(a) Need for agreement.
(1) The Texas Commission on Environmental Quality (TCEQ)
and Texas Parks and Wildlife Department (TPWD) seek to ensure that
regulation of aquaculture is conducted in a manner that is both collaborative
and responsible.
(2) The TCEQ and TPWD are concerned about issues relating
to the raising of non-native aquatic species and their potential for
escape into natural ecosystems, including the introduction of disease
into natural ecosystems.
(3) The TCEQ and TPWD are concerned about the quality
of wastewater discharges from aquaculture facilities and their effects
on receiving waters in reservoirs, streams, bays, and estuaries.
(4) The TCEQ and TPWD seek to implement an interagency
review procedure for applications requesting authorization to discharge
wastewater from aquaculture facilities.
(5) The TCEQ and TPWD seek to implement an effective
system by which coordination and collaboration can be achieved to
expedite enforcement actions in response to discharges from aquaculture
facilities that are found to contain contagious disease that may impact
state waters.
(6) Texas Water Code, §5.104, authorizes the TCEQ
to enter into an MOU with any other state agency.
(7) Texas Agriculture Code, §134.031, directs
the TCEQ and TPWD to enter into an MOU for the regulation of matters
relating to aquaculture.
(8) It is the intention of this MOU to provide a formal
mechanism by which the TPWD may review and provide feedback on aquaculture
issues that are subject to regulation by the TCEQ and that have the
potential to affect natural resources and the regulation of aquaculture
within the jurisdiction of the TPWD. This exchange of information
would assist the TCEQ in making environmentally sound decisions and
would improve coordination between the TCEQ and TPWD.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings.
(1) Aquaculture--The business of producing or rearing
aquatic species (fish, crustaceans, mollusks, or any other organisms,
excluding aquatic plants and algae, living in either fresh or marine
waters) utilizing ponds, lakes, cages, fabricated tanks and raceways,
or other similar structures.
(2) Application--A request submitted by an aquaculture
facility to the TCEQ for authorization to discharge under an individual
permit or a Notice of Intent (NOI) to seek authorization under a general
permit.
(c) Responsibilities.
(1) The responsibilities of the TCEQ relate primarily
to its role as the natural resource agency with primary responsibility
over conservation of natural resources and the protection of the environment,
under Texas Water Code, §5.012.
(A) The TCEQ has general jurisdiction over the state's
water quality program including issuance of wastewater discharge permits,
water quality planning, and enforcement of water quality rules, standards,
orders, and permits, under Texas Water Code, §5.013.
(B) The TCEQ seeks to maintain the quality of water
in the state consistent with public health and enjoyment, the propagation
and protection of terrestrial and aquatic life, the operation of existing
industries, and the economic development of the state, and to require
the use of all reasonable methods to implement this policy.
(C) The TCEQ is responsible for review of wastewater
applications and issuance of wastewater discharge permits.
(2) The responsibilities of the TPWD relate primarily
to its functions as a natural resource agency, including its resource
protection functions, as designated by the Texas Parks and Wildlife
Code, §12.001 and §12.0011.
(A) The TPWD is the state agency with primary responsibility
for protecting the state's fish and wildlife resources.
(B) The TPWD provides recommendations that will protect
fish and wildlife resources to local, state, and federal agencies
that approve, permit, license, or construct developmental projects.
(C) The TPWD provides information on fish and wildlife
resources to any local, state, and federal agencies or private organizations
that make decisions affecting those resources.
(D) The TPWD regulates the taking, possession, and
conservation of all kinds of marine life and other aquatic life.
(E) The TPWD regulates the introduction of fish, shellfish,
and aquatic plants into public water, under Texas Parks and Wildlife
Code, §66.015(b).
(F) The TPWD regulates the importation, possession,
and placing into state water of harmful or potentially harmful exotic
species of fish, shellfish, or aquatic plants, under Texas Parks and
Wildlife Code, §66.007(a), and is responsible for review of applications
and subsequent issuance of permits relating to these activities
(d) Coordination procedures for wastewater discharge
applications and permits.
(1) Coordination procedures for the Aquaculture General
Permit Number TXG130000 and associated NOIs.
(A) During renewal or amendment of the Aquaculture
General Permit, the TCEQ will provide the initial draft permit to
the TPWD for review and comment prior to submitting the draft to EPA
for review and approval.
(i) Within 45 days of the date of receipt of the initial
draft permit, the TPWD will complete its initial assessment, and by
letter shall provide the TCEQ with formal written recommendations
designed to protect fish and wildlife resources or indicate that it
has no comments.
(ii) If the TCEQ does not receive formal written comments
from the TPWD within 45 days of the date of receipt of the initial
draft permit, the TCEQ will conclude that there are no comments and
continue processing of the general permit renewal or amendment.
(iii) Formal written comments received from the TPWD
will be considered by the TCEQ in developing the final draft permit.
The TPWD's comments will be evaluated in conjunction with all other
applicable factors and will be incorporated by the TCEQ whenever it
is consistent with the TCEQ's responsibilities. In accordance with
the responsibilities of the TCEQ as described in subsection (c)(1)
of this section, the TCEQ reserves the right to determine the requirements
of the final draft permit. Concurrent with submission of the final
draft permit to EPA, the TCEQ will provide a copy of the final draft
permit to the TPWD.
(B) The TCEQ will provide copies of all NOIs to the
TPWD within 14 days of the date of receipt.
(i) Within 45 days of the date of receipt of the NOI
by the TPWD, the TPWD will complete its initial assessment, and by
letter shall provide the TCEQ with formal written recommendations
designed to protect fish and wildlife resources; indicate that it
has no comments; or notify the TCEQ that it has requested additional
information from the applicant. If TPWD requires additional information
to make its evaluation, then the TPWD may request such additional
information from the applicant within 45 days of the date of receipt
of the NOI.
(ii) Except as provided by paragraph (3)(B) of this
subsection, if the TCEQ does not receive a response from the TPWD
within 45 days of TPWD receipt of the NOI, the TCEQ will conclude
that there are no comments and continue processing of the application.
(iii) Formal written comments received from the TPWD
will be considered by the TCEQ in determining whether to grant authorization
under the general permit or require the applicant to seek authorization
under an individual permit. The TPWD's comments will be evaluated
in conjunction with all other applicable factors consistent with the
TCEQ's responsibilities. In accordance with the responsibilities of
the TCEQ as described in subsection (c)(1) of this section, the TCEQ
reserves the right to determine the final disposition of the NOI.
(2) Coordination procedures for individual permit applications.
(A) The TCEQ will provide to the TPWD a copy of each
individual permit application file received which requests authorization
to discharge wastewater from aquaculture facilities within 14 days
of the TCEQ administrative review completion. The application file
shall include a copy of the application and any comments, memoranda,
letters, or other information incorporated in the application file
following date of application receipt so that the TPWD may complete
an initial assessment of the proposed operation.
(B) Within 45 days of the date of receipt of the permit
application file, the TPWD will complete its initial assessment, and
by letter shall provide the TCEQ with formal written recommendations
designed to protect fish and wildlife resources; indicate that it
has no comments; or notify the TCEQ that it has requested additional
information from the applicant. If TPWD requires additional information
to make its evaluation, then the TPWD may request such additional
information from the applicant within 45 days of the date of receipt
of the permit application file.
Cont'd... |