1. (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 must comply with the requirements of Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation).

2. (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. (1) Grade 1 Compost;
   2. (2) Grade 2 Compost;
   3. (3) Waste Grade Compost.
3. (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 Texas Natural Resource Conservation Commission's current Quality Assurance Program Plan, or, in the case of facilities with TNRCC permits or registrations, the Quality Assurance Quality Control Plan specified in the facility's permit.

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

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

      1. (A) Shall contain no foreign matter of a size or shape that can cause human or animal injury;
      2. (B) Shall not exceed all Maximum Allowable Concentrations for Grade 1 Compost in Table 1 of this section;
5. (e) Maturity adjustment. Compost which is semi-mature or mature shall have the metal concentrations adjusted to reflect the metal concentration which would occur if the compost met the criteria for a cured compost as described in Table 2, "Maturity and Stability Standards."
6. (f) Waste grade final product. Any material which 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.