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

   1. (1) TNRCC Form Number 2. The operator shall submit TNRCC Form Number 2, "Notice of Intent to Apply for a Compost Facility Registration or Permit," available from the commission; and
   2. (2) Registration application. The registration application described in §332.34 of this title (relating to Registration Application).
   3. (3) Annual report. The operator shall submit annual written reports using TNRCC Form Number 3, "Annual Report Form for Compost Facilities Requiring Registration or Permit," available from the commission. 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.
   4. (4) Final product testing report. 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.

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

      1. (A) identification of the source of the sludge byproduct;
      2. (B) a general description of the process that produces the sludge byproduct including the use of any elemental chlorine bleaches used in the process;
      3. (C) analytical results that identify concentrations for polychlorinated dibenzo-p-dioxins (CCDs) and polychlorinated dibenzofurans (CDFs); and
      4. (D) a demonstration that the final product will not be harmful to human health or the environment.
   3. (3) The executive director or his designee shall, after review of the request, determine if he will approve or deny the request.
   4. (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.