Disposing of Dairy Waste During Emergency Conditions
Forms
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Concentrated Animal Feeding Operations or Animal Feeding Operations (CAFO, AFO) |
Dairy waste hauler, contractor, dairy processing plant, or agricultural landowner |
Definition of Dairy Waste
Dairy waste includes the following:
- Milk
- Milk by-products
- A dairy operation’s processed waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption
Dairy waste does not include solid or semi-solid milk products.
Emergency Conditions that Apply
Emergency conditions – as they pertain to the requirements on this page – are instances where dairy waste is generated at any point along the dairy supply chain due to a reasonably unforeseeable situation, including but not limited to:
- Fire, flood, earthquake, hurricane, or tornado.
- Wind, rain, ice, or snowstorm.
- Power failure, transportation failure, mechanical failure, or interruption of communication facilities.
- Epidemic.
- Riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence.
- Any other situation deemed by the executive director to qualify as an emergency.
Disposal Activities Authorized Under Emergency Conditions
If you comply with the requirements in Title 30, Texas Administrative Code, Sections 321.48-49 , and Subchapter Q ), you are authorized to engage in the following activities:
- Directly land apply dairy waste, including dairy waste received from a third-party, under emergency conditions to land that is under the control of a permitted CAFO or unpermitted AFO.
- Store dairy waste during emergency conditions in a retention control structure (RCS) or playa and subsequently land apply the dairy waste for beneficial use.
- Direct land application of dairy waste, under emergency conditions, on agricultural land that is not associated with an animal feeding operation or any other TCEQ authorization.
Duration of Authorization
Authorization to land apply dairy waste on land management units under emergency conditions expires seven calendar days after the emergency condition ends.
An alternative duration for the authorization must be granted in writing by the executive director.
Notification Requirements for Disposal
The dairy operator or agricultural landowner must notify the appropriate TCEQ Regional Office orally within 24 hours of land application of dairy waste or by the next business day, and in writing within 14 days of the land application of the dairy waste.
Form 21028 – Use this form if you operate one of the following businesses that land applies dairy waste under emergency conditions:
- Concentrated Animal Feeding Operation
- Animal Feeding Operation
Form 21029 – Use this form if you apply dairy waste to agricultural land under emergency conditions as any of the following:
- Dairy waste hauler
- Contractor
- Dairy processing plant
- Agricultural landowner
Permit Coverage Required
You must obtain coverage under an individual or general permit from TCEQ if you engage in either of these activities:
- Plan to treat and discharge dairy waste into water of the state or dispose of dairy waste by land application or evaporation on an ongoing basis (i.e., not under emergency conditions).
- Store dairy waste in a retention control structure or playa, and irrigate the stored dairy.
Concentrated Animal Feeding Operation (CAFO): Is My Operation A CAFO? – If you think you may be required to obtain authorization from TCEQ, visit this webpage to determine if your activity is eligible for coverage under an individual permit or the CAFO general permit.
House Bill 692, 88th Legislature (2023) amended Texas Water Code (TWC), Chapter 26, Subchapter B. It also amended Texas Health and Safety Code (THSC), Chapter 361, Subchapter C.
Specifically, HB 692 added Section 26.0481 to the TWC and Section 361.1215 to the THSC. These amendments provide an additional regulatory and legal method for dairy AFOs to dispose of dairy waste.
Rulemaking
Through additions to THSC and TWC, HB 692 grants TCEQ rulemaking authority to:
Issue an authorization by rule for land application of dairy waste and to adopt rules governing that land application. Adopt rules allowing disposing of dairy waste from dairy operations – as defined in the rules to include permitted CAFOs and unpermitted AFOs – into a control or retention facility, including a lagoon or playa. Authorize land application by irrigation associated with that disposal.New Rules Under Subchapter B - TCEQ completed rulemaking to 30 TAC Chapter 321, Subchapter B, to allow dairy operations under emergency conditions to engage in all of the following:
- Land apply dairy waste.
- Store dairy waste in a RCS, including a lagoon or playa.
- Irrigate land application areas with dairy waste from the RCS.
Also under Subchapter B (Section 321.48-49) – Dairy operators must:
- Update the site-specific nutrient management plan (NMP) should the need arise for land application of dairy waste.
- Irrigate land application areas based on the application rates determined according to the narrative rate approach from both Title 40, Code of Federal Regulations, Section 122.42(e)(5)(ii), and 30, TAC, Section 321.36(c).
New Rules Under Subchapter Q – Entities including landowners and any person along the dairy supply chain (milk haulers, milk processing plant, and milk bottling facilities) may directly land apply dairy waste, under emergency conditions, on agricultural land that is not associated with an AFO or any other TCEQ authorization.
Subchapter Q also allows that during emergency conditions the following businesses may deliver dairy waste to landowners for beneficial use:
- Milk plant
- Receiving station
- Transfer station
- Milk tank truck
- Dairy product manufacturer
- Frozen dessert manufacturer
These businesses must be located and operating in the State of Texas and regulated by the Texas Department of State Health Services under 25 TAC, Chapter 217, Subchapter F.
Dumping dairy waste is prohibited by this rule.
Exemptions – Concurrently, TCEQ adopted rules amending 30 TAC Chapter 335 to exempt these activities from the permitting requirement in 30 TAC 335.2 and the notification requirement in 30 TAC 335.6.