Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,196
1163-1244 p. ; 28 cm.View a full description of this periodical.
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in 1305.41-305.53 of this title (relating to
Application for Permit). The application
shall include a statement describing the
reason for the requested changes.
(c) Types of amendments.
(1) A major amendment is an anmand-
ment that changes a substantive term, pro-
vision, requirement, or a limiting parameter
of a permit.
(2) A minor amendment is an amend-
ment to improve or maintain the permitted
quality or method of disposal of waste or in-
jection of fluid if there is neither a signifi-
cant increase of the quantity of waste or fluid
to be discharged or injected nor a material
change in the pattern or place of discharge
or injection. A minor amendment includes
any other change to a permit issued under
this chapter that will dbt cause a potential
deterioration of quality of water in the state
nor relax a standard or criterion which may
result in a potential deterioration of quality
of water in the state. A minor amendment
also includes, but is not limited to, the
following:
(A) changing an interim compli-
ance date in a schedule of compliance, pro-
vided the new date is not more than 120 days
after the date specified in the existing per-
mit and does not interfere with attainment
of the final compliance date;
(B) requiring more frequent mon-
itoring or reporting by the permittee;
(C) for solid waste permits, the
following changes:
(i) change in the lists of facili-
ty emergency coordinators of equipment in
the permit's contingency plan;
(Ii) change in the estimates of
maximum inventory under 40 Code of Fed-
eral Regulations 264.112(a)2);
(ii) change in the estimates of
expected year of 'closure or schedules for
final closure under 40 Code of Federal Reg-
ulations 264.112(aX4);
(iv) extensions of periods longer
than 90 days or 180 days under 40 Code of
Federal Regulations 264.113(a) and (b);
(v) change in the ranges of the
operating requirements set in the permit to
reflect the results of a trial burn, provided
that the change is minor;
(vi) a minor change to the op-
erating requirements set in the permit for
conducting a trial burn;
(vii) an extension of the time
period for determining operational readiness
following completion of construction, for up
to 720 hours operating time for treatment of
hazardous waste;
(viii) change in the treatement
program requirements for land treatment
units under 40 Code of Federal Regulations
264.271 to improve treatment of hazardous
constituents, provided that the change is
minor;
(ix) a minor change to any
conditions specified in the permit for land
treatment units to reflect the results of fieldtests or laboratory analyses used in making
a treatment demonstration in accordance
with 10305.181-305.184 of this title (relating
to Permits for Land Treatment Demonstra-
tions Using Field Tests or Laboratory Ana-
lysis); or
(x) authorization for a second
treatment demonstration for land treatment
to be conducted when the results of the first
demonstration have not shown the condi-
tions under which the waste or wastes can
be treated completely as required by 40 Code
of Federal Regulations 264.272(a' provided
the conditions for the second demonstration
are substantially the same as the conditions
for the first demonstration.
(d) Good cause for amendments. The
executive director may initiate and the com-
mission may order an amendment to a per-
mit if go "d cause exists. Good cause in-
cludes, but is not limited to, the following:
(1) there are material and substan-
tial changes to the permitted facility or ac-
tivity 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 ex-
ecutive director, and such information jus-
tifies amendment of existing permit condi-
tions;
(3) the standards or regulations on
which the permit or a permit condition was
based have been changed by new standards
or regulations or by judicial decision;
(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 permits to store, process, or
dispose of hazardous waste:
(A) when modification of a clo-
sure plan is required under 40 Code of of
Federal Regulations 0264.112(b) or 264.118
(b);
(B) after the executive director
receives the modification of expected closure
under 40 Code of Federal Regulations
264.113, when the executive director deter-
mines that extension of the 90- or 180-day
periods under 40 Code of Federal Regula-
tions 264.113, modification of the 30-year
post-closure period under 40 Code of Federal
Regulations 264.117(a), continuation of se-
curity requirements, or permission to disturb
the integrity of the containment system under
40 Code of Federal Regulations 264.117(c)
are warranted;
(C) when the permittee has filed
a request under 40 Code of Federal Regula-
tions 264.147(d) for a variance to the level
of financial responsibility or when the ex-
ecutive director demonstrates under 40 Code
of Federal Regulations 264.147(e) that an
upward adjustment of the level of financial
responsibility is required;
(D) to include a detection moni-
toring program meeting the requirements of
336.164 of this title (relating to DetectionMonitoring Program), when the owner or
operator has been conducting a compliance
monitoring program undel 336.165 of this
title (relating to Compliance Monitoring Pro-
gram) or a corrective action program under
336.166 of this title (relating to Corrective
Action Program) and the compliance periods
ends before the end of the postclosure care
period for the unit;
(E) to include condition- applic-
able to units at a facility that were not pre-
viously included in the facility's permit; or
(F) when a land treatment unit is
not achieving complete treatment of hazard-
ous constituents under its current permit
conditions.
(e) Amendment of land disposal fa-
cility permit. When a permit for a land dis-
posal facility used to manage hazardous
waste is reviewed by the commission under
305.127()(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 facili-
ty continues to comply with currently applic-
able requirements of this chapter and Chap-
ter 336 of this title (relating to Industrial
Solid Waste and Municipal Hazardous
Waste).
(f) Amendment initiated by the execu-
tive director. If the executive director deter-
mines 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 ad-
dress of record with the commission. This
notice should be given at least 15 days before
a petition is filed with the commission. How-
ever, such notice period shall not be juris-
dictional.
(g) Amendment initiated permit expir-
ation. The existing permit will remain effec-
tive and will not expire until commission ac-
tion on the application for amendment is
final. The commission may extend the term
of a permit when taking action on an appli-
cation for amendment.
305.63. Renewal. The permittee or the
executive director may file an application for
renewal of a permit. The application shall
be filed with the executive director before the
permit expiration date.
(1) An application for renewal may
be in the same form as that required for the
original permit application.
(2) An application for renewal shall
request continuation of the same require-
ments and conditions of the expiring permit.
(3) If an application for renewal in
fact requests a modification of requirements
and conditions of the existing permit, an ap-
plication for amendment shall also br filed
before further action is taken.
(4) If renewal procedures have been
initiated before the permit expiration date,
the existing permit will remain in full force
and effect and will not expire until commis-11 TxReg 1196 March 11, 1986
_ _I __
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/34/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.