Part I.
Texas Natural Resource Conservation Commission
Chapter 305.
Consolidated Permits
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to §§305.2, 305.69, 305.125, 305.172, 305.174, 305.401
305.572, and 305.573, concerning Consolidated Permits.
EXPLANATION OF PROPOSED RULES The purposes of the proposed amendments are
to revise the state rules to conform to certain federal regulations regarding
public participation and permit modification procedures; to correct and reformat
cross-references; to revise certain permit modification rules to clarify responsibilities
and authority in the area of Class 2 modification requests; and to add public
notice requirements for temporary authorizations. The proposed rules are intended,
in part, to provide earlier opportunities for public involvement and expand
public access to information throughout the permitting process and the operational
lives of certain hazardous waste management facilities. The conforming changes
are needed to establish equivalency with federal regulations and will enable
the State of Texas to retain authorization to operate aspects of the federal
hazardous waste program in lieu of the United States Environmental Protection
Agency (EPA). The federal regulations to which the proposed public participation
rules are being conformed were promulgated by EPA on December 11, 1995, at
60 FedReg 63417, and are found at 40 Code of Federal Regulations (CFR) Part
270, Subpart C, which relates to permit conditions, and Subpart F, which relates
to special forms of permits. The federal regulations to which the proposed
permit modification rules are being conformed were promulgated by EPA on June
19, 1998, at 63 FedReg 33782. These regulations concern hazardous waste combustor
facility permits and are found at 40 CFR §270.42, which relates to permit
modification at the request of the permittee.
Proposed §305.2 relates to definitions, and contains a proposed change
which would conform the definition of "facility mailing list" to the definition
in the federal regulations at 40 CFR §270.2 promulgated on December 11,
1995, at 60 FedReg 63417, while referencing §39.7 of the commission's
rules relating to mailing lists, and retaining the existing meaning of the
definition as it applies to Class I injection well underground injection control
(UIC) permits. The proposed definition of "facility mailing list" at §305.2(17)
is "The mailing list for a facility maintained by the commission in accordance
with 40 Code of Federal Regulations (CFR) §124.10(c)(1)(ix) and §39.7
of this title (relating to Public Notice). For Class I injection well UIC
permits, the mailing list also includes the agencies described in 40 CFR §124.10(c)(1)(viii)."
Section 305.2 is also proposed to be changed to add the numbers (1)-(49) identifying
each paragraph. Paragraphs (22) and (23) are proposed to be amended by changing
"NODES" to "NPDES" as typographical corrections.
Proposed §305.69 contains corrections to and reformatting of cross-references,
changes to reflect executive director and commission authority and responsibilities
in the area of Class 2 modifications, and the addition of a permit modification
procedure for technology changes needed to meet standards under 40 CFR Part
63, Subpart EEE, concerning national emission standards for hazardous air
pollutants from hazardous waste combustors. Section 305.69(b)(1)(A) is proposed
to be amended to remove a reference to §305.46, relating to designation
of material as confidential, and replace it with a reference to §1.5(d)
of the commission's procedural rules, relating to records of the agency, as
part of the commission's ongoing regulatory reform effort. This effort includes
placing the requirements of §305.46 under §1.5(d), followed by the
repeal of the redundant §305.46. Therefore, it is more appropriate for
the purposes of this proposal to reference §1.5(d), rather than §305.46.
Other proposed amendments to §305.69(b)(1)(A) would change the formatting
of cross-references by adding descriptions of every referenced section, where
sections within a subchapter are referenced, and by substituting the names
of the subchapters for the specific section numbers, where entire subchapters
are identified in the existing rule by the section numbers. For example, §§305.41-305.45
and 305.47-305.53 are identified by the titles of the respective sections.
Also, "Subchapter I of this chapter" is proposed to be added and "and §§305.171-305.174
of this title" is proposed to be deleted, and "Subchapter J of this chapter"
is proposed to be added and "§§305.181-305.184 of this title" is
proposed to be deleted. Sections 305.69(b)(1)(B) and 305.69(c)(2) are proposed
to be amended to correct the cross-references to §305.103(b), relating
to notice by mail. Since this rule relating to notice by mail is now under
§39.13, the correct reference is proposed by adding "§39.13 of this
title (relating to Mailed Notice)" and deleting "§305.103(b) of this
title (relating to Notice by Mail)." Section 305.69(b)(1)(B) is also proposed
to be amended by correcting "person" to "persons." Section 305.69(c)(1)(D)
is proposed to be amended to remove a reference to §305.46 and replace
it with a reference to §1.5(d), as explained earlier in this preamble
concerning the proposed changes to §305.69(b)(1)(A). Other proposed amendments
to §305.69(c)(1)(D) would change the formatting of cross-references to
§§305.41-305.45, 305.47-305.53, 305.171-305.174, and 305.181-305.184,
as explained earlier in this preamble concerning the proposed changes to §305.69(b)(1)(A).
Section 305.69(c)(2) is also proposed to be amended by substituting "executive
director" for "commission" in the last full sentence of this paragraph, so
that the proposed rule states that the permittee must provide to the executive
director evidence of the mailing and publication of the notice of the modification
request, rather than providing this evidence to the commission. Section 305.69(c)(6)-(7)
is proposed to be amended to reflect executive director and commission authority
and responsibilities for responses to Class 2 modification requests. Under §305.69(c)(6),
the term "the commission must" is proposed to be deleted because the authority
and responsibilities of the executive director and the commission are proposed
to be spelled out under subparagraphs (A) through (E). Also under §305.69(c)(6),
the phrase "subparagraphs (A), (B), (C), (D), or (E) of this paragraph must
be met," is proposed to be added to refer to the actions which must be taken
within 90 days after receipt of the modification request. Then, the phrase
"subject to §50.33 of this title (relating to Executive Director Action
on Application)" is proposed to be added to reference the rule concerning
executive director authority to act on certain applications. Under §50.33(a),
the executive director may act on an application subject to Chapter 50, Subchapter
C, including permit modifications under §305.69, if (1) public notice
has been issued as required by law and commission rules; (2) the application
meets all relevant statutory and administrative criteria; (3) the application
does not raise new issues that require the interpretation of commission policy;
(4) the executive director's staff and public interest counsel do not raise
objections; and (5) the application is uncontested because no timely hearing
requests are filed with the chief clerk, the applicant and the persons who
filed timely requests have agreed in writing to the action to be taken by
the executive director, or any timely requests have been withdrawn in writing
or have been denied. Section 50.33(b) covers public notice and comment, while
§50.33(c) states that if an application does not meet the requirements
of §50.33(a), the executive director shall refer the application to the
chief clerk who shall schedule the application for consideration and action
by the commission. Under §305.69(c)(6)(A), the term "the executive director
or the commission must" is proposed to be added to reflect that either the
executive director or the commission may approve an application for a Class
2 modification. Under §305.69(c)(6)(B), the term "the commission must"
is proposed to be added because the commission, rather than the executive
director, has the authority to deny Class 2 modification requests. Under §305.69(c)(6)(C),
the term "the commission or the executive director must" is proposed to be
added to reflect that either the commission or the executive director may
determine that a Class 2 modification request must follow the procedures for
a Class 3 modification. Under §305.69(c)(6)(D), the term "the commission
must" is proposed to be added because the commission, rather than the executive
director, has the authority to approve a Class 2 modification request as a
temporary authorization. Also under §305.69(c)(6)(D), the phrase "in
accordance with the following public notice requirements" and clauses (i)
and (ii) are proposed to be added in order to provide for public notice and
the opportunity for public hearing, in a manner similar to that provided for
temporary and emergency orders under Texas Water Code, §5.501. Thus,
under proposed §305.69(c)(6)(D)(i)-(ii), notice of a hearing on the temporary
authorization must be given at least 20 days in advance of the hearing on
the authorization, and the notice of hearing must provide that an affected
person may request an evidentiary hearing on issuance of the temporary authorization.
