| (C) sufficient information to ensure compliance with the applicable
standards of Chapter 335, Subchapter F of this title (relating to Permitting
Standards for Owners and Operators of Hazardous Waste Storage, Processing
or Disposal Facilities) and 40 Code of Federal Regulations (CFR) Part 264.
(4) The permittee must send a notice about the temporary authorization
request by first-class mail to all persons listed in §39.13 of this title
(relating to Mailed Notice). This notification must be made within seven days
of submission of the authorization request.
(5) The commission shall approve or deny the temporary authorization
as quickly as practicable. To issue a temporary authorization, the commission
must find:
(A) the authorized activities are in compliance with the applicable
standards of Chapter 335, Subchapter F of this title (relating to Permitting
Standards for Owners and Operators of Hazardous Waste Storage, Processing
or Disposal Facilities) and 40 CFR Part 264; and
(B) the temporary authorization is necessary to achieve one
of the following objectives before action is likely to be taken on a modification
request:
(i) to facilitate timely implementation of closure or corrective
action activities;
(ii) to allow treatment or storage in tanks, containers, or
containment buildings, of restricted wastes in accordance with Chapter 335,
Subchapter O of this title (relating to Land Disposal Restrictions), 40 CFR
Part 268, or RCRA §3004;
(iii) to prevent disruption of ongoing waste management activities;
(iv) to enable the permittee to respond to sudden changes in
the types or quantities of the wastes managed under the facility permit; or
(v) to facilitate other changes to protect human health and
the environment.
(6) A temporary authorization may be reissued for one additional
term of up to 180 days provided that the permittee has requested a Class 2
or 3 permit modification for the activity covered in the temporary authorization,
and:
(A) the reissued temporary authorization constitutes the commission's
decision on a Class 2 permit modification in accordance with subsection (c)(6)(D)
or (7)(D) of this section; or
(B) the commission determines that the reissued temporary authorization
involving a Class 3 permit modification request is warranted to allow the
authorized activities to continue while the modification procedures of subsection
(d) of this section are conducted.
(g) Public notice and appeals of permit modification decisions.
(1) The commission shall notify all persons listed in §39.13
of this title (relating to Mailed Notice) within ten working days of any decision
under this section to grant or deny a Class 2 or 3 permit modification request.
The commission shall also notify such persons within ten working days after
an automatic authorization for a Class 2 modification goes into effect under
subsection (c)(8) or (11) of this section.
(2) The executive director's or the commission's decision to
grant or deny a Class 3 permit modification request under this section may
be appealed under the appropriate procedures set forth in the commission's
rules and in the Administrative Procedure Act, the Government Code, Chapter
2002.
(h) Newly regulated wastes and units.
(1) The permittee is authorized to continue to manage wastes
listed or identified as hazardous under 40 CFR, Part 261, or to continue to
manage hazardous waste in units newly regulated as hazardous waste management
units if:
(A) the unit was in existence as a hazardous waste facility
unit with respect to the newly listed or characteristic waste or newly regulated
waste management unit on the effective date of the final rule listing or identifying
the waste or regulating the unit;
(B) the permittee submits a Class 1 modification request on
or before the date on which the waste or unit becomes subject to the new requirements;
(C) the permittee is in substantial compliance with the applicable
standards of Chapter 335, Subchapter E of this title (relating to Interim
Standards for Owners and Operators of Hazardous Waste Storage, Processing,
or Disposal Facilities), Chapter 335, Subchapter H, Divisions 1 through 4
(relating to Standards for the Management of Specific Wastes and Specific
Types of Facilities), and 40 CFR Part 265 and Part 266;
(D) the permittee also submits a complete Class 2 or 3 modification
request within 180 days after the effective date of the final rule listing
or identifying the waste or subjecting the unit to RCRA Subtitle C management
standards; and
(E) in the case of land disposal units, the permittee certifies
that each such unit is in compliance with all applicable 40 CFR, Part 265
groundwater monitoring requirements and with Chapter 37 of this title (relating
to Financial Assurance) on the date 12 months after the effective date of
the final rule identifying or listing the waste as hazardous, or regulating
the unit as a hazardous waste management unit. If the owner or operator fails
to certify compliance with these requirements, the owner or operator shall
lose authority to operate under this section.
(2) New wastes or units added to a facility's permit under
this subsection do not constitute expansions for the purpose of the 25% capacity
expansion limit for Class 2 modifications.
(i) Combustion facility changes to meet Title 40 Code of Federal
Regulations (CFR) Part 63 Maximum Achievable Control Technology (MACT) standards.
The following procedures apply to hazardous waste combustion facility permit
modifications requested under L.9. of Appendix I of this subchapter.
(1) Facility owners or operators must comply with the Notification
of Intent to Comply (NIC) requirements of 40 CFR §63.1210(b) and (c),
as amended through July 10, 2000 (65 FR 42292), before a permit modification
can be requested under this section.
(2) If the executive director does not approve or deny the
request within 90 days of receiving it, the request shall be deemed approved.
The executive director may, at his or her discretion, extend this 90- day
deadline one time for up to 30 days by notifying the facility owner or operator.
(j) Military hazardous waste munitions storage, processing,
and disposal. The permittee is authorized to continue to accept waste military
munitions notwithstanding any permit conditions barring the permittee from
accepting off-site wastes, if:
(1) the facility is in existence as a hazardous waste facility,
and the facility is already permitted to handle waste military munitions,
on the date when waste military munitions become subject to hazardous waste
regulatory requirements;
(2) on or before the date when waste military munitions become
subject to hazardous waste regulatory requirements, the permittee submits
a Class 1 modification request to remove or revise the permit provision restricting
the receipt of off-site waste munitions; and
(3) the permittee submits a Class 2 modification request within
180 days of the date when the waste military munitions become subject to hazardous
waste regulatory requirements.
(k) Appendix I. The following appendix will be used for the
purposes of this subchapter which relates to industrial and hazardous solid
waste permit modification at the request of the permittee.
Attached Graphic
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| Source Note: The provisions of this §305.69 adopted to be effective October 29, 1990, 15 TexReg 6015; amended to be effective July 29, 1992, 17 TexReg 5090; amended to be effective June 7, 1993, 18 TexReg 3290; amended to be effective November 23, 1993, 18 TexReg 8215; amended to be effective February 22, 1994, 19 TexReg 941; amended to be effective November 7, 1994, 19 TexReg 8543; amended to be effective April 17, 1995, 20 TexReg 2392; amended to be effective February 26, 1996, 21 TexReg 1137; amended to be effective August 8, 1999, 24TexReg5879;amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective April 12, 2001, 26 TexReg 2739; amended to be effective November 15, 2001, 26 TexReg 9123 |
