Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 290.
PUBLIC DRINKING WATER
Subchapter H. CONSUMER CONFIDENCE REPORTS
30 TAC §§290.271 - 290.275
The Texas Natural Resource Conservation Commission (commission)
proposes new §§290.271- 290.275, Consumer Confidence Reports. The
commission proposes these revisions to Chapter 290, Public Drinking Water,
in order to implement a federal rule requiring community water systems to
prepare and provide to their customers annual consumer confidence reports
on the quality of the water delivered by the systems.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
As part of the 1996 Amendments to the Safe Drinking Water Act (SDWA), the
United States Environmental Protection Agency (EPA) was required to develop
rules requiring community water systems to develop reports on the quality
of the water they provide to their customers. These reports provide valuable
water quality information to customers of community water systems and allow
the customers to make health-based decisions regarding their drinking water
consumption.
Consumer confidence reports are the centerpiece of public right-to-know
provisions under the SDWA. The information contained in the reports is intended
to raise consumer awareness of where their drinking water comes from, help
them understand the process by which safe drinking water is delivered to their
homes, and educate them on the importance of preventative measures, such as
source water protection, that help to ensure a safe drinking water supply.
Additionally, the reports provide information for consumers with special health
needs and provide information and resources for accessing source water assessments
and health effects data.
The federal rule was finalized on August 19, 1998. Community water systems
were required to prepare and distribute the first report by October 19, 1999,
the second report by July 1, 2000, and subsequent annual reports by July 1,
thereafter. Most community water systems developed and distributed reports
during 1999.
The federal rule requires states that have safe drinking water primacy
enforcement responsibilities to adopt the federal consumer confidence report
provisions by August 21, 2000. States may adopt by rule alternative requirements
for the form and content of the report. The alternative requirements must
provide the same type and amount of information as required by the federal
rule and must be designed to achieve an equivalent level of public information
and education as would be achieved under the federal rule. These alternative
requirements must be submitted to EPA for approval.
Program staff conducted a series of workgroup meetings with representatives
of community water systems and interested parties to receive comment and suggestions
on the development of the state rules and on the content of a report that
would best inform consumers. Program staff also provided assistance during
the systems' development of the first report that was distributed by October
19, 1999, and has used information gathered from this assistance in the development
of this proposal.
SECTION BY SECTION DISCUSSION
Proposed new §290.271, relating to Purpose and Applicability, explains
that the rules establish the minimum requirements for the content of annual
reports that community water systems must deliver to their customers.
Proposed new §290.272, relating to Contents of the Reports, describes
the information that must be included in the reports. The reports must include
information on the source of the drinking water, including any information
on source water assessments that have been conducted. The reports must provide
explanations for definitions and references of technical and scientific terms
used. At a minimum, the terms that need to be defined in the reports are maximum
contaminant level goal (MCLG), maximum contaminant level (MCL), variances,
exemptions, treatment techniques, action level (AL), parts per million (ppm),
parts per billion (ppb), parts per trillion (ppt), parts per quadrillion (ppq),
nepholometric turbidity units (NTU), million fibers per liter (mfl), millirems
per year (mrem/year), and picocuries per liter (pCi/l).
Proposed new subsection (c) requires the inclusion of information on detected
regulated and unregulated contaminants and disinfection by-products subject
to mandatory monitoring by 30 TAC Chapter 290, Subchapter F state regulations.
The proposed rules do not require reporting of Secondary Constituent Levels
listed in §290.113. This section provides appendices that the systems
must use in preparing the required tables for the report. Appendices contained
in §290.275 provide guidance on how to report the contaminants. Appendix
A, relating to Converting MCL Compliance Values for Consumer Confidence Reports,
provides factors for converting scientific MCL values into units, such as
ppm and ppb, that may be used in the consumer confidence report. Appendix
B, relating to Regulated Contaminants, provides information on the likely
sources of detected contaminants. Appendix C, relating to Health Effects Language,
provides information on potential health effects of detected contaminants
that must be included in the consumer confidence report.
Proposed new subsection (d), information on
Cryptosporidium
, radon, and other constituents, explains that if the system has performed
monitoring for
Cryptosporidium
or radon, and
the monitoring indicates the presence of
Cryptosporidium
, radon, or other contaminants in the finished water, the report shall
include the results of the monitoring and the significance of the results.
Proposed new subsection (e), compliance with National Primary Drinking
Water Regulations (NPDWR), explains that any violation of the NPDWR requirements
occurring over the year covered by the report must be noted in the report.
NPDWR requirements include: monitoring and reporting of compliance data; filtration
and disinfection equipment and processes; lead and copper controls; treatment
techniques for Acrylamide and Epichlorohydrin; i.e., recordkeeping of compliance
data; special monitoring requirements such as those prescribed by the NPDWR;
and violation of the terms of a variance, exemption, administrative order,
or judicial order.
Proposed new subsection (f) requires the systems operating under the terms
of a variance or exemption to explain the terms and status of the variance
or exemption.
Proposed new subsection (g) details the following information that must
be included in the report: a brief explanation regarding contaminants that
may reasonably be expected to be found in drinking water; phone number of
the owner/operator; a statement in Spanish explaining where to call for more
information in Spanish and other languages as necessary; information on opportunities
for public participation, such as the system's board meetings; and information
on interconnector emergency sources of water used during the calendar year.
In addition, the report may include additional information that is consistent
with, but does not detract from, the report's intended purpose.
Proposed new §290.273, relating to Required Additional Health Information,
provides required language that must appear in the report. Subsection (a)
includes language on the vulnerability of the general population and certain
populations to certain microbial contaminants. Subsection (b) explains that
systems which detect arsenic levels above 25 micrograms per liter, but below
the MCL, shall include the provided statement about arsenic. Subsection (c)
explains that a system that detects nitrate levels above five mg/l but below
the MCL, must include the provided statement about the impacts of nitrate
on children. Subsection (d) provides a statement on the impacts of lead on
children that shall be included by systems where the action level is greater
than 5.0% of the homes sampled when 20 or more samples are gathered. Subsection
(e) provides that any water system subject to this section may seek approval
from the executive director to write its own alternative information statements.
Proposed new §290.274, relating to Report Delivery and Recordkeeping,
explains that the reports must be delivered to customers by July 1 of each
year. The system shall use adequate and appropriate means for delivering the
report to its customers. Systems shall certify that the report has been distributed
and provide a copy to the executive director by August 1 of each year. The
report shall be made available upon request, and those systems serving 100,000
people or more shall post the report to a publicly accessible site on the
Internet. Finally, any system that provides water to another community water
system shall deliver the information contained in §290.272 to the community
water system by April 1 or a date agreed upon by both systems.
Proposed new §290.275 contains the appendices relevant to this subchapter.
These tables appear in the Tables and Graphics section of this issue of the
FISCAL NOTE
Jeff Grymkoski, Director, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed rules are in effect, there
will be no significant fiscal implications for state government as a result
of administration or enforcement of the proposed new sections. However, there
will be significant fiscal implications to units of local government that
own community water systems.
The proposed rules will require units of local government that own community
water systems to prepare and provide to their customers annual consumer confidence
reports on the quality of water delivered by the system. This action is mandated
by the 1996 Amendments to the SDWA.
The proposed rules establish the minimum requirements for the content of
annual reports that community water systems must deliver to their customers,
including a template that will be accompanied by required and suggested language
to complete the report.
The fiscal impact to local governments for the development and distribution
of the report is estimated to range from $1.00 per connection for those systems
with fewer than 500 customers to $2.50 per connection for systems with 100,000
or more customers. Systems with a customer base between 500 and 100,000 will
have cost implications between $1.00 to $2.50 per connection.
The following estimates are based on comments received from representatives
of large, medium and small water systems at a public meeting the agency held
on November 9, 1999.
The estimated average cost for the 24 cities in Texas with 100,000 or more
customers to comply with the proposed rules is $2.50 per customer annually,
according to representatives from the cities of Austin, Dallas, Fort Worth,
Houston, and San Antonio. It is anticipated that these reports will cost more
to produce and deliver than other systems because they will be professionally
produced by graphic designers and print shops instead of using the template
developed by the agency.
The estimated average cost for the approximately 2,000 community water
systems serving at least 500, but less than 100,000 customers to comply with
the proposed rules is estimated between $1.00 to $2.50 per customer annually,
according to representatives from the City of College Station, Eco Resources,
and Severen Trent Environmental. The higher cost estimate reflects the use
of a consultant to complete the report and have it professionally printed.
The lower cost estimate reflects the community water system's use of the agency's
proposed template to comply with the proposed rules.
The estimated average cost for the 2,500 small community water systems
serving fewer than 500 customers to comply with the proposed rules is $1.00
per customer annually, according to representatives from Kingsland and Postwood
Municipal Utility Districts. It is anticipated that small community water
systems will use the proposed template to comply with the rules.
The fiscal costs are determined based on the minimum requirements of the
content of the report as set out in this proposed rulemaking. The report's
content includes information obtained through monitoring and sampling that
is already required of these systems through other regulatory requirements.
This proposal does not require any new sampling, testing, or data gathering.
System owners on their own may include other information in the report. Costs
on which the fiscal impact is based are those related to the development of
the document, the copying or printing of the document, and the method for
distribution of the report. In most cases, community water systems will be
taking available data and information and developing tables as described in
the proposed rules. These tables will be accompanied by suggested and required
language found in the proposed rules to complete the development of the report.
