1. (a) Permits. Except where in conflict with other chapters in this title, a permit shall be required before any storage, processing, incineration, or disposal of sewage sludge, except for storage allowed pursuant to this section, §312.50 of this title (relating to the Storage and Staging of Sludge at Beneficial Use Sites), §312.61(c) of this title (relating to Applicability), and §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 §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 §312.5 of this title (relating to Relationship to Other Requirements).

2. (b) Notification of Certain Class A Land Application Activities.

   1. (1) If a sewage sludge meets the metal concentration limits in §312.43(b)(3) (Table 3) of this title (relating to Metal Limits), the Class A pathogen reduction requirements in §312.82(a) of this title (relating to Pathogen Reduction), and one of the requirements in §312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction), it will not be subject to the requirements of §312.10 of this title (relating to Permit and Registration Applications Processing), §312.12 of this title (relating to Registration of Land Application Activities), and §312.13 (relating to Actions and Notices), except as provided in this subsection.

   2. (2) At least 30 days prior to engaging in such activity for the first time, any generator in Texas or any person who first conveys sewage sludge from out of state into the State of Texas 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:

      1. (A) sewage sludge composition, all points of generation, and wastewater treatment facility identification;
      2. (B) name, address, and telephone number of all persons who are being proposed to receive the sewage sludge directly from the generator;

      3. (C) a description in a marketing and distribution plan which describes any activities:

         1. (i) 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;
         2. (ii) methods of distribution, marketing, handling, and transportation of the sewage sludge;
         3. (iii) a reasonable estimate of the expected quantity of sewage sludge to be generated or handled by the person making the notification; and
         4. (iv) 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. (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 the person conveying the sewage sludge into Texas 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 §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. (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 persons who convey out of state sewage sludge into Texas, the amounts provided from this person directly to any initial receivers.

3. (c) Registration of Land Application Sites.

   1. (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 §312.12 of this title (relating to Registration of Land Application Activities) and the requirements of §312.13 of this title (relating to Actions and Notice).

   2. (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 §312.12(c) of this title. Site registration information on file with the commission shall be confirmed or updated, in writing, whenever:

      1. (A) the mailing address and/or telephone number of the owner or operator is changed; or
      2. (B) requested by the commission or executive director.
4. (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.
5. (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.

Source Note:The provisions of this §312.4 adopted to be effective October 13, 1995, 20 TexReg 7840.