and Regulation Development, Texas Natural Resource Conservation Commission, P.O. Box 13087 (MC 201), Austin, Texas 78711-3087 and refer to Rule Log Number 95095- 335-WS when commenting on the proposal. The deadline for the submission of written comments will be 30 days after the date of publication of this proposal in the Texas Register. For further information contact Sam Wells at (521) 239- 1441. The amendment is proposed under Texas Water Code, sec. s5.103, 5.105, and 26. 011, which provides the TNRCC the authority to adopt rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. These changes are also proposed under the Health and Safety Code, sec.361.024, which provides the TNRCC the authority to adopt rules necessary to manage solid waste, and under sec.361.504(b), which provides the TNRCC the authority to establish schedules for Source Reduction and Waste Minimization reports. This rule change does not affect any other statutes or codes. sec.335.476. Reports and Recordkeeping. All persons required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission and the board, concurrent with implementation of the plan under sec.335.475 of this title (relating to Implementation Dates), an initial executive summary of such plan and a copy of the certification of completeness and correctness in sec.335.474(1)(H) of this title (relating to Source Reduction and Waste Minimization Plans). Within 30 days of any revision of such plan, a revised executive summary shall be submitted. All owners and operators required to develop a plan shall also submit an annual report according to the schedule outlined in paragraph (4) of this section. (1)-(3) (No change.) (4) The report and the executive summary of the plan shall be submitted according to the following schedule and annually thereafter. (A) (No change.) (B) For all facilities meeting the specifications of sec.335.475(2), the first report will be due on or before July 1, 1995
                                                                        [March 1, 1995]. The report will cover calendar year 1994. (C) For all facilities meeting the specifications of sec.335.475(3), the first report will be due on or before July 1, 1996
                                                                          [March 1, 1996]. The report will cover calendar year 1995. (D) For all facilities meeting the specifications of sec.335.475(4), the first report will be due on or before July 1, 1997
                                                                            [March 1, 1997]. The report will cover calendar year 1996. (E) For all facilities meeting the specifications of sec.335.475(5), the first report will be due on or before July 1, 1998
                                                                              [March 1, 1998]. The report will cover calendar year 1997. (5)-(6) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505198 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 239-6087 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 7. Surveying 31 TAC sec.7.2 The Texas General Land Office proposes an amendment to s7.2, concerning surveying procedures for coastal land. Because of advances and variations in surveying techniques and methodologies, sec.7.2 is amended in order to allow for modifications in surveying requirements and implementation of the most efficient, timely, and appropriate surveying strategies. Without such flexibility in surveying requirements, the General Land Office is unable to employ the most accurate methodologies to determine littoral boundaries and thereby protect, preserve, and enhance state real property assets. Christopher K. Price, Deputy Commissioner of the Asset Management Division, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of administering the rule. No additional administrative costs will be incurred as a result of this proposal. Mr. Price also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enacting the rule will be flexible, efficient, and up-to-date techniques and methodologies of surveying coastal land, elimination of antiquated surveying procedures, and accurate and consistent littoral boundary determinations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Lenora DuBose, Texas General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 630, Austin, Texas 78701-1495 (Fax: (512) 463-6311). In order to be considered, comments must be received before 5:00 p.m. on June 5, 1995. The amendment is proposed under Texas Natural Resources Code, sec.31.051, which provides the General Land Office with authority to execute and perform all acts and other things relating to public state land and to make and enforce suitable rules consistent with the law. The Texas Natural Resources Code, Chapter 31, sec.31.051, is affected by this proposed amendment. sec.7.2. Coastal Lands.
