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CAFO

Description

Concentrated Animal Feeding Operation (CAFO) General Permit: Obtaining Coverage for an Existing CAFO

If you have an existing facility previously authorized under the CAFO general permit (TXG920000) or an individual permit, you may qualify for coverage under this general permit.

TCEQ reissued the CAFO General Permit No. TXG920000 (GP), with an effective date of July 20, 2024.

The following steps will help you determine if an existing CAFO qualifies and how to apply for coverage (under the reissued GP), request a change of ownership, or terminate coverage under this GP.

Step 1.

Read the GP ( TXG920000) and determine if you qualify for coverage.

  • If the general permit does not apply, you might need to obtain an individual permit.
  • If the general permit does apply, continue with Step 2.

Step 2.

Review your facility's compliance history ranking:

  • If your facility has a ranking of “high performer,” “satisfactory performer,” or "inadequate information," continue to Step 3.
  • If the compliance history ranking is "unsatisfactory performer," then your facility is not eligible for coverage under a general permit. You must apply for an 
  • individual permit instead.

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Step 3.

Renewal

The CAFO General Permit No. TXG920000 (GP) is renewed once in five years. Upon renewal, all active authorizations must submit a renewal application to continue coverage under the GP.

The current GP was issued and effective on July 20, 2024. Permittees that wish to continue to be authorized must submit a renewal application between July 20, 2024, and January 16, 2025 (180 days renewal period). Failure to submit the application package by the deadline will result in expiration of the existing authorization to operate under the expired general permit.

To renew your coverage under an existing CAFO General Permit, follow these steps:

  1. Update the onsite Pollution Prevention Plan. See Part III of the GP.
  2. Submit an application package, which includes:

Change of Ownership or Operational Control (Notice of Termination and Notice of Intent)

Authorization under this general permit is not transferable.

PREVIOUS OWNER? Submit to TCEQ: a  Notice of Termination (NOT) through the online e-permitting system or using the paper application form  TCEQ-20343.

NEW OWNER? Submit an application package to TCEQ via mail:

If the NOT and NOI are submitted as required, there will be no lapse in authorization for the facility.

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Step 4.

If you qualify for coverage under this general permit but would rather have an individual permit, you may request coverage under that permit instead.

If the NOI is submitted electronically, provisional authorization to discharge under this general permit begins immediately following confirmation of receipt of the NOI by TCEQ. If the application is submitted on the paper application form, provisional authorization to discharge beings 48 hours after your completed NOI is postmarked for delivery to us.

We will review the NOI and will take one of the following actions:

  • If everything is acceptable, we will send you an acknowledgment letter to authorize your coverage and assign an authorization number.
  • If any information is incomplete or missing, we will send you a letter requesting the necessary information. You will have 30 days (about a month) to respond to this request.
  • If coverage has been denied, we will send you a denial letter.

You must keep a copy of the NOI and the acknowledgement certificate onsite.

Remember: Permit coverage will remain active until you request termination. You must submit a  Notice of Termination to TCEQ to cancel your permit. If your coverage is active September 1 of any given year, you will owe a water quality fee for that year.

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If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Concentrated Animal Feeding Operation (CAFO) General Permit: Obtaining Coverage for a New CAFO

If you are proposing a new CAFO that has not been constructed or an animal feeding operation (AFO) that expands to become a CAFO, you may quality for coverage under the CAFO General Permit (TXG920000).

TCEQ reissued the CAFO General No. TXG920000, with an effective date of July 20, 2024.

The following steps will help you determine if your new CAFO qualities and how to apply for coverage under the CAFO General Permit No. TXG920000.

Step 1. Review General Permit

Read the General Permit (TXG920000) and determine if you qualify for coverage.

  • If the general permit does not apply, you might need to obtain an individual permit.
  • If the general permit does apply, continue with Step 2.

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Step 2. Review Compliance History

Review your facility's compliance history ranking:

  • If your facility has a ranking of “high performer,” “satisfactory performer,” or "inadequate information," continue to Step 3.
  • If the compliance history ranking is "unsatisfactory performer," then your facility is not eligible for coverage under a general permit. You must apply for an individual permit instead.

