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Industrial and Hazardous Waste Permits - Class 1 Modification

Provides overview of permitting process for a Class 1 modification to an existing industrial or hazardous waste permit.

Circumstances requiring a Class 1 modification of a solid waste permit are found in 30 Texas Administrative Code (TAC) §305.69(k)Exit the TCEQ. Items marked with a superscript 1 (i.e., Class 11) are called Class 1ED modifications and have a different administrative process to follow. Processing a Class 1 modification may take 90 days. The application forms referenced on this page may be found in Industrial and Hazardous Waste Forms and Other Permitting Information.

Here is what you need to provide, as set out in 30 TAC §305.69 (b)Exit the TCEQ for a Class 1 modification:

  1. If appropriate (see 30 TAC 305 §42(d), §51(a), or §51(b)Exit the TCEQ), an original updated Part A application form plus 3 full copies;
  2. An original Part B application plus 3 full copies, consisting of, at a minimum:
    • Section I of the Part B application;
    • replacement pages for the portions of the application that changed as a result of the modification; and
    • if your core data has changed, a completed Core Data Form. (Instructions for completing the Core Data Form).
  3. A description of the exact changes to be made to the permit conditions and supporting documents referenced by the permit;
  4. An explanation of why the Class 1 modification is needed; and
  5. Within 7 calendar days after the change is put into effect, submit the Part B application with a photostatic copy of the check and the Part A appplication, if required, by certified mail or other means that establish proof of delivery to:
    Industrial Hazardous Waste Permits Section (MC-130)
    PO Box 13087
    Austin, TX 78711-3087
  6. At the same time you submit the permit application, send the check for payment (be sure to write your Solid Waste Registration Number on the check or with a copy of part B) of the Class 1 modification fee to:
    Financial Administration Division (MC-214)
    PO Box 13088
    Austin, TX 78711-3088
  7. 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.
  8. 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.