                                                                                Field notes (survey) concerning coastal public lands must satisfy the following conditions: (1) (No change.) (2) The surveyor, before performing the survey, must have approval of the General Land Office as to the appropriate surveying method to be used to determine the littoral boundary
                                                                                  [acceptance of an elevation for the value of mean high tide for the contour line or boundary on which the work is to be done]. The surveyor should submit to the General Land Office
                                                                                    whatever facts he may wish regarding the elevation of mean high tide, mean low tide, mean higher high tide, the vegetation line, and/or other information which may be relevant
                                                                                      to the determination of the littoral boundary
                                                                                        [General Land Office]. (3) The surveyor must certify on the
                                                                                          survey plat [must have certification by the surveyor] that he has located the natural littoral boundary in accordance with the methodology approved by the General Land Office
                                                                                            [contour line of mean high water] and that to the best of his knowledge no artificial fill or accretion is located within the area surveyed. The plat must indicate the name and address of the littoral owner or owners. (4) Where the littoral boundary is located using a coutour line, the
                                                                                              [The] beginning and ending points on the contour line should be established with X and Y plane coordinates utilizing the state plane coordinate system
                                                                                                . (5) In cases
                                                                                                  [the case] where artificial fill or accretion
                                                                                                    exists, the surveyor must locate and survey both
                                                                                                      [should certify that he has relocated] the natural (original) littoral boundary and the boundary of the artificially filled or accreted area. Prior to surveying the natural (original) littoral boundary of the property, the surveyor must obtain approval from the General Land Office as to the method to be used to locate the original boundary. The surveyor must
                                                                                                        [shoreline at mean high tide and] submit a separate report to the General Land Office describing in detail the nature and source of the artificial fill or accretion, and
                                                                                                          certifying that he has relocated the natural (original) boundary in accordance with the methodology approved by the General Land Office
                                                                                                            [fact]. The surveyor must also submit a separate
                                                                                                              field note description and survey plat of the artificially filled or accreted area. [Prior to surveying the original shoreline of the filled or accreted area, a contour line must be agreed upon.] [(6) The plat must indicate the name and address of the littoral owner or owners.] (6)
                                                                                                                [(7)] The surveyor must indicate to the best of his knowledge whether or not any retaining walls or other structural modifications have
                                                                                                                  [development has] been placed
                                                                                                                    [taken] on or along
                                                                                                                      the littoral boundary
                                                                                                                        [subject property which required alternation of the shoreline]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 28, 1995. TRD-9505184 Garry Mauro Chairman, School Land Board General Land Office Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 305-9129 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas Chapter 81. Insurance 34 TAC sec.81.5, sec.81.7 The Employees Retirement System of Texas proposes amendments to sec.81.5 and sec.81.7, concerning eligibility and enrollment. The amendments will clarify that surviving spouse and eligible dependent children of a member who dies with ten years of service credit will be eligible to continue participation in the Texas Employees Uniform Group Insurance Program (UGIP). William S. Nail, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Nail also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that members and dependents will be better informed of the eligibility requirements for surviving spouses and dependents for UGIP participation. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to William S. Nail, General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207. The amendments are proposed under the Insurance Code, Article 3.50-2, sec.4, which provides the board of trustees with the authority to promulgate all rules, regulations, plans, procedures, and orders reasonably necessary to implement and carry out the purposes and provisions of the Texas Employees Group Insurance Benefits Act. Other code/statute affected by these amendments: Insurance Code, Article 3. 50- 2, sec.19(b). sec.81.5. Eligibility. (a)-(d) (No change.) (e) Surviving dependents. (1) The surviving spouse of a retiree or the surviving spouse of an active employee is eligible to continue coverage in the health and dental benefits plans in which the surviving spouse
                                                                                                                          [employee/retiree] was enrolled
                                                                                                                            [insured] on the day of death of the employee/retiree provided, however, the deceased active employee must have had at least ten years of service credit at the time of death
                                                                                                                              [met the age and service credit requirements to qualify for a retirement benefit or survivor's annuity]. A surviving spouse who is also a State retiree or state employee shall not be eligible for surviving spouse benefits as long as he or she is eligible for coverage as an employee or retiree. Participants continuing coverage as surviving spouses are not eligible for life insurance coverages. (2) Dependent children of a deceased employee or retiree are eligible to continue coverage in the health and dental benefits plans in which the dependent children were enrolled on the day of death of the employee/retiree provided, however, the deceased active employee must have had at least ten years of service credit at the time of death
                                                                                                                                [retain and continue coverage, except dependent life insurance], as long as the surviving spouse is eligible and continues to participate in the program. Dependent children of deceased employees or retirees will be considered as dependents of the deceased employee's or retiree's surviving spouse for purposes of the program. Participants continuing coverage as surviving dependents are not eligible for life insurance coverage. (3) Dependent children of a deceased employee/retiree are eligible to continue coverage in the health and dental benefits plans in which the dependent children were enrolled on the day of death of the employee/retiree provided, however, the deceased active employee must have had at least ten years of service credit at the time of death.
