Composting and Mulching: Am I Regulated?

If you compost, mulch, or land-apply, or accept for composting, mulching, or land-application only source-separated yard-trimmings, clean wood material, vegetative material, paper, and manure, your operation will be exempt from permit, registration, and notification requirements, provided it complies with Title 30 Texas Administrative Code (30 TAC) Chapter 332, Section (§) 332.3(d) (relating to Composting, Applicability). Other operations will require a notification, registration, or permit, depending on the material being processed and the location of the operation.

• Exempt operations
• Operations requiring a compost notification
• Operations requiring a compost registration
• Operations requiring a compost permit
• Information for all Composting and Mulching Operations

If your composting or mulching operation involves storing combustible material outdoors or poses a significant risk to public health and safety, you may also be required to establish financial assurance for closure of the facility.

Requirements for Exempt Composting and Mulching Operations

The following activities are exempt from the TCEQ compost permit, registration, and notification requirements by 30 TAC § 332.3(d):

• Composting of source-separated yard trimmings, clean wood material, vegetative material, paper, and manure
• Composting of agricultural materials generated and composted on agricultural sites
• Mulching
• 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
• Application of paper as an erosion control or soil amendment
• On-site composting of nonhazardous industrial waste at a facility that is in compliance with 30 TAC § 335.2 (relating to Permit Required) and § 335.6(a) (relating to Notification Requirements)

provided that the operation complies with:

• General requirements in 30 TAC § 332.4, and
• Air quality requirements in 30 TAC § 332.8

Operations that compost or mulch yard-trimmings, clean wood material, vegetative material, paper, and manure must also:

• Comply with applicable limitations on storage of recyclable materials (30 TAC § 328.4), unless excluded by § 328.4(a)
• Comply with, submit, and establish the following, unless excluded by 30 TAC § 328.5(a):
  
  
  • Reporting and recordkeeping requirements (30 TAC § 328.5)
  • Notice of Intent to Operate a Recycling Facility (Form TCEQ-20049)
  • TCEQ Core Data Form (Form TCEQ-10400)
  • Financial assurance for closure

See also information for all composting and mulching operations.

Composting and Mulching Operations Requiring a Compost Notification

You will need to submit a compost notification to the TCEQ in accordance with 30 TAC § 332.3(c) and 30 TAC Chapter 332, Subchapter B, if you compost any of the following materials:

• Source-separated meat, fish, dead animal carcasses, or dairy materials
• Source-separated meat and vegetable oils and greases

using the following forms:

• Notice of Intent to Operate a Compost Facility (Compost Form No. 1) (Form TCEQ-0651) (in PDF)
• TCEQ Core Data Form (Form TCEQ-10400)

If your operation involves storing combustible material outdoors or poses a significant risk to public health and safety, you will also need to establish financial assurance for closure, unless your facility is excluded by 30 TAC § 328.5(a).

See also information for all composting and mulching operations.

Compost Facilities Requiring a Registration

You will need to obtain a compost registration from the TCEQ, as required by 30 TAC § 332.3(b) if you compost any of the following materials:

• Municipal sewage sludge (exception: operations that compost municipal sewage sludge mixed with municipal solid waste require a permit)
• Positively sorted organic materials in addition to those feedstocks at the exempt tier
• Disposable diapers
• Paper sludges (evaluated on a case-by-case basis)

To apply for a compost registration, you must submit an application in accordance with 30 TAC Chapter 332, Subchapter C and Subchapter G, and the following forms:

• Notice of Intent to Apply for a Compost Facility Permit or Registration (Compost Form No. 2 and 3, consolidated) (Form TCEQ-0653) (in PDF)
• TCEQ Core Data Form (Form TCEQ-10400)

In addition, you will need to comply with the end-product standards referenced in 30 TAC § 332.37(11) and submit semiannual and annual reports:

• Requirements for sampling and analysis, documentation, and reporting of final product characteristics (30 TAC § 332.71)
  
  

  A note about exemption from TCEQ laboratory accreditation:

  • All data submitted to the TCEQ after July 1, 2008, must be prepared by a laboratory accredited by the TCEQ unless the program area determines that an exemption applies under 30 TAC §25.6(4). The Municipal Solid Waste (MSW) Permits Section has determined that MSW composting facilities may use analytical data prepared by a laboratory certified under the U.S. Composting Council Seal of Testing Assurance (STA) Program, using the Test Methods for the Examination of Composting and Compost (TMECC) protocols, to demonstrate compliance with end-product standards specified in 30 TAC Chapter 332. Compost end-product testing, including testing for heavy metals using EPA test methods may be performed by laboratories that certify compliance with STA program rules in lieu of accreditation by the TCEQ.
  
