(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 - G of this chapter (relating to Operations Requiring a Permit; Source-Separated Recycling; Household Hazardous Waste Collection; and End-Product Standards), and the air quality requirements in §332.8 of this title (relating to Air Quality Requirements). These operations are required to obtain a permit from the commission under Chapters 305 and 281 of this title (relating to Consolidated Permits; and Applications Processing):
  (1) operations that compost mixed municipal solid waste;
  (2) operations that add any amount of mixed municipal solid waste as a feedstock in the composting process; and
  (3) operations that commercially compost grease trap waste on or after September 1, 2003. Grease trap waste is material collected in and from an interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de-watering processes.
    (A) All proposed operations that compost any amount of grease trap waste must apply for a permit and must have a permit prior to operating.
    (B) Existing facilities that are composting grease trap waste under a current registration can continue to operate as authorized by that registration if:
      (i) the person holding the registration submits an application for a permit under Subchapter D of this chapter not later than the 30th day after receiving notice from the commission of the requirement to submit an application under Texas Health and Safety Code, §361.428(d); and
      (ii) the commission declares the application administratively complete on or before June 1, 2004.
(b) Registration required. The following compost operations are subject to the requirements found in §332.4 of this title, the requirements set forth in Subchapters C and G of this chapter (relating to Operations Requiring a Registration; and End-Product Standards), and the air quality requirements in §332.8 of this title:
  (1) operations that compost municipal sewage sludge, except those facilities that compost municipal sewage sludge with mixed municipal solid waste;
  (2) operations that compost positively-sorted organic materials from the municipal solid waste stream;
  (3) operations that compost source-separated organic materials not exempted under subsection (d) of this section;
  (4) operations that compost disposable diapers or paper products soiled by human excreta;
  (5) operations that compost the sludge byproduct generated from the production of paper if the executive director determines that the feedstock is appropriate under §332.33 of this title (relating to Required Forms, Applications, Reports, and Request to Use the Sludge Byproduct of Paper Production); and
  (6) operations that incorporate any of the materials set forth in paragraphs (1) - (5) 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.
(c) Operations requiring notification. The following operations are subject to all requirements set forth in Subchapter B of this chapter (relating to Operations Requiring a Notification), the general requirements found in §332.4 of this title, and the air quality requirements in §332.8 of this title:
  (1) operations that compost any source-separated meat, fish, dead animal carcasses, oils, greases, or dairy materials; and
  (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.
(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, the air quality requirements in §332.8 of this title, and are exempt from notification, registration, and permit requirements found in Subchapters B - D of this chapter. Operations under paragraphs (1) and (3) of this subsection are subject to the requirements of a Notice of Intent to Recycle under §328.4 and §328.5 of this title (relating to Limitations on Storage of Recyclable Materials; and Reporting and Recordkeeping Requirements):
  (1) operations that compost only materials listed in subparagraphs (A) and (B) of this paragraph:
    (A) source-separated yard trimmings, clean wood material, vegetative material, paper, and manure;
    (B) source-separated industrial materials listed in §332.4(10) of this title excluding those items listed in §332.4(10)(A), (F) - (H), and (J) of this title;
  (2) agricultural operations that generate and compost agricultural materials on-site;
  (3) mulching operations;
  (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) application of paper that is applied to land for use as an erosion control or a soil amendment; and
  (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; amended to be effective January 8, 2004, 29 TexReg 140; amended to be effective February 3, 2022, 47 TexReg 303