                                                                                                                                  [A surviving dependent child of a retiree may, after the death of the retiree and if the retiree leaves no surviving spouse, elect to continue coverage in the health and dental benefits plans in which the retiree was enrolled on the day of death of the retiree.] A surviving dependent child may continue such coverage until the dependent child becomes ineligible as defined in sec.81.1 of this title (relating to Definitions). Participants continuing coverage as surviving dependents are not eligible for life insurance coverage. (4) (No change.) (f)-(j) (No change.) sec.81.7. Enrollment and Participation. (a)-(c) (No change.) (d) Surviving dependents. A surviving spouse and dependents of a deceased employee who, at the time of death, had at least ten years of service credit
                                                                                                                                    [met the age and service requirements to qualify for a retirement benefit or survivor's annuity] and who met the program eligibility requirements in accordance with the Act may continue coverage as provided in sec.81.5(e) of this title (relating to Eligibility). A surviving spouse and dependents of a deceased retiree may continue coverage as provided in sec.81. 5(e) of this title. A surviving spouse, who is receiving an annuity, shall make premium payments by deductions from the annuity as provided in sec.81.3(d) (2)(A) of this title (relating to Administration). A surviving spouse, who is not receiving an annuity, may make payments as provided in sec.81.3(d)(2)(B) of this title. The surviving spouse or eligible dependents must apply to continue coverage for himself or herself and dependents within 30 days after notification in writing of eligibility to make application. (e)-(i) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505186 William S. Nail Executive Director Employees Retirement System Earliest possible date of adoption: June 5, 1995 For further information, please call: (512) 867-3336 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the tenth day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, the Government Code, Chapters 2001 and 2002, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.) The Commissioner of Insurance, at a public hearing under Docket Number 2146 scheduled for June 14, 1995 at 1:30 p.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made by staff concerning automobile physical damage rating symbols. Staff's petition proposes amendments to the Texas Automobile Rules and Rating Manual (the Manual), Symbol and Identification Section. These amendments were proposed in a petition (Reference Number A-0495-08-I), filed on April 27, 1995. Subject to certain exceptions, in the past the Department has adopted the Insurance Services Office's (ISO) physical damage rating symbols and adjustments. Symbols and adjustments to them are based on vehicle cost, damageability, repairability, and other relevant loss factors. Without timely symbol adjustments, some consumers pay higher or lower premiums than suitable. The Department currently requires the rating of a multi-purpose or utility vehicle by application of a rating table to the vehicle's Original Cost New. ISO instead assigns a symbol to such a vehicle in the same manner as for private passenger autos. ISO's approach more accurately reflects the true physical damage rating symbol for the multi-purpose and utility type vehicle, and for that reason staff proposes amendment of the Manual to conform to the methodology that assigns a specific symbol to 1995 and later models of multi-purpose and utility type vehicles, as shown in an exhibit attached to staff's petition. Staff also requests the adoption of new and/or adjusted 1993, 1994, and 1995 Model Rating Symbols for Automobile Physical Damage Coverage, as shown in exhibits attached to the petition. In order to allow time for printing and distribution of the amendments to the Manual, staff has requested that such amendments become effective on the 60th day after publication of the notification of the Commissioner's action in the Texas Register
                                                                                                                                      . A copy of the petition containing the full text of these proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 322-4147; refer to (Reference Number A-0495-08-I) . The staff and the Commissioner request that written comments to these proposed amendments be submitted prior to the public hearing on June 14, 1995. The written comments should be directed to Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-1C, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 1, 1995. TRD-9505187 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance For further information, please call: (512) 463-6328