The report will then either be copied or printed. Distribution procedures
may include by mail, an insert in the monthly service bill, or hand-delivery
by meter readers during their monthly routes. Any additional cost associated
with the inclusion of other information not required by the rulemaking is
not part of the fiscal implications cited.
PUBLIC BENEFIT
Mr. Grymkoski has also determined that for each year of the first five
years the proposed revisions are in effect, the public will benefit by having
current information on the quality of the water delivered by their water system,
which will allow them to make personal health-based decisions regarding their
drinking water consumption. The information contained in these annual reports
may raise consumer awareness of where their water comes from, help them understand
the process by which safe drinking water is delivered to their homes, and
educate them about the importance of preventative measures, such as source
water protection, that ensure a safe drinking water supply. Information in
the report can be used by consumers, especially those with special health
needs, to make informed decisions regarding their drinking water.
Businesses which manage community water systems for units of local government
should not be adversely affected by the provisions of the rules. The proposed
rules do not require any new sampling, testing, or data gathering. The rules
do, however, require the affected unit of local government to pay the cost
of preparing and providing consumer confidence reports to its customers.
SMALL AND MICRO-BUSINESS IMPACT ANALYSES
Certain small and micro-businesses may experience adverse economic impacts,
which are not anticipated to be significant, as a result of implementing the
proposed rules.
Some privately held community water systems and "ancillary" community water
systems with fewer than 500 customers, such as trailer parks and retirement
homes, may be owned by persons, small businesses, or micro-businesses. These
systems will also be required to comply with the proposed rulemaking and will
have similar fiscal implications to the local governments. It is estimated
that the fiscal impact to small and micro-businesses which hold community
water systems will range from $1.00 to $2.50 per customer annually for the
development and distribution of the report.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in the Texas
Government Code. The rules implement federal requirements related to community
water systems' responsibility to develop and distribute an annual report on
the quality of the water they provide to their customers. These reports, called
consumer confidence reports, are required of all community water systems,
whether these systems are publicly or privately owned. The proposed rules
establish the minimum requirements for content in the report and for the distribution
of and recordkeeping associated with the report. While the proposed rules
are not intended to protect the environment, they may help in reducing human
health risks by providing customers with information about their drinking
water. The proposed rules will not adversely affect in a material way the
economy of the state, any sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state. Therefore,
the proposed rules do not meet the definition of a "major environmental rule."
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these rules
under Texas Government Code, §2007.043. The following is a summary of
that assessment. The specific purpose of the rulemaking is to implement SDWA
provisions requiring community water systems to develop annual reports on
the quality of the water they provide to their customers. These annual reports
are known as consumer confidence reports. The federal regulations require
states with safe drinking water primacy enforcement responsibilities to adopt
the federal consumer confidence report provisions by August 21, 2000. The
proposed rules provide the requirements for the information that at a minimum
shall be contained in the reports. This information shall include the source
of the drinking water provided by the system, information on any source of
water assessments conducted, explanations of the technical terms and references
used, and information on regulated and unregulated contaminants. The report
shall also include any results from monitoring that is done to determine the
presence of
Cryptosporidium
. The proposed
rules also provide language to be used in the report regarding health information,
such as vulnerability by general and certain populations to contaminants.
Finally, the rules provide that the reports will be delivered to customers
by July 1 of each year and copies will be maintained for a designated period.
The proposed rulemaking does not impose a burden on private property as
the subject of the rules is related to reporting information on the quality
of water provided by community water systems. The proposed rulemaking implements
SDWA requirements that states with safe drinking water primacy enforcement
responsibilities must adopt. The proposed rulemaking action is intended to
fulfill an obligation mandated by federal law.
Therefore, this revision will not constitute a takings under Texas Government
Code, Chapter 2007.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The executive director has reviewed the proposed rulemaking and found that
the rules are neither identified in Coastal Coordination Act Implementation
Rules, 31 TAC §505.11, relating to Actions and Rules Subject to the Texas
Coastal Management Program, nor will they affect any action/authorization
identified in Coastal Coordination Implementation Rules, 31 TAC §505.11.
Therefore, the proposed rules are not subject to the CMP.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on June 12, 2000
at 10:00 a.m. in Building F, Room 2210 at the Texas Natural Resource Conservation
Commission Complex, located at 12100 Park 35 Circle. Individuals may present
oral statements when called upon in order of registration. Open discussion
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes before the hearing and will answer
questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs, who are planning to attend the hearing, should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-065-290-WT. Comments must be received by 5:00 p.m., June 19, 2000. For
further information, please contact Bruce Moulton, Policy and Regulations
Division, (512) 239-4809.
STATUTORY AUTHORITY
The new sections are proposed under Texas Water Code, §5.103, which
provides the commission with the authority to adopt and enforce rules necessary
to carry out its powers and duties under the laws of this state; Health and
Safety Code, §341.031, which allows the commission to adopt rules to
implement the SDWA, 42 United States Code §§300 et seq.; and Health
and Safety Code, §341.0315, which requires public water supply systems
to meet the requirements of commission rules.
The proposed new sections implement Texas Water Code, §341.031.
§290.271. Purpose and Applicability.
(a)
The purpose of the sections in this subchapter is to establish
the minimum requirements for the content of annual reports that community
water systems must deliver to their customers. These reports must contain
information on the quality of the water delivered by the systems and characterize
any risk from exposure to contaminants detected in the drinking water in an
accurate and understandable manner. This subchapter applies only to community
water systems.
(b)
Each community water system must provide to its customers
an annual report that contains the information specified in this subchapter.
§290.272.Content of the Report.
(a)
Information on the source of the water delivered must be
included in the report.
(1)
Each report must identify the source(s) of the water delivered
by the community water system by providing information on the type of the
water (such as surface water or groundwater) and any commonly used name and
location of the body(ies) of water.
(2)
If a source water assessment has been completed, the
report must notify consumers of the availability of this information and the
means to obtain it. In the reports, systems should highlight significant sources
of contamination in the source water area if they have readily available information.
(3)
If a system has received a source water assessment
from the executive director, the report must include a brief summary of the
system's susceptibility to potential sources of contamination using language
provided by the executive director.
(b)
The following explanations must be included in the annual
report.
(1)
Each report shall contain definitions of:
(A)
Maximum contaminant level goal (MCLG) - the level of a
contaminant in drinking water below which there is no known or expected risk
to health. MCLGs allow for a margin of safety; and
(B)
Maximum contaminant level (MCL) - the highest level of
a contaminant that is allowed in drinking water. MCLs are set as close to
MCLGs as feasible using the best available treatment technology.
(2)
The following terms and their descriptions shall
be included when they appear in the report:
(A)
MFL - million fibers per liter (a measure of asbestos);
(B)
mrem/year - millirems per year (a measure of radiation
absorbed by the body);
(C)
NTU - nephelometric turbidity units (a measure of turbidity);
(D)
pCi/l - picocuries per liter (a measure of radioactivity);
(E)
ppb - parts per billion, or micrograms per liter ( g/l);
(F)
ppm - parts per million, or milligrams per liter (mg/l);
(G)
ppt - parts per trillion, or nanograms per liter; and
(H)
ppq - parts per quadrillion, or picograms per liter.
(3)
A report for a community water system operating
under a variance or an exemption of the Safe Drinking Water Act shall include
a description of the variance or the exemption granted under §290.115
of this title (relating to Variance and Exemptions).
(4)
A report that contains data on a contaminant for which
the EPA has set a treatment technique or an action level must include, depending
on the contents of the report, the definitions for:
(A)
Treatment technique (TT) - a required process intended
to reduce the level of a contaminant in drinking water; and
(B)
Action level (AL) - the concentration of a contaminant
which, if exceeded, triggers treatment or other requirements which a water
system must follow.
(c)
Information on detected contaminants.
(1)
This subsection specifies the requirements for information
to be included in each report for detected contaminants subject to mandatory
monitoring, excluding
Cryptosporidium
. Mandatory
monitoring is required for:
(A)
regulated contaminants subject to an MCL, action level,
or treatment technique;
(B)
unregulated contaminants for which monitoring is required
by 40 Code of Federal Regulations (CFR) §141.40, relating to Unregulated
Contaminants and found in §290.275(4) of this title (relating to Appendices
A-D); and
(C)
disinfection by-products or microbial contaminants for
which monitoring is required by 40 CFR §141.142, relating to Information
Collection Requirements (ICR) for Public Water System- Disinfection by-product
and related monitoring, and 40 CFR §141.143, relating to Microbial Monitoring
Requirements.
(2)
The data relating to these detected contaminants
shall be displayed in one table or in several adjacent tables. Any additional
monitoring results which a community water system chooses to include in its
reports must be displayed separately.
(3)
The data shall be derived from data collected to comply
with EPA and the commission monitoring and analytical requirements during
the previous calendar year, except when a system is allowed to monitor for
regulated contaminants less often than once per year. In that case, the table(s)
must include the date and results of the most recent sampling, and the report
must include a brief statement indicating that the data presented in the report
is from the most recent testing done in accordance with the regulations. The
report does not need to include data that is older than five years. Furthermore,
results of monitoring in compliance with the 40 CFR §141.142, relating
to ICR Disinfection by- product and related monitoring, and 40 CFR §141.143,
relating to ICR Microbial Monitoring Requirements, need only be included for
five years from the date of the last sample or until any of the detected contaminants
becomes regulated and subject to routine monitoring requirements, whichever
comes first.
