TCEQ adopts rules allowing emergency land application and retention of dairy waste under HB 692 with protective requirements

The Texas Commission on Environmental Quality on July 9 adopted rule amendments to 30 Texas Administrative Code chapters 321 and 335 to implement House Bill 692 (88th Legislature). The amendments add new provisions allowing dairy operations to apply dairy waste to land-application areas directly, store dairy waste in retention-control structures (including lagoons or playas) and irrigate land-application areas with dairy waste from retention-control structures under emergency conditions. The rules also add a new subchapter to authorize land application of dairy waste on agricultural land that is not associated with an animal feeding operation or other TCEQ authorization under specified emergency conditions.

Shannon Gibson of the Water Quality Division said the proposed rules were published in the Feb. 28, 2025 Texas Register, a public hearing was offered March 31, 2025, the public comment period closed the same day, and staff received no public comments. The rulemaking includes provisions intended to protect surface water and groundwater quality, ensure benefits to vegetation, and prevent nuisance conditions; it also exempts these specified emergency activities from certain permitting and notification requirements in chapter 335.

OPEC noted the rulemaking implements required legislative changes, acknowledged potential for odor complaints, and said the subsections include requirements to protect water quality and prevent nuisance conditions. The commission adopted the rulemaking and authorized nonsubstantive edits required by Texas Register procedures.

Commissioners thanked staff and stakeholders for their work on the package. The amendments will be incorporated into the agency code and the preamble and rule text will reflect any technical edits required for publication.