TCEQ meets with dairymen to help with CAFO regulations

By MANDY SPIKES | Central Texas Edition

Darrell Williams, with the TCEQ's wastewater permitting section, addresses dairymen during the Nov. 19 meeting regarding the new CAFO permit, which was held in Stephenville. -- Photo by Mandy Spikes

November 27, 2003 -- Recent changes directed at how dairymen run their concentrated animal feeding operations (CAFOs) have led many dairy farmers to feel both frustrated and confused. The situation of CAFOs being under scrutiny have led to even more rules and regulations being issued for dairy producers, especially those producers located in the Bosque Watershed area.

In order to help dairymen with this new information and important dates regarding the new CAFO permits in Texas, a meeting was held on Nov. 19 at the Texas Agricultural Research and Extension Center in Stephenville. Employees from the Texas Commission on Environmental Quality (TCEQ) were on hand to talk about the recent changes and the steps that dairymen will need to take to obtain a renewal of their CAFO permit.

"The reason we are meeting here today is to go over the TCEQ's permitting process," stated Darrell Williams, with the TCEQ's wastewater permitting section. "There are new rules and instructions for dairy CAFO's seeking to continue authorization."

Included in these rules are a mandatory renewal application of a dairy farm's CAFO, with the expiration date being set for July 27. The producers must file this individual permit renewal application at least 180 days before the expiration date. Williams stressed that this deadline pertained to all CAFO's, regardless if they are in the Bosque Watershed. "The answers and information regarding other issues dealing with the Bosque Watershed will be different than other watersheds," he explained.

The individual permit process is based on the authorization of new federal requirements that have been set up. These new requirements state that all CAFO registrations will expire on or before July 27.

"Under House Bill 2912, which was passed during the 77th Legislative Session, all new and expanding CAFOs in major sole source impairment zones must obtain an individual permit," he stated.

The bill also requires various options for waste management including a nutrient management plan and a plan for the removal of any excess manure. Williams went on to say that the excess manure must be disposed of at a compost site, on land outside the Bosque Watershed, or at an authorized landfill.

"You are also required to have soil sampling done on your land by a nutrient management specialist," he added.

Williams explained that the rules are dealing not only with legislation regulations, but also with federal requirements. "The federal requirements state that nutrient management programs must be implemented by 2006. If you are closing a facility, it must be completely closed by the expiration date or you must send in an application renewal form, even if you are no longer a CAFO."

The additional requirements issued for the Bosque Watershed include a nutrient management plan must be applied toward waste and wastewater applications in fields, the sludge volume must be monitored annually to ensure that it is being maintained at or below the sludge design volume, and vegetative buffers between land applications areas and waters in the state must be 100 feet.

There are seven steps for the individual permit process, explained Sarah Jenke, environmental permit assistant with the TCEQ. These steps include:

• Application received;
• Administrative review;
• Publish notice of intent;
• Technical review;
• Permit drafted and a notice of preliminary decision is made;
• Thirty day comment period; and
• Commission action.

"Individual permits will expire five years from the date that they were issued," stated Ed Whitmore, a permit coordinator with the TCEQ. He also reminded dairymen that all applications for renewal of authorizations expiring on July 27 must be submitted on or before Jan. 27.