| (a) Amendments generally. A change in a term, condition,
or provision of a permit requires an amendment, except under §305.70
of this title (relating to Municipal Solid Waste Permit and Registration
Modifications), under §305.69 of this title (relating to Solid
Waste Permit Modification at the Request of the Permittee), under §305.66
of this title (relating to Permit Denial, Suspension, and Revocation),
and under §305.64 of this title (relating to Transfer of Permits).
The permittee or an affected person may request an amendment. If the
permittee requests an amendment, the application shall be processed
under Chapter 281 of this title (relating to Applications Processing).
If the permittee requests a modification of a solid waste permit,
the application shall be processed under §305.69 of this title.
If the permittee requests a modification of a municipal solid waste
(MSW) permit, the application shall be processed in accordance with §305.70
of this title. If an affected person requests an amendment, the request
shall be submitted to the executive director for review. If the executive
director determines the request is not justified, the executive director
will respond within 60 days of submittal of the request, stating the
reasons for that determination. The person requesting an amendment
may petition the commission for a review of the request and the executive
director's recommendation. If the executive director determines that
an amendment is justified, the amendment will be processed under subsections
(d) and (f) of this section.
(b) Application for amendment. An application for amendment
shall include all requested changes to the permit. Information sufficient
to review the application shall be submitted in the form and manner
and under the procedures specified in Subchapter C of this chapter
(relating to Application for Permit or Post-Closure Order). The application
shall include a statement describing the reason for the requested
changes.
(c) Types of amendments, other than amendments for
radioactive material licenses in subsection (i) of this section.
(1) A major amendment is an amendment that changes
a substantive term, provision, requirement, or a limiting parameter
of a permit.
(2) A minor amendment is an amendment to improve or
maintain the permitted quality or method of disposal of waste, or
injection of fluid if there is neither a significant increase of the
quantity of waste or fluid to be discharged or injected nor a material
change in the pattern or place of discharge of injection. A minor
amendment includes any other change to a permit issued under this
chapter that will not cause or relax a standard or criterion which
may result in a potential deterioration of quality of water in the
state. A minor amendment may also include, but is not limited to:
(A) except for Texas Pollutant Discharge Elimination
System (TPDES) permits, changing an interim compliance date in a schedule
of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date; and
(B) except for TPDES permits, requiring more frequent
monitoring or reporting by the permittee.
(3) Minor modifications for TPDES permits. The executive
director may modify a TPDES permit to make corrections or allowances
for changes in the permitted activity listed in this subsection (see
also §50.45 of this title (relating to Corrections to Permits)).
Notice requirements for a minor modification are in §39.151 of
this title (relating to Application for Wastewater Discharge Permit,
Including Application for the Disposal of Sewage Sludge or Water Treatment
Sludge). Minor modifications to TPDES permits may only:
(A) correct typographical errors;
(B) require more frequent monitoring or reporting by
the permittee;
(C) change an interim compliance date in a schedule
of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date;
(D) change the construction schedule for a discharger
which is a new source. No such change shall affect a discharger's
obligation to have all pollution control equipment installed and in
operation before discharge under §305.534 of this title (relating
to New Sources and New Dischargers);
(E) delete a point source outfall when the discharge
from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except within permit limits;
(F) when the permit becomes final and effective on
or after March 9, 1982, add or change provisions to conform with §§305.125,
305.126, 305.531(1), 305.535(c)(1)(B), and 305.537 of this title (relating
to Standard Permit Conditions; Additional Standard Permit Conditions
for Waste Discharge Permits; Establishing and Calculating Additional
Conditions and Limitations for TPDES Permits; Bypasses from TPDES
Permitted Facilities; Minimum Requirements for TPDES Permitted Facilities;
and Reporting Requirements for Planned Physical Changes to a Permitted
Facility); or
(G) incorporate enforceable conditions of a publicly
owned treatment works pretreatment program approved under the procedures
in 40 Code of Federal Regulations §403.11, as adopted by §315.1
of this title (relating to General Pretreatment Regulations for Existing
and New Sources of Pollution).
(d) Good cause for amendments. If good cause exists,
the executive director may initiate and the commission may order a
major amendment, minor amendment, modification, or minor modification
to a permit and the executive director may request an updated application
if necessary. Good cause includes, but is not limited to:
(1) material and substantial changes to the permitted
facility or activity which justify permit conditions that are different
or absent in the existing permit;
(2) information, not available at the time of permit
issuance, is received by the executive director, justifying amendment
of existing permit conditions;
(3) the standards or regulations on which the permit
or a permit condition was based have been changed by statute, through
promulgation of new or amended standards or regulations, or by judicial
decision after the permit was issued;
(4) an act of God, strike, flood, material shortage,
or other event over which the permittee has no control and for which
there is no reasonably available alternative may be determined to
constitute good cause for amendment of a compliance schedule;
(5) for underground injection wells, a determination
that the waste being injected is a hazardous waste as defined under §335.1
of this title (relating to Definitions) either because the definition
has been revised, or because a previous determination has been changed;
and
(6) for Underground Injection Control area permits,
any information that cumulative effects on the environment are unacceptable.
(e) Amendment of land disposal facility permit. When
a permit for a land disposal facility used to manage hazardous waste
is reviewed by the commission under §305.127(1)(B)(iii) of this
title (relating to Conditions to be Determined for Individual Permits),
the commission shall modify the permit as necessary to assure that
the facility continues to comply with currently applicable requirements
of this chapter and Chapter 335 of this title (relating to Industrial
Solid Waste and Municipal Hazardous Waste).
(f) Amendment initiated by the executive director.
If the executive director determines to file a petition to amend a
permit, notice of the determination stating the grounds therefor and
a copy of a proposed amendment draft shall be personally served on
or mailed to the permittee at the last address of record with the
commission. This notice should be given at least 15 days before a
petition is filed with the commission. However, such notice period
shall not be jurisdictional.
(g) Amendment initiated permit expiration. The existing
permit will remain effective and will not expire until commission
action on the application for amendment is final. The commission may
extend the term of a permit when taking action on an application for
amendment.
(h) Amendment application considered a request for
renewal. For applications filed under the Texas Water Code, Chapter
26, an application for a major amendment to a permit may also be considered
as an application for a renewal of the permit if so requested by the
applicant.
(i) Types of amendments for radioactive material licenses
authorized in Chapter 336 of this title (relating to Radioactive Substance
Rules).
(1) Major amendments. A major amendment is one which:
(A) authorizes a change in the type or concentration
limits of wastes to be received;
(B) authorizes receipt of wastes determined by the
executive director not to be authorized in the existing license;
(C) authorizes a change in the licensee, owner or operator
of the licensed facility;
(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;
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