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Step 3. Apply for Coverage

To apply for coverage under this General Permit, follow these steps:

  1. Prepare a Pollution Prevention Plan. For more details, see Part III of the general permit (TXG920000).
  2. Consider scheduling a pre-application meeting with the TCEQ CAFO permitting staff. They will be available to discuss your proposal and help you determine what type of authorization you need as well as what information should go into an application package.
  3. Submit an application package, which includes:
  • Notice of Intent (NOI) Form (TCEQ–20111)
  • Core Data Form (TCEQ-10400) -   Instructions to Fill Core Data Form (TCEQ-10400-inst)
  • Public Involvement Plan Form for Permit and Registration Applications (PIP) (TCEQ-20960)
  • Plain language summaries (English and Spanish). Download a copy of the template.
  • Nutrient Management Plan, if you are a large CAFO (State Only CAFOs will submit the calculations for the nutrient application rates)
  • Technical Report Form (Included in TCEQ-20111)
  • Supporting Documents (includes but not limited to complete engineering design calculations for retention control structures (RCS) and waste production calculations for the proposed head count, laboratory reports for manure, effluent and soil analysis (book values or data from a similar facility are acceptable), RCS liner and capacity certifications (if applicable), NRCS Soils Map for the site, updated recharge feature certification, including driller well logs if within 500 feet of the property), facility maps, and USGS 7.5 Minute Quadrangle Map.
  • One original of the application (to the Water Quality Application Review and Processing Team at the address on the NOI application)
  • Submit one electronic copy of the NOI form at https://ftps.tceq.texas.gov/ to WQDeCopy@tceq.texas.gov. One copy of the application (to the TCEQ regional office in the region where the facility is or will be sited)
  • Application fee and payment submittal form (included on the NOI)

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Step 4. Application Review

If you qualify for coverage under this general permit but would rather have an individual permit, you may request coverage under that permit instead.

We will review the NOI and will take one of the following actions:

  • If we find that your application is complete, we will draft and send you a public notice to have published in the local newspaper.
  • If any information is incomplete or missing, we will send you a letter requesting the necessary information. You will have 30 days (about a month) to respond to this request.
  • If coverage has been denied, we will send you a denial letter.

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Step 5. Public Comment Period

If we find that your NOI is complete, we will send you a public notice to have published in the local newspaper.

  1. A 30-day public comment period begins on the date the notice is published.
  2. By the date this notice is published, you must put a copy of the application, the technical summary, General Permit TXG920000, and the Executive Director's Preliminary Decision in a public building for viewing—for example, in the county courthouse, county extension agent's office, or a public library.
  3. During the public comment period, interested persons may submit comments to the Office of the Chief Clerk (OCC). If a public meeting is required, then you must publish the notice at least 30 days before it is held.
  4. Upon newspaper publication, you must email proof of publication to the OCC at PROOFS@tceq.texas.gov or by mail to the address provided in the affidavit

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Step 6. Executive Director’s Review

The Executive Director, after considering the public comments received, will determine whether the NOI and technical application meet the requirements of this general permit, and take one of the following actions:

  • If your coverage under this general permit is approved, we will send you a certificate and a confirmation letter.
  • If your coverage is denied, we will send you a denial letter.

You must keep a copy of the NOI and the acknowledgement certificate onsite.

Remember: Permit coverage will remain active until you request termination. You must submit a Notice of Termination Form (TCEQ-20343) to TCEQ to cancel your permit. If your authorization is active September 1 of any given year, you will owe a water quality fee for that year.

If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Contacting the Wastewater Programs

E-mail, phone numbers, mailing address, and ways to contact programs dealing with wastewater and stormwater permitting.

