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ihwper@tceq.texas.gov
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Industrial and Hazardous Waste Permits - Class 1 Modification

Applying for a Class 1 modification to an existing industrial or hazardous waste permit.

Determine if you need a Class 1 modification of a solid waste permit by reviewing Title 30, Texas Administrative Code (TAC) Subsection 305.69(k)Exit the TCEQ.

If any changes that apply to you are marked with a superscript 1 in the TAC (i.e., Class 11) , you may need a Class 1ED modification instead.

Please allow 90 days for the TCEQ to process your application. You may find the application forms at Industrial and Hazardous Waste Forms and Guidance.

What you need to provide to apply for a Class 1 modification:

  • Submit an original Part B application or Permit Application to Store or Process Industrial Nonhazardous Waste, whichever is applicable, plus 3 full copies, and include at least:
    • Section I of the application;
    • Replacement pages for the portions of the application that changed as a result of the modification;
    • If your core data has changed, a completed Core Data Form. (Instructions for completing the Core Data Form).
    • A check for your application fee (the amount is provided on the application). Write your Solid Waste Registration Number on your check.
  • A description of the exact changes to be made to the permit conditions with supporting documents referenced by the permit.
  • An explanation of why the Class 1 modification is needed.
  • Within 7 calendar days after the change is put into effect:
    • Send a letter transmitting a check for the Class 1 modification fee to the TCEQ Financial Administration Division at the address below. Be sure to refer to the Facility's Solid Waste Registration Number in the transmittal letter.
      • TCEQ
        Financial Administration Division (MC-214)
        PO Box 13088
        Austin, TX 78711-3088
    • Submit the Part A application, if required, the Part B application, and a copy of the check by certified mail (or other means that establish proof of delivery) to:
      • TCEQ
        Industrial Hazardous Waste Permits Section (MC-130)
        PO Box 13087
        Austin, TX 78711-3087
  • Within 90 calendar days after the change is put into effect, you must send notice of the modification request by first-class mail to all persons listed in 30 TAC §39.13Exit the TCEQ. The Notice text must include the information required by 30 TAC §39.11Exit the TCEQ and 30 TAC §39.105Exit the TCEQ.
  • If we reject your application for a Class 1 modification, then you must comply with the conditions of your original permit.

Contact us if you have any questions.