Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter D - AMENDMENTS, RENEWALS, TRANSFERS, CORRECTIONS, REVOCATION, AND SUSPENSION OF PERMITS › Section 305.62 - Amendments

Current through Reg. 49, No. 28; July 12, 2024
(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 §
											50.145 of
				  this title (relating to Corrections to Permits)). Notice requirements for a
				  minor modification are in §
											39.551
				  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).