| (D) authorizes closure and the final closure plan for
the disposal site;
(E) transfers the license to the custodial agency;
(F) authorizes enlargement of the licensed area beyond
the boundaries of the existing license;
(G) authorizes a change of the method specified in
the license for disposal of by-product material as defined in the
Texas Radiation Control Act, Texas Health and Safety Code, §401.003(3)(B);
(H) grants an exemption from any provision of Chapter
336 of this title;
(I) authorizes a new technology or new process that
requires an engineering review, unless the new technology or new process
meets criteria in §305.62(i)(2)(A) of this title;
(J) authorizes a reduction in financial assurance unless
such a reduction occurs as a result of completed closure activities
that have been approved by the appropriate regulatory authority; or
(K) authorizes a change which has a potentially significant
effect on the human environment and for which the executive director
has prepared a written environmental analysis or has determined that
an environmental analysis is required;
(2) Minor amendments. An application for a minor amendment
is subject to public notice requirements of Chapter 39 of this title
(relating to Public Notice), but is not subject to an opportunity
to request a contested case hearing. A minor amendment is one which:
(A) authorizes a modification that is not specifically
authorized in an existing condition in a license issued under Chapter
336 of this title and which does not pose a potential detrimental
impact on public health and safety, worker safety, or environmental
health;
(B) authorizes the addition of previously reviewed
production or processing equipment, and where an environmental assessment
has been completed;
(C) authorizes a reduction in financial assurance as
a result of completed closure activities that have been approved by
the appropriate regulatory authority; or
(D) any amendment, after completion of a review, the
executive director determines is a minor amendment.
(3) Administrative amendments. An application for an
administrative amendment is not subject to public notice requirements
and is not subject to an opportunity to request a contested case hearing.
An administrative amendment is one which:
(A) corrects a clerical or typographical error;
(B) changes the mailing address or other contact information
of the licensee;
(C) changes the Radiation Safety Officer, if the person
meets the criteria in Chapter 336 of this title;
(D) changes the name of an incorporated licensee that
amends its articles of incorporation only to reflect a name change,
if updated information is provided by the licensee, provided that
the Secretary of State can verify that a change in name alone has
occurred;
(E) is a federally-mandated change to a license;
(F) corrects citations in license from rules/statutes;
(G) is necessary to address emergencies;
(H) authorizes minor modifications to existing facilities,
consistent with individual license conditions for a specified facility
with demonstrated performance, that enhance public health and safety
or protection of the environment;
(I) authorizes minor modifications to existing facilities,
consistent with individual license conditions for a specified facility
with demonstrated performance, to enhance environmental monitoring
programs and protection of the environment; or
(J) any amendment, after completion of a review, the
executive director determines is an administrative amendment.
(j) This subsection applies only to major amendments
to MSW permits.
(1) A full permit application shall be submitted when
applying for a major amendment to an MSW permit for the following
changes:
(A) an increase in the maximum permitted elevation
of a landfill;
(B) a lateral expansion of an MSW facility other than
changes to expand the buffer zone as defined in §330.3 of this
title (relating to Definitions). Changes to the facility legal description
to increase the buffer zone may be processed as a permit modification
requiring public notice under §305.70(k) of this title;
(C) any increase in the volumetric waste capacity at
a landfill or the daily maximum limit of waste acceptance for a Type
V processing facility; and
(D) upgrading of a permitted landfill facility to meet
the requirements of 40 Code of Federal Regulations Part 258, including
facilities which previously have submitted an application to upgrade.
(2) For all other major amendment applications for
MSW facilities, only the portions of the permit and attachments to
which changes are being proposed are required to be submitted. The
executive director's review and any hearing or proceeding on a major
amendment subject to this paragraph shall be limited to the proposed
changes, including information requested under paragraph (3) of this
subsection. Examples of changes for which less than a full application
may be submitted for a major amendment include:
(A) addition of an authorization to accept a new waste
stream (e.g., Class 1 industrial waste);
(B) changes in waste acceptance and operating hours
outside the hours identified in §330.135 of this title (relating
to Facility Operating Hours), or authorization to accept waste or
operate on a day not previously authorized; and
(C) addition of an alternative liner design, in accordance
with §330.335 of this title (relating to Alternative Liner Design).
(3) The executive director may request any additional
information deemed necessary for the review and processing of the
application.
(k) This subsection applies only to temporary authorizations
made to existing MSW permits or registrations.
(1) Examples of temporary authorizations include:
(A) the use of an alternate daily cover material on
a trial basis to properly evaluate cover effectiveness for odor and
vector control;
(B) temporary changes in operating hours to accommodate
special community events or prevent disruption of waste services due
to holidays;
(C) temporary changes necessary to address disaster
situations; and
(D) temporary changes necessary to prevent the disruption
of solid waste management activities.
(2) In order to obtain a temporary authorization, a
permittee or registrant shall request a temporary authorization and
include in the application a specific description of the activities
to be conducted, an explanation of why the authorization is necessary,
and how long the authorization is needed.
(3) The executive director may approve a temporary
authorization for a term of not more than 180 days, and may reissue
the temporary authorization once for an additional 180 days, if circumstances
warrant the extension.
(4) The executive director may provide verbal authorization
for activities related to disasters as described in paragraph (1)(C)
of this subsection. When verbal authorization is provided, the permittee
or registrant shall document both the details of the temporary changes
and the verbal approval, and provide the documentation to the executive
director within three days of the request.
(5) Temporary authorizations for MSW facilities may
include actions that would be considered to be either a major or minor
change to a permit or registration. Temporary authorizations apply
to changes to an MSW facility or its operation that do not reduce
the capability of the facility to protect human health and the environment.
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| Source Note: The provisions of this §305.62 adopted to be effective June 19, 1986, 11 TexReg 2594; amended to be effective July 14, 1987, 12 TexReg 2102; amended to be effective July 27, 1988, 13 TexReg 3513; amended to be effective July 5, 1989, 14 TexReg 3046; amended to be effective October 8, 1990, 15 TexReg 5492; amended to be effective October 29, 1990, 15 TexReg 6015; amended to be effective June 13, 1996, 21 TexReg 4999; amended to be effective February 11, 1997, 22 TexReg 1169; amended to be effective June 5, 1997, 22 TexReg 4583; amended to be effective June 17, 1999, 24 TexReg 4441; amended tobe effective September 14, 2000, 25 TexReg 8974; amended to be effective May 29, 2008, 33 TexReg 4157; amended to be effective March 12, 2009, 34 TexReg 1629; amended to be effective December 6, 2018, 43 TexReg 7794; amended to be effective May 14, 2020, 45 TexReg 3109 |