Under proposed §305.69(c)(6)(E), there is a clarification that the executive
director would notify the permittee of any 30-day extension for a decision,
by revising the wording to read as follows: "the executive director must notify
the permittee that the executive director or the commission will decide on
the request within the next 30 days." Under §305.69(c)(7), the term "commission"
is proposed to be deleted and "executive director" is proposed to be added
to reflect the executive director's responsibility to notify the permittee
of any 30-day extension. Also under §305.69(c)(7), the word "then" is
proposed to be added for clarity, and the term "the commission must" is proposed
to be deleted because the authority and responsibilities of the executive
director and the commission are proposed to be spelled out under subparagraphs
(A) through (D). Also, the phrase "subparagraphs (A), (B), (C), or (D) of
this paragraph must be met," is proposed to be added to refer to the actions
which must be taken within 120 days after receipt of the modification request.
Then, the phrase "subject to §50.33 of this title (relating to Executive
Director Action on Application)" is proposed to be added to reference the
rule concerning executive director authority to act on certain applications,
as explained earlier in this preamble. Under §305.69(c)(7)(A), the term
"the executive director or the commission must" is proposed to be added to
reflect that either the executive director or the commission may approve an
application for a Class 2 modification. Under §305.69(c)(7)(B), the term
"the commission must" is proposed to be added because the commission, rather
than the executive director, has the authority to deny Class 2 modification
requests. Under §305.69(c)(7)(C), the term "the commission or the executive
director must" is proposed to be added to reflect that either the commission
or the executive director may determine that a Class 2 modification request
must follow the procedures for a Class 3 modification. Under §305.69(c)(7)(D),
the term "the commission must" is proposed to be added because the commission,
rather than the executive director, has the authority to approve a Class 2
modification request as a temporary authorization. Also under §305.69(c)(7)(D),
the phrase "in accordance with the following public notice requirements" and
clauses (i) and (ii) are proposed to be added in order to provide for public
notice and the opportunity for public hearing, as discussed earlier in this
preamble under the proposed changes to §305.69(c)(6)(D). Under proposed
§305.69(c)(8), the term "executive director or the" is added just before
"commission" in the first sentence, because both the executive director and
the commission have authority and responsibilities under paragraph (7), to
which this sentence refers, as explained earlier in this preamble. Also under
proposed §305.69(c)(8), the formatting of the cross-reference to §§335.111-335.127
is changed to reference Chapter 335, Subchapter E. With regard to actions
being taken on any modification request during the term of a temporary or
automatic authorization issued under paragraph (6) or (7) which effectively
cancel such authorization, the following amendments are proposed under §305.69(c)(8).
Because it is appropriate for the commission and not the executive director
to take an action which cancels a previous commission action, it is proposed
that, if the commission approves or denies the modification request during
the term of any temporary authorization issued under paragraph (6) or (7),
then such action cancels the temporary authorization. This means that the
executive director is not allowed under this proposal to approve a modification
request for which a temporary authorization exists. With regard to denials,
as discussed earlier in this preamble, the executive director is not allowed
to deny Class 2 modification requests at all. The following sentence is proposed
to be added to make the commission's authority clear, in this regard: "The
commission is the sole authority for approving or denying the modification
request during the term of the temporary authorization." On the other hand,
it is proposed that automatic authorizations are canceled whenever the executive
director or the commission approves the modification request during the term
of the automatic authorization. Furthermore, since the commission and not
the executive director has the authority to deny permit modification requests,
it is proposed that if the commission denies the modification request during
the term of the automatic authorization, then such action cancels the automatic
authorization. The practical effect of such cancellations would be as follows.
If the modification request is approved during the term of the temporary or
automatic authorization, then the permittee must comply with the permit modification
rather than the temporary or automatic authorization. If the modification
request is denied during the term of the temporary or automatic authorization,
then the permittee is no longer authorized to conduct the activities authorized
under the temporary or automatic authorization, and must comply with the permit.
Under proposed §§305.69(c)(9) and 305.69(c)(9)(B), the term "executive
director or the" is added just before "commission" because both the executive
director and the commission have authority and responsibilities in approving
a Class 2 modification request, under §50.33, as discussed previously
in this preamble. Another proposed change under §305.69(c)(9) is the
correction of the cross-reference to §305.103(b), relating to notice
by mail, by changing it to §39.13, as explained earlier in this preamble.
Under proposed §305.69(c)(11), the term "executive director or the" is
added just before "commission" because both the executive director and the
commission have authority and responsibilities in approving, denying, or reclassifying
a Class 2 modification request as Class 3, as explained earlier. Also under
proposed §305.69(c)(11), "Chapter 335, Subchapter E" is substituted for
the specific citation of its sections. Under proposed §305.69(c)(12),
the term "executive director or the" is added just before "commission" because,
under this proposal, both the executive director and the commission have authority
and responsibilities in the portions of the rules to which paragraph (12)
is referring. Section 305.69(c)(12) is also proposed to be amended by correcting
the cross-reference to subsection (e) by changing it to subsection (f), which
relates to temporary authorizations. Section 305.69(c)(14) is proposed to
be amended to spell out that the executive director as well as the commission
may change the terms of a Class 2 permit modification request under paragraphs
(6) through (8), for any of the reasons spelled out under §305.69(c)(14)(A)-(C),
which remain unchanged in this proposal, except for a formatting change under
§305.69(c)(14)(B). Also under §305.69(c)(14), the commission proposes
not to change the meaning of the existing rule with regard to denials of Class
2 permit modification requests, since the commission does not share authority
with the executive director for such denials, as discussed earlier in this
preamble. Thus, §305.69(c)(14) is proposed to read as follows: "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." Under proposed §305.69(c)(14)(B),
the aforementioned formatting change is the substitution of "Chapter 335,
Subchapter F" for "§§335.151-335.179." Section 305.69(d)(1)(D) is
proposed to be amended to remove a reference to §305.46 and replace it
with a reference to §1.5(d), as explained earlier in this preamble. Other
proposed amendments to §305.69(d)(1)(D) would change the formatting of
cross-references to §§305.41-305.45, 305.47-305.53, 305.171- 305.174,
305.181-305.184, and 305.571-305.573 as explained earlier in this preamble.
Section 305.69(d)(2) is proposed to be amended to correct the cross-reference
to §305.103(b), relating to notice by mail, by changing it to §39.13,
as explained earlier. Section 305.69(d)(2) is also proposed to be amended
by substituting "executive director" for "commission" in the last full sentence
of this paragraph, so that the proposed rule states that the permittee must
provide to the executive director evidence of the mailing and publication
of the notice of the modification request, rather than providing this evidence
to the commission. Section 305.69(d)(2)(A) is proposed to be amended to correct
the cross-reference to §305.100(a), relating to notice of application.
Since this rule relating to notice of application is now under §39.11,
the correct reference is proposed by adding 9.11 of this title (relating to
Text of Mailed Notice)" and deleting "§305.100(a) of this title (relating
Notice of Application)." Section 305.69(d)(6) is proposed to be amended to
correct the cross- reference to §§305.91-305.106, relating to actions,
notice, and hearing. Since §§305.91-305.106 have been rewritten
and adopted under 30 TAC Chapters 39, 50, and 55, the correct reference is
proposed by adding "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)"
and deleting "§§305.91-305.106 of this title (relating to Actions,
Notice, and Hearing)." Under §305.69(f)(1), it is proposed that the phrase
"without prior public notice and comment" be deleted, and the phrase "and
in accordance with the following public notice requirements" be added along
with new subparagraphs (A) and (B) in order to provide for public notice and
the opportunity for public hearing, as discussed earlier in this preamble.