If you have questions about domestic, industrial, or municipal wastewater permits, or sludge and CAFO authorizations, you may contact us at:

Phone: 512-239-4671

Email: wqap@tceq.texas.gov

Mailing Address:
Water Quality Division MC-150
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087

Concentrated Animal Feeding Operation (CAFO) General Permit: Significant Expansion of an Existing CAFO

If you have an existing CAFO facility currently authorized under the CAFO general permit (TXG920000) and are proposing a significant expansion, you must apply for coverage.

TCEQ reissued the CAFO General Permit (GP) No. TXG920000, with an effective date of July 20, 2024.

The following steps will help you determine if your proposed expansion to your existing CAFO authorization is considered a significant expansion, if it qualifies for coverage under this GP, and how to apply.

Step 1. Determine if Permit Action is a Significant Expansion

A significant expansion is any change to the CAFO that increases the manure production at the CAFO by more than 50%, above the maximum operating capacity stated in the initial authorization for the facility under TXG920000.

If the manure production will be less than 50%, when compared with the initial authorization under the GP, you may consider a substantial change if you are a large CAFO; and a State only CAFO may consider notice of change for state only.

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Step 2. Read the General Permit

Read the General Permit TXG920000 and determine if your proposed significant expansion qualifies for coverage.

  • If the GP does not apply to your situation, you might need to obtain an individual permit.
  • If the GP does apply to your situation, continue with Step 3.

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Step 3. Review Compliance History

Review your facility's compliance history ranking:

  • If your facility has a ranking of “high performer,” “satisfactory performer,” or "inadequate information," continue to Step 4.
  • If the compliance history ranking is "unsatisfactory performer," then your facility is not eligible for coverage under a general permit. You must apply for an individual permit instead.

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Step 4. Apply for Coverage

To obtain coverage under the this General Permit, follow these steps:

  1. Update the onsite Pollution Prevention Plan. For more details, see Part III of the general permit (TXG920000).
  2. Submit an application package, which includes:
  • Notice of Intent (NOI) Form ( TCEQ-20111)
  • Core Data Form (TCEQ-10400) -  Instructions to Fill Core Data Form (TCEQ-10400-inst)
  • Public Involvement Plan Form for Permit and Registration Applications (PIP) (TCEQ-20960)
  • Plain language summaries (English and Spanish).
  • Application fee and payment submittal form (included on the  NOI)
  • Nutrient Management Plan
  • Technical Report Form (included in TCEQ-20111 above)
  • Supporting Documents (includes but not limited to complete engineering design calculations for retention control structures (RCS) and waste production calculations for the proposed head count, laboratory reports for manure, effluent and soil analysis, RCS liner and capacity certifications, NRCS Soils Map for the site, updated recharge feature certification, including driller well logs if within 500 feet of the property)
  • One original of the application (to the Water Quality Application Review and Processing Team at the address on the NOI application)
  • Submit one electronic copy of the application at https://ftps.tceq.texas.gov/ to WQDeCopy@tceq.texas.gov .
  • One copy of the application (to the TCEQ regional office in the region where the facility is built)

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Step 5. Application Review

If you qualify for coverage under this general permit but would rather have an individual permit, you may request coverage under that permit instead.

We will review the NOI significant expansion and will take one of the following actions:

  • If we find that your application is complete, we will draft and send you a public notice to have published in the local newspaper.
  • If any information is incomplete or missing, we will send you a letter requesting the necessary information. You will have 30 days (about a month) to respond to this request.
  • If coverage has been denied, we will send you a denial letter.

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Step 6. Public Comment Period

If we find that your NOI is complete, we will send you a public notice to have published in the local newspaper.

  1. A 30-day public comment period begins on the date the notice is published.
  2. By the date this notice is published, you must put a copy of the application, the technical summary, General Permit TXG920000 , and the Executive Director's Preliminary Decision in a public building for viewing—for example, in the county courthouse, county extension agent's office, or a public library.
  3. During the public comment period, interested persons may submit comments to the Office of the Chief Clerk (OCC). If a public meeting is required, then you must publish a notice for the meeting at least 30 days before it is held.
  4. Upon newspaper publication, you must email proof of publication to the OCC at PROOFS@tceq.texas.gov or by mail to the address provided in the affidavit instructions.

