1. (a) Permit required. The following compost operations are subject to the general requirements found in §332.4 of this title (relating to General Requirements), and the requirements set forth in Subchapters D, E, F, and G of this title (relating to Operations Requiring a Permit; Source-Separated Recycle; and Household Hazardous Waste Collection; End-Product Standards), and the air quality requirements in §332.8 of this title (relating to Air Quality Requirements). These facilities are required to obtain a permit from the commission pursuant to Chapters 305 of this title (relating to Consolidated Permits) and 281 of this title (relating to Application Processing).

   1. (1) Operations that compost mixed municipal solid waste.
   2. (2) Operations that add any amount of mixed municipal solid waste as a feedstock in the composting process.

2. (b) Registration required. The following compost operations are subject to the requirements of the General Requirements found in §332.4 of this title (relating to General Requirements), the requirements set forth in Subchapters C and G of this title (relating to Operations Requiring a Registration; and End-Product Standards), and the air quality requirements in §332.8 of this title (relating to Air Quality Requirements).

   1. (1) Operations that compost municipal sewage sludge, except those facilities that compost municipal sewage sludge with mixed municipal solid waste.
   2. (2) Operations that compost positively-sorted organic materials from the municipal solid waste stream.
   3. (3) Operations that compost source-separated organic materials not exempted under subsection (d) of this section.
   4. (4) Operations that compost grease trap waste.
   5. (5) Operations that compost disposable diapers or paper products soiled by human excreta.
   6. (6) Operations that compost the sludge byproduct generated from the production of paper if the executive director determines that the feedstock is appropriate pursuant to §332.33 of this title (relating to Required Forms, Applications, Reports, and Request to Use the Sludge Byproduct of Paper Production).
   7. (7) Operations that incorporate any of the materials set forth in paragraphs (1) - (6) of this subsection with source-separated yard trimmings, clean wood material, vegetative material, paper, manure, meat, fish, dairy, oil, grease materials or dead animal carcasses.

3. (c) Operations requiring notification. The following operations are subject to all requirements set forth in Subchapter B of this title (relating to Operations Requiring Notification), the general requirements found in §332.4 of this title (relating to General Requirements), and the air quality requirements in §332.8 of this title (relating to Air Quality Requirements):

   1. (1) Operations that compost any source-separated meat, fish, dead animal carcasses, oils, greases, or dairy materials.
   2. (2) Operations that incorporate any of the materials set forth in paragraph (1) of this subsection with source-separated yard trimmings, clean wood material, vegetative material, paper, or manure.

4. (d) Operations exempt from facility notification, registration, and permit requirements. The following operations are subject to the general requirements found in §332.4 of this title (relating to General Requirements), and the air quality requirements in §332.8 of this title (relating to Air Quality Requirements), and exempt from notification, registration and permit requirements found in Subchapter B of this chapter (relating to Operations Requiring Notification), Subchapter C of this chapter (relating to Requirements for Registered Facilities), and Subchapter D of this chapter (relating to Permit Required). Operations under paragraphs (1) and (3) of this subsection are subject to the requirements of an exempt recycling facility under §328.4 and §328.5 of this title (relating to Limitations on Storage of Recyclable Materials; and Reporting and Recordkeeping Requirements).

   1. (1) Operations that compost only materials listed in subparagraphs (A) and (B) of this paragraph.

      1. (A) Source-separated yard trimmings, clean wood material, vegetative material, paper, and manure.
      2. (B) Source-separated industrial materials listed in §332.4(10) of this title (relating to General Requirements) excluding those items listed in §332.4(10)(A), (F), (G), (H), and (J) of this title.
   2. (2) Agricultural operations that generate and compost agricultural materials on-site.
   3. (3) Mulching operations.
   4. (4) Land application of yard trimmings, clean wood materials, vegetative materials, and manure at rates below or equal to agronomic rates as determined by the Texas Agricultural Extension Service.
   5. (5) Application of paper that is applied to land for use as an erosion control or a soil amendment.
   6. (6) On-site composting of industrial solid waste at a facility that is in compliance with §335.2 of this title (relating to Permit Required) and §335.6 of this title (relating to Notification Requirements).

Source Note:The provisions of this §332.3 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 12, 2002, 27 TexReg 8593.