(4)
For detected regulated contaminants listed under §290.275
of this title, the table(s) shall contain:
(A)
the MCLs for those contaminants expressed as a number equal
to or greater than 1.0 (as provided under §290.275 of this title);
(B)
the MCLGs for those contaminants expressed in the same
units as the MCLs (as provided for under §290.275 of this title);
(C)
if there is no MCL for a detected contaminant, the treatment
technique or specific action level applicable to that contaminant; and
(D)
for contaminants subject to an MCL, except turbidity and
total coliforms, the highest contaminant level used to determine compliance
with National Primary Drinking Water Regulations and the range of detected
levels.
(i)
For contaminants subject to MCLs, except turbidity and
total coliforms, when sampling takes place once per year or less often, the
table(s) must contain the highest detected level at any sampling point and
the range of detected levels expressed in the same units as the MCL.
(ii)
If sampling takes place more than once per year at each
sampling point, the table(s) must contain the highest average of any of the
sampling points and the range of all sampling points expressed in the same
units as the MCL.
(iii)
If compliance with any MCL is determined on a system-wide
basis by calculating a running annual average of all samples at all sampling
points, the table(s) must include the average and range of detection expressed
in the same units as the MCL.
(iv)
If the executive director allows the rounding of results
to determine compliance with the MCL, rounding should be done prior to multiplying
the results by the factor listed under §290.275 of this title.
(E)
When turbidity is reported under §290.111 of this
title (relating to Turbidity), the table(s) must contain the highest single
measurement and the lowest monthly percentage of samples meeting the turbidity
limits specified in that section for the filtration technology being used.
The report should include an explanation of the reasons for measuring turbidity.
(F)
When lead and copper are reported, the table(s) must contain
the 90th percentile value of the most recent round of sampling and the number
of sampling sites exceeding the action level.
(G)
When total coliform is reported, the table(s) must contain
either the highest monthly number of positive samples for systems collecting
fewer than 40 samples per month or the highest monthly percentage of positive
samples for systems collecting at least 40 samples per month.
(H)
When fecal coliform is reported, the table(s) must contain
the total number of positive samples.
(I)
The table(s) must contain information on the likely source(s)
of detected contaminants based on the operator's knowledge. Specific information
regarding contaminants may be available in sanitary surveys or source water
assessments and should be used when available. If the operator lacks specific
information on the likely source, the report must include one or more typical
sources most applicable to the system for any particular contaminant listed
under §290.275 of this title.
(i)
If a community water system distributes water to its customers
from multiple hydraulically independent distribution systems that are fed
by different raw water sources, the table(s) must contain a separate column
for each service area, and the report must identify each separate distribution
system. Systems may produce separate reports tailored to include data for
each service area.
(ii)
The table(s) must clearly identify any data indicating
violations of MCLs or treatment techniques. The report must contain a clear
and readily understandable explanation of the violation. The explanation must
include the length of the violation, the potential adverse health effects,
and actions taken by the system to address the violation. To describe the
potential health effects, the system must use the relevant language contained
under §290.275 of this title.
(5)
For detected unregulated contaminants found
under §290.275 of this title, for which monitoring is required (except
(d)
Information on
Cryptosporidium
, radon, and other contaminants.
(1)
If the system has performed any monitoring for
Cryptosporidium
, the report must include a summary of the results of
the monitoring and an explanation of the significance of the results.
(2)
If the system has performed any monitoring for radon
which indicates that radon may be present in the finished water, the report
must include the results of the monitoring and an explanation of the significance
of the results.
(3)
If the system has performed additional monitoring
which indicates the presence of other contaminants in the finished water,
the executive director strongly encourages systems to report any results which
may indicate a health concern. To determine if the results may indicate a
health concern, the executive director recommends that systems find out if
the EPA has proposed a standard in the
National Primary
Drinking Water Regulations
(NPDWR) or issued a health advisory for
any particular contaminant. This information may be obtained by calling the
Safe Drinking Water Hotline at (800) 426-4791. The executive director considers
detections that are above a proposed MCL or health advisory level to indicate
possible health concerns. For such contaminants, the executive director recommends
that the report include the results of the monitoring and an explanation of
the significance of the results. The explanation should note the existence
of a health advisory or a proposed regulation.
(e)
Compliance with NPDWR. In addition to the requirements
in subsection (b)(6) of this section, the report must note any violation that
occurred during the year covered by the report of a requirement listed in
paragraphs (1)-(7) of this subsection.
(1)
The report must include a clear and readily understandable
explanation of each violation of monitoring and reporting of compliance data
and explain any adverse health effects and steps the system has taken to correct
the violation.
(2)
The report must include a clear and readily understandable
explanation of each violation of filtration and disinfection prescribed by
Subchapter F of this chapter (relating to Drinking Water Standards Governing
Drinking Water Quality and Reporting Requirements for Public Water Supply
Systems) and explain any adverse health effects and steps the system has taken
to correct the violation. This applies both to systems which have failed to
install adequate filtration, disinfection equipment or processes, and to systems
that have had a failure of such equipment or processes, each of which constitutes
a violation. In either case, the report must include the following language
as part of the explanation of potential adverse health effects: "Inadequately
treated water may contain disease- causing organisms. These organisms include
bacteria, viruses and parasites which can cause symptoms such as nausea, cramps,
diarrhea and associated headaches."
(3)
The report must include a clear and readily understandable
explanation of each violation of the lead and copper control requirements
prescribed by §290.117 of this title (relating to Regulation of Lead
and Copper). For systems which fail to take one or more actions prescribed
by §290.117(g), (h), and (i) of this title, the report must include the
applicable health effects language of §290.275 of this title for lead,
copper, or both and the steps the system has taken to correct the violation.
(4)
The report must include a clear and readily understandable
explanation of each violation of treatment techniques for Acrylamide and Epichlorohydrin
prescribed by §290.107 of this title (relating to Organic Contaminants).
If a system violates these requirements, the report shall include the relevant
health effects language from §290.275 of this title and the steps the
system has taken to correct the violation.
(5)
The report must include a clear and readily understandable
explanation of each violation of recordkeeping of compliance data and explain
any adverse health effects and steps the system has taken to correct the violation.
(6)
The report must include a clear and readily understandable
explanation of each violation of special monitoring requirements for unregulated
contaminants and special monitoring for sodium as prescribed by 40 CFR §141.40
and §141.41 and explain any adverse health effects and steps the system
has taken to correct the violation.
(7)
The report must include a clear and readily understandable
explanation of each violation of the terms of a variance, exemption, administrative
order, or judicial order and explain any adverse health effects and steps
the system has taken to correct the violation.
(f)
Variances and exemptions. If a system is operating under
the terms of a variance or exemption issued under §290.102(b) of this
title (relating to General Applicability), the report must contain:
(1)
an explanation of the variance or exemption;
(2)
the date on which the variance or exemption was issued
and on which it expires;
(3)
a brief status report on the steps the system is taking,
such as installing treatment processes or finding alternative sources of water,
to comply with the terms and schedules of the variance or exemption; and
(4)
a notice of any opportunity for public input as the
review or renewal of the variance or exemption.
(g)
Additional information.
(1)
The report must contain a brief explanation regarding contaminants
which may reasonably be expected to be found in drinking water (including
bottled water). This explanation may include the language contained within
subparagraphs (A)-(C) of this paragraph, or systems may include their own
comparable language. The report must include the language of subparagraphs
(D) and (E) of this paragraph.
(A)
The sources of drinking water (both tap water and bottled
water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground, it dissolves
naturally-occurring minerals and, in some cases, radioactive material, and
can pick up substances resulting from the presence of animals or from human
activity.
(B)
Contaminants that may be present in source water include:
(i)
microbial contaminants, such as viruses and bacteria, which
may come from sewage treatment plants, septic systems, agricultural livestock
operations, and wildlife;
(ii)
inorganic contaminants, such as salts and metals, which
can be naturally-occurring or result from urban stormwater runoff, industrial
or domestic wastewater discharges, oil and gas production, mining, or farming;
(iii)
pesticides and herbicides, which might have a variety
of sources such as agriculture, urban stormwater runoff, and residential uses;
(iv)
organic chemical contaminants, including synthetic and
volatile organic chemicals, which are by- products of industrial processes
and petroleum production, and can also come from gas stations, urban stormwater
runoff, and septic systems; and
(v)
radioactive contaminants, which can be naturally-occurring
or the result of oil and gas production and mining activities.
(C)
In order to ensure that tap water is safe to drink, the
EPA prescribes regulations which limit the amount of certain contaminants
in water provided by public water systems. Food and Drug Administration (FDA)
regulations establish limits for contaminants in bottled water which must
provide the same protection for public health.
(D)
Contaminants may be found in drinking water that may cause
taste, color, or odor problems. These types of problems are not necessarily
causes for health concerns. For more information on taste, odor, or color
of drinking water, please contact the system's business office.
