(a) Applicability. Facilities that receive a registration under this subchapter are required to test their final product in accordance with this section.
(b) Analytical methods. Facilities that use analytical methods to characterize their final product must use methods such as those described in the following publications.
  (1) Chemical and physical analysis shall utilize:
    (A) "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" (SW-846); or
    (B) "Methods for Chemical Analysis of Water and Wastes" (EPA-600).
  (2) Analysis of pathogens shall utilize "Standard Methods for the Examination of Water and Wastewater" (Water Pollution Control Federation, 1995).
  (3) Analysis for salinity and pH shall utilize North Central Regional (NCR) Method 14 for Saturated Media Extract Method contained in "Recommended Test Procedure for Greenhouse Growth Media" NCR Publication Number 221 (Revised), Recommended Chemical Soil Test Procedures, Bulletin Number 49 (Revised), October 1988, pages 34-37.
  (4) Analysis of total, fixed, and volatile solids shall utilize Method 2540 G (Total, Fixed, and Volatile Solids in Solid and Semi-solid Samples) as described in "Standard Methods for the Examination of Water and Wastewater" (Water Pollution Control Federation, 1995).
(c) Sample collection. Sample collection, preservation, and analysis shall assure valid and representative results in accordance with Subchapter F of this chapter (relating to Analytical Quality Assurance and Quality Control).
(d) Documentation.
  (1) Owners or operators of registered facilities shall record and maintain all of the following information regarding their activities of operation for three years after the final product is shipped off-site or upon facility closure:
    (A) batch numbers identifying the final product sampling batch;
    (B) the quantities, types, and sources of materials processed and the dates processed;
    (C) the quantity and final product grade assigned described in §330.615 of this title (relating to Final Soil Product Grades and Allowable Uses);
    (D) the date of sampling; and
    (E) all analytical data used to characterize the final product, including laboratory quality assurance/quality control data.
  (2) The following records shall be maintained on-site permanently or until facility closure:
    (A) sampling plan and procedures;
    (B) training and certification records of staff; and
    (C) final soil product test results.
  (3) Records shall be available for inspection by executive director representatives during normal business hours.
  (4) The executive director may at any time request by registered or certified mail that a soil generator submit copies of all documentation listed in paragraph (1) of this subsection for auditing the final soil product grade. Documentation requested under this section shall be submitted within ten working days of receipt of the request.
(e) Sampling frequencies. All final soil product must be sampled and assigned a final product grade set forth in §330.615 of this title at a minimum rate of one sample for every 5,000 cubic yard batch of final soil product or annually, whichever is more frequent. Each sample will be a composite of nine grab samples as discussed in subsection (f) of this section.
(f) Sampling requirements. The operator shall utilize the protocol specified in Subchapter F of this chapter. The executive director may at any time request that split samples be provided to an agency representative. Specific sampling requirements that must be satisfied include those listed in paragraphs (1) and (2) of this subsection.
  (1) Sampling from stockpiles. One-third of the grab samples shall be taken from the base of the stockpile (at least 12 inches into the pile at ground level), one-third from the exposed surface, and one-third from a depth of two feet from the exposed surface of the stockpile.
  (2) Sampling from conveyors. Sampling times shall be selected randomly at frequencies that provide the same number of subsamples per volume of mined soil product as is required in subsection (d) of this section.
    (A) If samples are taken from a conveyor belt, the belt shall be stopped at that time. Sampling shall be done along the entire width and depth of the belt.
    (B) If samples are taken as the material falls from the end of a conveyor, the conveyor does not need to be stopped. Free-falling samples need to be taken to minimize the bias created as larger particles segregate or heavier particles sink to the bottom as the belt moves. In order to minimize sampling bias, the sample container shall be moved in the shape of a "D" under the falling product to be sampled. The flat portion of the "D" shall be perpendicular to the beltline. The circular portion of the "D" shall be accomplished to return the sampling container to the starting point in a manner so that no product to be sampled is included.
(g) Analytical requirements. The final product subject to the sampling requirements of this section will be tested for all of the following parameters. The executive director may at any time request that additional parameters be tested. These parameters are intended to address public health and environmental protection:
  (1) total metals, to include:
    (A) arsenic;
    (B) cadmium;
    (C) chromium;
    (D) copper;
    (E) lead;
    (F) mercury;
    (G) molybdenum;
    (H) nickel;
    (I) selenium; and
    (J) zinc;
  (2) weight percent of foreign matter, dry weight basis;
  (3) pH by the saturated media extract method;
  (4) salinity by the saturated media extract electrical conductivity method;
  (5) pathogens:
    (A) salmonella; and
    (B) fecal coliform;
  (6) polychlorinated-biphenyls; and
  (7) asbestos.
(h) Data precision and accuracy. Analytical data quality shall be established as specified in Subchapter F of this chapter.
(i) Reporting requirements.
  (1) Facilities must report the following information to the executive director on a semiannual basis for each sampling batch of final soil product. Reports must include, but may not be limited to, all of the following information:
    (A) batch numbers identifying the final soil product sampling batch;
    (B) the quantities and types of waste materials processed and the dates processed;
    (C) the quantity of final soil product;
    (D) the final soil product grade or permit number of the disposal facility receiving the final product if it is not Grade 1 or Grade 2 as established in §330.615 of this title;
    (E) all analytical results used to characterize the final soil product, including laboratory quality assurance/quality control data and chain-of-custody documentation; and
    (F) the date of sampling.
  (2) Reports must be submitted to the executive director within two months after the reporting period ends.

Source Note: The provisions of this §330.613 adopted to be effective March 27, 2006, 31 TexReg 2502