Section 305.69(f)(3)(C) is proposed to be amended by adding a reference to
the applicable hazardous waste management facility permitting standards of
Chapter 335, Subchapter F, in order to ensure that compliance with appropriate
state rules is shown in each request for temporary authorization. Section
305.69(f)(4) is proposed to be amended in the first sentence to correct the
cross-reference to §305.103, relating to notice by mail, by changing
it to §39.13, as explained earlier. Section 305.69(f)(5)(A) is proposed
to be amended by adding a reference to the applicable hazardous waste management
facility permitting standards of Chapter 335, Subchapter F, in order to ensure
that compliance with appropriate state rules is a condition for the issuance
of each temporary authorization. Likewise, §305.69(f)(5)(B)(ii) is proposed
to be amended by adding a reference to the applicable hazardous waste land
disposal restrictions of Chapter 335, Subchapter O, in order to ensure that
compliance with appropriate state rules is a condition for the issuance of
each temporary authorization. Section 305.69(g)(1) is proposed to be amended
to correct the cross-reference to §305.103(b), relating to notice by
mail, by changing it to §39.13, as explained earlier. Under §305.69(g)(2),
the phrase "executive director's or the" is proposed to be added just before
"commission's decision to grant or deny a Class 3 permit modification request"
because, under §50.33(a), the executive director has certain authority
to grant such applications, while under §50.33(c), the executive director
is required to refer applications that do not meet the requirements of §50.33(a)
to the chief clerk for consideration and action by the commission. Also under
§305.69(g)(2), the phrase "in the commission's rules and" is proposed
to be added just before "in the Administrative Procedure Act," in order to
encompass applicable requirements for appealing an executive director or commission
decision. Section 305.69(h)(1)(C) is proposed to be amended by adding references
to the applicable hazardous waste management facility interim standards of
Chapter 335, Subchapter E, and the applicable standards for the management
of specific wastes and types of facilities under Divisions 1 through 4 of
Subchapter H, in order to ensure that substantial compliance with appropriate
state rules is a condition for permittees to be authorized to continue management
of newly regulated wastes or management of hazardous waste in newly regulated
units. Section 305.69(h)(1)(E) is proposed to be amended by adding reference
to the applicable groundwater monitoring and financial responsibility standards
of Chapter 335, Subchapter E, in order to ensure that the permittee certifies
that each land disposal unit is in compliance with appropriate state and federal
rules as a condition for the permittee to be authorized to continue management
of newly regulated wastes or management of hazardous waste in newly regulated
units. Section 305.69(i) is proposed to be amended to conform to the federal
regulations promulgated June 19, 1998, at 63 FedReg 33782, to add a permit
modification procedure involving combustion facility changes to meet Title
40 CFR Part 63, Maximum Achievable Control Technology (MACT) standards. Under
proposed §305.69(i)(1)-(2), certain procedures would apply to hazardous
waste combustion facility permit modifications, including compliance with
the Notification of Intent to Comply requirements of 40 CFR §63.1211
and that, if the executive director does not approve or deny the request within
90 days, with a one-time 30-day extension by the executive director allowed,
then the request is deemed to be approved. Under proposed §305.69(j),
the term "industrial and hazardous" is proposed to be added just before "solid
waste permit modification" for clarity. Also, in the title for Figure 1, it
is proposed that "§305.69(i)" be changed to "§305.69(j)" to match
the correct subsection, since this figure has been shifted from subsection
(i) to subsection (j). Appendix I is proposed to be amended under sections
F.2. and G.1. to add the following phrases for clarity: "Modification of container
units, as follows," and "Modification or addition of tank units or treatment
processes, as follows," respectively. Appendix I is also proposed to be amended
under section L.9. to incorporate as a Class 1
1
permit modification those technology changes needed to meet standards under
40 CFR Part 63, Subpart EEE, concerning national emission standards for hazardous
air pollutants from hazardous waste combustors, provided the procedures of
§305.69(i) are followed.
Proposed §305.125 relates to standard permit conditions, and contains
proposed changes which would conform the commission rules to federal regulations
promulgated on December 11, 1995, at 60 FedReg 63417. Proposed §305.125(21)
contains an additional standard permit condition for hazardous waste management
facility permits that would allow the executive director to require a permittee
to establish and maintain an information repository at any time, based on
the factors set forth in 40 CFR §124.33(b), as amended through December
11, 1995, at 60 FedReg 63417. These factors include the level of public interest,
the type of facility, the presence of an existing repository, and the proximity
to the nearest copy of the administrative record. The information repository
would be governed by the provisions in 40 CFR §124.33(c)-(f), as amended
through December 11, 1995, at 60 FedReg 63417. These provisions include that
the repository would have to contain all documents, reports, data, and information
deemed necessary by the executive director to fulfill the purposes for which
the repository is established; that the repository would be located and maintained
at a site chosen by the facility, but that the executive director could specify
a more appropriate site; that the executive director would specify requirements
for informing the public about the information repository, including at a
minimum written notice to all individuals on the facility mailing list; that
the facility owner/operator would be responsible for maintaining and updating
the repository with appropriate information throughout a time period specified
by the executive director; and that the executive director could close the
repository at his or her discretion based on factors including the level of
public interest, the type of facility, the presence of an existing repository,
and the proximity to the nearest copy of the administrative record.
Proposed §305.172 relates to determining feasibility of compliance
and adequate operating conditions for new hazardous waste incinerators, and
contains proposed changes which would conform the commission rules to federal
regulations promulgated on December 11, 1995, at 60 FedReg 63417. Proposed
§305.172(6) is a conforming change to reflect the federal regulation
at 40 CFR §270.62(b)(6), requiring the chief clerk to send notice announcing
the scheduled beginning and completion dates for the trial burn, and stating
that the applicant may not commence the trial burn until after the chief clerk
has issued such notice. The requirements of 40 CFR §270.62(b)(6)(i) and
(ii), concerning timing and content of the notice, would have to be met under
this proposal. The notice would have to be mailed within a reasonable time
period before the scheduled trial burn, but an additional notice would not
be required if the trial burn were to be delayed due to circumstances beyond
the control of the facility or the commission. The notice would have to contain
the name and telephone number of the applicant's contact person and of the
commission's contact office, the location where the approved trial burn plan
and any supporting documents could be reviewed and copied, and an expected
time period for commencement and completion of the trial burn. The notice
would be required for all initial trial burns and all other trial burns, except
those that are to be conducted within 180 days after permit modification covering
the trial burn, basically because the permit modification system already provides
notice. The commission believes that requiring another notice within six months
after the permit modification would be unnecessarily duplicative. The commission
also believes that this interpretation that the public notice requirement
for trial burns should not apply to those conducted within 180 days after
permit modification fairly and reasonably reflects the intent of the federal
promulgation which, at 60 FedReg 63427, states the following: "It is EPA's
intent that the trial burn notice requirements in §270.62(b)(6) and §270.66(d)(3)
apply only to initial trial burns, and not to subsequent trial burns that
may be conducted as part of the permit modification procedures. EPA believes
that the trial burn notices required by today's rule are not necessary in
these latter circumstances, since the amount of time between modification
approval and the subsequent trial burn is typically much shorter than the
amount of time that may elapse between permit issuance and the initial trial
burn. Moreover, the modification procedures in §270.42 include provisions
for involving the public throughout the modification submittal and approval
process (e.g., through notices or public meetings). Of course, if there are
substantial unforeseen delays between the approval of the modification request
and the trial burn, EPA suggests that the permitting agency issue a notice
in accordance with the procedures set forth in today's rule." The proposed
notice requirement would apply to initial trial burns, trial burns involving
permit amendment, and trial burns required by the permit which do not involve
modification of the permit, if these trial burns are not conducted within
180 days after permit modification covering the trial burn. Since the clear
intent of the federal regulations is to provide public notice for trial burns
unless a public notice has been provided within a reasonable period of time
prior to the trial burn, the commission believes that this proposal would
implement the requirements of the federal regulation in a fair and reasonable
fashion, and that other commission permit-related factors have been appropriately
considered and addressed in this proposal. Section 305.172(6), (7), (8), (9),
and (10) is proposed to be renumbered to §305.172(7), (8), (9), (10),
and (11) to account for the insertion of proposed §305.172(6). Under
proposed §305.172(8), the internal cross-reference to paragraph (6) is
proposed to be corrected to paragraph (7).
Under proposed §305.172(11), the following phrase is proposed to be
added: "or the executive director, as appropriate, subject to §50.33
of this title (relating to Executive Director Action on Application)," since
the executive director has certain authority in the areas of permit modification
and amendment approvals.
Proposed §305.174 relates to determining feasibility of compliance
and adequate operating conditions for existing hazardous waste incinerators,
and contains proposed changes which would conform the commission rules to
federal regulations promulgated on December 11, 1995, at 60 FedReg 63417.