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Step 7. Executive Director’s Review

The Executive Director, after considering the public comments received, will determine whether the NOI and technical application meet the requirements of this general permit, and take one of the following actions:

  • If your coverage under this general permit is approved, we will send you a certificate shoring the increased headcount information and a confirmation letter.
  • If your coverage is denied, we will send you a denial letter.

You must keep a copy of the NOI and the acknowledgement certificate onsite.

Remember: Permit coverage will remain active until you request termination. You must submit a Notice of Termination Form (TCEQ-20343) to TCEQ to cancel your permit. If your coverage is active September 1 of any given year, you will owe a water quality fee for that year.

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If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Concentrated Animal Feeding Operations (CAFO) General Permit: Am I regulated?

Find out if your livestock or poultry production operation qualifies for coverage under the CAFO general permit (TXG920000) or an individual permit.

TCEQ reissued the CAFO General No. TXG920000, with an effective date of July 20, 2024.

Facilities Likely to be Regulated by this General Permit

This general permit (GP) provides coverage for both TPDES large and State-only CAFOs. TPDES large CAFOs are CAFO facilities that meet the head count for a large CAFO under the definition in the GP. State-only CAFOs are dairy CAFO facilities that meet the headcount for a medium CAFO and are located in certain counties of the state. State-only CAFOs also include animal feeding operations that are designated by the Executive Director as a CAFO because they are a significant contributor of pollutants into water in the state. Please visit the webpage Is My Operation a CAFO for additional resources to help you determine if your facility is considered a CAFO and requires a permit.

Manure, sludge, and wastewater generated by a CAFO shall be retained and used in an appropriate and beneficial manner as provided in this GP.

Unless otherwise limited, manure, sludge, or wastewater may be discharged from a LMU or a retention control structure (RCS) into or adjacent to water in the state from a CAFO authorized under this GP resulting from any of the following conditions:

  • a discharge of manure, sludge, or wastewater that the permittee cannot reasonably prevent or control resulting from a catastrophic condition other than a rainfall event;
  • overflow of manure, sludge, or wastewater from a RCS resulting from a chronic/catastrophic rainfall event; or
  • a chronic/catastrophic rainfall discharge from a LMU that occurs because the permittee takes measures to de-water the RCS in accordance with Part III.A.10(b) of the GP, relating to imminent overflow.

There shall be no discharge of wastewater from the production area into surface water in the state from new source poultry, swine, or veal CAFOs. Wastewater must be contained in RCSs properly designed, constructed, operated, and maintained according to the provisions of this GP.

For specific information on the permit requirements, please refer to the following documents:

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Activities not Covered by the General Permit

Your CAFO is not eligible for coverage under this general permit if it:

  • is within one mile of coastal natural resource areas.
  • is a dairy CAFO and in Segment 1226 or 1255 of the Bosque River watershed (which are a major sole-source impairment zone).
  • is, or will be, in the protection zone of a sole-source surface drinking water supply.
  • is in an impaired watershed where the total maximum daily load (TMDL) plan requires water quality protection measures more stringent than those required by this general permit.
  • is required by our executive director to obtain and operate under an individual permit because the location has significant site-specific environmental concerns.
  • has a compliance history rating of “unsatisfactory.” (See Compliance History.)

If any of the above statements are true for your CAFO, coverage must be obtained under an individual permit.

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Applying for Coverage under this General Permit

If your CAFO qualifies for coverage under this GP, the steps to follow depend on the status of your facility. Review the descriptions below to determine your facility status and obtain information on how to apply for coverage.

New – A new CAFO is a proposed CAFO facility that has not been constructed or an animal feeding operation (AFO) that expands to become a CAFO applying for coverage under the GP. Visit TCEQ’s Obtaining General Permit Coverage for a New CAFO webpage to obtain information on how to apply for coverage for a new CAFO.

