Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.36 - Texas Pollutant Discharge Elimination System General Requirements for Concentrated Animal Feeding Operations (CAFOs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. These requirements apply
				  to a concentrated animal feeding operation (CAFO) subject to the requirements
				  of the Texas Pollutant Discharge Elimination System, unless otherwise
				  noted.
(b) Permits. A CAFO shall
				  comply with §
										305.125
				  of this title (relating to Standard Permit Conditions) and all applicable
				  permit conditions contained in commission rules. Requirements to provide for
				  and ensure compliance with standards set by the rules of the commission and the
				  laws of Texas shall be determined and included in an individual water quality
				  permit on a case-by-case basis to reflect the best method for attaining such
				  compliance. Each permit shall contain terms and conditions as the commission
				  determines necessary to protect human health and safety, and the
				  environment.
(c) Nutrient
				  management plan (NMP).
(1) The operator of a
				  large CAFO shall develop and implement an NMP certified by a person or entity
				  identified in §
											321.32(10)
				  of this title (relating to Definitions) to be in accordance with the Texas
				  Natural Resources Conservation Service NRCS Practice Standard Code 590. The
				  plan shall include site-specific nutrient management practices that ensure
				  appropriate agricultural utilization of nutrients in the manure, sludge, or
				  wastewater. The NMP shall be updated annually. The operator shall determine the
				  amount, in tons/acre or acre-inches/acre, of manure, sludge, and wastewater for
				  each land management unit (LMU) using the following methodology:
(A) determine the phosphorus index rating
				  using the Agronomy Technical Note No. 15 Phosphorus Assessment Tool of
				  Texas;
(B) determine the maximum
				  annual application rate using Appendix 5 of the NRCS Practice Standard Code 590
				  for Texas;
(C) determine the crop
				  requirement or the crop removal rate, as appropriate, from the S Crops Table as
				  contained in the Texas NRCS 590-Software Tool, site-specific historic CAFO
				  yield data, or other sources as approved by the executive director;
				  and
(D) account for:
(i) the results of soil tests required by
				  §
													321.40(m)(1)(B)
				  of this title (relating to Concentrated Animal Feeding Operation (CAFO) Land
				  Application Requirements);
(ii)
				  credits for all nitrogen in the soil that will be available for plant
				  use;
(iii) the amount of nitrogen
				  and phosphorus in the manure and wastewater to be applied;
(iv) consideration of multi-year phosphorus
				  application (for any LMU where nutrients are applied at a rate based on crop
				  phosphorus requirement, the methodology must account for single-year nutrient
				  applications that supply more than the crop's annual phosphorus requirement);
				  and
(v) all other additions of
				  plant available nitrogen and phosphorus to the LMU (i.e., from sources other
				  than manure or wastewater or credits for residual nitrogen).