TCEQ to propose dairy‑waste land‑application rules after public hearing with no comments

TCEQ staff updated the advisory group on proposed rulemakings to implement changes authorizing land application of dairy waste under emergency conditions and to create a separate land‑application authority for dairy waste.

Brian Sarant, team leader of the land application team, said the rulemaking would amend 30 Texas Administrative Code (TAC) Chapter 321 (concentrated animal feeding operations) by adding new sections (321.48 and 321.49) to allow concentrated animal feeding operations and unpermitted animal feeding operations to directly land‑apply dairy waste under emergency conditions and to dispose of dairy waste in a retention control structure and irrigate land application areas from that structure. The rulemaking would also add a new Subchapter Q titled “Land Application of Dairy Waste Authority,” enabling land application under emergency conditions on agricultural lands that are not associated with an animal feeding operation or any other TCEQ authorization.

Sarant said 30 TAC Chapter 335 (solid waste rules) would be amended (specifically 335.2 and 335.6) to exempt these activities from permitting and notification requirements under that chapter. Staff conducted a public hearing on March 31; they reported receiving no comments during the hearing or the public comment period. Sarant said TCEQ plans to propose adoption of the rules on the commission agenda on July 9 (the agenda date was revised from July 2 to July 9).

Why it matters: the proposed rules implement statutory changes that create a narrowly defined pathway for the land application of dairy waste under emergency conditions and clarify when those activities are exempt from standard solid‑waste permitting or notification.

Ending: Staff indicated they will proceed toward a July commission agenda item and offered to provide the rule language and supporting documents on request.