Renewing – An existing facility previously authorized under the CAFO general permit, and is applying for coverage under the general permit. Visit TCEQ’s Obtaining General Permit Coverage for an Existing CAFO webpage for how to apply for a renewal of an existing CAFO.

Significant Expansion – an existing facility currently authorized under the general permit, proposing to increase manure production by more than 50 percent, above the maximum operating capacity stated in the initial authorization for the facility under TXG920000.

Substantial Change – An existing large CAFO facility that is currently authorized under the GP, proposing to apply for a substantial change, as defined in the GP, to the terms of the nutrient management plan that was previously approved for the facility. Visit TCEQ’s Substantial Change to a CAFO general permit authorization webpage to obtain information on how to apply for coverage.

Notice of Change – An existing CAFO facility that is currently authorized under the GP, proposing to update relevant facts in the Notice of Intent (NOI) or NOI attachments change, including but not limited to: permittee address, permittee phone number, any increase in waste production other than those defined as a significant expansion, LMU acreage or boundaries, construction or modification of a RCS, or any change to the site map.

Visit TCEQ’s CAFO: Making Changes webpage to obtain additional information on how to apply for a Change to your Notice of Intent after it has been approved under this GP.

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Additional Resources

Concentrated Animal Feeding Operation (CAFO): Is My Operation A CAFO
CAFO definitions, coverage limitations, authorization process for CAFO general permits.

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If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Concentrated Animal Feeding Operation (CAFO) Individual Permit: Am I Regulated?

Find out if you are required to obtain an individual permit to operate a concentrated animal feeding operation (CAFO) in Texas. Links to the application form, and instructions.

Facilities Likely to be Regulated by an Individual Permit

If any of the following statements are true, you must obtain coverage under this individual permit.

  • Your CAFO is within one mile of coastal natural resource areas.
  • Your CAFO is a dairy CAFO and in Segment 1226 or 1255 of the Bosque River watershed (which are a major sole-source impairment zone).
  • Your CAFO is, or will be, in the protection zone of a sole-source surface drinking water supply .
  • Your CAFO production area or land management unit is listed on the current Environmental Protection Agency (EPA) approved Clean Water Act (CWA) § 303(d) List as an impaired watershed where the total maximum daily load (TMDL) plan requires water quality protection measures more stringent than those required by the CAFO general permit.
  • Your CAFO is required by the executive director to obtain and operate under an individual permit due to significant site-specific environmental concerns.
  • Your CAFO has a compliance history rating of “unsatisfactory.” (See About Compliance Histories.)

If none of those statements are true, you may quality for coverage under the CAFO General Permit No. TXG920000. Visit the CAFO General Permit webpage for additional resources on eligibility and how to apply for coverage.

How to Apply for an Individual Permit

If you qualify for this individual permit, include these items in your application package:

Submit one original application package to the Water Quality Applications Team at the address on the application.

Submit one electronic copy of the application package at https://ftps.tceq.texas.gov/ to WQDeCopy@tceq.texas.gov .

Submit one copy of the application package to the TCEQ regional office in the region where the facility is to be sited.

After the Application Has Been Submitted

After the application is declared administratively complete, you will receive a Notice of Receipt of Application and Intent to Obtain Water Quality Permit (NORI) for you to publish in a local newspaper. You may need to translate the NORI into Spanish. (Spanish language templates).

After the application is declared technically complete, and if the TCEQ executive director is considering approving the permit:

  • You will receive a Notice of Application and Preliminary Decision (NAPD) to publish in a local newspaper (second notice) indicating the preliminary decision to issue the permit. You may need to translate the NAPD to Spanish. (Spanish language templates)
  • Provide a complete copy of the application package and all correspondence for review by the public at a public place located within the county.

If there is significant public interest, public meetings and hearings may also be required.

For more information on the requirements for CAFOs please refer to Title 30, Texas Administrative Code, Chapter 321, Subchapter B (HTML).

If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Concentrated Animal Feeding Operation (CAFO) General Permit: Substantial Change to an Existing CAFO

If you have an existing large CAFO facility that is currently authorized under the CAFO general permit (TXG920000) and are proposing to apply for a substantial change to the terms of the nutrient management plan that was previously approved for the site, you must apply for coverage.