(E)
Drinking water, including bottled water, may reasonably
be expected to contain at least small amounts of some contaminants. The presence
of contaminants does not necessarily indicate that water poses a health risk.
More information about contaminants and potential health effects can be obtained
by calling the EPA's Safe Drinking Water Hotline at (800) 426-4791.
(2)
The report must include the telephone number
of the owner, operator, or designee of the community water system as an additional
source of information concerning the report.
(3)
The report must include the following statement in
a prominent placement on the first page: "Este reporte incluye informacion
importante sobre el agua para tomar. Para obtener una copia de esta informacion
traducida al Espanol, favor de llamar al telefono (XXX) XXX-XXXX." In addition
to this statement in Spanish, for communities with a large proportion of non-English
and non-Spanish speaking residents, as determined by the executive director,
the report must contain information in the appropriate language(s) regarding
the importance of the report or contain a telephone number or address where
such residents may contact the system to obtain a translated copy of the report
or assistance in the appropriate language.
(4)
The report must include information about opportunities
for public participation in decisions that may affect the quality of the water
(e.g., time and place of regularly scheduled board meetings). Investor-owned
utilities are encouraged to conduct public meetings, but must include a phone
number for public input.
(5)
The systems may include such additional information
for public education consistent with, and not detracting from, the purposes
of the report.
(6)
Systems that use an interconnect or emergency source
during the calendar year of the report must provide the source of the water,
the length of time used, an explanation of why it was used, and whom to call
for the water quality information.
§290.273.Required Additional Health Information.
(a)
All reports must prominently display the following language
on the first page of the consumer confidence report or in bold print on the
second page of the report: "
You may be more vulnerable
than the general population to certain microbial contaminants, such as Cryptosporidium,
in drinking water. Infants, some elderly, or Immuno-compromised persons such
as those undergoing chemotherapy for cancer; those who have undergone organ
transplants; those who are undergoing treatment with steroids; and people
with HIV/AIDS or other immune system disorders can be particularly at risk
from infections. You should seek advice about drinking water from your physician
or health care provider. Additional guidelines on appropriate means to lessen
the risk of infection by Cryptosporidium are available from the Safe Drinking
Water Hotline (800-426-4791)
."
(b)
A system which detects arsenic levels above 25 micrograms
per liter but below the maximum contaminant level (MCL) shall include in its
report a short informational statement about arsenic using the following language:
"
EPA is reviewing the drinking water standard for
arsenic because of special concerns that it may not be stringent enough. Arsenic
is a naturally-occurring mineral known to cause cancer in humans at high concentrations
."
(c)
A system which detects nitrate at levels above five milligrams
per liter (mg/l), but below the MCL shall include a short informational statement
about the impacts of nitrate on children using the following language: "
(d)
Systems collecting 20 or more samples which detect lead
above the action level in greater than 5.0% of homes sampled shall include
a short informational statement about the special impact of lead on children
using the following language: "
Infants and young
children are typically more vulnerable to lead in drinking water than the
general population. It is possible that lead levels at your home may be higher
than at the homes in the community as a result of materials used in your home's
plumbing. If you are concerned about elevated lead levels in your home's water,
you may wish to have your water tested and flush your tap for 30 seconds to
two minutes before using tap water. Additional information is available from
the Safe Drinking Water Hotline at (800) 426-4791
."
(e)
Any water system subject to any or all of subsections (b)-(d)
of this section may seek approval from the executive director to write its
own alternative educational informational statement.
(f)
Public water systems that detect total trihalomethanes
above 0.080 mg/l but below the MCL of 0.10 mg/l as an annual average must
include health effects language provided by 40 Code of Federal Regulations §141.154(e),
Appendix C, paragraph (73).
§290.274.Report Delivery and Recordkeeping.
(a)
Each community water system must mail or otherwise directly
deliver one copy of the report to each customer by July 1 of each year. Each
report must contain data collected during the previous calendar year. For
tests not performed each year, data used shall not be older than five years.
Each new community water system must deliver its first report by July 1 of
the year after its first full calendar year in operation and annually thereafter.
In addition, each community water system must provide a copy of the report
to each new customer upon request.
(b)
In addition to delivering a report to each customer, the
system must make a good-faith effort to reach consumers who do not get water
bills, using means recommended by the executive director. An adequate good-faith
effort should be tailored to the consumers who are served by the system but
are not bill-paying customers, such as renters or workers. A good-faith effort
to reach such consumers should include a mix of methods appropriate to the
particular system such as: posting the reports on the Internet; mailing to
postal patrons in metropolitan areas; advertising the availability of the
report in the news media; publication in a local newspaper; posting in public
places such as cafeterias or lunchrooms of public buildings; delivery of multiple
copies for distribution for single-billed customers such as apartment buildings
or large private employers; and delivery to community organizations.
(c)
Each community water system shall certify to the executive
director that the report has been distributed and that the information in
the report is correct and consistent with the compliance monitoring data previously
submitted to the executive director. This certification and a copy of the
report must be mailed to the executive director by August 1 of each year.
(d)
Each community water system shall deliver the report to
any other agency or clearinghouse identified by the executive director no
later than the date the system is required to distribute the report to its
customers.
(e)
Each community water system shall make its report available
to the public upon request.
(f)
Each community water system serving 100,000 or more people
shall post its current year's report to a publicly accessible site on the
Internet.
(g)
Any system providing water to a community water system
shall deliver the applicable information required by §290.272 of this
title (relating the Content of Reports) to the retail community by April 1
or at a time agreed upon by the parties and specifically included in a contract
or written agreement between the parties.
(h)
Any system subject to this subchapter must retain copies
of its consumer confidence reports for no less than five years.
§290.275.Appendices A-D.
The following appendices are integral components of the subchapter:
(1)
Appendix A--Converting MCL Compliance Values for Consumer
Confidence Reports;
Figure: 30 TAC §290.275(1)
(2)
Appendix B--Sources of Regulated Contaminants;
Figure: 30 TAC §290.275(2)
(3)
Appendix C--Health Effects Language;
Figure: 30 TAC §290.275(3)
(4)
Appendix D--Unregulated Contaminants.
Figure: 30 TAC §290.275(4)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 8, 2000.
TRD-200003211
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 23, 2000
For further information, please call: (512) 239-1966
Subchapter B. CONCENTRATED ANIMAL FEEDING OPERATIONS
30 TAC §§321.34, 321.35, 321.48
The Texas Natural Resource Conservation Commission (TNRCC
or commission) proposes amendments to §321.34, Procedures for Making
Application for an Individual Permit; §321.35, Procedures to Making Application
for Registration; and new §321.48, Additional Requirements for Certain
Concentrated Animal Feeding Operation. The primary purpose of the proposed
amendments and new section is to implement House Bill (HB) 801, Section 3,
relating to Public Participation in Certain Environmental Permitting Procedures
of the Texas Natural Resource Conservation Commission, 76th Legislature, 1999.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
HB 801, Section 3 (the "Act") amended Texas Water Code (TWC), Chapter 26
by adding §26.0286, which requires the commission to process an application
for authorization to construct or operate a concentrated animal feeding operation
(CAFO) as an application for an individual permit, if the CAFO is located
or proposed to be located in the watershed of a sole-source surface drinking
water supply and it is located sufficiently close, as determined by commission
rule, to a public water supply system intake in the sole-source surface drinking
water supply so that contaminants discharged from the CAFO could potentially
affect the public drinking water supply. Section 7(b) of the Act provides
that the changes in law apply only to applications declared administratively
complete on or after September 1, 1999 and that former law is continued in
effect for those applications declared administratively complete before September
1, 1999. In July 1999, the commission proposed new §321.48 to implement
this legislation (see 24 TexReg 5458). In response to comments received on
that proposal and to allow further consideration of alternative approaches
for implementation of this legislation, the commission allowed proposed new §321.48
to be automatically withdrawn six months after the date of publication (see
25 TexReg 562).
As a general rule under TWC, Chapter 26, any CAFO that discharges wastewater
into or adjacent to water in the state must obtain an individual permit from
the TNRCC according to TWC, §26.121 unless the commission chooses to
regulate the CAFO through rule under the repealed version of TWC, §26.040
or through a general permit under the existing version of TWC, 26.040. The
commission has adopted rules in Chapter 321, Subchapter B, under TWC, §26.040
which allows some CAFOs to apply for a registration rather than an individual
permit if they meet the conditions set out in the rules. In addition, under §321.33(b)(1),
the executive director may require any CAFO to obtain an individual permit
if the CAFO is located near surface or groundwater resources even if the CAFO
would otherwise be eligible to obtain authorization through registration.
The Act merely prohibits CAFOs located sufficiently close, as determined by
commission rule, to a public water supply system intake in the sole-source
surface drinking water supply so that contaminants discharged from the CAFO
could potentially affect the public drinking water supply from obtaining authorization
through registration, and instead requires them to obtain an individual permit
as is generally required of all CAFOs under TWC, §26.121.
This rulemaking now proposes new amendments to Chapter 321 to implement
HB 801, Section 3.
