Current through Register Vol. 38, No. 18, March 15, 2024
(a) Compost or mulch that is produced at a
Type 1 facility, is free from offensive odor, contains no sharp particles, and,
for compost, has met the temperature requirements in Rule .1406(11) of this
Section shall be classified Grade A and have unrestricted application and
distribution. Compost analytical testing shall not be required for Type 1
compost if temperature requirements in Rule .1406(11) of this Section have been
met and documented.
(b) Compost
produced from Type 2, 3, and 4 facilities shall be sampled and analyzed as
follows:
(1) a composite sample of the compost
produced at each compost facility shall be analyzed at intervals of every
20,000 tons of compost produced or every six months, whichever comes first, for
metals and pathogens;
(2) compost
samples shall be analyzed for the metals listed in
40 CFR
503.13(b)(3), except that
analysis for mercury shall not be required for Type 2 and 3 facilities, and
analysis for arsenic and selenium shall not be required for Type 2 facilities.
The concentration of metals in compost offered for sale or distribution to the
public shall not exceed the pollutant concentration limits listed in
40 CFR
503.13(b)(3).
40 CFR
503.13 and
40 CFR 503.32 are incorporated by
reference including subsequent amendments and editions. Copies of the Code of
Federal Regulations may be obtained from the U.S. Government Publishing Office
website at
www.gpo.gov at no cost;
(3) compost samples shall be analyzed for
pathogens, either for fecal coliform or salmonella bacteria. The concentration
of pathogens in compost offered for sale or distribution to the public shall
not exceed the concentration limits listed in
40 CFR
503.32(a)(3);
(4) sample collection, preservation, and
analysis shall assure valid and representative results. At least three
individual samples of equal volume shall be taken from each batch produced in
separate areas along the side of the batch. Each sampling point shall be
sampled from a depth of two to six feet into the pile from the outside surface
of the pile as follows:
(A) metals samples
shall be composited and accumulated over a six-month period or at intervals of
every 20,000 tons of product produced, whichever comes first; and
(B) pathogens samples shall be a
representative composite sample of the compost and shall be processed within a
period of time required by the testing procedure;
(5) analytical testing methods shall be in
accordance with the procedures of one of the following:
(A) EPA publication SW-846, "Test Methods for
Evaluating Solid Waste: Physical/Chemical Methods." This document is
incorporated by reference, including subsequent amendments and editions, and
may be obtained free of charge at
https://www.epa.gov/hw-sw846;
(B) the U.S. Department of Agriculture/U.S.
Compost Council publication "Test Methods for the Examination of Composting and
Compost" (TMECC). This document is incorporated by reference including
subsequent amendments and editions, and may be obtained for a fee of three
hundred fifty dollars ($350.00) at
https://compostingcouncil.org/tmecc/
or a copy may be reviewed free of charge at the Division of Waste Management,
Solid Waste Section office at 217 West Jones Street, Raleigh, N.C. 27603;
or
(C) other methods that are
approved by the Division as providing equivalent standards of analysis;
and
(6) the Division may
decrease or increase the parameters to be analyzed or the frequency of analysis
based upon monitoring data, changes in the waste stream or processing, or
information regarding the potential for the presence of contaminants that are
not required to be analyzed in this Paragraph.
(c) Compost produced from Types 2, 3, and 4
facilities that meet the requirements of Subparagraphs (b)(2) and (b)(3) of
this Rule shall be classified Grade A compost and shall have unlimited,
unrestricted distribution, except as otherwise determined by the Division based
on analyses of parameters pursuant to Subparagraph (b)(6) of this
Rule.
(d) The facility operator
shall be responsible for meeting the requirements of the North Carolina
Department of Agriculture and Consumer Services Plant Industry Division Seed
and Fertilizer Section concerning the distribution of this product.