TCEQ reissued the CAFO General Permit (GP) No. TXG920000, with an effective date of July 20, 2024.

The following information will help you determine if the proposed change to the approved nutrient management plan approved under your existing CAFO authorization is considered a non-substantial change, if it qualifies for coverage under this general permit, and how to apply.

Step 1. Determine if Action is a Substantial Change

The following changes to the approved nutrient management plan for a large CAFO facility are considered a substantial change, as defined in the GP:

  • Changing animal type or increasing authorized head count that increases the manure production at the CAFO by 50% or less of the maximum operating capacity stated in the initial authorization for the facility under TXG920000;
  • Adding land management units (LMUs) or increasing application acreage of existing LMUs; and
  • Using a crop or yield goal that was not previously approved for the CAFO to determine maximum application rates for manure or wastewater.

NOTE: State-only CAFOs are not subject to the substantial change requirements.

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Step 2. Read the General Permit

Read the General Permit TXG920000 and determine if your proposed non-substantial change  qualifies for coverage.

  • If the general permit does not apply to your situation, you might need to obtain an individual permit.
  • If the general permit does apply to your situation, continue with Step 3.

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Step 3. Review Compliance History

Review your facility's compliance history ranking:

  • If your facility has a ranking of “high performer,” “satisfactory performer,” or "inadequate information," continue to Step 4.
  • If the compliance history ranking is "unsatisfactory performer," then your facility is not eligible for coverage under a general permit. You must apply for an individual permit instead.

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Step 4. Apply for Coverage

To obtain coverage under this general permit, submit a notice of change application package which includes:

  • Electronic submittal:
  • Mailed submittal (address provided on NOC):
    • Notice of Change (NOC)  Form TCEQ 20511, and the applicable attachments to the form.
    • Core Data Form (TCEQ-10400), if applicable -  Instructions to Fill Core Data Form (TCEQ-10400-inst)
    • Completed Plain language summaries (English and Spanish). Download a copy of the templates.
    • The updated Nutrient Management Plan (NMP), based on the CAFO’s current soil, effluent and manure analyses
    • Supporting documents including the manure production and the retention control structures design calculations, if applicable.
    • One original of the application (to the Water Quality Application Review and Processing Team at the address on the NOC application)
    • Submit one electronic copy of the NOI form at https://ftps.tceq.texas.gov/ to WQDeCopy@tceq.texas.gov.
    • One copy of the application (to the TCEQ regional office in the region where the facility is sited)

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Step 5. Application Review

If you qualify for coverage under this general permit but would rather have an individual permit, you may request coverage under that permit instead.

We will review the NOC and will take one of the following actions:

  • If we find that your application is complete, we will draft a public notice and technical summary (draft) for you to review.
  • If any information is incomplete or missing, we will send you a letter requesting the necessary information. You will have 30 days (about a month) to respond to this request.
  • If coverage has been denied, we will send you a denial letter.

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Step 6. Public Comment Period

If we find your application is complete and you have approved the draft, we will post a public notice on the TCEQ website for a public comment period of 30 days. The date the public notice is posted to the TCEQ website is the beginning of the public comment period of 30 days.

Interested persons may obtain copies of all your application package materials, which will be available in TCEQ’s Office of the Chief Clerk in Austin and the TCEQ Regional Office where the CAFO is located. We will also provide a copy of the technical summary and Executive Director's Preliminary Decision, and General Permit TXG920000. 

During the 30-day comment period, the public may submit comments to the Office of the Chief Clerk or request a public meeting. If a public meeting is required, the TCEQ will post a notice at least 30 days in advance on the TCEQ’s Notice Web page

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Step 7. Executive Director’s Review

At the end of the public comment period, the Executive Director, after considering the public comments received, if applicable, will incorporate the revised terms of the NMP into the permit and the permit record and notify the permittee and the public of the revised terms and conditions. We will then take one of the following actions:

  • If the revised NMP and technical information meet the requirements of the general permit and the Executive Director approves the request for changes, we will send you an acknowledgement certificate and confirmation letter.
  • If your coverage is denied, we will send you a denial letter.

