- (a) Purpose. This section provides authorization to a dairy operation to store dairy waste during emergency conditions in a retention control structure (RCS) or playa and subsequently land apply the dairy waste for beneficial use.
- (b) Applicability. This section applies to an owner or operator of a dairy operation that stores dairy waste in an RCS or playa that meets the requirements of §321.41 of this title (relating to Special Requirements for Discharges to a Playa).
- (c) Duration of Authorization. Authorization to store dairy waste in a retention control structure(s) expires seven (7) calendar days after the emergency condition ends, unless an alternative duration for the authorization is granted by the executive director.
(d) Discharge Restrictions.
- (1) There shall be no discharge or disposal of dairy waste from a dairy operation into or adjacent to water in the state, except in accordance with this section. Dairy waste generated by a dairy operation under this subchapter shall be retained and utilized in an appropriate and beneficial manner as provided by this section.
- (2) The storage of dairy waste in an RCS is subject to the effluent limitations in 30 TAC §321.37 and the RCS design requirements in 30 TAC §321.38 and 30 TAC §321.42(c) of this title (relating to Effluent Limitations for Concentrated Animal Feeding Operation (CAFO) Production Areas, Control Facility Design Requirements Applicable to Concentrated Animal Feeding Operations, and Requirements Applicable to the Major Sole-Source Impairment Zone to maintain a margin of safety in the RCS).
- (e) Recordkeeping Requirements. A dairy owner or operator that stores dairy waste in an RCS under emergency conditions shall include a log of all dairy waste received and stored at the AFO or CAFO, updated at least monthly, in the Pollution Prevention Plan (PPP) required in §321.46(d) of this title.
(f) General Requirements.
- (1) Storage of dairy waste in a playa shall comply with §321.41 of this title.
- (2) A dairy operation using an RCS for storage of dairy waste shall ensure that the required capacity in the RCS is available to contain rainfall and rainfall runoff from the design rainfall event, and the margin of safety for CAFOs located in a major sole-source impairment zone.
- (3) The operator shall not store dairy waste in an RCS that is in danger of imminent overflow from chronic or catastrophic rainfall or catastrophic conditions.
(4) The dairy operator shall notify the appropriate TCEQ Regional Office orally within 24 hours, or by the next business day, of storing dairy waste in an RCS. The following information shall be provided during the oral notification:
- (A) the dairy's authorization status: if the dairy is permitted or not permitted and, if permitted, the permit number;
- (B) the name and address of the owner and/or operator;
- (C) the name and location of the dairy;
- (D) the site-specific emergency condition(s); and
- (E) the duration of the emergency conditions and if additional time will be needed to manage dairy waste either by land application, placement in an RCS, or transfer to another dairy.
(5) Written notification. The dairy operator shall provide written notification to the appropriate TCEQ Regional Office within 14 days of storing dairy waste in an RCS. Written notification may be on paper, electronic mail, or other electronic method as prescribed by the executive director. The following information shall be provided, in addition to the information required for oral notification, on a form that is prescribed by the executive director:
- (A) location and name of the RCS that was used to store the dairy waste, including the latitude and longitude;
- (B) the date(s) that the dairy waste was put into an RCS;
- (C) the volume of dairy waste (gallons, or acre-feet) that was stored in an RCS;
- (D) if there was any discharge of dairy waste from the RCSs, and the estimated volume of the discharge (gallons, or acre-feet); and
- (E) a USGS topographical Map and a Site and Runoff Control Map identifying where the dairy waste was stored.
(g) Dairy Waste Transfer. A dairy operator may transfer dairy waste to another dairy site for land application or storage in an RCS to use for irrigation when needed.
- (1) The owner or operator generating the dairy waste shall keep a record of the date and volume of dairy waste (gallons, or acre-feet) that is transferred to another dairy.
- (2) The owner or operator generating the dairy waste shall provide the laboratory report for total nitrogen, total phosphorus, and total potassium content of the dairy waste to the receiver of the dairy waste. If the laboratory report is not available, the book value of dairy waste from the Texas A & M AgriLife Extension Services shall be used in lieu of the laboratory report.
- (3) The owner or operator generating the dairy waste shall keep records of the name(s) and address(s) of the recipient(s) of the dairy waste.
(h) Dairy Waste Received. A dairy operator that receives dairy waste shall comply with:
- (1) §321.48 of this title (relating to Land Application of Dairy Waste) if dairy waste is land applied, or
- (2) the requirements of this section if dairy waste is stored in an RCS.
(i) Annual Reporting. The dairy operator that places dairy waste in an RCS under emergency conditions shall include the information required by §321.49(e) in the annual report required by §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) estimated total volume of dairy waste (in gallons) stored during the reporting period; and
- (2) total volume of dairy waste (gallons, or acre-feet) land applied during the reporting period.
Source Note:The provisions of this §321.49 adopted to be effective July 31, 2025, 50 TexReg 4937.