The Texas Commission on Environmental Quality (TCEQ) has proposed revisions to 30 TAC Chapter 321 related to revised EPA CAFO rules. The revisions will be considered for adoption at the July 2 TCEQ Commissioners agenda meeting. The federal requirements for NMP public participation were controversial at the national level. The TCEQ is working with stakeholders to develop NMP review and public participation processes at the state level. Some stakeholders may have concerns about requiring 0-6" soil sampling.
The amendments will incorporate changes in 40 Code of Federal Regulations (CFR) Parts 122 and 412, as required by 40 CFR §123.62(e) and the Memorandum of Agreement between the TCEQ and EPA Region VI. The amendments also incorporate requirements/concepts from the existing CAFO general permit and relocate certain rule requirements to other sections to improve organization, clarity and readability.
If approved by commissioners, the anticipated effective date will be July 31.