SECTION BY SECTION DISCUSSION
Section 321.34(a) is proposed to be amended to substitute the phrase "concentrated
animal feeding operation (CAFO)" for "CAFO" and to correct the cross-reference
to "§321.35(c)(1)-(13)" by changing it to "§321.35(c)." This change
accounts for the proposed change in the number of paragraphs under §321.35(c),
discussed later in this preamble, by simply referring to §321.35(c),
rather than §321.35(c)(1)-(14). Other minor editorial changes are proposed
under §321.34(b)(2), (c), (d), and (h). These changes are the deletion
of extraneous "(relating to...)" phrases and the correction of "Executive
Director" to "executive director."
Section 321.35(a) is proposed to be amended to substitute the phrase "concentrated
animal feeding operation (CAFO)" for "CAFO." Section 321.35(c) is proposed
to be amended to add the following sentence, relating to applicability of
the proposed new §321.35(c)(8), the requirements of which are discussed
later in this preamble: "The requirements under paragraph (8) of this subsection
apply only to registration applications declared administratively complete
on or after the effective date of paragraph (8) of this subsection." While
the Act provides that its provisions apply to applications declared administratively
complete on or after September 1, 1999, the commission proposes that this
rule apply prospectively, rather than retroactively, in order to ensure the
orderly implementation of the rule and increase certainty for persons involved
in the registration and permitting processes. The executive director is reviewing
CAFO registration applications declared administratively complete on or after
September 1, 1999 but prior to the effective date of these rules on a case-by-case
basis to determine if the location of the CAFO is sufficiently close to the
intake of a sole-source surface drinking water supply so that the contaminants
discharged from the CAFO could potentially affect the drinking water supply.
Based upon this review, the executive director will determine whether an individual
permit is required by the Act.
Section 321.35(c) is proposed to be amended under paragraph (7) to divide
the requirements for this application requirement into subparagraphs (A) and
(B) to improve the readability of this paragraph. The parenthetical term "(USGS)"
is also proposed to be added after the phrase "United States Geological Survey."
Section 321.35(c) is also proposed to be amended to add new paragraph (8),
which would require all applications for registration, including amendments
and renewals, to submit one original, with the remainder in copies, of a USGS
7-1/2 minute quadrangle topographic map or an equivalent high quality copy
showing: (1) the boundaries of land owned, operated, or controlled by the
applicant and to be used as a part of a CAFO, and within 500 feet of the outer
boundary of the land application area(s), open lots and control facilities;
(2) the location of all private water wells (abandoned or in use), public
wells, springs, or ponds within one mile of the outer boundary of the retention
facility and downstream of the CAFO, and all other watercourses and lakes
located downstream and within three miles of the outer boundary of the CAFO;
(3) the location of the protection zone, as defined in §321.48 of this
title (relating to Additional Requirements for Certain Concentrated Animal
Feeding Operations), for each watercourse or lake located downstream and within
three miles of the outer boundary of the CAFO, if any such watercourse or
lake is a "sole-source surface drinking water supply" as defined in TWC, §26.0286(a);
and (4) delineation of the locations of all pens, lots, ponds, and any other
types of control or retention facilities that are located within the protection
zone of a "sole-source surface drinking water supply" as defined in TWC, §26.0286(a).
The requirements under §321.35(c)(8) are proposed to clarify registration
application requirements and to ensure that a CAFO registration application
will include the information necessary to determine whether the CAFO is or
will be located within the protection zone of a sole-source surface drinking
water supply, thereby necessitating processing as an individual permit application.
These proposed rules require the applicant to delineate the protection zone
associated with a sole-source surface drinking water supply. The number and
identity of surface water bodies that qualify as sole- source surface drinking
water supplies changes with some frequency. For example, a community that
relies exclusively on surface water could add a secondary groundwater supply.
If this community had the only sole-source supply intake in the surface water
body, and that water body qualified as a sole- source surface drinking water
supply only because of this community, then the water body would no longer
qualify as a sole-source. On the other hand, a lake which does not initially
qualify as a sole- source surface drinking water supply could have an intake
added by a community relying exclusively on surface water. In this way, a
water body may become a sole-source surface drinking water supply. In order
to assist the regulated community in making determinations concerning protection
zones of watercourses and lakes which are sole-source surface drinking water
supplies, the executive director maintains a list of sole-source public water
system intakes, which facilitates the identification of the watercourses and
lakes qualifying as sole-source surface drinking water supplies. This list
is available on the agency's web site at www.tnrcc.state.tx.us.
In order to account for the addition of new proposed §321.35(c)(8),
existing paragraphs (8)-(13) are proposed to be renumbered (9)-(14). Proposed
paragraph (11) contains the clarification of "NRCS" by changing it to "Natural
Resource Conservation Service (NRCS)," and substituting "NRCS" for "Natural
Resource Conservation Service" under subparagraph (E).
Proposed new §321.48, implements the requirements of new TWC, §26.0286,
relating to Procedures Applicable to Permits for Certain Concentrated Animal
Feeding Operations, as added by HB 801, Section 3.
Proposed new §321.48(a) provides that this section applies to any
application for registration to construct or operate a CAFO that is declared
administratively complete on or after the effective date of these rules. While
the Act provides that its statutory provisions apply to applications declared
administratively complete on or after September 1, 1999, the commission proposes
that this rule apply prospectively, rather than retroactively, in order to
ensure the orderly implementation of the rule and increase certainty for persons
involved in the registration and permitting processes.
Proposed new §321.48(b) provides that if, as of the date of declaration
of administrative completeness, any part of any pen, lot, pond, or any other
type of control or retention facility is located within the protection zone
of a "sole-source surface drinking water supply," as defined in TWC, §26.0286(a),
the application must be processed as an application for an individual permit.
Thus, the determination of whether or not a CAFO is in the protection zone
is based upon the facts established at the time of declaration of administrative
completeness. If a later date were used, an application for a facility within
a protection zone might be processed as a registration only to be subject
to re-processing as an individual permit based upon changed circumstances
occurring at a later date. Establishing a fixed time for such determinations
increases certainty in the process. With regard to the areas of the permitted
or registered site within the protection zone that trigger the requirement
for an individual permit (i.e., any part of any pen, lot, pond, or any other
type of control or retention facility), these are the areas with the greatest
concentration of animal waste within the site, and therefore releases of waste
from these areas have the potential to adversely impact a sole-source surface
drinking water supply.
Proposed new §321.48(c) defines "protection zone" as that area within
the watershed of a sole-source surface drinking water supply, as defined in
TWC, §26.0286(a), that is within two miles of the normal pool elevation,
as indicated on the USGS map, of a sole-source surface drinking water supply;
or within two miles of that part of a perennial stream that is tributary to
the sole-source surface drinking water supply and within three linear miles
upstream of the normal pool elevation, as indicated on the USGS map, of a
sole-source surface drinking water supply; or within two miles of that part
of a stream that is a sole-source surface drinking water supply, extending
three linear miles upstream from the water supply intake. The protection zone
is intended to provide for greater scrutiny and opportunities for public participation
of those CAFO applications within the protection zone. The primary pollutants
of concern within protection zones include the nutrients phosphorus and nitrogen,
which CAFOs have the potential to release. The protection zone of a sole-source
water supply is proposed to extend three miles upstream from any perennial
stream as defined by a USGS topographic map primarily because perennial streams
are the primary contributors to reservoirs. Therefore, potential pollutants
associated with land-use activities along or near the banks of perennial streams
take a more direct route to the reservoir than activities further inland or
those along an intermittent stream. For intakes on streams, the protection
zone is the area within two miles of the three-mile stream reach upstream
from the intake. This approach of extending the area of influence further
upstream of perennial streams is consistent with the Texas Source Water Assessment
and Protection Program Strategy approved by the United States Environmental
Protection Agency.
The two-mile distance around the reservoir is proposed based on the increased
potential for CAFOs within that area to have adverse impacts on a sole-source
surface drinking water supply. It is more likely that, outside the protection
zone as defined in this rule, released contaminants will be absorbed or otherwise
attenuated prior to entering the aquatic environment. In other words, compared
to any released nutrients from CAFOs within a protection zone, any released
nutrients from CAFOs located outside a protection zone are more likely to
be attenuated (e.g., assimilated by terrestrial or aquatic plants or microorganisms)
before entering the sole-source surface drinking water supply. The protection
zone, as defined in proposed new §321.48(c), surrounds the entire sole-source
surface drinking water supply. A protection zone based only on the intake
point would not take the entire water supply into consideration and, therefore,
would contain gaps that could leave portions of the water supply unprotected.
For example, if the protection zone was proposed to be based on the intake
point, a CAFO, or many CAFOs, for that matter, could be located in close proximity
to a reservoir which is a sole-source surface drinking water supply, and be
further than two miles from the intake point, and not be subject to individual
permits, but still pose deleterious threats to the quality of the drinking
water supply. In addition, by applying the protection zone around the entire
water body, the protection zone will remain constant, even though new water
supply intakes may be added. For example, if the protection zone were based
on the intake point, and new sole-source intakes were added each year for
several years, then the protection zone would necessarily have to be redefined
each time an intake was added, for several years in a row. In such a case,
there would be much less certainty over whether a registration or an individual
permit would be required in the context of this proposed rule. Thus, defining
the protection zone in the manner proposed in this rule, based on the entire
surface water body, facilitates the efficient administration of the Act.