  
• Final Product Report for Registered or Permitted Composting Facilities (Form TCEQ-20194)

If your composting or mulching operation involves storing combustible material outdoors or poses a significant risk to public health and safety, you may also be required to establish financial assurance for closure of the facility.

See also information for all composting and mulching operations.

Compost Facilities Requiring a Permit

You will need to obtain a compost permit from the TCEQ as required by 30 TAC § 332.3(a) if you compost any of the following materials:

• Grease-trap wastes
• Mixed municipal solid waste that is not positively sorted

To apply for a compost permit, you must submit an application in accordance with 30 TAC Chapter 330, Section 330.1(d), and Chapter 332, Subchapters D, E, F, and G, and include the following forms:

• Notice of Intent to Apply for a Compost Facility Permit or Registration (Compost Form No. 2 and 3, consolidated) (Form TCEQ-0653) (in PDF)
• TCEQ Core Data Form (Form TCEQ-10400)

In addition, you will need to comply with the end-product standards referenced in 30 TAC § 332.45(11) and submit monthly and annual reports:

• Requirements for sampling and analysis, documentation, and reporting of final product characteristics (30 TAC § 332.71)
  
  

  A note about exemption from TCEQ laboratory accreditation:

  • All data submitted to the TCEQ after July 1, 2008, must be prepared by a laboratory accredited by the TCEQ unless the program area determines that an exemption applies under 30 TAC §25.6(4). The Municipal Solid Waste (MSW) Permits Section has determined that MSW composting facilities may use analytical data prepared by a laboratory certified under the U.S. Composting Council Seal of Testing Assurance (STA) Program, using the Test Methods for the Examination of Composting and Compost (TMECC) protocols, to demonstrate compliance with end-product standards specified in 30 TAC Chapter 332. Compost end-product testing, including testing for heavy metals using EPA test methods may be performed by laboratories that certify compliance with STA program rules in lieu of accreditation by the TCEQ.
  
  
• Final Product Report for Registered or Permitted Composting Facilities (Form TCEQ-20194)

See also information for all composting and mulching operations.

Financial Assurance Requirements for Composting and Mulching Facilities

If you store combustible material outdoors or your composting or mulching operation poses a significant risk to public health and safety, you are required to establish financial assurance in accordance with 30 TAC § 328.5(c)–(e) for notification-tier facilities (unless excluded by 30 TAC § 328.5(a)), registration-tier facilities, and certain exempt facilities, or in accordance with 30 TAC § 332.47(9) for permitted facilities. The following documents provide additional information:

• Guidelines for Complying with Financial Assurance Requirements for Recycling, Composting, and Mulching Facilities (in PDF)
• Financial Assurance for Recycling, Composting, and Mulching Facilities - Summary of Adopted Rules (in PDF)

Information for all Composting and Mulching Facilities

The composting rules address composting, mulching and land application, and the beneficial reuse of nonhazardous organic materials. It is anticipated that the majority of composted materials will be diverted from the municipal waste stream; however, the rules also address agricultural materials, sludge, and other organic materials diverted from the industrial waste stream.

• Composting rules (30 TAC Chapter 332)
• Requirements for Nonhazardous Recycling and Composting Facilities (RG-410)
• Table summarizing applicability of rules affecting recycling activities and facilities (in PDF)
• Composting refund

All composting and mulching facilities are required to follow the general requirements in 30 TAC § 332.4 and the air quality requirements in § 332.8, which include compliance with all applicable state and federal laws. All activities must be conducted in a manner that prevents the discharge of material to or pollution of surface water or groundwater, the creation of a nuisance, or the endangerment of the public health and welfare, or the environment.

• In accordance with 30 TAC § 332.8, qualifying composting and mulching facilities may pursue an air quality standard permit instead of a site-specific air quality permit.
  
• The discharge of wastewater and certain types of storm water into or adjacent to water in the state must be authorized by a water quality permit. In particular, a water quality permit is required for wastewater discharges from livestock manure composting operations.

Contact us if you have questions about composting or mulching material from a municipal solid waste stream.