SECTION 312.41. Applicability

(a) Application to land. This subchapter applies to any person who prepares biosolids and/or domestic septage that are land applied, to any person who land applies biosolids and/or domestic septage, to biosolids and/or domestic septage that are land applied, and to the land on which biosolids and/or domestic septage are applied.

(b) Bulk biosolids.

(1) When bulk biosolids are land applied and do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title (relating to Metal Limits), meets the Class A biosolids pathogen requirements in §312.82(a)(3) of this title (relating to Pathogen Reduction), and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title (relating to Vector Attraction Reduction), then the provisions of §312.42 of this title (relating to General Requirements) and §312.44 of this title (relating to Management Practices) do not apply with the exception of §312.44(a), (b), (h)(3), (j), and (m) of this title.

(A) When bulk biosolids are land applied that do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class AB pathogen requirements in §312.82(a)(2) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title, then §312.44(a), (b), (c)(2)(D) and (E), (d), (h)(1), (3), (5) and (6), (j), (l), and (m) of this title will apply to the land application of biosolids.

(B) When bulk biosolids are land applied that do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class AB pathogen requirements in §312.82(a)(2) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) in addition to (9) or (10) of this title, then the requirements in subparagraph (A) of this paragraph do not apply with the exception of §312.44(a), (b), (h)(3), (j), and (m) of this title.

(2) The executive director may apply any or all of §312.42 and §312.44 of this title to the bulk biosolids described in this subsection on a case-by-case basis after determining that the general requirements or management practices are needed to protect human health or the environment from any reasonably anticipated adverse effect that may occur from any metal in the bulk biosolids.

(c) General Requirements for Bulk Derived Materials.

(1) When derived material from biosolids are land applied and do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class A pathogen requirements in §312.82(a)(3) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title, then the provisions of §312.42 and §312.44 of this title do not apply with the exception of §312.44(a), (b), (h)(3), (j), and (m) of this title.

(A) When bulk biosolids are land applied that do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class AB pathogen requirements in §312.82(a)(2) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title, then §312.44(a), (b), (c)(2)(D) and (E), (d), (h)(1), (3), (5), and (6), (j), (l), and (m) of this title will apply to the land application of biosolids.

(B) When bulk biosolids are land applied that do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class AB pathogen requirements in §312.82(a)(2) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) in addition to (9) or (10) of this title, then the requirements in subsection (b)(1)(A) of this section do not apply with the exception of §312.44(a), (b), (h)(3), (j), and (m) of this title.

(2) The executive director may apply any or all of §312.42 and §312.44 of this title 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 human health or 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 biosolids are land applied; if the biosolids from which the bulk material is derived do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class A or Class AB pathogen requirements in §312.82(a) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title. The executive director may apply any or all of §312.42 and §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 human health or the environment from any reasonably anticipated adverse effect that may occur from any metal in the biosolids.

(e) Bagged biosolids. Section 312.42 and §312.44 of this title may not apply when biosolids are sold or given away in a bag or other container for land application if the biosolids do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class A or Class AB pathogen requirements in §312.82(a) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title.

(f) Bagged derived materials. Section 312.42 and §312.44 of this title may not apply when a material derived from biosolids are sold or given away in a bag or other container for land application if the derived material does not exceed the metal concentrations in §312.43(b) of this title, meets the Class A or Class AB pathogen requirements in §312.82(a) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title.

(g) Bagged materials. The requirements in this subchapter may not apply when a material derived from biosolids is sold or given away in a bag or other container for land application if the biosolids from which the material is derived do not exceed the metal concentrations in Table 3 of §312.43(b)(3) of this title, meets the Class A or Class AB pathogen requirements in §312.82(a) of this title, and meets one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title.

Source Note: The provisions of this §312.41 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542