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Composting and Mulching: Am I Regulated?

Requirements for composting or mulching source-separated materials, and materials diverted from a municipal solid waste stream. Links to guidance and forms.

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. In addition, composting and mulching are recycling activities, therefore, composting and mulching facilities are also recycling facilities and must comply with applicable storage, reporting, and recordkeeping requirements for recycling facilities.

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Composting and Mulching Rules and Assistance

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.

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Composting Vegetative Material, Clean Wood, Paper, and Manure, and Mulching

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 (defined in 30 TAC 332.2 ), 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 consisting of poultry carcasses, 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

However, exempt operations that compost or mulch yard-trimmings, clean wood material, vegetative material, paper, or manure must do the following in addition to complying with the general requirements and air quality requirements listed above:

  • Comply with limitations on storage of recyclable materials described in 30 TAC 328.4 , unless excluded by 328.4(a) ;
  • If your recycling facility is located in Bexar County, and will store combustible material for producing mulch or compost, comply with additional requirements detailed in 30 TAC 328.4(g) ;
  • Address the following items, unless excluded by 30 TAC 328.5(a) :

See also information for all composting and mulching operations.

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Composting Meat, Fish, Carcasses, Dairy Materials, Oils, and Greases—Notification Required

You will need to submit a compost notification to the TCEQ in accordance with 30 TAC Chapter 332, Subchapter A, 332.3(c) , and 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 forms for notification-tier compost facilities.

If your notification-tier 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.

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Composting Sewage Sludge, Diapers, and Paper Sludges—Registration Required

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 (defined in 30 TAC 332.2 ) 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 forms for composting operations requiring a permit or registration.

In addition, the compost produced must comply with end-product standards.

If your registered 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.

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Composting Grease Trap Waste and Mixed Municipal Solid Waste—Permit Required

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, 330.1(d) , and Chapter 332, Subchapters D , E , F , and G , and include the forms for composting operations requiring a permit or registration.

In addition, the compost produced must comply with end-product standards.

See also information for all composting and mulching operations.

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Compost End-Product Standards

Registered compost facilities must comply with the end-product standards referenced in 30 TAC 332.37(11) , and permitted compost facilities must comply with the end-product standards referenced in 30 TAC 332.45(11) . Registered compost facilities must submit reports semiannually; permitted compost facilities must submit reports monthly.

  • 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

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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) through (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:

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Other Permits Required

  • Air Quality Permit

    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.

  • Water 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.

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Composting Refund

The operator of a municipal solid waste facility with an approved composting plan may be eligible for a refund of a portion of the state fees collected by the facility.

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Composting Forms

To streamline incoming document processing and review, please submit electronic copies of applications, reports, and other documents electronically by email or via the TCEQ secure FTP site (TCEQ FTPS), in addition to submitting paper copies.

Forms

  • Correspondence Cover Sheet (Form TCEQ-20714)
    (include with all Municipal Solid Waste applications and reports
  • Exempt Composting and Mulching Operations
    • Submit Notice of Intent (NOI) to Operate a Recycling Facility online using e-Permits/Registration option in State of Texas Environmental Electronic Reporting System (STEERS)
      • STEERS Login Page
        (Applicants will need to create a STEERS account to complete the form online. For questions regarding the creation of a STEERS account, please contact the STEERS Program Area at 512-239-6925 or steers@tceq.texas.gov.)
    • Submit Notice of Intent to Operate a Recycling Facility using forms
  • Composting Operations Requiring a Notification
  • Composting Operations Requiring a Registration
  • Composting Operations Requiring a Permit 
  • Final Product Report for Registered or Permitted Composting Facilities

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Related Content

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Contact MSW Permits Section

Please contact the MSW Permits Section if you have questions about composting or mulching materials from municipal sources.

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