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

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.

 Back to top

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.

 Back to top

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.

 Back to top

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)

 Back to top

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.

 Back to top

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.

 Back to top

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.

 Back to top

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