| (13) With the written consent of the permittee, the executive
director may extend indefinitely or for a specified period the time periods
for final approval or denial of a Class 2 modification request or for reclassifying
a modification as Class 3.
(14) The commission or the executive director may change the
terms of, and the commission may deny a Class 2 permit modification request
under paragraphs (6) - (8) of this subsection for any of the following reasons:
(A) the modification request is incomplete;
(B) the requested modification does not comply with the appropriate
requirements of Subchapter F, Chapter 335 of this title (relating to Permitting
Standards for Owners and Operators of Hazardous Waste Storage, Processing
or Disposal Facilities) or other applicable requirements; or
(C) the conditions of the modification fail to protect human
health and the environment.
(15) The permittee may perform any construction associated
with a Class 2 permit modification request beginning 60 days after the submission
of the request unless the executive director establishes a later date for
commencing construction and informs the permittee in writing before the 60th
day.
(d) Class 3 modifications of solid waste permits.
(1) For Class 3 modifications listed in Appendix I of this
subchapter, the permittee must submit a modification request to the executive
director that:
(A) describes the exact change to be made to the permit conditions
and supporting documents referenced by the permit;
(B) identifies that the modification is a Class 3 modification;
(C) explains why the modification is needed; and
(D) provides the applicable information in the form and manner
specified in §1.5(d) of this title (relating to Records of the Agency), §§305.41-305.45
and 305.47-305.53 of this title (relating to Applicability; Application Required;
Who Applies; Signatories to Applications; Contents of Application for Permit;
Retention of Application Data; Additional Contents of Applications for Wastewater
Discharge Permits; Additional Contents of Application for an Injection Well
Permit; Additional Requirements for an Application for a Hazardous or Industrial
Solid Waste Permit; Revision of Applications for Hazardous Waste Permits;
Waste Containing Radioactive Materials; and Application Fee), Subchapter I
of this chapter (relating to Hazardous Waste Incinerator Permits), Subchapter
J of this chapter (relating to Permits for Land Treatment Demonstrations Using
Field Tests or Laboratory Analyses); and Subchapter Q of this chapter (relating
to Permits for Boilers and Industrial Furnaces Burning Hazardous Waste).
(2) The permittee must send a notice of the modification request
by first-class mail to all persons listed in §39.13 of this title (relating
to Mailed Notice) and must cause this notice to be published in a major local
newspaper of general circulation. This notice must be mailed and published
within seven days before or after the date of submission of the modification
request and evidence of the mailing and publication of the notice shall be
provided to the executive director. The notice shall include the following:
(A) all information required by §39.11 of this title (relating
to Text of Mailed Notice);
(B) announcement of a 60-day comment period, and the name and
address of an agency contact person to whom comments must be sent;
(C) announcement of the date, time, and place for a public
meeting on the modification request, to be held in accordance with paragraph
(4) of this subsection;
(D) name and telephone number of the permittee's contact person;
(E) name and telephone number of an agency contact person;
(F) identification of the location where copies of the modification
request and any supporting documents can be viewed and copied; and
(G) the following statement: "The permittee's compliance history
during the life of the permit being modified is available from the agency
contact person."
(3) The permittee must place a copy of the permit modification
request and supporting documents in a location accessible to the public in
the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than
15 days after the publication of the notice required in paragraph (2) of this
subsection and no later than 15 days before the close of the 60-day comment
period. The meeting must be held to the extent practicable in the vicinity
of the permitted facility.
(5) The public shall be provided at least 60 days to comment
on the modification request. The comment period will begin on the date the
permittee publishes the notice in the local newspaper. Comments should be
submitted to the agency contact person identified in the public notice.
(6) After the conclusion of the 60-day comment period, the
permit modification request shall be granted or denied in accordance with
the applicable requirements of Chapter 39 of this title (relating to Public
Notice), Chapter 50 of this title (relating to Action on Applications), and
Chapter 55 of this title (relating to Request for Contested Case Hearing;
Public Comment). When a permit is modified, only the conditions subject to
modification are reopened.
(e) Other modifications.
(1) In the case of modifications not explicitly listed in Appendix
I of this subchapter, 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 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 (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
Cont'd... |
