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Industrial and Hazardous Waste Permits - New Application

Applying for a permit to a new hazardous waste facility or converting your registration for an interim status facility to a full permit.

Information for preparing and obtaining a solid waste permit is found in Title 30, Texas Administrative Code (TAC) Subsections 305 42, 50 and 51 .

Please allow 450 days for the TCEQ to process your application, or 540 days if the application involves hazardous waste combustion. You may find the application forms at 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 notice 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. You may find the forms, along with notice language templates translated into Spanish, and the Public Notice Verification Form at Industrial and Hazardous Waste Forms and Guidance.

UPDATEElectronic Versions of the Application:

TCEQ will publish electronic copies of the application and associated documents online. Applicants must provide copy of the administratively complete application and technically complete application. The electronic copy provided would be the current, complete version with revisions and replacements made throughout the document and without redline/strikeout text. TCEQ will also publish electronic versions of Notice of Deficiency (NOD) responses online.

Applicant-held pre-application public meeting (30 TAC Chapter 39

 A pre-application public meeting is required prior to submitting of the following hazardous waste applications:

  • New applications
  • Renewal applications with Class 3 Permit Modifications or Major Amendments
  • Major Amendment applications
  • The pre-application public meeting is not required for an application submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility unless:
    • the application is also for an initial permit for hazardous waste management unit(s), or
    • the application is also for renewal of the permit, where the renewal application is proposing a significant change (Class 3 Permit Modification or Major Amendment) in facility operations (Note: per preamble to the related federal rule, the facility operations referenced herein exclude post-closure and corrective action activities)  

What you need to do for a new permit application:

  • 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 335.391 )
  • If applicable and necessary, submit an original updated Part A application form plus 1 electronic copy and 1 full copy (to determine if you need this, see 30 TAC 305 42(d), 51(a), or 51(b) );
  • Submit an original Part B application or Permit Application to Store or Process Industrial Nonhazardous Waste, whichever is applicable, plus 1 electronic copy and 1 full copy, and include at least:
    • Plain Language Summary Forms (required for applications for a Class 3 permit modification, permit amendment, permit renewals, and for a new permit)
    • 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;
    • 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;
    • A completed Core Data Form. (Instructions for completing the Core Data Form);
    • A completed Part B Administrative and Technical Evaluation Checklist (TCEQ-00136) on a CD or DVD.
    • 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.
  • Submit a mailing list identifying all persons specified in 30 TAC 39.413 ;
  • Send all the above items by certified mail or other means that establish proof of delivery to:

Waste Permits Division (MC-126)
PO Box 13087
Austin, TX 78711-3087

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

  • The application will receive two reviews: administrative and technical;
  • 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;
  • We will send notice that the application is administratively complete and available for public review by first-class mail to all persons listed in 30 TAC 39.413 . Notice language for publication, and instructions, will be provided to the applicant by the agency;
  • A public meeting will be held regarding an application for a new facility, in accordance with 30 TAC 39.503(e)(1) . The meeting will be held during the technical review period;
  • 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 39.405(f)(2) . Notice language will be provided to the applicant by the agency;
  • We will send notice of the public meeting by first-class mail to all persons listed in 30 TAC 39.413 ;
  • At the conclusion of the technical review, 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;
  • After all comments regarding the initial draft permit are received, we will complete the final draft permit;
  • Additional notice language for publication, and instructions, will be provided to the applicant by the agency within 10 working days of completion of the final draft permit. As set out in 30 TAC 39.503 , the deadline for public comments on industrial solid waste applications will be not less than 30 days after newspaper publication of the notice, and for hazardous waste applications, not less than 45 days after newspaper publication. We must also notify all persons all persons listed in 30 TAC 39.413 ; and
  • Within 10 working days of determining the outcome of the final draft permit, we must notify all persons listed in 30 TAC 39.413 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.