SECTION 332.72. Final Product Grades

(a) Applicability. Facilities that receive a registration or permit under this chapter are required to test final product in accordance with this section. Final product derived from municipal sewage sludge at registered facilities is not subject to the requirements of this section, but it must comply with the requirements of Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation).

(b) Grades. Compost material that has undergone the composting process and is ready for distribution shall be considered final product, and shall be classified with one of the following grade names:

(1) Grade 1 Compost;

(2) Grade 2 Compost;

(3) Waste Grade Compost.

(c) Final product testing. Final product shall be regularly tested pursuant to §332.71 of this title (relating to Sampling and Analysis Requirements for Final Product) to determine the product's grade. Testing of final product and interpretation of test results shall be conducted in accordance with the agency's current Quality Assurance Project Plan, or, in the case of facilities with agency permits or registrations, the Quality Assurance Quality Control Plan specified in the facility's permit.

(d) Final product classification. Final product shall be classified according to the following classification system.

(1) Grade 1 Compost. To be considered Grade 1 Compost, the final product must meet all of the following criteria:

(A) Shall contain no foreign matter of a size or shape that can cause human or animal injury;

(B) Shall not exceed all Maximum Allowable Concentrations for Grade 1 Compost in Table 1 of this section;

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(C) Shall not contain foreign matter in quantities that cumulatively are greater than 1.5% dry weight on a 4mm screen;

(D) Shall meet the requirements of cured compost as described in Table 2 of this section;

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(E) Shall meet the requirements for pathogen reduction for Grade 1 Compost as described in Table 3 of this section; and

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(F) Shall meet the requirements for salinity and pH for Grade 1 Compost as described in Table 3 of this section.

(2) Grade 2 Compost:

(A) Shall contain no foreign matter of a size or shape that can cause human or animal injury;

(B) Shall not exceed all Maximum Allowable Concentrations for Grade 2 Compost in Table 1 of this section at a compost organic matter content that is equivalent to a mature compost when maturity is determined by reduction in organic matter during the interim period or a maturity test that is part of an approved maturity test protocol;

(C) Shall not contain foreign matter in quantities that cumulatively are greater than 1.5% dry weight on a 4mm screen;

(D) Shall meet the requirements of semi-mature compost, mature compost, or cured compost as described in Table 2 of this section;

(E) Shall meet the requirements for pathogen reduction for Grade 2 Compost as described in Table 3 of this section; and

(F) Shall meet the requirements for salinity and pH for Grade 2 Compost as described in Table 3 of this section.

(3) Waste Grade Compost:

(A) Exceeds any one of the Maximum Allowable Concentrations for Grade 2 final product in Table 1 of this section; and

(B) Does not meet the other requirements of Grade 1 or Grade 2 Compost.

(e) Maturity adjustment. Compost that is semi-mature or mature shall have the metal concentrations adjusted to reflect the metal concentration that would occur if the compost met the criteria for a cured compost as described in Table 2, "Maturity and Stability Standards."

(f) Waste grade final product. Any material that does not meet the final product standards shall be appropriately disposed at a permitted municipal solid waste facility.

Source Note: The provisions of this §332.72 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective February 3, 2022, 47 TexReg 303