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Industrial and Hazardous Waste Permits - Class 2 Modification

Provides overview of permitting process for a Class 2 modification to an existing industrial or hazardous waste permit.

Circumstances requiring a Class 2 modification of a solid waste permit are found in 30 Texas Administrative Code (TAC) §305.69(k)Exit the TCEQ. Processing a Class 2 modification may take from 90-120 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 (c)Exit the TCEQ for a Class 2 modification:

  1. As described under 30 TAC §335.391Exit the TCEQ, we encourage you to hold a pre-application meeting with the public to allow both you and the public an opportunity to identify potential issues. You are also encouraged to hold a pre-application meeting with us and notify us of your intent to file a permit application;
  2. If appropriate (see 30 TAC 305 §42(d), §51(a), or §51(b)Exit the TCEQ), complete an original updated Part A application form plus 3 full copies;
  3. Complete an original Part B application plus 3 full copies, consisting of, at a minimum:
    • Section I of the Part B application;
    • a map indicating the boundaries of all adjacent parcels of land with the names and mailing addresses of all the adjacent landowners and other nearby landowners who might consider themselves affected by the activities described by this application. The map should be a USGS map, a city or county plat, or another map, sketch, or drawing with a scale adequate enough to show the affected landowners;
    • 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).
  4. A description of the exact changes to be made to the permit conditions and supporting documents referenced by the permit;
  5. An explanation of why the Class 2 modification is needed;
  6. Prepare a mailing list identifying all persons specified in 30 TAC §39.13Exit the TCEQ;
  7. Submit the mailing list, Part B application with a photostatic copy of the check and the Part A application, 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
  8. 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 2 modification fee to:
    Financial Administration Division (MC-214)
    PO Box 13088
    Austin, TX 78711-3088
  9. Within 7 calendar days before or after the application is submitted to TCEQ, you must send notice of the modification request by first-class mail to all persons listed in 30 TAC §39.13Exit the TCEQ and must cause this notice to be published in a major local newspaper of general circulation. Specific requirements of the notice are found in 30 TAC 305.69(c)(2)Exit the TCEQ, 30 TAC §39.11Exit the TCEQ and 30 TAC §39.107Exit the TCEQ;
    A notice language example may be found in Class 2 Public Notice;
  10. No earlier than 15 days after the publication of the notice and no later than 15 days before the close of the 60-day comment period, you must hold a public meeting. The meeting must be held in the vicinity of the permitted facility;
  11. After the public meeting, submit a statement that the public meeting was held within the required timeframes;
  12. 60 days after submitting the Class 2 modification request, you may perform any construction associated with the request unless the we have established and informed you of a later date before the 60th day;
  13. Within 90 days after we receive the modification request,we must take one of the following actions:
    • approve the request (final approval), with or without changes;
    • approve the request as a temporary authorization having a term of up to 180 days;
    • determine if Class 3 modification procedures will be followed due to significant public concern about the proposed modification, or due to the complex nature of the change;
    • extend the decision for an additional 30 days. If we do not deny or make a determination of the three other options listed above within the additional 30-day period, you will receive an automatic temporary authorization; or
    • deny the Class 2 modification request.
  14. If a temporary authorization is granted and we have not made a final approval or denial of the modification request 50 days BEFORE the end of the temporary authorization, you must send notice of the modification request by first-class mail to all persons listed in 30 TAC §39.13Exit the TCEQ and all persons who submitted written comments on the modification request. The effective date of the permanent authorization will be deferred until 50 days after you have notified the public.
  15. If a temporary authorization is granted and we do issue a final approval, reclassify the request as Class 3, or deny the end of the temporary authorization and you have not provided us with written permission to extend the review period, you will be authorized to conduct the activities described in the permit modification request for the life of the permit unless amended or modified.
  16. If we reject your application for a Class 2 modification, at any time during the modification process, then you must comply with the conditions of your original permit.

Contact us if you have any questions.