Proposed §305.174 adds "(CFR)" after the first instance of the term "Code
of Federal Regulations" and substitutes "CFR" for the second instance of the
term "Code of Federal Regulations." The cross-reference to §§305.172(2)-(9)
is proposed to be corrected to §§305.172(2)-(5) and (7)-(10), because
reference to paragraph (6) concerning trial burn notice requirements is not
appropriate in the context of the sentence, as notice requirements do not
involve the preparation, submittal, or performance of trial burns. Proposed
§305.174 also contains added language to conform to 40 CFR §270.62(d),
relating to requirements to provide notice of the executive director's intention
to approve the trial burn, in accordance with the timing and distribution
requirements of §305.172(6), discussed earlier in this preamble. This
proposal would require the content of the notice to include: the name and
telephone number of a contact person at the facility; the name and telephone
number of a contact office at the permitting agency; the location where the
trial burn plan and any supporting documents can be reviewed and copied; and
a schedule of the activities that are required prior to permit issuance, including
the anticipated time schedule for approval of the plan and the time period
during which the trial burn would be conducted.
Proposed §305.401 relates to compliance plan. Under §305.401(b),
it is proposed to correct the references of the rules pertaining to compliance
plan applications, notice, and hearing by adding references to the following
sections: §39.3, relating to purpose; §39.5, relating to general
provisions; §39.7, relating to mailing lists; §39.11, relating to
text of public notice; §39.13, relating to mailed notice; §39.17,
relating to notice of minor amendment; §39.21, relating to notice of
commission meeting to evaluate a hearing request on an application; §39.23,
relating to notice of hearing held by the State Office of Administrative Hearings,
including hearing on hearing requests; §39.25, relating to notice of
contested enforcement case hearing; §39.103, relating to application
for industrial or hazardous waste facility permit; §39.105, relating
to application for a Class 1 modification of an industrial solid waste, hazardous
waste, or municipal solid waste permit; §39.107, relating to application
for a Class 2 modification of an industrial or hazardous waste permit; §39.109,
relating to application for a Class 3 modification of an industrial or hazardous
waste permit; §50.13, relating to action on application; §50.15,
relating to scope of proceedings; §50.17, relating to commission actions;
§55.21, relating to requests for contested case hearings, public comment;
§305.43, relating to who applies; §305.53, relating to application
fees; and by deleting the references to the following sections: §305.92,
relating to action on applications; §305.93, relating to action on application
for permit; §305.96, relating to action on application for amendment;
and §305.98 through §305.105, relating to scope of proceedings,
commission action, notice of application, notice of hearing, notice by publication,
notice by mail, radio broadcasts, and request for public hearing. The locations
of the references to §305.43, relating to who applies and §305.53,
relating to application fees, are rearranged within this proposed section
to be in numerical order.
Proposed §305.572 relates to permit and trial burn requirements for
new hazardous waste boilers and industrial furnaces, and contains proposed
changes which would conform the commission rules to federal regulations promulgated
on December 11, 1995, at 60 FedReg 63417. Proposed §305.572(a) would
adopt by reference certain regulations contained in 40 CFR Part 270, including
the aforementioned December 11, 1995, promulgation. Under proposed §305.572(a)(3),
40 CFR §270.66(d) would be adopted by reference, except §270.66(d)(3).
This exception is the regulation included in the promulgation of December
11, 1995, and it is not adopted by reference because it must be rewritten
in state rule language because of differences between the state and federal
regulations in the manner of referencing the persons who would receive the
notice. Consequently, the commission rule corresponding to the federal regulation
is proposed to be added to the commission rules under §305.572(b), which
contains proposed requirements for the chief clerk to send notice to the state
senator and representative who represent the area in which the facility is
or will be located, and to the persons listed in §39.13, relating to
mailed notice, announcing the scheduled commencement and completion dates
for the trial burn. Proposed §305.572(b) also states that the notice
must meet the requirements of 40 CFR §270.66(d)(3)(i)-(ii), and that
the applicant may not commence the trial burn until the chief clerk has issued
such notice. 40 CFR §270.66(d)(3)(i)-(ii) requires that the notice be
mailed within a reasonable time period before the trial burn, but that additional
notice is not required if the trial burn is delayed due to circumstances beyond
the control of the facility or the permitting agency, and that the notice
contain the name and telephone number of the applicant's contact person and
of the commission's contact office, the location where the approved trial
burn plan and any supporting documents could be reviewed and copied, and an
expected time period for commencement and completion of the trial burn. The
notice would be required for all initial trial burns and all other trial burns,
except those that are to be conducted within 180 days after permit modification
covering the trial burn, basically because the permit modification system
already provides notice. The commission believes that requiring another notice
within six months after the permit modification would be unnecessarily duplicative.
The commission also believes that this interpretation that the public notice
requirement for trial burns should not apply to those conducted within 180
days after permit modification fairly and reasonably reflects the intent of
the federal promulgation, as discussed earlier in this preamble under the
section describing proposed amendments to §305.172. The proposed notice
requirement would apply to the following types of trial burns not conducted
within 180 days after permit modification covering the trial burn: initial
trial burns, trial burns involving permit amendment, and trial burns required
by the permit which do not involve modification of the permit. The reason
trial burns involving permit amendment are included is because there is no
comparable public notice requirement for permit amendments, and the federal
regulations do not provide for permit amendments, relying instead on the permit
modification system. Since the clear intent of the federal regulations is
to provide public notice for trial burns unless a public notice has been provided
within a reasonable period of time prior to the trial burn, the commission
believes that this proposal would implement the requirements of the federal
regulation in a fair and reasonable fashion, and that other commission permit-related
factors have been appropriately considered and addressed in this proposal.
Proposed §305.573 relates to determining feasibility of compliance
and adequate operating conditions for existing boilers and industrial furnaces
burning hazardous waste, and contains proposed changes which would conform
the commission rules to federal regulations promulgated on December 11, 1995,
at 60 FedReg 63417. Proposed §305.573(a) contains added language to conform
to 40 CFR §270.66(g), relating to requirements to provide notice of the
executive director's intention to approve the trial burn, in accordance with
the timing and distribution requirements of §305.572(b), discussed earlier
in this preamble. This proposal would require the content of the notice to
include: the name and telephone number of a contact person at the facility;
the name and telephone number of a contact office at the permitting agency;
the location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required prior
to permit issuance, including the anticipated time schedule for approval of
the plan and the time period during which the trial burn would be conducted.
FISCAL NOTE Jeffrey Horvath, Strategic Planning and Appropriations Division,
has determined that for the first five- year period the sections as proposed
are in effect, there will be no significant fiscal implications for state
or local government as a result of administration or enforcement of the sections.
The fiscal implications for affected facilities are also considered to be
insignificant in relation to the costs of operating and maintaining such facilities,
estimated by EPA to be approximately $5,000 to $14,000 total cost per facility
(see 60 FedReg 63429).
SMALL BUSINESS ANALYSIS The rulemaking deals with enhanced public participation
and notice requirements which involve public access to information and notice
as it applies to certain industrial and hazardous waste management facilities.
Texas Government Code Chapter 2006 requires the commission to consider the
cost of complying with rules enacted under the commission's rulemaking power
and any adverse effect the rulemaking has on small businesses. The relative
cost to small businesses to comply with this rulemaking may be greater than
the cost required for large businesses in the same trade, based on the cost
per employee, hour of labor, or each $100.00 of sales. The proposed rulemaking
imposes requirements that consist of certain permit modification procedures
and other requirements relating to maintenance of an information repository,
estimated by the EPA to be no more than approximately $5,000 to $14,000 total
cost per facility. The requirements of this rulemaking do not vary according
to the size of the business, but the relative cost to a small business will
be more than that for a large business because the expense of complying will
be distributed over a smaller number of employees, fewer hours, or fewer dollars
in sales.
Section 2006.002 of the Government Code requires an agency considering
adoption of a rule that would have an adverse economic effect on small business
to reduce the effect of the rule if doing so is legal and feasible considering
the purpose of the statute under which the rule is to be adopted. The portion
of the proposed rulemaking which could have such an adverse effect is required
to establish equivalency with federal regulations thereby enabling the State
of Texas to retain authorization to operate certain aspects of the federal
hazardous waste program in lieu of the EPA. While the adoption of the proposed
rules may have a relative adverse economic effect on certain businesses, including
small businesses, the commission is unable to reduce the effect of the rule
because the requirements of the rulemaking are mandated by federal law.
PUBLIC BENEFIT Mr. Horvath has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be to
provide earlier opportunities for public involvement in the hazardous waste
permitting process, to expand public access to information throughout the
permitting process and the operational lives of certain hazardous waste management
facilities, and to provide enhanced consistency between federal and state
waste regulatory requirements. The proposed amendments generally incorporate
existing federal regulations and clarify certain state rules. There are no
significant economic costs anticipated to any person, including any small
business, required to comply with the sections as proposed.
