Fall 2019 - Industrial and Hazardous Waste (I&HW) Quarterly Highlights

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I&HW Quarterly Highlights

Renewal Application Reminders

In an effort to reduce deficiencies and complete our timely review of the permit renewal applications, we are providing examples of some frequent deficiencies identified during review of previously submitted applications. When submitting your permit renewal application, please address the following items as well as other items required in the Hazardous Waste Part A and Part B application forms, the Part B Administrative and Technical Evaluation Checklist (Excel), and the permitting rules.

This issue of Industrial and Hazardous Waste Permits Quarterly Highlight will focus on application related items.

Facility Notice of Registration (NOR)

Registration neon signage


Ensure your NOR is current and accurately reflects the facility waste management units, including, but not limited to the permitted units.  For assistance in updating your NOR, contact Permitting Registration & Support at 512-239-6413.

Changes to the Permit Renewal Application

  1. Incorporate all approved modifications/amendments since the original or last permit renewal issuance into the Modification/Amendment Table and submit with the renewal application.
  2. For any new changes you propose within a section, report, table, attachment, etc. in the permit renewal application, provide a redline/strikeout version of the changes if possible.  If not possible (for example the Word version of the original application is not available), identify the changes by other means; e.g., describe and include the changes as an addendum to each affected applicable section. 
  3. Provide updated land use map and adjacent land owners list.

Avoid Commonly Deficient

Application Information

Part A and Part B

  1. Use the most recent Part A and Part B application forms and follow the Format of the Hazardous Waste Permit Application Instructions.
  2. Use the latest Part B Administrative and Technical Evaluation Checklist (TCEQ-00136)
  3. In Section I, ensure all facility information is up to date. Double check the following to avoid common errors found in applications:
    • Correct Regulated Entity Number (RN) and /Customer Reference Number (CN),
    • Correct Charter Number,
    • Provide the latest State and Local Officials
      • Include updated address and phone number 
    • Signature Pages must be notarized.
    • Public place for display of application materials must have correct name of library (or public place) with correct address and phone number.
    • Core Data form must be completed (see section on TCEQ Core Data form below)
    • Provide updated Landowner maps and mailing labels:

Part B

  1. Use the latest Part B Administrative and Technical Evaluation Checklist (TCEQ-00136)
    • When you complete this checklist, provide your responses to each line item.   
    • When you identify the location of information required in a line item, refer to specific location where the information is located e.g.,  “see Section V.B.3, page 26”
  1. In Section I.D.6, include the list of all changes you are requesting, including Financial Assurance and Financial Capability revisions, as applicable.
  2. In Sections I, II and V, review and describe changes related to flooding conditions since the original permit or last permit renewal issuance, as applicable.
  1. In Section V, provide the following information:
  • Updated traffic information required in 40 CFR 270.14. 
  • Ensure that all engineering and geology reports, drawings, and calculations are properly sealed.
  • Revisions to the facility’s engineering or geology reports, drawings, or calculations must be sealed, signed, and dated by a Texas Professional Engineer (P.E.) or a Texas Professional Geoscientist (P.G.), as applicable.  These revisions may be submitted as a stand-alone Texas P.E. or P.G sealed, signed, and dated addendum to the original report or incorporated into the original report.  If the revisions are incorporated into the original report, the entire report must be sealed, signed, and dated by a Texas P.E. or P.G., as applicable.  
  • If no revisions are requested to the facility’s engineering or geology reports, copies of the original documents, incorporated into the current permit, may be submitted in the permit renewal application.
  1. In Section VIII, include updated Financial Assurance and Financial Capability.
  2. In Sections IX and XI (as applicable), include the following information:
  • Copies of any closure and corrective action No Further Action (NFA) approvals
  • Up-to-date Solid Waste Management Units and Facility Unit checklist

Please contact us if you have any questions regarding your renewal application by calling 512-239-2335 or email ihwper@tceq.texas.gov

Rule Projects

Coal Combustion Residual Rule (CCR)

The proposed CCR rule (rule project number 2017-037-352-WS) was approved by the commissioners to be published in the Texas Register December 13, 2019, beginning the public comment period. A public hearing will be held January 9, 2020 in Austin, and the public comment period will end January 21, 2020. For additional information and public comment and hearing procedures go to the TCEQ rule website. If you have any questions please refer them to Ms. Charly Fritz at charly.fritz@tceq.texas.gov

 Image of Gears with the abbreviation of letters 'CCR' for Coal Combustion Residual

RCRA Rule Packages 1 and 2

Rule Package 1:

Rule project number: 2019-085-335-WS

  • House Bill 1953
  • Vacatur of the Comparable Fuels Rule and the Gasification Rule
  • Disposal of Coal Combustion Residuals from Electric Utilities
  • Imports & Exports of Hazardous Waste
  • Safe Management of Recalled Airbags
  • State initiated revisions

RCRA Rule Package 1 will be proposed at the commissioners’ agenda December 18, 2019. If approved, the proposal will be published in the Texas Register and a public comment period and hearing will follow.