You must keep a copy of the NOC and the acknowledgement certificate onsite.

Remember: Permit coverage will remain active until you request termination. You must submit a Notice of Termination to TCEQ to cancel your permit. If your coverage is active on September 1 of any given year, you will owe a water quality fee for that year.

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If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

Concentrated Animal Feeding Operation (CAFO): Is My Operation A CAFO?

Find out if your operation is considered a concentrated animal feeding operation (CAFO) and determine if you need to obtain authorization under the CAFO General Permits No. TXG920000 or an individual permit to operate in Texas.

This page contains CAFO definitions, information on when you need to obtain an authorization for your CAFO and links to additional resources for how to apply for the different authorizations that may be required.

What is a Concentrated Animal Feeding Operation?

An animal feeding operation (AFO) is a lot or facility, other than an aquatic animal production facility, where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and in which the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season over any portion of the lot or facility.

When Do I Need a Permit?

On this page

The type and number of animals on site determine how an AFO is categorized under the rules:

Large Concentrated Animal Feeding Operation (CAFO)

An AFO with the number of animals in the following table, is considered a large CAFO and must obtain written authorization from the TCEQ.

HEAD ANIMAL TYPE
1,000 veal calves and cattle other than mature dairy cattle
700 mature dairy cattle (whether milking or dry cows)
2,500 swine weighing 55 pounds or more
10,000 swine weighing less than 55 pounds
5,000 ducks (liquid manure handling system)
30,000 ducks (not using liquid manure handling system)
500 horses
10,000 sheep or lambs
55,000 turkeys
82,000 laying hens (not using liquid manure handling system)
30,000 laying hens or broilers (liquid manure handling system)
125,000 chickens (other than laying hens, if not using liquid waste handling system)

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Medium CAFO

An AFO located in the Dairy Outreach Program Area (Bosque, Comanche, Erath, Hamilton, Hopkins, Johnson, Rains and Wood Counties) with the number of animals in the following table is considered a medium CAFO. All medium CAFOs in these counties must obtain written authorization from the TCEQ. CAFOs in other Counties must comply with the AFO rules in 30 TAC Chapter 321.47, unless if required to obtain a written authorization by the executive director. If you need technical assistance with your AFO, contact the Texas State Soil and Water Conservation Board (TSSWCB) that services your area.

HEAD ANIMAL TYPE
300 to 999 veal calves and cattle other than mature dairy cattle
200 to 699 mature dairy cattle (whether milking or dry cows)
750 to 2,499 swine weighing 55 pounds or more
3,000 to 9,999 swine weighing less than 55 pounds
10,000 to 29,999 ducks (not using liquid manure handling system)
1,500 to 4,999 ducks (liquid manure handling system)
150 to 499 horses
3,000 to 9,999 sheep or lambs
16,500 to 54,999 turkeys
25,000 to 81,999 laying hens (not using liquid manure handling system)
9,000 to 29,999 laying hens or broilers (liquid manure handling system)
37,500 to 124,999 chickens (other than laying hens, if not using liquid waste handling system)

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Small CAFO

AFO may be designated a small CAFO by the executive director because it is a significant contributor of pollutants into or adjacent to water in the state. Any AFO that is designated a small CAFO must obtain written authorization from the TCEQ.

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Other Animal Feeding Operations

AFOs that are not defined or designated as CAFOs are authorized under the permit by rule found in 30 TAC Chapter 321.47 . If you are an AFO but not a CAFO, you must submit a notification form TCEQ - 20280Microsoft Word Document and comply with the permit by rule. If you need technical assistance with your AFO, contact the Texas State Soil and Water Conservation Board (TSSWCB) or the USDA Natural Resource Conservation Service (NRCS).

