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Industrial and Hazardous Waste Permits - Class 2 Modification

Applying for a Class 2 modification to an existing industrial or hazardous waste permit.

Determine if you need a Class 2 modification of a solid waste permit by reviewing Title 30, Texas Administrative Code Subsection 305.69(k)Exit the TCEQ.

Please allow 90-120 days for the TCEQ to process your application. You may find the application forms at Industrial and Hazardous Waste Forms and Guidance.

What you need for a Class 2 modification, as set out in 30 TAC 305.69Exit the TCEQ (c):

  • 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; 30 TAC 335.391Exit 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 305Exit the TCEQ 42(d), Exit the TCEQ51(a), Exit the TCEQor 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 showing the boundaries of all adjacent parcels of land. 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;
    • A list 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.
    • Replacement pages for the portions of the application that changed as a result of the modification; and
    • a completed Core Data Form. (Instructions for completing the Core Data Form).
      • For Minor Amendment, Class 1, Class 11, and Class 2 Permit Modification applications, the TCEQ requires that the CDF be only submitted if a change in any information in the previously submitted form has occurred at the time of the application submittal;
  • Also submit:
    • 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 2 modification is needed;
    • A mailing list identifying all persons specified in 30 TAC 39.413Exit the TCEQ; and
    • The following information in regards to the application fee: check number, date of check, and check amount.
      Please do not submit a photocopy of the actual check (or equivalent transaction submittal) with your application.
  • Send all of the above items and the information listed above in regards to the check 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

  • At the same time you submit the permit application, send a letter transmitting the check for the Class 2 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.

Financial Administration Division (MC-214)
PO Box 13088
Austin, TX 78711-3088

  • Within 7 calendar days before or after the application is submitted to TCEQ, send notice of the modification request by first-class mail to all persons listed in 30 TAC 39.413Exit the TCEQ and publish the notice in a major local newspaper of general circulation. Specific requirements of the notice are found in 30 TAC 305.69Exit the TCEQ(c)(2), 30 TAC 39.411Exit the TCEQ and 30 TAC 39.1007Exit the TCEQ;
  • 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 in the vicinity of the permitted facility;
  • No later than 7 days after the dates of notice by mail and publication, and the public meeting, submit the following documents to the TCEQ Industrial and Hazardous Waste Permits Section at the mailing address below:
    • A completed affidavit of publication, including the evidence of notice by mail and the original newspaper public notice tear sheet.
    • A statement and a sign-up sheet showing the date, time, and location where the public meeting was held within the required timeframe.
  • TCEQ mailing address to submit public notice verification documents:

Industrial Hazardous Waste Permits Section (MC-130)
PO Box 13087
Austin, TX 78711-3087

  • 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 with 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, we will send you an automatic temporary authorization; or deny the Class 2 modification request.
  • 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 39.413Exit 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.
  • 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.
  • 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.