(a) General requirements.
  (1) Any composting or mulching operation that has existing authority under the Texas Clean Air Act does not have to meet the air quality criteria of this subchapter. Under Texas Clean Air Act, §382.051, any new composting or mulching operation that meets all of the applicable requirements of this subchapter is entitled to an air quality standard permit authorization under this subchapter in lieu of the requirement to obtain an air quality permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification).
  (2) Those composting or mulching operations that would otherwise be required to obtain air quality authorization under Chapter 116 of this title and that cannot satisfy all of the requirements of this subchapter, shall apply for and obtain air quality authorization under Chapter 116 of this title in addition to any notification, registration, or permit required in this subchapter.
  (3) Any composting or mulching operation authorized under this chapter that is a new major source or any modification that constitutes a major modification under nonattainment review or prevention of significant deterioration review as amended by the Federal Clean Air Act amendments of 1990, and regulations promulgation thereunder, is subject to the requirements of Chapter 116 of this title, in addition to any notification, registration, or permit required in this chapter.
  (4) Composting facilities that do not wish to comply with the requirements of this section are required to apply for and obtain air quality authorization under Chapter 116 of this title. Once a person has applied for and obtained air quality authorization under Chapter 116 of this title, the person is exempt from the air quality requirements of this chapter.
  (5) No person may concurrently hold an air quality permit issued under Chapter 116 of this title and an air quality standard permit authorized under this chapter for composting or mulching operations at the same site.
  (6) Composting or mulching operations that have authorization under this chapter shall comply with the general requirements in §332.4 of this title (relating to General Requirements), and subsections (b), (c), (d), or (e) of this section.
  (7) The operator of a composting or mulching operation operating under an air quality standard permit shall maintain on file at all times and make immediately available documentation that shows compliance with this section.
(b) Exempt operations. Composting and mulching operations that are considered exempt operations under §332.3(d) of this title (relating to Applicability), and that meet the following requirements are entitled to an air quality standard permit.
  (1) If the total volume of materials to be mulched and/or composted, including in-process and processed materials at any time is greater than 2,000 cubic yards, the setback distance from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product must be at least 50 feet.
  (2) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, or paved and cleaned as necessary to achieve maximum control of dust emissions. Vehicular speeds on non-paved roads shall not exceed ten miles per hour.
  (3) Except for initial start-up and shut-down, the receiving chamber on all grinders shall be adequately filled prior to commencement of grinding and remain filled during grinding operations to minimize emissions from the receiving chamber or grinding operations shall occur inside an enclosed structure. In addition, all grinders not enclosed inside a building shall be equipped with low-velocity fog nozzles spaced to create a continuous fog curtain or the operator shall have portable watering equipment available during the grinding operation. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
  (4) All conveyors that off-load materials from grinders at a point that is not enclosed inside a building shall have available a water or mechanical dust suppression system. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
  (5) If there are any changes to the composting or mulching operation that would reclassify it from an exempt operation to a notification, registration, or permit facility as authorized under §332.3 of this title, the operation shall obtain an air quality standard permit for a notification, registered, or permitted composting operation.
(c) Notification operations. Composting operations required to notify under §332.3(c) of this title that meet the following requirements are entitled to an air quality standard permit.
  (1) The setback distance from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product must be at least 50 feet.
  (2) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, or paved and cleaned as necessary to achieve maximum control of dust emissions. Vehicular speeds on non-paved roads shall not exceed ten miles per hour.
  (3) Prior to receiving any material with a high odor potential such as, but not limited to, dairy material feedstocks, meat, fish, and oil and grease feedstocks, the operator shall ensure that there is an adequate volume of bulking material to blend with/cover the material, and shall begin processing the material in a manner that prevents nuisances.
  (4) Except for initial start-up and shut-down, the receiving chamber on all grinders shall be adequately filled prior to commencement of grinding and remain filled during grinding operations to minimize emissions from the receiving chamber or grinding operations shall occur inside an enclosed structure. In addition, all grinders not enclosed inside a building shall be equipped with low-velocity fog nozzles spaced to create a continuous fog curtain or the operator shall have portable watering equipment available during the grinding operation. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
  (5) All conveyors that off-load materials from grinders at a point that is not enclosed inside a building shall have available a water or mechanical dust suppression system. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
  (6) If there are any changes to the composting or mulching operation that would reclassify it from a notification operation to a registration or permit operation as authorized under §332.3 of this title, the operation shall obtain an air quality standard permit for a registered or permitted composting operation.
(d) Registered operations. Composting operations required to obtain a registration under §332.3(b) of this title that meet the following requirements are entitled to an air quality standard permit.
  (1) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, or paved and cleaned as necessary to achieve maximum control of dust emissions. Vehicular speeds on non-paved roads shall not exceed ten miles per hour.
  (2) Prior to receiving any material with a high odor potential such as, but not limited to, dairy material feedstocks, sewage sludge, meat, fish, and oil and grease feedstocks, the operator shall ensure that there is an adequate volume of bulking material to blend with or cover the material, and shall begin processing the material in a manner that prevents nuisances.
  (3) All material shall be conveyed mechanically, or if conveyed pneumatically, the conveying air shall be vented to the atmosphere through a fabric filter(s) having a maximum filtering velocity of 4.0 ft/min with mechanical cleaning or 7.0 ft/min with air cleaning.
  (4) Except for initial start-up and shut-down, the receiving chamber on all grinders shall be adequately filled prior to commencement of grinding and remain filled during grinding operations to minimize emissions from the receiving chamber or grinding operations shall occur inside an enclosed structure. In addition, all grinders not enclosed inside a building shall be equipped with low-velocity fog nozzles spaced to create a continuous fog curtain or the operator shall have portable watering equipment available during the grinding operation. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
  (5) All conveyors that off-load materials from grinders at a point that is not enclosed inside a building shall have available a water or mechanical dust suppression system. These controls shall be utilized as necessary for maximum control of dust when stockpiling ground material.
Cont'd...