1. (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

   1. (1) Dairy Operation--An Animal Feeding Operation (AFO) confining cattle that have been or may be used for production of milk, or otherwise associated with a dairy, including cows, calves, and bulls.
   2. (2) Dairy Waste--Milk, milk by-products, or milk processing waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption produced by a dairy operation. For the purposes of this rule, dairy waste does not include solid or semi-solid milk products.

   3. (3) Emergency Conditions--Instances where dairy waste is generated at any point along the dairy supply chain due to a reasonably unforeseeable situation, including but not limited to:

      1. (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, ice, or snowstorm;
      2. (B) power failure, transportation failure, mechanical failure, or interruption of communication facilities;
      3. (C) epidemic;
      4. (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence; or
      5. (E) any other situation deemed by the executive director to qualify as an emergency.
2. (b) Duration of Authorization. Authorization to land apply dairy waste on LMUs expires seven (7) calendar days after the emergency condition ends, unless an alternative duration for the authorization is granted by the executive director.
3. (c) Purpose. This section provides authorization to a dairy operation to directly land apply dairy waste, including dairy waste received from a third-party, under emergency conditions to land that is under the control of a permitted CAFO or unpermitted AFO.
4. (d) Applicability. This section applies to the owner or operator of a dairy operation that generates or accepts third-party dairy waste that is land applied under emergency conditions.

5. (e) General Requirements. The following requirements apply to land application of dairy waste:

   1. (1) Land application of dairy waste must comply with the requirements of §321.40 of this title (relating to Concentrated Animal Feeding Operation (CAFO) Land Application Requirements) for a CAFO or §§321.47(f), (h), and (i) of this title (relating to Land Application, Nutrient Utilization Plans, and Recordkeeping Requirements, respectively) for an AFO.
   2. (2) Discharge of dairy waste into water in the state from a land management unit (LMU) is prohibited.
   3. (3) Land application practices shall be maintained to minimize ponding or puddling of the dairy waste on the site and prevent the occurrence of nuisance conditions.
   4. (4) Land application of dairy waste shall not occur when the ground is frozen or saturated or during rainfall events.
   5. (5) Dairy waste shall not be land applied within the well buffers identified in §321.38(b) of this title (relating to Control Facility Design Requirements Applicable to Concentrated Animal Feeding Operations (CAFOs)).
   6. (6) Land application of dairy waste shall not occur within 100 feet of any surface water in the state.
   7. (7) Land application of dairy waste shall not occur within a vegetative buffer strip required by §321.40(h) of this title.
   8. (8) Dairy waste shall not be land applied within the 100-year floodplain.
   9. (9) Dairy waste shall not be land applied to soils with shallow, perched or seasonal water tables.
   10. (10) Dairy waste may only be applied to fields that are vegetated with actively growing crops, hay or vegetation, or if to a fallow field, the dairy waste shall be incorporated into the soils within 48 hours of land application.
   11. (11) Dairy waste application shall be limited to a maximum of 2,000 gallons per acre per year.
   12. (12) Dairy waste shall be applied evenly to the soils.
   13. (13) Dairy waste shall not be land applied within 750 feet from an occupied residence or business structure, school (including associated recreational areas), permanent structure containing a place of worship, or public park.
   14. (14) There shall be no land application of dairy waste to an LMU if the LMU is required to have a Nutrient Utilization Plan (NUP) per §321.40(k)(3) of this title.
   15. (15) There shall be no land application of dairy waste to an LMU that has or reaches a critical soil test phosphorus (P) level of greater than or equal to 500 ppm, with a P – Index rating of "High" or "Very High".

6. (f) Notification Requirements. The dairy operator shall notify the appropriate TCEQ Regional Office orally within 24 hours of land application of dairy waste or by the next business day, and in writing within 14 days of the land application of the dairy waste. Written notification may be on paper, electronic mail, or other electronic method as prescribed by the executive director. The notification shall include the following information:

   1. (1) the location of the land where the dairy waste was land applied, including the address of the area, latitude and longitude, or a site map;
   2. (2) the applicable emergency condition;
   3. (3) the date that dairy waste was land applied;
   4. (4) the volume (gallons, or acre-feet) of dairy waste land applied;
   5. (5) proof of authorization of the use of the field for land application of dairy waste if third-party land was used;
   6. (6) the duration of the emergency condition and if additional time will be needed to complete the land application; and
   7. (7) a certification signed by the dairy operator that the requirements of this subchapter were complied with during the land application of dairy waste.

7. (g) Recordkeeping Requirements. A dairy owner or operator that land applies dairy waste shall include the following information in the Pollution Prevention Plan (PPP) required in §321.46(d) of this title:

   1. (1) a log of all dairy waste land applied at the AFO or CAFO updated at least monthly. Such records must include the following information:

      1. (A) date of dairy waste application to each LMU;
      2. (B) location of the specific LMU and the volume (gallon, or acre-feet) applied during each application event;
      3. (C) acreage of each individual crop on which dairy waste is applied; and
      4. (D) weather conditions (such as the temperature, precipitation, and cloud cover) during the land application and 24 hours before and after the land application;
   2. (2) documentation describing any discharge of dairy waste into water in the state including the date, time, volume of overflow (gallons, or acre-feet), a copy of the notification(s) provided to the regional office, and sample analysis results associated with the discharge; and
   3. (3) 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.
8. (h) Discharge Notification. Discharge notification requirements in §§321.44(a)(1) through (6) of this title shall apply to the discharge of dairy waste.
9. (i) Discharge Monitoring. The dairy operator shall sample all discharges of dairy waste to surface water in the state and comply with the discharge monitoring in §321.44(b) of this title.

10. (j) Annual Reporting. The dairy operator land applying dairy waste shall include the information required by §321.48(g) in the annual report as indicated in §321.36(g) of this title. Dairy operators that are not authorized by permit, and therefore not required to submit an annual report, must mail the following information to the appropriate TCEQ Regional Office that is servicing the area where the dairy operation is located by March 31 of each year:

    1. (1) estimated total volume of dairy waste (in gallons) generated during the reporting period; and
    2. (2) total volume of dairy waste (gallons, or acre-feet) land applied during the reporting period.

Source Note:The provisions of this §321.48 adopted to be effective July 31, 2025, 50 TexReg 4937.