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

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.

 Back to top

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.

 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 this general permit, 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, 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)

 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 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.

 Back to top

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

Back to top

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.

Back to top

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