DRAFT REGULATORY IMPACT ANALYSIS The commission has reviewed the proposed
rulemaking in light of the regulatory analysis requirements of Texas Government
Code, §2001.0225, and has determined that the rulemaking is not subject
to §2001.0225 because it does not meet the definition of a "major environmental
rule" as defined in the act. "Major environmental rule" means a rule the specific
intent of which is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs, the
environment, or the public health and safety of the state or a sector of the
state. This rule is not proposed with the specific intent of protecting the
environment or reducing risks to human health or the environment. The specific
intent of the rule is to provide earlier opportunities for public involvement
with regard to authorization of certain hazardous waste management activities;
expand public access to information throughout the permitting process and
the operational lives of certain hazardous waste management facilities; revise
the permit modification rules to add a permit modification procedure and to
clarify responsibilities and authority in the area of Class 2 modification
requests; and correct and reformat cross-references. In addition, the rulemaking
is not a major environmental rule because it will not adversely affect in
a material way the aforementioned aspects of the state because the rule simply
updates the state's hazardous waste regulations by revising the rules to conform
to certain federal hazardous waste regulations, adds enhanced public participation
and permit modification procedures to Chapter 305, and corrects cross-references
in the rules. The rulemaking, in part, is specifically required by federal
law because states such as Texas that are authorized to administer and enforce
the RCRA program in lieu of EPA under §3006 of RCRA are required to modify
their programs by adopting equivalent requirements, as necessary. See 40 CFR
§271.21(e). The delegation agreement between the commission and EPA expressly
requires the commission to maintain RCRA authorization. Any other portions
of the proposal which clarify or modify state rules, such as the clarification
of authority and responsibilities of the commission and the executive director
and adding public notice requirements for temporary authorizations, though
not specifically required by the delegation agreement, do not exceed the delegation
agreement. Finally, this rulemaking is not being proposed or adopted on an
emergency basis to protect the environment or to reduce risks to human health
from environmental exposure.
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated §2007.043.
The following is a summary of that assessment. The specific purposes of the
proposed rules are to ensure that Texas' state hazardous waste rules are equivalent
to the federal regulations after which they are patterned, thus enabling the
state to retain authorization to operate its own hazardous waste program in
lieu of the corresponding federal program, to correct and reformat cross-references,
to revise certain permit modification rules to clarify responsibilities and
authority in the area of Class 2 modification requests, and add public notice
requirements for temporary authorizations. The proposed rules will substantially
advance this stated purpose by proposing to reference specific federal regulations
or by introducing language intended to ensure that state rules are equivalent
to the corresponding federal regulations for hazardous waste facilities; by
correcting and reformatting cross-references; by clarifying where the executive
director and the commission have authority and responsibilities in the Class
2 modification rules, and by adding public notice requirements for temporary
authorizations. Promulgation and enforcement of these rules will not affect
private real property which is the subject of the rules because the proposed
language consists of changes to cross-references, clarification of authority
and responsibilities of the commission and the executive director, public
notice requirements for temporary authorizations, and technical corrections
and updates to bring certain state hazardous waste regulations into equivalence
with more recent federal regulations, which would increase public participation,
thus providing the benefits of expanded public access to information throughout
the permitting process and the operational lives of certain hazardous waste
management facilities. These requirements would give applicants a better opportunity
to address public concerns in making decisions about the facility and in subsequent
trial burn and permitting activities. The subject regulations do not affect
a landowner's rights in private real property because this rulemaking does
not restrict or limit the owner's right to property that would otherwise exist
in the absence of the regulations. That is, a property owner may continue
to use the property for the management of hazardous waste. In other words,
since these rules merely revise public participation and notice requirements,
revise permit modification procedures, and correct and reformat cross-references,
they do not restrict the owner's right to property. Also, the following exception
to the application of Chapter 2007 of the Texas Government Code listed in
Texas Government Code, §2007.003(b) applies in part to these rules: this
action is reasonably taken to fulfill an obligation mandated by federal law.
See Title 40 CFR §271.21(e)(1), which states that as the federal hazardous
waste program changes, authorized state programs such as the commission's
hazardous waste program must be revised to remain in compliance with 40 CFR
Part 271, Subpart A.
COASTAL MANAGEMENT PROGRAM The commission has reviewed the proposed rulemaking
and found that the proposal is a rulemaking subject to the Coastal Management
Program (CMP) and must be consistent with all applicable goals and policies
of the CMP. The commission has prepared a consistency determination for the
proposed rule pursuant to 31 TAC §505.22 and has found that the proposed
rulemaking is consistent with the applicable CMP goals and policies. The following
is a summary of that determination. The CMP goals applicable to the rulemaking
are to protect, preserve, restore, and enhance the diversity, quality, quantity,
functions, and values of coastal natural resource areas (CNRAs). CMP policies
focus on construction and operation of solid waste treatment, storage, and
disposal facilities, such that new solid waste facilities and areal expansions
of existing solid waste facilities shall be sited, designed, constructed,
and operated to prevent releases of pollutants that may adversely affect CNRAs
and, at a minimum, comply with standards established under the Solid Waste
Disposal Act, 42 United States Code Annotated, §6901 et seq.
Promulgation and enforcement of this rule is consistent with the applicable
CMP goals and policies because the proposed rule amendments will update and
clarify certain permit modification rules, including clarification of authority
and responsibilities of the executive director and the commission, and update
and enhance the commission's rules concerning public participation in the
hazardous waste area by expanding public participation and notice as well
as public access to information throughout the trial burn and permitting process
for certain hazardous waste management facilities. These rules do not address
protection, preservation, restoration, or enhancement of the diversity, quality,
quantity, functions, or values of CNRAs, nor do they relate to the authorization
of construction and/or operation of solid waste treatment, storage, or disposal
facilities. Thus, the proposed rule does not violate any applicable provisions
of the CMP's stated goals and policies, because there are no applicable CMP
goals or policies that this rule could violate. The commission invites public
comment on the consistency of the proposed rule.
SUBMITTAL OF COMMENTS Written comments may be submitted by mail to Bettie
Bell, Office of Policy and Regulatory Development, MC-205, P.O. Box 13087,
Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be
received by May 17, 1999, and should reference Rule Log Number 97129-039-AD.
Comments received by 5:00 p.m. on that date will be considered by the commission
prior to any final action on the proposal. For further information, please
contact Ray Henry Austin at (512) 239-6814.
Subchapter A. General Provisions
30 TAC §305.2
STATUTORY AUTHORITY The amendment is proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendment implements the Texas Health and Safety Code, Chapter
361.
§305.2. Definitions.
The definitions contained in the Texas Water Code, §§26.001,
27.002, and 28.001, and the Texas Solid Waste Disposal Act, Texas Civil Statutes,
Article 4477-7, §2, shall apply to this chapter. The following words
and terms, when used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)-(16)
(No change.)
(17)
Facility mailing list -
The mailing list for
a facility maintained by the commission in accordance with 40 Code of Federal
Regulations (CFR) §124.10(c)(1)(ix) and §39.7 of this title (relating
to Public Notice). For Class I injection well UIC permits, the mailing list
also includes the agencies described in 40 CFR §124.10(c)(1)(viii).
[
(18)-(21)
(No change.)
(22)
National Pollutant Discharge Elimination System
(
NPDES
[
(23)
New discharger -
(A)
Any building, structure, facility, or installation:
(i)
from which there is or may be a discharge of pollutants;
(ii)
that did not commence the discharge of pollutants at
a particular site prior to August 13, 1979;
(iii)
which is not a new source; and
(iv)
which has never received a finally effective
NPDES
[
(B)
This definition includes an indirect discharger which
commences discharging into water of the United States after August 13, 1979.
It also includes any existing mobile point source (other than an offshore
or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental
drilling rig) such as a seafood processing rig, seafood processing vessel,
or aggregate plant, that begins discharging at a site for which it does not
have a permit.
(24)-(48)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901869
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
30 TAC §305.69
STATUTORY AUTHORITY The amendment is proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendment implements the Texas Health and Safety Code, Chapter
361.
§305.69. Solid Waste Permit Modification at the Request of the Permittee.
