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TCEQ directs staff to begin rulemaking allowing ED‑approved CAFO mortality processing options
Summary
The commission voted to direct the Executive Director to initiate rulemaking to consider amending 30 TAC §321.39 so TCEQ can evaluate and approve alternative technologies (such as anaerobic digesters) for routine CAFO mortalities consistent with certain federal exceptions, after hearing support from staff and cautionary comments from Public Citizen.
The Texas Commission on Environmental Quality directed the Executive Director to initiate rulemaking to examine amendments to 30 Texas Administrative Code section 321.39 that would allow, on an ED‑approved basis, disposal or processing of routine animal mortalities in liquid manure or process wastewater systems at concentrated animal feeding operations (CAFOs).
Brian Shaw, representing petitioner Oberon Fuels, said the proposed amendment would align Texas rules with federal provisions in 40 CFR part 412 that permit case‑specific approvals of alternative technologies and argued anaerobic digesters can reduce odor, prevent scavenging by wildlife, reduce disease transmission risk, and improve nutrient recovery. He said the change would be voluntary and limited to routine mortalities, not mass mortality events.
Isabella Lascisero of Public Citizen told the commission the Texas Agriculture Code (chapter 161.004) directs TCEQ to coordinate rules about livestock carcass disposal with the Texas Animal Health Commission and urged TCEQ to ensure that coordination and to beware of pathogen and oversight risks; she also questioned whether the petitioner has existing permits or a Texas track record.
Shannon Gibson of the ED's Water Quality Division said staff recommends granting the petition and initiating rulemaking to provide regulatory flexibility consistent with federal rules and that the agency would coordinate with other state agencies as required. Eli Martinez of OPIC said OPIC supports initiating rulemaking to allow case‑specific approvals, stressing that any approvals should prioritize public health, water quality, and nuisance control.
Commissioners agreed the petition raised issues worth exploring and voted to direct the Executive Director to begin rulemaking on §321.39; the motion passed by unanimous voice vote. The commission noted that initiating rulemaking does not mean the agency will adopt the exact rule as proposed by the petitioner — it only opens the formal rulemaking process, which will include stakeholder input and required interagency coordination.
Next steps: the ED will initiate the formal rulemaking process, including any required consultations (for example with the Texas Animal Health Commission), public notice, and solicitation of comments and technical input.
