1. (a) This section applies to new CAFOs and to CAFOs increasing the number of animals confined under an existing operation that are:

   1. (1) feeding operations confining cattle that have been or may be used for dairy purposes, or otherwise associated with a dairy, including cows, calves, and bulls; and
   2. (2) in a major sole-source impairment zone, as defined in §321.32 of this title (relating to Definitions).

2. (b) The owner or operator shall submit a permit application and obtain a new or amended individual permit prior to:

   1. (1) constructing or operating a new CAFO, as defined in §321.32 of this title; or
   2. (2) increasing the number of animals confined under an existing operation.
3. (c) Nothing in this section limits the commission's authority to include in an individual or general permit under this subchapter provisions necessary to protect a water resource in this state.

4. (d) Any permit to which this section applies must, at a minimum:

   1. (1) provide for management and disposal of waste in accordance with this subchapter; and

   2. (2) require that 100% of the collectible manure produced by the additional animals in confinement at an expanded operation or all of the animals in confinement at a new operation must be:

      1. (A) beneficially used outside of the watershed;
      2. (B) disposed in landfills outside of the watershed, subject to the requirements of commission rules relating to industrial solid waste;
      3. (C) delivered to a composting facility approved by the executive director;
      4. (D) put to another beneficial use approved by the executive director; or

      5. (E) applied in any of the following ways:

         1. (i) in accordance with the requirements of §321.39 of this title (relating to Pollution Prevention Plans) and §321.40 of this title (relating to Best Management Practices) to a waste application field owned or controlled by the owner of the CAFO, if the field is not a historical waste application field, as defined in §321.32 of this title;
         2. (ii) in accordance with the requirements of §321.39 and §321.40 of this title, to a historical waste application field that is owned or operated by the owner or operator of the CAFO, if results of representative composite soil sampling conducted at the waste application field and submitted to the executive director show that the waste application field contains 200 or fewer parts per million (ppm) of extractable phosphorus (reported as P) in the Zone 1 (0 - 6 inch) depth; or
         3. (iii) in accordance with a detailed nutrient utilization plan approved by the executive director which, at a minimum, meets the requirements of §321.39(f)(28)(G) of this title, to a historical waste application field that is owned or operated by the owner or operator of the CAFO, if results of representative composite soil sampling conducted at the waste application field and submitted to the executive director show that the waste application field contains greater than 200 ppm of extractable phosphorus (reported as P) in the Zone 1 (0 - 6 inch) depth.

5. (e) The detailed nutrient utilization plan required under subsection (d)(2)(D)(iii) of this section must be developed by:

   1. (1) an employee of the United States Department of Agriculture's Natural Resources Conservation Service (NRCS);
   2. (2) a nutrient management specialist certified by the United States Department of Agriculture's NRCS;
   3. (3) the State Soil and Water Conservation Board;
   4. (4) the Texas Cooperative Extension;
   5. (5) an agronomist or soil scientist on the full-time staff of an accredited university located in this state; or
   6. (6) a professional agronomist or soil scientist certified by the American Society of Agronomy, after approval by the executive director based on a determination by the executive director that another person or entity listed in paragraphs (1) - (5) of this subsection cannot develop the plan in a timely manner.

Source Note:The provisions of this §321.48 adopted to be effective March 6, 2002, 27 TexReg 1511.