(a)
(No change.)
(b)
Class 1 modifications of solid waste permits.
(1)
Except as provided in paragraph (2) of this subsection,
the permittee may put into effect Class 1 modifications listed in Appendix
I of this subchapter under the following conditions:
(A)
the permittee must notify the executive director concerning
the modification by certified mail or other means that establish proof of
delivery within seven calendar days after the change is put into effect. This
notification must specify the changes being made to permit conditions or supporting
documents referenced by the permit and must explain why they are necessary.
Along with the notification, the permittee must provide 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
[
(B)
the permittee must send notice of the modification request
by first-class mail to all persons listed in
§39.13 (relating to
Mailed Notice)
[
(C)
(No change.)
(2)-(3)
(No change.)
(c)
Class 2 modifications of solid waste permits.
(1)
For Class 2 modifications, which are listed in Appendix
I of this subchapter, the permittee must submit a modification request to
the executive director that:
(A)-(C)
(No change.)
(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
[
(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)
[
(A)-(F)
(No change.)
(3)-(5)
(No change.)
(6)
No later than 90 days after receipt of the modification
request,
subparagraphs (A), (B), (C), (D), or (E) of this paragraph must
be met, subject to §50.33 of this title (relating to Executive Director
Action on Application), as follows
[
(A)
the executive director or the commission must
approve the modification request, with or without changes, and modify the
permit accordingly;
(B)
the commission must
deny the request;
(C)
the commission or the executive director must
determine that the modification request must follow the procedures in subsection
(d) of this section for Class 3 modifications for either of the following
reasons:
(i)-(ii)
(No change.)
(D)
the commission must
approve the modification
request, with or without changes, as a temporary authorization having a term
of up to 180 days
, in accordance with the following public notice requirements:
[
(i)
notice of a hearing on the
temporary authorization shall be given not later than the 20
th
day before the hearing on the authorization; and
(ii)
this notice of hearing shall
provide that an affected person may request an evidentiary hearing on issuance
of the temporary authorization; or
(E)
the executive director must
notify the permittee
that
the executive director or the commission
[
(7)
If the
executive director
[
(A)
the executive director or the commission must
approve the modification request, with or without changes, and modify the
permit accordingly;
(B)
the commission must
deny the request;
(C)
the commission or the executive director must
determine that the modification request must follow the procedures in subsection
(d) of this section for Class 3 modifications for either of the following
reasons:
(i)-(ii)
(No change.)
(D)
the commission must
approve the modification
request, with or without changes, as a temporary authorization having a term
of up to 180 days
, in accordance with the following public notice requirements:
[
(i)
notice of a hearing on the
temporary authorization shall be given not later than the 20th day before
the hearing on the authorization; and
(ii)
this notice of hearing shall
provide that an affected person may request an evidentiary hearing on issuance
of the temporary authorization.
(8)
If the
executive director or the
commission fails to make one of the decisions specified in paragraph
(7) of this subsection by the 120th day after receipt of the modification
request, the permittee is automatically authorized to conduct the activities
described in the modification request for up to 180 days, without formal agency
action. The authorized activities must be conducted as described in the permit
modification request and must be in compliance with all appropriate standards
of
Chapter 335, Subchapter E
[
(9)
In the case of an automatic authorization under paragraph
(8) of this subsection, or a temporary authorization under paragraph (6)(D)
or (7)(D) of this subsection, if the
executive director or the
commission has not made a final approval or denial of the modification request
by the date 50 days prior to the end of the temporary or automatic authorization,
the permittee must within seven days of that time send a notification to all
persons listed in
§39.13 of this title (relating to Mailed Notice)
[
(A)
(No change.)
(B)
unless the
executive director or the
commission
acts to give final approval or denial of the request by the end of the authorization
period, the permittee will receive authorization to conduct such activities
for the life of the permit.
(10)
(No change.)
(11)
Except as provided in paragraph (13) of this subsection,
if the
executive director or the
commission does not finally approve
or deny a modification request before the end of the automatic or temporary
authorization period or reclassify the modification as Class 3 modification,
the permittee is authorized to conduct the activities described in the permit
modification request for the life of the permit unless amended or modified
later under §305.62 of this title (relating to Amendment) or this section.
The activities authorized under this paragraph must be conducted as described
in the permit modification request and must be in compliance with all appropriate
standards of
Chapter 335, Subchapter E
[
(12)
In the processing of each Class 2 modification request
which is subsequently approved or denied by the
executive director or
the
commission in accordance with paragraph (6) or (7) of this subsection,
or each Class 2 modification request for which a temporary authorization is
issued in accordance with subsection
(f)
[
(13)
(No change.)
(14)
The commission
or the executive director
may [
(A)
(No change.)
(B)
the requested modification does not comply with the appropriate
requirements of
Subchapter F, Chapter 335
[
(C)
(No change.)
(15)
(No change.)
(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)-(C)
(No change.)
(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
[
(2)
The permittee must send a notice of the modification
request by first-class mail to all persons listed in
§39.13 (relating
to Mailed Notice)
[
(A)
all information required by
§39.11 of this title
(relating to Text of Mailed Notice
[
(B)-(G)
(No change.)
(3)-(5)
(No change.)
(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)
[
(e)
(No change.)
(f)
Temporary authorizations.
(1)
Upon request of the permittee, the commission may [
(A)
notice of a hearing on the
temporary authorization shall be given not later than the 20
th
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)-(B)
(No change.)
(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
(relating to Mailed Notice)
[
(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)
(No change.)
(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)-(v)
(No change.)
(6)
(No change.)
(g)
Public notice and appeals of permit modification decisions.
(1)
The commission shall notify all persons listed in
§39.13 (relating to Mailed Notice)
[
(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)-(B)
(No change.)
(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)
(No change.)
(E)
in the case of land disposal units, the permittee certifies
that each such unit is in compliance with all applicable [
(2)
(No change.)
(i)
Combustion facility changes to meet Title
40 Code of Federal Regulations (CFR) Part 63 Maximum Achievable Control Technology
(MACT) standards. The following procedures apply to hazardous waste combustion
facility permit modifications requested under L.9. of Appendix I of this subchapter:
(1)
Facility owners or operators must comply with
the Notification of Intent to Comply (NIC) requirements of 40 CFR §63.1211,
as amended through June 19, 1998, at 63 FedReg 33782, before a permit modification
can be requested under this section; and
(2)
If the executive director does not approve
or deny the request within 90 days of receiving it, the request shall be deemed
approved. The executive director may, at his or her discretion, extend this
90-day deadline one time for up to 30 days by notifying the facility owner
or operator.
(j)
[
Figure: 30 TAC §305.69(j)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901835
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
30 TAC §305.125
STATUTORY AUTHORITY The amendment is proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendment implements the Texas Health and Safety Code, Chapter
361.
§305.125. Standard Permit Conditions.
Conditions applicable to all permits issued under this chapter, and
which shall be incorporated into each permit expressly or by reference to
this chapter are:
(1)-(20)
(No change.)
(21)
For hazardous waste
management facility permits, the executive director may require the permittee
to establish and maintain an information repository at any time, based on
the factors set forth in 40 Code of Federal Regulations (CFR) §124.33(b),
as amended through December 11, 1995, at 60 FedReg 63417. The information
repository will be governed by the provisions in 40 CFR §124.33(c)-(f),
as amended through December 11, 1995, at 60 FedReg 63417.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901873
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
30 TAC §305.172, §305.174
STATUTORY AUTHORITY The amendments are proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendments implement Texas Health and Safety Code, Chapter
361.
§305.172. Determining Feasibility of Compliance and Adequate Operating Conditions.
For the purposes of determining feasibility of compliance with the
performance standards of 40 Code of Federal Regulations (CFR) §264.343
and of determining adequate operating conditions under 40 CFR §264.345,
the commission shall establish conditions in the permit for a new hazardous
waste incinerator, to be effective during the trial burn.
(1)-(5)
(No change.)
(6)
The chief clerk shall
send notice to the state senator and representative who represent the area
in which the facility is or will be located, and to the persons listed in
§39.13 of this title (relating to Mailed Notice) announcing the scheduled
commencement and completion dates for the trial burn. The notice shall meet
the requirements of 40 Code of Federal Regulations §270.62(b)(6)(i)-(ii),
as amended through December 11, 1995, at 60 FedReg 63417. The applicant may
not commence the trial burn until after the chief clerk has issued such notice.
