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 321.33 - Applicability and Required Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit required. All concentrated animal
				  feeding operations (CAFOs) are point sources that require owners and operators
				  to seek and obtain authorization under a water quality general permit or
				  individual permit, except as provided in subsection (f) of this section. CAFO
				  owners and operators have a duty to seek coverage as described in this
				  section.
(b) Individual permit
				  required. A discharge from the following CAFOs may be authorized only under an
				  individual water quality permit in accordance with §
										321.34 of
				  this title (relating to Permit Applications). Except as provided by subsection
				  (f) of this section, any operator who is required to obtain an individual water
				  quality permit under this subsection may not commence physical construction
				  and/or operation of any new control facilities until an individual water
				  quality permit is issued for that CAFO, or unless otherwise authorized by the
				  commission in accordance with Texas Water Code (TWC), §26.027(c).
(1) Any CAFO located within one mile of
				  coastal natural resource areas as defined by Texas Natural Resources Code,
				  §
											33.203, unless the
				  CAFO was authorized by the commission prior to January 10, 1997.
(2) Any dairy CAFO located in a major
				  sole-source impairment zone.
(3)
				  Any CAFO where, on the date the executive director determines that the
				  application is administratively complete, any part of the production area of
				  the CAFO is located or adopted to be located within the protection zone of a
				  sole-source surface drinking water supply, in accordance with TWC,
				  §26.0286. This paragraph does not apply to a poultry operation that does
				  not use a liquid manure handling system, which is commonly referred to as a dry
				  litter poultry operation.
(4) Any
				  CAFO where any part of the production area or land management units is located
				  in a watershed of a segment listed on the current United States Environmental
				  Protection Agency-approved §303(d) list of impaired water bodies, as
				  required by 33 United States Code (USC), §1313(d), and where a total
				  maximum daily load implementation plan has been adopted by the commission that
				  established additional water quality protection measures for CAFOs that are not
				  required by the CAFO general permit.
(5) Any animal feeding operation (AFO) that
				  the executive director designates and requires to be authorized by an
				  individual water quality permit to achieve the policies and purposes enumerated
				  in TWC, §5.120 and §26.003; Texas Health and Safety Code, Chapters
				  341, 361, or 382; or §
											321.31
				  of this title (relating to Manure, Litter, and Wastewater Discharge and Air
				  Emission Limitations). Cases where the executive director may require an AFO to
				  obtain an individual water quality permit include, but are not limited to, the
				  following:
(A) the operation is located near
				  surface or groundwater resources;
(B) compliance with standards in addition to
				  those listed in this subchapter is necessary in order to protect water in the
				  state from pollution;
(C) the
				  operation is not or has not been in substantial compliance with the standards
				  of this subchapter;
(D) the
				  operation is under a formal commission enforcement order or has been referred
				  to the commission for enforcement action by the Texas State Soil and Water
				  Conservation Board;
(E) the
				  operation does not qualify for a CAFO general permit under §
												205.4
				  of this title (relating to Authorizations and Notices of Intent);
(F) the production area or land management
				  unit of any new CAFO is located in a watershed of a segment listed on the
				  current §303(d) list of impaired water bodies for bacteria, nutrients,
				  and/or pathogens as required by
				  33 USC,
				  §1313(d); or
(G) the executive director determines that an
				  individual water quality permit is appropriate considering other pertinent
				  factors.