Section 318.6 - Amendment of a Permit(a) Amendments generally. A change in a term, condition, or provision of a permit requires an amendment, except corrections to permits under subsection (c)(2)(A) of this section and permit transfers under § 318.8 of this title (relating to Other Permit Actions). (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 § 318.3 of this title (relating to Application Requirements). The application shall include a statement describing the reason for the requested changes. (c) Types of amendments. (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 treated marine seawater or wastewater if there is neither a significant increase of the quantity of treated marine seawater or wastewater to be discharged nor a material change in the pattern or place of discharge. 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) correcting typographical errors; (B) 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; (C) requiring more frequent monitoring or reporting by the permittee; (D) changing the construction schedule for a discharger. No such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation before discharge; and (E) deleting an outfall when the discharge from that outfall is terminated and does not change the discharge from other outfalls except within permit limits. (d) Good cause for amendments. If good cause exists, the executive director may initiate and the commission may order a major amendment, minor amendment, 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) there are 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; or (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. (e) Amendment initiated by the executive director. If the executive director determines to amend a permit, notice of the determination stating the reason for the amendment and a copy of a proposed amendment draft shall be mailed, by United States Postal Service or electronic mail, to the permittee at the last address of record with the commission. (f) 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. (g) Amendment application with renewal. An application for a major amendment to a permit may include a request for a renewal of the permit.30 Tex. Admin. Code § 318.6
Adopted by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9579, eff. 12/8/2016