| (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.
(1) Facility owners or operators must have complied
with the Notification of Intent to Comply (NIC) requirements of 40
CFR §63.1210(b) and (c) that were in effect prior to October
11, 2000, as amended in 40 CFR §270.42(j) through October 12,
2005 (70 Federal Register 59402), 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.
(3) Facility owners or operators may request to have
specific RCRA operating and emissions limits waived by submitting
a Class 1 permit modification request under L.10. in Appendix I of
subsection (k) of this section. The facility owner or operator must:
(A) identify the specific RCRA permit operating and
emissions limits which are requested to be waived;
(B) provide an explanation of why the changes are necessary
to minimize or eliminate conflicts between the RCRA permit and MACT
compliance;
(C) discuss how the revised provisions will be sufficiently
protective; and
(D) the executive director shall notify the facility
owner or operator whether the Class 1 permit modification has been
approved or denied. If denied, the executive director shall provide
justification for denial.
(4) To request the modification referenced in paragraph
(3) of this subsection in conjunction with MACT performance testing
where permit limits may only be waived during actual test events and
pretesting, as defined under 40 CFR §63.1207(h)(2)(i) and (ii),
for an aggregate time not to exceed 720 hours of operation (renewable
at the discretion of the executive director); the owner or operator
must:
(A) submit the modification request to the executive
director at the same time the test plans are submitted to the executive
director; and
(B) the executive director may elect to approve or
deny the request contingent upon approval of the test plans.
(j) Military hazardous waste munitions storage, processing,
and disposal. The permittee is authorized to continue to accept waste
military munitions regardless of 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, 24 TexReg 5879;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; amended to be effective August 16, 2007, 32 TexReg 5003; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective February 21, 2013, 38 TexReg 970; amended to be effective May 14, 2020, 45 TexReg 3109 |
