SECTION 332.33. Required Forms, Applications, Reports, and Request to Use the Sludge Byproduct of Paper Production

(a) The operator of the compost facility shall submit the following.

(1) Registration application form. The operator shall submit a registration application form available from the executive director.

(2) Registration application. The registration application described in §332.34 of this title (relating to Registration Application).

(3) Reports.

(A) Final products.

(i) Semiannual reports. Facilities requiring registration must submit reports on final product testing to the executive director in compliance with §332.71(j)(1) of this title (relating to Sampling and Analysis Requirements for Final Product) on a semiannual basis.

(ii) Annual reports. The operator shall submit annual written reports. These reports shall at a minimum include input and output quantities, a description of the end-product distribution, and all results of any required laboratory testing. A copy of the annual report shall be kept on-site for a period of five years.

(B) Received materials. All registered facility operators shall follow the same reporting requirements for received materials as established in §332.43(2)(B) of this title (relating to Required Forms, Applications, and Reports).

(4) Fees. Registered compost facilities shall follow the same fee requirements as permitted compost facilities established in §332.43(3) of this title.

(b) In order to use the sludge byproduct of paper production as a composting feedstock, the operator must first receive permission from the executive director.

(1) The operator shall submit a request to the executive director to use the sludge byproduct as a feedstock. The request may also be submitted with a registration application.

(2) At a minimum, the request shall present all of the following:

(A) identification of the source of the sludge byproduct;

(B) a general description of the process that produces the sludge byproduct including the use of any elemental chlorine bleaches used in the process;

(C) analytical results that identify concentrations for polychlorinated dibenzo-p-dioxins (CCDs) and polychlorinated dibenzofurans (CDFs); and

(D) a demonstration that the final product will not be harmful to human health or the environment.

(3) The executive director shall, after review of the request, determine approval or denial of the request.

(4) An operator that receives approval from the executive director to include the sludge byproduct of paper production as a composting feedstock shall submit a new request to the executive director in accordance with this subsection if a significant change, such as a new source for the feedstock, is planned.

Source Note: The provisions of this §332.33 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective February 3, 2022, 47 TexReg 303