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Transferring a Permit for Industrial or Hazardous Waste

Provides information related to the transfer of a hazardous waste storage, processing, or disposal facility.

A permit is issued in personam and may be transferred only upon approval by the Industrial and Hazardous Waste Permits Section (I&HW). For hazardous waste permits, the change in ownership or operational control of a facility is made as a Class 11 modification submitted 90 days prior to the scheduled change.

It is the duty of the owner of a facility to submit an application for a permit, unless a facility is owned by one person and operated by another, in which case it is the duty of the operator to submit an application for a permit, see 30 TAC 305.43(b)Exit the TCEQ.

No transfer is required for a corporate name change, as long as the secretary of state can verify that a name change alone has occurred, however you must request a Class 1 modification.

For details regarding the transfer of a hazardous waste permit, see 30 TAC 305.64(g)Exit the TCEQ.

Applicants are encourage to meet or request a pre-application conference call with the I&HW staff, and to notify the section of their intent to submit a permit transfer application.

Submitting a Class 11 Permit Modification

Procedures for modifying your permit to reflect a change in ownership or operational control:

  • Submit a Core Data Form (TCEQ-10400).
  • Submit a written agreement containing a specific date for transfer of permit responsibility between the current owner and/or operator and the new owner and/or operator.
  • The new owner and/or operator may be required to provide financial assurance per 30 TAC Chapter 37, Subchapter PExit the TCEQ and proof of financial capability under 30 TAC 305.50(a)(4)(B)Exit the TCEQ.
  • Instructions regarding financial assurance requirements can be found in Section VIII of the Part B application titled: Information for Applicant Subject to Financial Capability Requirements.
When is Updated Financial Assurance and/or a Financial Capability Review Required?
Permit is transferred from... Permit is transferred to... Financial Assurance1 Financial Capability2
Same Owner & Operator New Owner & Operator Yes Yes
Same Owner & Operator

New Operator
(Owner unchanged)

Yes Yes
Owned by one entity and Operated by another New Operator
(Owner unchanged)
Yes Yes
Owned by one entity and Operated by another New Owner
(Operator unchanged)
No3 No

1Authority to store, process, or dispose of industrial solid waste or hazardous waste in accordance with a permit issued by the commission is contingent on maintaining financial assurance for the amount(s) specified in its permit in accordance with 30 TAC Chapter 37, Subchapter PExit the TCEQ, see 30 TAC 335.7Exit the TCEQ.

2An application for a permit to store, process, or dispose of hazardous waste shall also contain financial information sufficient to demonstrate the applicant has sufficient financial resources to operate and close the facility in a safe manner in compliance with the permit and all applicable rules, see 30 TAC 305.50(a)(4)(B)Exit the TCEQ.

3If the new owner submits financial assurance, then a review is required.