Image of pen and paper
Image of a Blue Book with the Text "Rule Book TCEQ"

Rule Package 2:

Rule project number: 2019-086-335-WS

  • Hazardous Waste Generator Rule Improvements
  • Confidentiality Determinations for Hazardous Waste Export and Import Documents
  • Hazardous Waste Electronic Manifest System User Fee
  • Revisions to the Definition of Solid Waste Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule
  • Management Standards for Hazardous Waste Pharmaceuticals
  • Foundry Sands

The TCEQ anticipates proposing RCRA Rule Package 2 at commissioners’ agenda in September of 2020. 

To follow the I&HW RCRA rule packages through the TCEQ rulemaking process, please visit the TCEQ Rules and Rulemaking page: https://www.tceq.texas.gov/rules/rules_rulemaking.html.

From this page you can sign up for email updates for all TCEQ rules, and track the official agenda milestones for the two RCRA rule packages. The rule project numbers will remain with the rule projects through adoption for tracking purposes. 

General Reminders

Including these in your report or application makes the review and approval process smoother.

Correspondence Cover Sheet

  • Complete and submit a Correspondence Cover Sheet (TCEQ-20714) with all Industrial and Hazardous Waste Permit Application and Report Submittals. Download a copy of Correspondence Cover Sheet (TCEQ-20714) from the I&HW Forms and Guidance webpage under Permit Applications.

Permit Renewal Application Call-In Notice

  • I&HW will mail Permit Renewal Application Call-In notice letters 18 months prior to permit expiration date.
  • Letter includes renewal application deadline; information on I&HW tools to help applicants; application instructions; and notice of required pre-application meeting scheduled no later than 1 year before the permit expiration date.

Preapplication Meeting

  • Schedule a preapplication meeting with I&HW staff when preparing to submit a New, Renewal, Class 3, or any complex permit application. This allows for staff and applicant to review regulatory requirements, checklists, timelines, and makes the approval process smoother. Review our Pre-application meeting checklist!

Waste Minimization Certifications

  • No longer submitted to I&HW.
  • Keep them with facility operating records (40 CFR 264.73). 
  • This does not affect the Annual Source Reduction and Waste Minimization Report (30 TAC Chapter 335 Subchapter Q). 

Permit Modification Appearance

  • Facilities will begin seeing a new modification format. It includes important permit information and a table summarizing modification history.
  • Class 1 modifications will be sent by email. Print and keep a copy in the facility permit files.


TCEQ Core Data Form (TCEQ-10400)

For all incoming New, Renewal, Class 3 Permit Modification, and Major Amendment applications, the TCEQ requires that a Core Data Form (CDF) be submitted whether or not a change has occurred in the previously submitted form. 

For Minor Amendment, Class 1, Class 11, and Class 2 Permit Modification applications, the TCEQ requires that the CDF be only submitted if a change in any information in the previously submitted form has occurred at the time of the application submittal. 

For more information regarding the Core Data Form, call 512-239-1575 or go to the TCEQ Web site at http://www.tceq.texas.gov/permitting/central_registry/guidance.html

Fee Monthly Summary and
Payment Report Forms

Facility fee forms were recently revised to include automated calculation fields and updated instructions. These forms should accompany your monthly payment(s) for Commercial Hazardous Waste Management Fees (Form No. TCEQ-20543), Commercial Class 1 Non-Hazardous Waste Management Fees (Form No. TCEQ-20542), and Non-Commercial Hazardous Waste Management Fees (Form No. TCEQ-20544). The forms are available on the Industrial and Hazardous Waste Forms and Guidance webpage or by clicking on the form numbers above.

Do you think you have a Class 2 modification?

Contact I&HW staff to schedule a meeting, or discuss a potential application for Class 2 modification.

Class 2 modifications are explicit in rules and requirements.

Information on applying for a Class 2 modification to an existing Industrial and Hazardous Waste Permit can be found on the Class 2 Modification webpage.

You can help us improve our processes!

To improve our permitting processes, we want to better understand your hazardous waste permitting challenges. We value and appreciate your input.

Please let us know your thoughts by completing a survey.

Need to catch up? Missed a bulletin? 

We heard your needs through our survey and have responded. Now you can view previous Industrial and Hazardous Waste Highlight Bulletins on our webpage.

Part B Application with Screening tool

To help applicants streamline application and material preparation, the I&HW staff has developed a screening tool. We are seeking public comments on the draft application. Submit comments to by January 17, 2020 to IHWFixItApp@tceq.texas.gov

The Part B Application with Screening Tool will help create an application format and ensure that all relevant application materials are submitted. It is a PDF document that includes screening questions. Answering the screening questions customizes the application for each facility by indicating which sections of the application must be completed and which are not required (marked as reserved). Download a copy from the Industrial and Hazardous Waste Forms and Guidance webpage! We appreciate your feedback.