In addition, under existing §321.33(n), any new CAFO located within
one mile of Coastal Natural Resource Areas as defined by the Natural Resources
Code, §33.203(1) must apply for and obtain an individual permit in accordance
with §321.34. That rule is designed to provide a closer review of applications
and allow for a contested case hearing prior to a CAFO locating within one
mile of ecologically sensitive estuaries. Unlike §321.33, which is intended
to protect ecologically sensitive estuary systems and other coastal waters,
the proposed rules are related to drinking water supplies. Therefore, a protection
zone of greater than one mile is warranted due to the human health concerns
related to drinking water.
The commission intends to revisit the definition of the protection zone
once a vulnerability assessment has been completed for all public water systems.
These assessments, which are required by the 1996 amendments to the Safe Drinking
Water Act (SDWA), are scheduled to be completed by May 2003 and will take
into consideration soils, climate, slope, land use, and other factors which
will be used to determine the vulnerability of a water supply to a list of
contaminants. The SDWA amendments strengthened protections for all members
of the public, while allowing the agency to focus on the highest risks to
human health and to develop responsible solutions. The criteria for determining
relative susceptibility to different sources of contamination incorporates
sound scientific principles which will yield similar results under similar
circumstances when applied in different parts of the state. The results of
this study will allow the commission to, in the future, promulgate rules that
are more specifically tailored to the individual characteristics and vulnerability
of each sole source surface drinking water supply. In the absence of this
scientific data and because the Act applies to applications currently being
processed, the commission believes that the conservative approach reflected
in these rules is both appropriate and reasonable.
FISCAL NOTE
Jeffrey Horvath, Strategic Planning and Appropriations, has determined
that for the first five- year period the proposed rules are in effect, there
will be no significant fiscal implications for the agency or other units of
state and local government as a result of administration or enforcement of
the proposed amendments. The proposed rules would implement certain provisions
of HB 801, relating to Public Participation in Certain Environmental Permitting
Procedures of the Texas Natural Resource Conservation Commission, 76th Legislature,
1999, which amends TWC, Chapter 26.
HB 801 requires the agency to process an application for authorization
to construct or operate a CAFO as a application for an individual permit,
if the CAFO is located or proposed to be located in the watershed of a sole-source
surface drinking water supply and it is located sufficiently close to a public
water supply system intake in the sole-source surface drinking water supply
so that contaminants discharged from the CAFO could potentially affect the
public drinking water supply.
Currently, under §321.33(b)(1), the executive director may require
CAFOs located close to surface water resources to obtain an individual permit.
To implement HB 801, the proposed rules would require an individual permit
for CAFOs located within the defined protection zone. There are currently
591 permitted or registered CAFOs, of which an estimated 70 or 12%, would
fall in a defined protection zone and upon amendment or renewal would be required
to apply for an individual permit rather than a registration. Even though
site-specific requirements in an individual permit could result in additional
costs to the facility owner or operator, the proposed rules are not anticipated
to have significant costs for those applicants deemed to be within a protection
zone and required to obtain an individual permit unless the commission grants
a request for a contested case hearing by an affected person. Costs for those
seeking permit applications would still include consultant and/or engineering
fees for permit application preparation, permit fees, and costs associated
with facility design and construction to meet agency and statutory requirements.
However, if the commission grants a request for a contested case hearing,
estimated costs to the applicant, could range anywhere from $5,000- $100,000
for attorney fees. The amount of attorney fees would vary, depending on the
complexity of the issues involved, and the length of the hearing. The number
of individual permit applications subject to contested case hearings cannot
be determined. In general additional costs to document existing data in the
forms required for an individual permit will vary depending on the detail
and data entry required to document compliance with permit requirements and
are not anticipated to be significant.
PUBLIC BENEFIT
Mr. Horvath has determined that for each of the first five years the proposed
rules are in effect, the public benefit anticipated from the enforcement and
compliance with these proposed rules will be increased protection of the public
drinking water supply and the possibility of increased opportunity for public
participation in the CAFO permitting process conducted by the commission.
The proposed rules would require the agency to process an application for
authorization to construct or operate a CAFO as a application for an individual
permit, if the CAFO is located or proposed to be located in the watershed
of a sole-source surface drinking water supply and it is located sufficiently
close to a public water supply system intake in the sole-source surface drinking
water supply so that contaminants discharged from the CAFO could potentially
affect the public drinking water supply.
Currently, under §321.33(b)(1), the executive director may require
CAFOs located close to surface water resources to obtain an individual permit.
The proposed rules would require an individual permit for CAFOs located within
the defined protection zone. There are currently 591 permitted or registered
CAFOs, of which an estimated 70 or 12%, would fall in a defined protection
zone. Upon amendment or renewal, CAFOs located within the protection zone
would be required to apply for an individual permit rather than a registration.
This will allow for increased protection of the public drinking water supply
by allowing for the possible inclusion of site-specific requirements into
an individual permit. This will also allow for an increased opportunity for
public participation by providing an opportunity for affected persons to request
a contested case hearing on the application. Even though site-specific requirements
in an individual permit could result in additional costs to the facility owner
or operator, the proposed rules are not anticipated to have significant costs
for those applicants deemed to be within a protection zone and required to
obtain an individual permit unless the commission grants a request for a contested
case hearing by an affected person. Costs for those seeking permit applications
would still include consultant and/or engineering fees for permit application
preparation, permit fees, and costs associated with facility design and construction
to meet agency and statutory requirements. However, if the commission grants
a request for a contested case hearing, estimated costs to the applicant could
range anywhere from $5,000-$100,000 for attorney fees. The amount of attorney
fees would vary, depending on the issues involved, and the length of the hearing.
The number of individual permit applications subject to contested case hearings
cannot be determined. In general additional costs to document existing data
in the forms required for an individual permit will vary depending on the
detail and data entry required to document compliance with permit requirements
and are not anticipated to be significant.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
In general, no significant economic effects are anticipated to small and
micro-businesses as a result of implementing the proposed rules. However,
adverse economic effects could be anticipated to small and micro-businesses
if there is a contested case hearing. Small or micro-businesses affected by
the proposed rules could include feedlots, dairies, poultry operations, hog
farms, or other livestock operations that meet the definition of a CAFO, including
confinement of greater than or equal to 1,000 animal units.
Currently under §321.33(b)(1), the executive director may require
CAFOs located close to surface water resources to obtain an individual permit.
The proposed rules would require an individual permit for CAFOs located within
the defined protection zone. There are currently 591 permitted or registered
CAFOs, of which an estimated 70 or 12%, would fall in a defined protection
zone and upon amendment or renewal would be required to apply for an individual
permit rather than a registration. It is not known how many of these facilities
are small or micro-businesses. Even though site-specific requirements in an
individual permit could result in additional costs to the facility owner or
operator, the proposed rules are not anticipated to have significant costs
for those applicants deemed to be within a protection zone and required to
obtain an individual permit unless the commission grants a request for a contested
case hearing by an affected person. Costs for those seeking permit applications
would still include consultant and/or engineering fees for permit application
preparation, permit fees, and costs associated with facility design and construction
to meet agency and statutory requirements. However, if the commission grants
a request for a contested case hearing, estimated costs to the applicant could
range anywhere from $5,000-$100,000 for attorney fees. The amount of attorney
fees would vary, depending on the complexity of the issues involved, and the
length of the hearing. The number of individual permit applications subject
to contested case hearings cannot be determined. In general additional costs
to document existing data in the forms required for an individual permit will
vary depending on the detail and data entry required to document compliance
with permit requirements and are not anticipated to be significant.
DRAFT REGULATORY IMPACT ASSESSMENT
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of the Texas Government Code, §2001.0225, and has
determined that the rulemaking is not subject to §2001.0225 because it
does not meet the definition of a "major environmental rule" as defined in
the statute. The proposal does not meet the definition of "major environmental
rule" for several reasons. First, these proposed rules are procedural in nature,
dealing primarily with application requirements that are needed to enable
the executive director to determine whether a particular CAFO is located in
the watershed of a sole-source surface drinking water supply and sufficiently
close to an intake of a public water supply system in such a surface drinking
water supply that contaminants discharged from the CAFO could potentially
affect the public drinking water supply. If so located or proposed to be so
located, the commission, by statute, must process an application for authorization
to construct or operate such a CAFO as an individual permit application. Furthermore,
the commission's rules currently allow the executive director to require a
CAFO to apply for an individual permit if the operation is located near surface
water resources. Therefore, the requirement to apply for an individual permit
is not a new requirement, and thus the rule does not adversely affect in a
material way the economy, a sector of the economy, productivity, competition,
or jobs of the state or a sector of the state. Finally, because the rules
deal primarily with application requirements, they are procedural in nature
and would not adversely affect the environment, or the public health and safety
of the state or a sector of the state.
In addition, these proposed rules do not exceed a standard set by federal
law, exceed an express requirement of state law, exceed a requirement of a
delegation agreement, or propose to adopt a rule solely under the general
powers of the agency. This proposal does not exceed a standard set by federal
law because there are no such corresponding federal standards. This proposal
does not exceed an express requirement of state law because it is specifically
required by TWC, §26.0286, which requires the commission to use certain
procedures for processing applications for certain CAFOs. This proposal does
not exceed a requirement of a delegation agreement or contract between the
state and an agency or representative of the federal government to implement
a state and federal program because the September 14, 1998 Memorandum of Understanding
between the United States Environmental Protection Agency and the TNRCC, authorizing
the commission to implement the National Pollution Discharge Elimination System
permitting program in Texas, requires CAFOs, as defined in the federal Clean
Water Act, to obtain Texas Pollution Discharge Elimination System authorization
but does not specify whether the authorization must be through an individual
permit, registration under a permit-by- rule, or through a general permit.
