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

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 Non-Substantial Change

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

• Authorized maximum capacity of animals: decrease the number of head of the confined species, or for dairy cattle, decrease the number of milkers, but keep the maximum capacity of animals with decrease or no change to the manure production. You will submit a manure production characteristics table as part of the supporting document, nutrient management plan (NMP), and revised design calculations for the retention control structures (RCSs).
• Land management units (LMUs):

• remove LMUs (the parcel of land will no longer be used for land application, but will remain within the property boundary) or change the property boundary with the LMU removal;
• decrease the acreage of existing LMUs; and
• reconfigure existing LMUs without adding any new land - Facility maps and the NMP will be updated and submitted with the NOC. You will also submit the laboratory reports for soil, manure and wastewater analyses that were used for the NMP. 
• Crops/yield goals: remove crops/yield goals from the list of alternative crops and yield goals that was previously approved for the CAFO site. You will submit the new list and note what crops/yield goals will be removed.
• Installation of digester in CAFO production area. You will submit the design calculations for the RCSs, updated NMP, facility maps and any other supporting documents for the digester with a Notice of Change (NOC).

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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

Submit a notice of change application package which includes:

• Electronic submittal:
• Submit the Notice of Change (NOC) form through the online e-permitting system.
• Mailed submittal (address provided on NOC):
• Notice of Change (NOC) Form (TCEQ 20511)
• Core Data Form (CDF) Form (TCEQ 10400), if applicable - Instructions to Fill Core Data Form  (TCEQ-10400-inst)
• The updated Nutrient Management Plan (NMP), based on the CAFO’s current soil, effluent and manure analyses
• Supporting documents
• One original of the application (to the Water Quality Application Review and Processing Team at the address on the NOC application)
• 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)

Step 5. Application Review

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

• If we find that your application is complete, we will send you a draft notice for you to review and post a notice on this webpage for 2 weeks public notification purposes, only. If the NOC causes any of the information that is on the certificate to change, we will mail you an updated certificate. You must keep a copy of the NOC and the acknowledgement certificate onsite.

• 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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Notices for non-substantial changes to the terms of the NMP for authorizations under the CAFO general permit can be found below, sorted by year.