This paragraph applies to initial trial burns and all other trial burns except
those that are to be conducted within 180 days after permit modification covering
the trial burn.
(7)
[
(A)
a quantitative analysis of the trial POHCs in the waste
feed to the incinerator;
(B)
a quantitative analysis of the exhaust gas for the concentration
and mass emissions of the trial POHCs, oxygen (O
2
)
and hydrogen chloride (HCl);
(C)
a quantitative analysis of the scrubber water (if any),
ash residues, and other residues, for the purpose of estimating the fate of
the trial POHCs;
(D)
a computation of destruction and removal efficiency (DRE),
in accordance with the DRE formula specified in 40 CFR §264.343(a);
(E)
if the HCl emission rate exceeds 1.8 kilograms of HCl
per hour (four pounds per hour), a computation of HCl removal efficiency in
accordance with 40 CFR §264.343(b);
(F)
a computation of particulate emissions, in accordance
with 40 CFR §264.343(c);
(G)
an identification of sources of fugitive emissions and
their means of control;
(H)
a measurement of average, maximum, and minimum temperatures
and combustion gas velocity;
(I)
a continuous measurement of carbon monoxide (CO) in the
exhaust gas; and
(J)
such other information as the executive director may specify
as necessary to ensure that the trial burn will determine the compliance with
the performance standards in 40 CFR §264.343 and to establish the operating
conditions required by 40 CFR §264.345 as necessary to meet those performance
standards.
(8)
[
(9)
[
(10)
[
(11)
[
§305.174. Existing Incinerators.
For the purposes of determining feasibility of compliance with the
performance standards of 40 Code of Federal Regulations (CFR) §264.343
and of determining adequate operating conditions under 40 CFR §264.345,
the applicant for a permit for an existing hazardous waste incinerator must
prepare and submit a trial burn plan and perform a trial burn in accordance
with 40 CFR §270.19(b) and §305.172(2)-
(5) and (7)-(10)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901836
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
30 TAC §305.401
STATUTORY AUTHORITY The amendment is proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendment implements the Texas Health and Safety Code, Chapter
361.
§305.401.Compliance Plan.
(a)
(No change.)
(b)
The following rules pertaining to application, and notice
and hearing shall be applicable in proceedings to establish the plan:
§39.3 of this title (relating to Purpose); §39.5 of this title
(relating to General Provisions); §39.7 of this title (relating to Mailing
Lists); §39.11 of this title (relating to Text of Public Notice); §39.13
of this title (relating to Mailed Notice); §39.17 of this title (relating
to Notice of Minor Amendment); §39.21 of this title (relating to Notice
of Commission Meeting to Evaluate a Hearing Request on an Application); §39.23
of this title (relating to Notice of Hearing Held by SOAH, Including Hearing
on Hearing Requests); §39.25 of this title (relating to Notice of Contested
Enforcement Case Hearing); §39.103 of this title (relating to Application
for Industrial or Hazardous Waste Facility Permit); §39.105 of this title
(relating to Application for a Class 1 Modification of an Industrial Solid
Waste, Hazardous Waste, or Municipal Solid Waste Permit); §39.107 of
this title (relating to Application for a Class 2 Modification of an Industrial
or Hazardous Waste Permit); §39.109 of this title (relating to Application
for a Class 3 Modification of an Industrial or Hazardous Waste Permit); §50.13
of this title (relating to Action on Application); §50.15 of this title
(relating to Scope of Proceedings); §50.17 of this title (relating to
Commission Actions); §55.21 of this title (relating to Requests for Contested
Case Hearings, Public Comment); Chapter 281 of this title (relating to Applications
Processing); §305.43 of this title (relating to Who Applies); §305.44
of this title (relating to Signatories to Applications); §305.47 of this
title (relating to Retention of Application Data); §305.50 of this title
(relating to Additional Requirements for an Application for a Solid Waste
Permit); §305.53 of this title (relating to Application Fees);
[
(c)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901837
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
30 TAC §305.572, §305.573
STATUTORY AUTHORITY The amendments are proposed under Texas
Water Code, §5.103 and §5.105, which provide the commission with
the authority to adopt any rules necessary to carry out its powers and duties
under the provisions of the Texas Water Code or other laws of this state;
and under Texas Health and Safety Code, Solid Waste Disposal Act, §361.017
and §361.024, which authorize the commission to regulate industrial solid
waste and municipal hazardous waste and to adopt rules consistent with the
general intent and purposes of the Act.
The proposed amendments implement Texas Health and Safety Code, Chapter
361.
§305.572. Permit and Trial Burn Requirements.
(a)
The following regulations contained in 40 Code
of Federal Regulations (CFR) Part 270 are adopted by reference, as amended
and adopted in the CFR through
December 11, 1995 (see 60 FedReg 63417)
[
(1)
§270.66(b) - Permit Operating Periods for New Boilers
and Industrial Furnaces, except that any permit amendment or modification
shall proceed according to the applicable requirements of Subchapter D of
this chapter (relating to Amendments, Modifications, Renewals, Transfers,
Corrections, Revocation, and Suspension of Permits);
(2)
§270.66(c) - Requirements for Trial Burn Plans;
(3)
§270.66(d) - Trial Burn Procedures,
except
§270.66(d)(3), and
except that all required submissions must be
certified on behalf of the applicant by the signature of a person authorized
pursuant to §305.44 of this title (relating to Signatories to Applications);
(4)
§270.66(e) - Special Procedures for DRE Trial
Burns; and
(5)
§270.66(f) - Determinations Based on Trial Burn.
(b)
With regard to trial burn
notice procedures, the chief clerk shall send notice to the state senator
and representative who represent the area in which the facility is or will
be located, and to the persons listed in §39.13 of this title (relating
to Mailed Notice) announcing the scheduled commencement and completion dates
for the trial burn. The notice shall meet the requirements of 40 Code of Federal
Regulations §270.66(d)(3)(i)-(ii) as amended through December 11, 1995,
at 60 FedReg 63417. The applicant may not commence the trial burn until after
the chief clerk has issued such notice. This paragraph applies to initial
trial burns and all other trial burns except those that are to be conducted
within 180 days after permit modification covering the trial burn.
§305.573. Interim Status and Trial Burn Requirements.
(a)
For the purpose of determining feasibility of compliance
with the performance standards of 40 Code of Federal Regulations (CFR) §§266.104-266.107
and of determining adequate operating conditions under 40 CFR §266.103
and §335.224 of this title (relating to Additional Interim Status Standards
for Burners), applicants owning or operating existing boilers or industrial
furnaces operated under the interim status standards of 40 CFR §266.103
and §335.224 of this title must either prepare and submit a trial burn
plan for approval by the executive director and perform a trial burn in accordance
with the approved trial burn plan and in accordance with 40 CFR §270.66
and §305.572 of this title (relating to Permit and Trial Burn Requirements)
or submit other information as specified in 40 CFR §270.22(a)(6).
The chief clerk shall provide notice of the executive director's intention
to approve the trial burn, in accordance with the timing and distribution
requirements of §305.572(b) of this title (relating to Determining Feasibility
of Compliance and Adequate Operating Conditions). The contents of the notice
must include: the name and telephone number of a contact person at the facility;
the name and telephone number of a contact office at the permitting agency;
the location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required prior
to permit issuance, including the anticipated time schedule for approval of
the plan and the time period during which the trial burn would be conducted.
Applicants who submit a trial burn plan and receive approval before
submission of the part B permit application must complete the trial burn and
submit the results specified in 40 CFR §270.66(f) with the Part B permit
application. If completion of this process conflicts with the date set for
submission of the Part B application, the applicant must contact the executive
director to establish a later date for submission of the Part B application
or the trial burn results. If the applicant submits a trial burn for approval
by the executive director with Part B of the permit application, the approved
trial burn must be conducted and the results submitted within a time period
prior to permit issuance to be specified by the executive director.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 29, 1999.
TRD-9901838
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 239-6087
Subchapter H. Standards for the Management of Specific Wastes and Specific Types of Facilities
The mailing list for a facility seeking a Class I injection well
UIC permit. The facility mailing list, which is described in 40 CFR, §120.10(c)(viii),
is maintained by the Texas Natural Resource Conservation Commission in accordance
with §305.103(b).