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Apply for Coverage

If your CAFO must obtain authorization from the TCEQ, please visit the CAFO: Am I Regulated webpage to determine if you qualify for coverage under the CAFO General Permit (TXG920000) or an individual permit.

If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

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Concentrated Animal Feeding Operations (CAFO) General Permit: Non-substantial Changes for Large CAFOs

If you have an existing large CAFO facility currently authorized under the CAFO general permit (TXG920000) and are proposing to a non-substantial change to the terms of the nutrient management plan that was previously approved under your existing general permit authorization, you must apply for coverage.

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Concentrated Animal Feeding Operation (CAFO) General Permit: Making Changes to an approved Notice of Intent

Find out when to make changes to an existing CAFO authorization and how to apply for the change to your Notice of Intent after it has been approved under the CAFO general permit.

TCEQ reissued the CAFO General No. TXG920000, with an effective date of July 20, 2024.

1. Significant Expansion

A large CAFO or a state-only CAFO proposing a significant expansion (i.e., any change to the CAFO that increases the manure production at the CAFO by more than 50%, above the maximum operating capacity stated in the initial authorization for the facility under TXG920000) you must apply for coverage by submitting a new Notice of Intent ( Form TCEQ-20111). Visit the CAFO Significant Expansion webpage for additional resources on what changes are considered a significant expansion and how to apply for coverage.

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2. Substantial Change (for large CAFOs)

The following changes to large CAFOs require you to submit a Notice of Change (NOC) ( Form TCEQ-20511) for a substantial change:

  • Changing animal type.
  • Increasing headcount (with 50% or less increase in manure production when compared to the initial authorization).
  • Adding new LMUs.
  • Increasing the size of an existing LMU.
  • Adding crops or yield goals.

Visit the Substantial Change webpage for details on how to apply and the review process. TCEQ files substantial changes with the Office of the Chief Clerk (OCC) for public notice and public participation. Note: A manure production increase of greater than 50% from the initial authorization is a significant expansion and cannot be processed as an NOC (see item 1. above).

3. Non-substantial Change (for large CAFOs)

The following changes to large CAFOs require you to submit an NOC ( Form TCEQ 20511) for a non-substantial change:

  • Decreasing the number of confined animals.
  • Removing LMUs or reducing the size of an existing LMU, or reconfiguring existing LMUs without changing the approved boundaries.
  • Removing crops/yield goals.
  • Installation of digester.

See the Non-substantial Change webpage for details. TCEQ will review, approve, and post the public notification notice to the TCEQ GP webpage for Non-substantial Change. The non-substantial change applications will not be filed with the OCC and do not require public participation.

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4. Regular NOC (for large CAFOs and state-only CAFOs)

The following changes can be made by both large CAFOs and state only CAFOs and require you to submit an NOC (Form TCEQ 20511):

  • Address or phone number change.
  • Update to facility maps or a change to your property boundary (but not using the added property for land application).
  • Construction of RCSs or modification of existing RCSs.
  • Changes to wastewater production and use.
  • Changes to air authorization.

Upon receipt of the application, TCEQ will review and approve these changes, but they will not be filed with the OCC or uploaded to the TCEQ webpage.

5. State-only CAFO NOC

If you operate a state only CAFO as defined in the CAFO general permit, you must submit an NOC Form TCEQ 20511 to make any of the following changes:

  • Change the animal type.
  • Increase the number of confined animals (headcount) with an increase in manure production up to 50% of the initial approved Notice of Intent.
    Note: If the increase in the number of animals will meet the headcount threshold for a large CAFO, as defined in the GP, then the facility will no longer be a state-only CAFO. You will be regulated as a large CAFO and must comply with Item 1 above.
  • Decrease headcount.
  • Add new land management units (LMUs).
  • Change the boundary of or reconfigure existing LMUs.
  • Construct a new retention control structure (RCS) or modify existing RCSs.
  • Make any change to your site map.

TCEQ will review and approve these changes to the site. They are not filed with the OCC and are not subject to the public review process (public participation).

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If you have questions, please see our Contact Page or e-mail us at CAFO@tceq.texas.gov.

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