Skip to content. | Skip to navigation

Personal tools

Navigation

Questions or Comments:
ihwper@tceq.texas.gov
You are here: Home / Permitting / Waste Permits / Industrial and Hazardous Waste / Industrial and Hazardous Waste Permits - Class 3 Modification

Industrial and Hazardous Waste Permits - Class 3 Modification

Provides overview of permitting process for a Class 3 modification to an existing hazardous or industrial waste permit.

Circumstances requiring a Class 3 modification of a solid waste permit are found in 30 Texas Administrative Code (TAC) ?305.69(k)Exit the TCEQ. Processing a Class 3 modification may take up to 450 days. The application forms referred to on this page may be found in Industrial and Hazardous Waste Forms and Other Permitting Information.

Alternative Language Notice Requirements

The TCEQ adopted amendments to 30 TAC Chapter 39, Public Notice, requiring newspaper notice in an alternative language for certain permit applications. These rule amendments were adopted on November 9, 2005, and became effective on November 30, 2005. Applications filed on or after November 30, 2005, will be subject to the alternative language notice newspaper publication requirements. A checklist for determining whether the alternative language notice requirement applies to a particular hazardous and/or industrial solid waste permit application is included in the TCEQ Part A and Part B hazardous waste permit applications. These forms, along with notice language templates translated into Spanish, and the Public Notice Verification Form are available in Industrial and Hazardous Waste Forms and Other Permitting Information.

Requirements for Class 3 Modifications to Hazardous and Industrial Waste Permits

Here is what you need to provide, as set out in 30 TAC ?305.69 (d)Exit the TCEQ for a Class 3 modification. Application forms are available in Industrial and Hazardous Waste Forms and Other Permitting Information:

  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 3 modification is needed;
  6. Prepare a mailing list identifying all persons specified in 30 TAC ?39.413Exit 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:
    TCEQ
    Waste Permits Division (MC-126)
    PO Box 13087
    Austin, TX 78711-3087;
  8. You may request a temporary authorization that meets with the criteria established in 30 TAC ?305.69 (f)Exit the TCEQ;
  9. 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 submit the check with a copy of your Part B Application) of the Class 3 modification fee to:
    TCEQ
    Financial Administration Division (MC-214)
    PO Box 13088
    Austin, TX 78711-3088;
  10. Upon determination that the application is administratively complete, in accordance with 30 TAC ?39.509Exit the TCEQ and 30 TAC ?39.418Exit the TCEQ, you must send the Notice of Receipt of Application and Intent to Obtain Permit request by first-class mail to all persons listed in 30 TAC ?39.413Exit the TCEQ and must cause this notice to be published in a major local newspaper of general circulation. Notice language will be provided to the applicant by the agency at the time an application is declared administratively complete;
  11. Place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility;
  12. You must hold a public meeting on the application, in accordance with 30 TAC ?39.509 and 30 TAC ?305.69 (d)(4)Exit the TCEQ. The meeting must be held in the vicinity of the permitted facility. Notice of the public meeting must be included in the Notice of Receipt of Application and Intent to Obtain Permit;
  13. After the public meeting, submit a statement that the public meeting was held within the required timeframes;
  14. Once a draft permit modification is developed, the applicant must publish a Notice of Application and Preliminary Decision at least once in the same newspaper as the Notice of Receipt of Application and Intent to Obtain Permit was published, in accordance with 30 TAC ?39.419Exit the TCEQ. Notice language will be provided to the applicant by the agency at the time the application review is completed. The public comment period will be 45 days long;
  15. At the conclusion of the public comment period, we must approve or deny the Class 3 modification request, or if a hearing is requested by an affected party, the Commission may refer the application to the State Office of Hearings Examiners (SOAH) for public hearing in accordance with 30 TAC ?80Exit the TCEQ. The Commission will then approve or deny the application after the hearing;
  16. Within 10 working days of determining the outcome of the modification, the Commission must notify all persons all persons listed in 30 TAC ?39.413Exit the TCEQ and all persons who submitted written comments on the modification request; and
  17. If we reject your application for a Class 3 modification and you were granted a temporary authorization, then you must comply with the conditions of your original permit.

Contact us if you have any questions.