| (1) In the case of modifications not explicitly listed
in Appendix I of subsection (k) of this section, the permittee may
submit a Class 3 modification request to the agency, or the permittee
may request a determination by the executive director that the modification
should be reviewed and approved as a Class 1 or Class 2 modification.
If the permittee requests that the modification be classified as a
Class 1 or Class 2 modification, the permittee must provide the agency
with the necessary information to support the requested classification.
(2) The executive director shall make the determination
described in paragraph (1) of this subsection as promptly as practicable.
In determining the appropriate class for a specific modification,
the executive director shall consider the similarity of the modification
to other modifications codified in Appendix I of subsection (k) of
this section and the following criteria.
(A) Class 1 modifications apply to minor changes that
keep the permit current with routine changes to the facility or its
operation. These changes do not substantially alter the permit conditions
or reduce the capacity of the facility to protect human health or
the environment. In the case of Class 1 modifications, the executive
director may require prior approval;
(B) Class 2 modifications apply to changes that are
necessary to enable a permittee to respond, in a timely manner, to:
(i) common variations in the types and quantities of
the wastes managed under the facility permit;
(ii) technological advancements; and
(iii) changes necessary to comply with new regulations,
where these changes can be implemented without substantially changing
design specifications or management practices in the permit; and
(C) Class 3 modifications reflect a substantial alteration
of the facility or its operations.
(f) Temporary authorizations.
(1) Upon request of the permittee, the commission may
grant the permittee a temporary authorization having a term of up
to 180 days, in accordance with this subsection, and in accordance
with the following public notice requirements:
(A) notice of a hearing on the temporary authorization
shall be given not later than the 20th day before the hearing on the
authorization; and
(B) this notice of hearing shall provide that an affected
person may request an evidentiary hearing on issuance of the temporary
authorization.
(2) The permittee may request a temporary authorization
for:
(A) any Class 2 modification meeting the criteria in
paragraph (5)(B) of this subsection; and
(B) any Class 3 modification that meets the criteria
in paragraph (5)(B)(i) or (ii) of this subsection, or that meets any
of the criteria in paragraph (5)(B)(iii) - (v) of this subsection
and provides improved management or treatment of a hazardous waste
already listed in the facility permit.
(3) The temporary authorization request must include:
(A) a specific description of the activities to be
conducted under the temporary authorization;
(B) an explanation of why the temporary authorization
is necessary and reasonably unavoidable; and
(C) sufficient information to ensure compliance with
the applicable standards of Chapter 335, Subchapter F of this title
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 §39.413
of this title. 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
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 Section 3004 of the Resource Conservation
and Recovery Act (RCRA), 42 United States Code, §6924;
(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 §39.413 of this title 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,
Texas Government Code, Chapter 2001.
(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,
Chapter 335, Subchapter H, Divisions 1 through 4 of this title (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 Section 6921 of the Resource Conservation and Recovery Act
Subtitle C (Subchapter III Hazardous Waste Management, 42 United States
Code, §§6921 - 6939e); 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 40 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 subsection (k) of this section.
Cont'd... |
