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Industrial and Hazardous Waste Permits - Major Amendment

Provides overview of permitting process for a major amendment to an existing hazardous or industrial waste permit.

A major permit amendment is an amendment that changes a substantive term, provision, requirement, or limiting parameter of a permit that is not considered a modification of a solid waste permitExit the TCEQ. Processing a major permit amendment may take up to 450 days. The application forms referred to on this page may be found in Industrial and Hazardous Waste Forms and Guidance.

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 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 applications, along with notice language templates translated into Spanish, and the Public Notice Verification Form are available in Industrial and Hazardous Waste Forms and Guidance.

Here is summary of the administrative process for a major permit amendment. Application forms are available in Industrial and Hazardous Waste Forms and Guidance:

  1. As described under 30 TAC Chapter 3930 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
  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:
    • 6 additional copies of Section I: General Information 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 amendment;
    • 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-00376) on CD or DVD;
  4. An explanation of why the major amendment is needed;
  5. Prepare a mailing list identifying all persons specified in 30 TAC 39.13Exit the TCEQ;
  6. 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:
    Permits Applications Review Section (MC-161)
    PO Box 13087
    Austin, TX 78711-3087;
  7. 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 the Part B) of the major amendment fee to:
    Financial Administration Division (MC-214)
    PO Box 13088
    Austin, TX 78711-3088;
  8. The application will receive two reviews: administrative and technical;
  9. After the application is determined to be administratively complete, place a copy of the permit application and supporting documents in a location accessible to the public in the vicinity of the permitted facility;
  10. We will send notice of that the application is administratively complete and available for public review by first-class mail to all persons listed in 30 TAC 39.13Exit the TCEQ;
  11. At the conclusion of the technical review, we must approve or deny the permit application request;
  12. If the application is approved, we will prepare a technical summary which sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. We shall send this summary together with the draft permit to you, EPA, and on request, to any other person;
  13. After all comments regarding the initial draft permit are received, we will draft the final permit. At this time, the date for the public meeting will be set;
  14. You must publish a notice in a major local newspaper of general circulation at least once each week during the 3 weeks before a public meeting which will be held in the county where the facility is located. Specific requirements of the notice are found in 30 TAC 39.5(g)Exit the TCEQ. Notice language will be provided to the applicant by the agency at the time an application is declared complete;
  15. We will send notice of the public meeting by first-class mail to all persons listed in 30 TAC 39.13Exit the TCEQ; and
  16. Within 10 working days of determining the outcome of the final draft permit, we must notify all persons all persons listed in 30 TAC 39.13Exit the TCEQ and all persons who submitted written comments on the final draft of our decision to approve or deny the permit.

Contact us if you have any questions.