Md. Code Regs. 15.20.13.06

Current through Register Vol. 51, No. 26, December 27, 2024

Section 15.20.13.06 - [Effective until 4/15/2025] Sampling and Testing Requirements for Food Processing Residuals

A. A person utilizing food processing residuals in this State shall submit to the Department:

(1) An acceptable methodology that shall be used to obtain a representative composite food processing residuals sample of the material: and

(2) On an annual basis, the results of laboratory analysis of the representative composite food processing residuals sample in accordance with the following requirements:

(a) All sample analyses shall be performed by an accredited laboratory, using methods that are acceptable to the Department and part of the laboratory s scope of accreditation; and

(b) The analysis shall, at a minimum, test for moisture, nutrients (total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry) and as otherwise required by the Department.

B. Unless otherwise agreed upon by persons utilizing food processing residuals in conjunction with an agricultural operation, the requirement set forth in §A of this regulation shall be performed by a commercial broker, commercial hauler, or other person who is permitted to transport the material to an agricultural operation. This person shall be identified in the permit application to utilize food processing residuals in conjunction with an agricultural operation.

C. The Department may:

(1) Require analyses for food processing residuals constituents other than those identified in §A(2) of this regulation to adequately assess the quality of food processing residuals;

(2) Require additional analyses to adequately assess the quality of food processing residuals;

(3) Approve a request to reduce the testing frequency for analyzing any of the constituents identified in §A(2) of this regulation if the Department determines that a sufficient number of food processing residuals samples have been analyzed to characterize food processing residuals quality on an annual as well as seasonal basis: and

(4) Reject an analysis for good cause.

D. The Department may consider the failure to submit the analysis required in §A of this regulation to be grounds for:

(1) Revocation or modification of any Food Processing Residuals Utilization Permit, authorization, or approval previously issued by the Department for the utilization of that generator s food processing residuals; and

(2) Denial of any new, material alteration or extension, modification, or renewal application for a Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department for the utilization of that generator s food processing residuals.

Md. Code Regs. 15.20.13.06

Regulations .06 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).