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

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.