| (a) The following requirements will be applied in a
permit or authorization issued by the commission, as applicable to
concentrated animal feeding operations (CAFOs).
(b) The effluent limitations promulgated by the United
States Environmental Protection Agency applicable to duck CAFOs, including
40 Code of Federal Regulations (CFR) §§412.20 - 412.26 are
adopted by reference.
(c) There shall be no discharge of manure, sludge,
or wastewater from a poultry (chickens and turkeys), swine, or veal
calf CAFO production area that is subject to the new source performance
standards in 40 CFR §412.46.
(1) The operator of a poultry (chickens and turkeys),
swine, or veal calf CAFO subject to the new source performance standards
in 40 CFR §412.46 shall design, construct, operate, and maintain
retention control structures (RCSs) such that no discharge will occur.
(2) Provisions for upset or bypass, as defined in §321.32
of this title (relating to Definitions) and as provided in 40 CFR §122.41
(m) and (n), apply to a new source subject to this provision. To establish
the affirmative defense of upset, a permittee shall demonstrate, through
properly signed operating logs, or other relevant evidence that:
(A) an upset occurred and that the permittee can identify
the cause(s) of the upset; and
(B) the permitted facility was at the time being properly
operated in accordance with its permit or authorization and all applicable
CAFO rules and regulations.
(d) Except as provided by this subsection, and §321.42(c)
of this title (relating to Requirements Applicable to the Major Sole-Source
Impairment Zone), for all other CAFOs, there shall be no discharge
of manure, sludge, or wastewater from a CAFO production area.
(1) The operator of the CAFO shall design, construct,
operate, and maintain RCSs to contain all wastewater including the
runoff and direct precipitation from the 25-year, 24-hour rainfall
event for the location of the facility.
(2) A discharge that is the result of a chronic or
catastrophic rainfall event, or the result of catastrophic conditions,
from an RCS that has been properly designed, constructed, operated,
and maintained is allowed.
(3) Voluntary alternative performance standards may
be established in an individual water quality permit for a cattle
(other than veal calves) or dairy CAFO, when requested by a permit
applicant. These standards may be established as effluent limitations
in lieu of the requirements of paragraph (1) of this subsection, so
long as they are not in conflict with other requirements of this subchapter
or other requirements of the commission. Voluntary alternative performance
standards shall be consistent with the requirements of 40 CFR §412.31(a)(2).
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| Source Note: The provisions of this §321.37 adopted to be effective April 1, 1987, 12 TexReg 904; 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 |
