Section 321.46 - Concentrated Animal Feeding Operation (CAFO) Pollution Prevention Plan, Site Evaluation, Recordkeeping, and Reporting(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.(b) Management documentation. A permit or authorization will establish additional requirements for recordkeeping and documentation. At a minimum, these records must include:(1) a copy of the administratively complete and technically complete individual water quality permit application, notice of intent seeking authorization under a CAFO general permit, and the written authorization issued by the commission or executive director, for any facility required to obtain written authorization;(2) the RCS management plan, if applicable;(3) procedures for spill prevention and recovery;(4) a copy of the recharge feature certification, if applicable;(5) the groundwater monitoring plan associated with the use of a playa;(6) a copy of the comprehensive nutrient management plan, nutrient management plan or nutrient utilization plan, if required;(7) site-specific documentation that no significant hydrologic connection exists between the contained wastewater and water in the state;(8) any written agreement with a landowner which documents the allowance of nighttime application of manure, sludge, or wastewater;(9) the odor control plan requirements established in § 321.43 of this title (relating to Air Standard Permit for Animal Feeding Operations (AFOs)); and(10) documentation of employee training, including dates when training occurred and, for dairy outreach program area (DOPA)-required training, verification of the date, time of attendance, and completion of training.(c) Required inspections. The CAFO operator shall perform the routine inspections described in this subsection to determine preventive maintenance and repair needs. Inspections shall include visual inspections and equipment testing to determine conditions that could cause breakdowns or failures resulting in discharge of pollutants to water in the state or the creation of a nuisance condition. (1) CAFO operators shall conduct a daily inspection of all water lines, including drinking water and cooling water lines that are located within the drainage area of the RCSs. These daily inspections shall be recorded in the PPP either daily or in the weekly report.(2) CAFO operators shall conduct a weekly inspection of all control facilities and equipment used during that week for land application of manure, sludge, or wastewater. An inspection must include all stormwater diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to each RCS. The weekly inspection will note the level of liquid in each RCS as indicated by the pond marker.(3) CAFO operators shall conduct monthly inspections on mortality management systems, including containers, burial sites, composting facilities, incinerators, and chemical storage and disposal areas.(4) A complete site inspection of the CAFO and LMUs shall be conducted and documentation of the findings of the inspection made at least once per year. The inspection shall include:(A) a review of the list of potential pollutant sources to ensure it is current;(B) the inspection of all controls and operations outlined in the PPP to reduce the potential for pollutants to be transported off the CAFO; and(C) updating the PPP to reflect the current conditions.(5) Once every five years, beginning five years after initial authorization under this subchapter, any CAFO operator who uses an RCS shall have a licensed Texas professional engineer review the existing engineering documentation, complete a site evaluation of the structural controls, and review existing liner documentation. The engineer shall complete and certify a report of their findings that must be kept with the PPP.(d) Recordkeeping requirements. The CAFO operator shall keep records in the PPP for a minimum of five years from the date the record was created. Upon written request, any of the records maintained to comply with the permit shall be submitted to the executive director within five business days of the operator receiving the request. The records shall document the inspections and actions taken in response to deficiencies identified during any inspection. A CAFO operator shall correct all the deficiencies within 30 days or shall document the factors preventing immediate correction and submit to the executive director an explanation of the factors that prevented the correction of the deficiencies. Any CAFO operator that does not use an RCS is not subject to paragraphs (3) - (6) and (8) of this subsection. The following records must be included unless otherwise specified:(1) a list of any significant spills of potential pollutants at the CAFO that have a significant potential to reach water in the state;(2) a log of wastewater, manure, and sludge removed from the CAFO, other than single pickup truck loads, that shows the dates and times of removal from the CAFO, name and address of the recipient, amount (in wet tons, dry tons, cubic yards, acre-inches, acre-feet, or gallons) of manure, sludge, or wastewater;(3) a log of all daily measurable rainfall events, including the measured rainfall;(4) a log of all weekly wastewater levels observed in the RCS, or daily wastewater levels in a major sole-source impairment zone;(5) documentation of liner maintenance by an NRCS engineer, licensed Texas professional engineer, or qualified groundwater scientist;(6) documentation describing the sources of information, assumptions, and calculations used in determining the appropriate volume capacity and structural features of each RCS, including embankments and liners;(7) groundwater monitoring records, if required by § 321.41 of this title (relating to Special Requirements for Discharges to a Playa);(8) records that show the control facilities have been inspected for structural integrity and maintenance, the date of each inspection, and a description of the findings;(9) records describing mortality management practices;(10) a log of all manure, sludge, and wastewater used at the CAFO updated at least monthly. For CAFOs where manure, sludge, or wastewater is applied on LMUs, such records must include the following information:(A) date of manure, sludge, or wastewater application to each LMU;(B) location of the specific LMU and the volume applied during each application event;(C) acreage of each individual crop on which manure, sludge, or wastewater is applied;(D) basis for and the total amount of nitrogen and phosphorus applied per acre to each LMU, including sources of nutrients other than manure, sludge, or wastewater on a dry basis;(E) the percentage of moisture content of the manure;(F) actual annual yield of each harvested crop; and(G) weather conditions (such as the temperature, precipitation, and cloud cover) during the land application and 24 hours before and after the land application;(11) annual nutrient analysis for irrigation wastewater, sludge, if applicable, and manure;(12) documentation describing any discharge into water in the state including the date, time, volume of overflow, a copy of the notification(s) provided to the regional office, and sample analysis results associated with the discharge;(13) the results of initial and annual soil analysis reports as required by this subchapter; and(14) copies of all notifications to the executive director, including any made to a Texas Commission on Environmental Quality regional office, as required by this subchapter, a permit, or authorization.(e) Reporting requirements.(1) The CAFO operator shall furnish to the appropriate regional Texas Commission on Environmental Quality office and the commission's Office of Compliance and Enforcement, Enforcement Division in Austin, soil testing analysis of all soil samples with the annual report due February 15 of each year.(2) CAFO operators shall provide all other reports required by this subchapter to the Office of Compliance and Enforcement, Enforcement Division.30 Tex. Admin. Code § 321.46
The provisions of this §321.46 adopted to be effective July 9, 1990, 15 TexReg 3639; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721; amended to be effective July 15, 2004, 29 TexReg 6652; amended to be effective July 31, 2014, 39 TexReg 5786