This proposal does not adopt a rule solely under the general powers of the
agency, but rather under specific state law (i.e., TWC, §26.0286, which
requires the commission to use certain procedures for processing applications
for certain CAFOs).
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these proposed
rules pursuant to Texas Government Code, §2007.043. The following is
a summary of that assessment. The purpose of the proposed rules is to implement
the requirements of HB 801 regarding CAFOs. The specific primary purpose of
the proposed rules is to establish by rule the parameters of how to determine,
in accordance with HB 801, whether a particular CAFO is located in the watershed
of a sole-source surface drinking water supply and is located sufficiently
close to an intake of a public water supply system in the sole-source surface
drinking water supply so that contaminants discharged from the CAFO could
potentially affect the public drinking water supply; thereby requiring the
commission to process an application for authorization to construct or operate
such a CAFO as an individual permit application. The proposed rules will substantially
advance this stated purpose by establishing the protection zone, which is
the primary parameter of how to determine whether a particular CAFO is located
in the watershed of a sole-source surface drinking water supply and is located
sufficiently close to an intake of a public water supply system in the sole-source
surface drinking water supply so that contaminants discharged from the CAFO
could potentially affect the public drinking water supply, thereby triggering
permit requirements.
Promulgation and enforcement of these proposed rules will not affect private
real property which is the subject of the rules primarily because these proposed
rules are procedural in nature. A CAFO facility located within the protection
zone would still be able to operate, but only after obtaining an individual
permit rather than another form of authorization such as a registration. These
proposed rules are not anticipated to affect private real property because
they do not prohibit or restrict a CAFO from operating within a protection
zone. They simply require the facility to follow different procedures for
obtaining authorization to construct or operate. Furthermore, CAFOs located
near surface water resources are already required to prevent the likelihood
of inadvertent discharges and to ensure that permitted discharges do not degrade
water quality. These proposed rules establish by rule the parameters of how
to determine, in accordance with HB 801, whether a particular CAFO is located
in the watershed of a sole-source surface drinking water supply and is located
sufficiently close to an intake of a public water supply system in the sole-source
surface drinking water supply so that contaminants discharged from the CAFO
could potentially affect the public drinking water supply; thereby requiring
the commission to process an application for authorization to construct or
operate such a CAFO as an individual permit application. Therefore, these
proposed rules will not constitute a takings under Texas Government Code,
Chapter 2007.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Texas Coastal Management Program
(CMP), nor will it affect any action or authorization identified in Coastal
Coordination Act Implementation Rules, 31 TAC §505.11. This action concerns
only the procedural rules of the commission and general agency operations.
Therefore, the proposed rules are not subject to the CMP.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on June 15, 2000
at 10:00 a.m. in Building F, Room 3202A at the Texas Natural Resource Conservation
Commission complex, located at 12100 Park 35 Circle. Individuals may present
oral statements when called upon in the order of registration. Open discussion
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes before the hearing and will answer
questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs, who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-030-321-AD. Comments must be received by 5:00 p.m., June 19, 2000. For
further information, please contact Ray Austin, Policy and Regulations Division,
(512) 239-6814.
STATUTORY AUTHORITY
The amended and new sections are proposed under TWC, §26.0286, which
requires the commission to process an application for authorization to construct
or operate a CAFO as an application for an individual permit if the CAFO is
located or proposed to be located in the watershed of a sole-source surface
drinking water supply and it is located sufficiently close to a public water
supply system intake in the sole-source surface drinking water supply so that
contaminants discharged from the CAFO could potentially affect the public
drinking water supply. The rules are also proposed under TWC, §5.102,
which establishes the commission's general authority necessary to carry out
its jurisdiction; §5.103, which establishes the commission's general
authority to adopt rules; §5.105, which establishes the commission's
authority to set policy by rule; §5.013, which establishes the commission's
authority over various statutory programs; §26.011, which establishes
the commission's authority over water quality in the state; and §26.028,
which establishes the commission's authority to approve certain applications
for wastewater discharge; and Texas Government Code, §2001.006, which
authorizes state agencies to adopt rules or take other administrative action
that the agency deems necessary to implement legislation.
The proposed amendments and new section implement TWC, §26.0286.
§321.34.Procedures for Making Application for an Individual Permit.
(a)
A
concentrated animal feeding operation (CAFO)
[
(b)
All applications for permit renewal must be administratively
and technically complete, meet all applicable technical requirements of this
subchapter, and be in accordance with one of the following.
(1)
(No change.)
(2)
Except as provided by §305.63(a)(3) of this title
[
(A)-(C)
(No change.)
(3)
(No change.)
(c)
Each applicant shall pay an application fee as required
by §305.53 of this title [
(d)
A permittee submitting an application for renewal satisfying
the criteria in subsection (b)(2) of this section will automatically be issued
a notice of renewal for the existing permit by the
executive director
[
(e)-(g)
(No change.)
(h)
If an application requests an amendment as defined by §321.33(p)
of this title [
(i)
(No change.)
§321.35.Procedures for Making Application for Registration.
(a)
A
concentrated animal feeding operation (CAFO)
[
(b)
(No change.)
(c)
Application for registration under this section shall be
made on forms prescribed by the executive director. A facility which is not
required under federal law to obtain National Pollutant Discharge Elimination
System authorization may apply for a state-only registration, which authorizes
the discharge or disposal of waste or wastewater into or adjacent to water
in the state only in the event of a 25-year, 24-hour rainfall event, or may
transfer from an individual permit to such a registration in accordance with §321.33(l)
of this title. The applicant shall submit an original completed application
with attachments and one copy of the application with attachments to the executive
director at the headquarters in Austin, Texas, and one additional copy of
the application with attachments to the appropriate Texas Natural Resource
Conservation Commission regional office.
The requirements under paragraph
(8) of this subsection apply only to registration applications declared administratively
complete on or after the effective date of paragraph (8) of this subsection.
The completed application shall be submitted to the executive director
signed and notarized and with the following information:
(1)-(6)
(No change.)
(7)
One original (remainder in copies) United States Geological
Survey
(USGS)
7
-
1/2 minute quadrangle topographic map
or an equivalent high quality copy showing
:
(A)
the boundaries of land owned, operated, or
controlled by the applicant and to be used as a part of a CAFO, and within
500 feet of the outer boundary of the land application area(s), open lots
and control facilities
; and
[
(B)
the location of all private water wells (abandoned
or in use) and public wells and all springs, lakes, or ponds within one mile
of the outer boundary of the retention facility and downstream of the facility.
(8)
For all registration applications,
including amendments and renewals, one original (remainder in copies) USGS
7-1/2 quadrangle topographic map or an equivalent high quality copy showing:
(A)
the boundaries of land owned, operated,
or controlled by the applicant and to be used as a part of a CAFO, and within
500 feet of the outer boundary of the land application area(s), open lots
and control facilities;
(B)
the location of all private water wells
(abandoned or in use), public wells, springs, or ponds within one mile of
the outer boundary of the retention facility and downstream of the CAFO, and
all other watercourses and lakes located downstream and within three miles
of the outer boundary of the CAFO;
(C)
the location of the protection zone, as
defined in §321.48 of this title (relating to Additional Requirements
for Certain Concentrated Animal Feeding Operations), for each watercourse
or lake located downstream and within three miles of the outer boundary of
the CAFO, if any such watercourse or lake is a "sole-source surface drinking
water supply" as defined in Texas Water Code (TWC), §26.0286(a); and
(D)
delineation of the location of all pens,
lots, ponds, and any other types of control or retention facilities that are
located within the protection zone of a "sole-source surface drinking water
supply" as defined in TWC, §26.0286(a).
(9)
[
(10)
[
(11)
[
(A)
Railroad Commission;
(B)
Groundwater District, if applicable;
(C)
Texas Water Development Board;
(D)
TNRCC;
(E)
NRCS
[
(F)
previous owner of site, if available, and
(G)
on-site inspection of site with a NRCS engineer, licensed
professional engineer or qualified groundwater scientist.
(12)
[
(A)
installation of the necessary and appropriate protective
measures for each located recharge feature such as impervious cover, berms,
or other equivalent protective measures covering all affected facilities and
land application areas; or
(B)
submission of a detailed groundwater monitoring plan covering
all affected facilities and land application areas. At a minimum, the ground-water
monitoring plan shall specify procedures to annually collect a ground-water
sample from representative wells, have each sample analyzed for chlorides,
nitrates, and total dissolved solids, and compare those values with background
values for each well; or
(C)
any other similar method or approach demonstrated by the
applicant to be protective of any associated recharge feature.
(13)
[
(14)
[
(d)-(f)
(No change.)
