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Industrial and Hazardous Waste Permits - Class 3 Modification

Applying for a Class 3 modification to an existing hazardous or industrial waste permit.

Determine if you need a Class 3 modification of a solid waste permit by reviewing Title 30, Texas Administrative Code Subsection 305.69(k)Exit the TCEQ.

Please allow up to 450 days for the TCEQ to process your application. You may find the application forms at Industrial and Hazardous Waste Forms and Guidance.

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 and became effective November 30, 2005. Applications filed on or after that date are subject to the requirements for alternative language newspaper notices. 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 Guidance.

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 Guidance:

  • As described under 30 TAC Chapter 39 and 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;Exit the TCEQ
  • If applicable and necessary, submit an original updated Part A application form plus 3 full copies (to determine if you need this, see 30 TAC 305 42(d), 51(a), or 51(b) Exit the TCEQ);
  • 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;
    • 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;
    • if your core data has changed, a completed Core Data Form. (Instructions for completing the Core Data Form); and
    • if you are adding, expanding, or replacing one or more permitted waste management units, the Part B Administrative and Technical Evaluation Checklist (TCEQ-00136) on CD or DVD;
  • A description of the exact changes to be made to the permit conditions and supporting documents referenced by the permit;
  • An explanation of why the Class 3 modification is needed;
  • Prepare a mailing list identifying all persons specified in 30 TAC 39.413Exit the TCEQ;
  • 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;
  • You may request a temporary authorization that meets with the criteria established in 30 TAC 305.69(f)Exit the TCEQ;
  • At the same time you submit the permit application, send a letter transmitting a check for the Class 3 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;
  • 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;
  • 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;
  • 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;
  • After the public meeting, submit a statement that the public meeting was held within the required timeframes;
  • 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;
  • 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;
  • 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
  • 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.