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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 281APPLICATIONS PROCESSING
SUBCHAPTER AAPPLICATIONS PROCESSING
RULE §281.25Additional Facilities and Projects for Which Texas Pollutant Discharge Elimination System (TPDES) Permits Are Required

(a) The following regulations contained in 40 Code of Federal Regulations (CFR) Part 122, which are in effect as of the date of TPDES program authorization, as amended, are adopted by reference.

  (1) Part 122, Subpart 1B--Permit Applications and Special TPDES Program Requirements, §122.23, requiring permits for concentrated animal feeding operations. The adoption of 40 CFR §122.23 does not apply to Chapter 321, Subchapter B of this title (relating to Commercial Livestock and Poultry Production Operations) where discharges are prohibited.

  (2) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.24, requiring permits for concentrated aquatic animal production facilities, except 40 CFR §122.24(c)(2).

  (3) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.25, requiring permits for discharges into aquaculture projects.

  (4) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.26, requiring permits for storm water discharges.

  (5) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.27, requiring permits for silvicultural activities.

(b) The following regulations contained in 40 Code of Federal Regulations (CFR) Part 122, (Federal Register, Volume 64, December 8, 1999), except for the EPA guidance contained in 40 CFR §122.33 and §122.34, as amended, are adopted by reference.

  (1) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.30, What are the objectives of the storm water regulations for small MS4s?

  (2) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.31, As a Tribe, what is my role under the NPDES storm water program?

  (3) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.32, As an operator of a small MS4, am I regulated under the NPDES storm water program?

  (4) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.33 (excluding guidance), If I am an operator of a regulated small MS4, how do I apply for an NPDES permit and when do I have to apply?

  (5) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.34 (excluding guidance), As an operator of a regulated small MS4, what will my NPDES MS4 storm water permit require?

  (6) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.35, As an operator of a regulated small MS4, may I share the responsibility to implement the minimum control measures with other entities?

  (7) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.36, As an operator of a regulated small MS4, what happens if I don't comply with the application or permit requirements in §§122.33 - 122.35?

  (8) Part 122, Subpart B--Permit Applications and Special TPDES Program Requirements, §122.37, Will the small MS4 storm water program regulations at §§122.32 - 122.36 and §123.35 change in the future?


Source Note: The provisions of this §281.25 adopted to be effective October 8, 1990, 15 TexReg 5490; amended to be effective August 15, 2002, 27 TexReg 7144

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