(g)
(Air Quality Only). To qualify for the air quality standard
permit, the applicant must meet the requirements in §321.46 of this title
[
(h)
Registrations issued under §321.37 or §321.47
of this title (relating to Action on Applications for Registration or Initial
Texas Pollutant Discharge Elimination System (TPDES) Authorization) shall
expire five years after the effective date of these amendments (1999), and
no new registrations shall be issued after that date. However, if the commission
proposes to amend or readopt these rules prior to such expiration date, all
registrations shall remain in effect until final commission action on the
proposed amendment or readoption. An application for renewal of a registration
under this section must be administratively and technically complete, meet
all applicable technical requirements of this subchapter, and, except as otherwise
provided in paragraphs (1)-(5) of this subsection, be processed according
to §321.36 and §321.37 of this title (relating to Notice of Application
for Registration and Action on Application for Registration). A registration
for a facility described in §321.33(a)(2) of this title [
(1)
(No change.)
(2)
Each applicant shall pay an application fee as required
by §305.53 of this title [
(3)
(No change.)
(4)
If the application for renewal of a registration cannot
meet all of the criteria in paragraph (1) of this subsection, then an application
for renewal of the registration shall be filed in accordance with subsection
(a) of this section and processed in accordance with §§321.36-321.37
of this title [
(5)
(No change.)
§321.48.Additional Requirements for Certain Concentrated Animal Feeding Operations.
(a)
This section applies to any application for registration
to construct or operate a concentrated animal feeding operation (CAFO), including
amendments and renewals, that is declared administratively complete on or
after the effective date of this section.
(b)
If, as of the date of declaration of administrative completeness,
any part of any pen, lot, pond, or any other type of control or retention
facility is located within the protection zone of a "sole-source surface drinking
water supply," as defined in Texas Water Code, §26.0286(a), the application
for authorization to construct or operate a CAFO shall be processed as an
application for an individual permit under §321.34 of this title (relating
to Procedures for Making Application for an Individual Permit).
(c)
In this subchapter, "protection zone" is defined as that
area within the watershed of a sole-source surface drinking water supply that
is:
(1)
within two miles of the normal pool elevation of a body
of surface water that is a sole-source surface drinking water supply; or
(2)
within two miles of that part of a perennial stream
that is:
(A)
a tributary of a sole-source surface drinking water supply;
and
(B)
within three linear miles upstream of the normal pool elevation
of a sole-source surface drinking water supply; or
(3)
within two miles of that part of a stream that
is a sole-source surface drinking water supply, extending three linear miles
upstream from the water supply intake.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 8, 2000.
TRD-200003212
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: June 19, 2000
For further information, please call: (512) 239-4712
Subchapter A. GENERAL PROVISIONS
Chapter 321.
CONTROL OF CERTAIN ACTIVITIES BY RULE
CAFO
] that was not authorized under a rule, order, or permit issued
or adopted by the commission and in effect at the time of the adoption of
these amended rules (1999) shall apply for an individual permit in accordance
with the provisions of this section or shall apply for registration in accordance
with the provisions of §321.35 of this title (relating to Procedures
for Making Application for Registration). Application for an individual permit
shall be made on forms provided by the executive director. The applicant shall
provide such additional information in support of the application as may be
necessary for an adequate technical review of the application. A facility
which is not required under federal law to obtain National Pollutant Discharge
Elimination System authorization may apply for a state-only individual permit,
for a term of five years, which authorizes the discharge or disposal of waste
or wastewater into or adjacent to water in the state only in the event of
a 25-year, 24-hour rainfall event. At a minimum, the application shall demonstrate
compliance with the technical requirements set forth in §§321.38-321.42
of this title (relating to Proper CAFO Operation and Maintenance, Pollution
Prevention Plans, Best Management Practices, Other Requirements, and Monitoring
and Reporting Requirements) and shall demonstrate compliance with the requirements
specified in
§321.35(c)
[
§321.35(c)(1)-(13)
]
of this title [
(relating to Procedures for Making Application for Registration)
]. Applicants shall comply with §§305.41, 305.43, 305.44,
305.46, and 305.47 of this title (relating to Applicability, Who Applies,
Signatories to Applications, Designation of Material as Confidential, and
Retention of Application Data). Each applicant shall pay an application fee
as required by §305.53 of this title (relating to Application Fees).
An annual waste treatment inspection fee is also required of each permittee
as required by §305.503 and §305.504 of this title (relating to
Fee Assessments and Fee Payments). An annual Clean Rivers Program fee is also
required as required under §220.21(d) of this title (relating to Water
Quality Assessment Fees). Except as provided in subsections (b)-(e) of this
section, each permittee shall comply with §§305.61 and 305.63-305.68
of this title (relating to Applicability, Renewal, Transfer of Permits, Permit
Denial, Suspension and Revocation; Revocation and Suspension Upon Request
or Consent; and Action and Notice on Petition for Revocation or Suspension).
Notice, public comment, and hearing on applications shall be conducted in
accordance with commission rules governing individual permits issued under
Chapter 26 of the Texas Water Code. Each permittee shall comply with §305.125
of this title (relating to Standard Permit Conditions). Individual permits
granted under this subchapter shall be effective for a term not to exceed
five years. To qualify for the air quality standard permit, the applicant
must meet the requirements in §321.46 of this title (relating to Air
Standard Permit Authorization).
(relating to Renewals)
], an application for a renewal of an individual
permit for a facility as described in §321.33(a)(2) of this title (relating
to Applicability) may be granted by the executive director without public
notice if it does not propose any change which constitutes a major amendment
as defined in Chapter 305 of this title (relating to Consolidated Permits)
or a major source as defined under Chapter 116 of this title (relating to
Control of Air Pollution by Permits for New Construction or Modification).
Renewal under this paragraph shall be allowed only if there has been no related
formal enforcement action against the facility during the last 36 months of
the term of the permit in which the commission has determined that:
(relating to Application Fees)
].
Executive Director
].
(relating to Applicability)
] of an existing individual
permit, the application shall be filed and processed under in this section.
CAFO
] that is not authorized under a rule, order, or permit of
the commission in effect at the time of the adoption of these amended rules
(1999) shall apply for and receive registration under this section or shall
apply for an individual permit in accordance with the provisions of §321.34
of this title (relating to Procedures for Making Application for an Individual
Permit). A person who requests a registration or renewal of such registration
granted under this subchapter, or an amendment as defined in §321.33(p)
of this title (relating to Applicability), shall submit a complete and accurate
application to the executive director, according to the provisions of this
section.
,
]
(8)
] Sections of the
pollution prevention plan to be designated by the executive director. Prior
to utilization of wastewater retention facilities, documentation of liner
certifications by a licensed professional engineer must be submitted (if applicable).
(9)
] A copy of a recorded
deed or tax records showing ownership, or a copy of a contract or lease agreement
between the applicant and the owner/operator of any lands to be utilized under
the proposed CAFO. This requirement does not apply to any lands not owned,
operated, or controlled by the applicant for the purpose of off-site land
application of manure wherein the manure is given or sold to others for beneficial
use, provided the owner/operator of the CAFO is not involved in the application
of the manure.
(10)
] A certification by
a
Natural Resource Conservation Service (NRCS)
[
NRCS
]
engineer, licensed professional engineer or qualified groundwater scientist
documenting the absence or presence of any recharge features identified on
any tracts of land owned, operated or controlled by the applicant and to be
used as a part of a CAFO. Documentation, by the certifying party shall identify
the sources and/or methods used to identify the presence or absence of recharge
features. The documentation shall include the method or approach to be used
to identify previously unidentified and/or undocumented recharge features
that may be discovered during the time of construction. At a minimum, the
records and/or maps of the following entities/agencies shall be reviewed to
locate any artificial recharge features:
Natural Resource Conservation Service
];
(11)
] Where the applicant
cannot document the absence of recharge features on the tracts for which an
application is being filed, the proposed site plan shall also indicate the
specific location of any and all recharge features found on any property owned,
operated, or controlled by the applicant under the application as certified
by a NRCS engineer, licensed professional engineer, or qualified groundwater
scientist. The applicant shall also submit a plan, developed by a NRCS engineer
or licensed professional engineer, to prevent impacts on any located recharge
feature and associated groundwater formation which may include the following:
(12)
] Area land use
map (Air quality only). This map shall identify the property line, the permanent
odor sources and the distance and direction to any residences, animal feeding
operations, businesses, public parks or occupied structures within a one mile
radius of the permanent odor sources to show compliance with §321.46
of this title [
(relating to Air Standard Permit Authorization)
].
The map shall include the north arrow and scale of map.
(13)
] The applicant shall
indicate in the application the location and times where the application may
be inspected by the public. Within 48 hours of receiving notice of administrative
and technical completeness, the applicant shall make a copy of the application
and the entire pollution prevention plan available for public inspection at
the applicant's place of business during normal business hours, Monday through
Friday, and at a public place within the county where the proposed facility
is to be located so that the copy may be made available for inspection at
a public place during normal business hours. For the purposes of this section,
normal business hours shall be at a minimum of: 9:00 a.m. to noon and from
1:00 p.m. to 5:00 p.m., Monday through Friday allowing for the observance
of state and/or federal holidays. Such places may include, but are not limited
to, public libraries; district, county, or municipal offices; community recreation
centers; or public schools.
(relating to Air Standard Permit Authorization)
].
(relating
to Applicability)
] may be renewed, according to the following procedures:
(relating to Application Fees)
].
(relating to Notice of Application for Registration and
Action on Applications for Registration)
].
Chapter 312.
SLUDGE USE, DISPOSAL, AND TRANSPORTATION