1. (a) Sewage sludge--Class A.

   1. (1) Compliance requirements--Class A.

      1. (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.
      2. (B) The requirements of the chosen alternative for pathogen reduction from paragraph (2) of this subsection shall be met prior to or at the same time as the vector attraction reduction requirements, except the requirements in paragraphs §312.83(b)(6)-(8) of this title (relating to Vector Attraction Reduction).
      3. (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 §312.41(b), (c), (e) or (f) of this title (relating to Applicability).

   2. (2) Compliance alternatives--Class A.

      1. (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.

         1. (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.

2. (b) Sewage sludge--Class B.

   1. (1) Compliance requirements--Class B.

      1. (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.
      2. (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.
      3. (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. (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:

      1. (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;
      2. (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;
      3. (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 or other responsible official who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the permittee, 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;
      4. (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;
      5. (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
      6. (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. (3) Site restrictions.

      1. (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.
      2. (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.
      3. (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.
      4. (D) Food crops, feed crops and fiber crops shall not be harvested for at least 30 days after application of sewage sludge.
      5. (E) Animals shall not be allowed to graze on the land for at least 30 days after application of sewage sludge.
      6. (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.
      7. (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.
      8. (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.

3. (c) Domestic septage.

   1. (1) The site restrictions in subsection (b) paragraph (3) of this section shall be met if domestic septage is applied to agricultural land, forest, or a reclamation site.
   2. (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.

Source Note:The provisions of this §312.82 adopted to be effective October 13, 1995, 20 TexReg 7840.