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 321.46 - Concentrated Animal Feeding Operation (CAFO) Pollution Prevention Plan, Site Evaluation, Recordkeeping, and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Pollution prevention plan (PPP).
(1) A permit or authorization will establish
				  requirements for the development of a PPP. PPPs shall be prepared in accordance
				  with good engineering practices and shall include measures necessary to limit
				  the discharge of pollutants to or adjacent to water in the state. The plan
				  shall describe and ensure the implementation of practices which are to be used
				  to assure compliance with the limitations and conditions of this subchapter.
				  The plan shall identify a specific individual(s) at the facility who is
				  responsible for development, implementation, operation, maintenance,
				  inspections, recordkeeping, and revision of the PPP. The activities and
				  responsibilities of the pollution prevention personnel shall address all
				  aspects of the facility's PPP.
(2)
				  The plan shall be signed by the operator or other signatory authority in
				  accordance with §
											305.44
				  of this title (relating to Signatories to Applications), and the plan shall be
				  retained on site.
(3) Upon
				  completion of a PPP review, the executive director may notify the operator of a
				  concentrated animal feeding operation (CAFO) at any time that the plan does not
				  meet one or more of the minimum requirements of this subchapter. After such
				  notification from the executive director, the operator shall make changes to
				  the plan within 90 days after such notification, unless otherwise provided by
				  the executive director.
(4) The
				  operator of the CAFO shall revise the plan:
(A) before any change in the acreage or
				  boundaries of land management units (LMUs);
(B) before any increase in the maximum number
				  of animals;
(C) before operation of
				  any new control facilities;
(D)
				  before any change which has a significant effect on the potential for the
				  discharge of pollutants to water in the state;
(E) if the PPP is not effective in achieving
				  the general objectives of controlling discharges of pollutants from the
				  production area or LMU(s); or
(F)
				  within 90 days following written notification from the executive director that
				  the plan does not meet one or more of the minimum requirements of this
				  section.
(5) Where
				  design, planning, construction, operation and maintenance, or other
				  documentation equivalent to PPP requirements are contained in site
				  specific-plans prepared and certified by the Natural Resources Conservation
				  Service (NRCS), Texas State Soil and Water Conservation Board, or their
				  designee, that information may be used to document best management practices
				  (BMPs) or applicable portions of the technical requirements in this subchapter.
				  Where provisions in the certified plan are substituted for applicable BMPs or
				  portions of the PPP, the PPP must refer to the appropriate section of the
				  certified plan. If the PPP contains a reference to a certified plan, a copy of
				  the certified plan must be kept with the PPP.
(6) Potential pollutant sources include any
				  activity or material of sufficient quantity that may reasonably be expected to
				  add pollutants to surface water in the state from the facility. The owner shall
				  conduct a thorough site inspection of the facility to identify all potential
				  pollutant sources. The inspection shall include all land that is part of the
				  production area and LMUs. An evaluation of pollutant sources shall identify the
				  types of potential pollutant sources, provide a description of the pollutant
				  sources, and indicate all measures that will be used to prevent contamination
				  from the pollutant sources.
(7) The
				  operator shall maintain and update the following items as part of the PPP:
(A) a site map, showing the production area
				  and include, at a minimum, pens and open lots, barns, berms, permanent manure
				  storage areas, composting areas, control facilities including retention control
				  structures (RCSs), water wells (abandoned and in use), surface water in the
				  state, and dead animal burial sites; including a depiction of buffer zones and
				  setbacks;
(B) LMU Map, showing the
				  boundary and acreage of each LMU; all buffer zones, the location of the
				  production area, water wells (abandoned and in use) that are onsite or within
				  500 feet of the facility boundary, all surface water in the state located
				  onsite and within one mile of the facility boundary, and the facility
				  boundary.
(C) soil, crop, and crop
				  nutrient information;
(D) a
				  description of land application procedures and equipment used; and
(E) a description of BMPs utilized to
				  minimize the entry of uncontaminated runoff into the control facility and
				  RCS.