]
NODES
]) - The national program for issuing,
amending, terminating, monitoring, and enforcing permits, and imposing and
enforcing pretreatment requirements, under CWA, §§307, 402, 318,
and 405. The term includes an approved program.
NODES
] permit for discharges at that site.
Subchapter D. Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits
Application for Permit
]),
Subchapter I of this chapter
[
§§305.171-305.174 of this title
] (relating to Hazardous Waste
Incinerator Permits), and
Subchapter J of this chapter
[
§§305.181-305.184 of this title
] (relating to Permits for
Land Treatment Demonstrations Using Field Tests or Laboratory Analyses);
§305.103(b) of this title (relating to Notice
by Mail)
]. This notification must be made within 90 calendar days after
the change is put into effect. For the Class 1 modifications that require
prior executive director approval, the notification must be made within 90
calendar days after the executive director approves the request; and
Application for Permit
]),
Subchapter I of this chapter
[
and §§305.171-305.174
of this title
] (relating to Hazardous Waste Incinerator Permits), and
Subchapter J of this chapter
[
§§305.181-305.184 of this
title
] (relating to Permits for Land Treatment Demonstrations Using
Field Tests or Laboratory Analyses);
§305.103(b) of this title
(relating to Notice by Mail)
] 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 the permittee must provide to the
executive
director
[
commission
] evidence of the mailing and publication.
The notice must include:
,the commission must
]:
;or
]
it
]
will decide on the request within the next 30 days.
commission
] notifies the permittee of a 30-day extension for a decision,
then
[
the commission must,
] no later than 120 days after
receipt of the modification request
, subparagraphs (A), (B), (C), or
(D) of this paragraph must be met, subject to §50.33 of this title (relating
to Executive Director Action on Application), as follows
;or
]
§§335.111-335.127
] of this title (relating to Interim Standards for Owners and Operators
of Hazardous Waste Storage, Processing, or Disposal Facilities). If the commission
approves, with or without changes, or denies
any
[
the
]
modification request during the term of the temporary [
or automatic
]
authorization
issued pursuant to
[
provided for in
]
paragraph (6) or (7) of this subsection [
or this paragraph
], such
action cancels the temporary [
or automatic
] authorization.
The commission is the sole authority for approving or denying the modification
request during the term of the temporary authorization. If the executive director
or the commission approves, with or without changes, or if the commission
denies the modification request during the term of the automatic authorization
provided for in this paragraph, such action cancels the automatic authorization.
§305.103(b) of this title (relating to Notice by Mail)
],
and make a reasonable effort to notify other persons who submitted written
comments on the modification request, that:
§§335.111-§335.127
] of this title (relating to Interim Standards for Owners and Operators
of Hazardous Waste Storage, Processing, or Disposal Facilities).
(e)
] of this
section or a reclassification to a Class 3 modification is made in accordance
with paragraph (6)(C) or (7)(C) of this subsection, the executive director
must consider all written comments submitted to the agency during the public
comment period and must respond in writing to all significant comments.
deny or
] 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:
§§335.151-335.179
] of this title (relating to Permitting Standards for Owners and Operators
of Hazardous Waste Storage, Processing or Disposal Facilities) or other applicable
requirements; or
Application for Permit
]),
Subchapter I of this chapter
[
§§305.171-305.174
of this title
] (relating to Hazardous Waste Incinerator Permits),
Subchapter J of this chapter
[
and §§305.181-305.184
of this title
] (relating to Permits for Land Treatment Demonstrations
Using Field Tests or Laboratory Analyses); and
Subchapter Q of this chapter
[
§§305.571-305.573
] of this title (relating to
Permits for Boilers and Industrial Furnaces Burning Hazardous Waste).
§305.103 of this title (relating to Notice
by Mail)
] 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
[
commission
]. The
notice shall include the following:
§305.100(a) of this title
(relating to Notice of Application)
];
§§305.91-305.106 of this title (relating
to Actions, Notice, and Hearing)
]. When a permit is modified, only the
conditions subject to modification are reopened.
, without prior public notice and comment,
] 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:
[
. Temporary authorizations must have a term of not more than
180 days.
]
standards
].
§305.103 of this title (relating
to Notice by Mail)
]. This notification must be made within seven days
of submission of the authorization request.
§305.103(b) of this
title (relating to Notice by Mail)
] 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.
40 CFR Part
265
] groundwater monitoring and financial responsibility requirements
of Chapter 335, Subchapter E of this title (relating to Interim Standards
for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities) and 40 CFR Part 265
on the date 12 months after the effective
date of the final rule identifying or listing the waste as hazardous, or regulating
the unit as a hazardous waste management unit. If the owner or operator fails
to certify compliance with these requirements, the owner or operator shall
lose authority to operate under this section.
(i)
] Appendix I. The following
appendix will be used for the purposes of Subchapter D which
relates
[
relate
] to
industrial and hazardous
solid waste
permit modification at the request of the permittee.
Subchapter F. Permit Characteristics and Conditions
Subchapter I. Hazardous Waste Incinerator Permits
(6)
] During each approved
trial burn (or as soon after the burn as practicable), the applicant must
make the following determinations:
(7)
] The applicant must
submit to the executive director a certification that the trial burn has been
carried out in accordance with the approved trial burn plan, and shall submit
the results of all the determinations required in paragraph
(7)
[
(6)
] of this section. This submission shall be made within 90
days of completion of the trial burn, or later with the prior approval of
the executive director.
(8)
] All data collected during
any trial burn shall be submitted to the executive director immediately following
the completion of the trial burn.
(9)
] All submissions required
by this section shall be certified on behalf of the applicant by the signature
of a person authorized to sign a permit application or a report under §305.44
of this title (relating to Signatories to Applications) and §305.128
of this title (relating to Signatories to Reports).
(10)
] Based on the results
of the trial burn, the commission
or the executive director, as appropriate,
subject to §50.33 of this title (relating to Executive Director Action
on Application),
shall set the operating requirements in the final
permit according to 40 CFR §264.345. The permit amendment or modification
shall proceed according to §305.62 of this title (relating to Amendment)
or §305.69(c) of this title (relating to Solid Waste Permit Modification
at the Request of the Permittee).
(9)
] of this title (relating to Determining Feasibility of Compliance
and Adequate Operating Conditions) or, instead, submit other information as
specified in 40 CFR §270.19(c).
The chief clerk shall provide notice
of the executive director's intention to approve the trial burn, in accordance
with the timing and distribution requirements of §305.172(6) of this
title (relating to Determining Feasibility of Compliance and Adequate Operating
Conditions). The contents of the notice must include: the name and telephone
number of a contact person at the facility; the name and telephone number
of a contact office at the permitting agency; the location where the trial
burn plan and any supporting documents can be reviewed and copied; and a schedule
of the activities that are required prior to permit issuance, including the
anticipated time schedule for approval of the plan and the time period during
which the trial burn would be conducted.
Applicants submitting information
specified in 40 CFR §270.19(a) are exempt from compliance with 40 CFR
§§264.343 and 264.345 and, therefore, are exempt from the requirement
to conduct a trial burn. Applicants who submit trial burn plans and receive
approval before submission of a permit application shall complete the trial
burn and submit the results, specified in §305.172 of this title (relating
to Determining Feasibility of Compliance and Adequate Operating Conditions)
with Part B of the permit application. If completion of this process conflicts
with the date set for submission of the Part B application, the applicant
shall contact the executive director to establish a later date for submission
of the Part B application or the trial burn results. Trial burn results must
be submitted prior to issuance of the permit. When the applicant submits a
trial burn plan with Part B of the permit application, the executive director
will specify a time period prior to permit issuance in which the trial burn
must be conducted and the results submitted.
Subchapter L. Groundwater Compliance Plan
Chapter 281 (relating to Applications Processing); §305.44 of this
title (relating to Signatories to Applications); §305.47 of this title
(relating to Retention of Application Data); §305.43 of this title (relating
to Who Applies); §305.53 of this title (relating to Application Fees);
§305.50 of this title (relating to Additional Requirements for an Application
for a Solid Waste Permit); §305.92 of this title (relating to Action
on Applications); §305.93 of this title (relating to Action on Application
for Permit); §305.96 of this title (relating to Action on Application
for Amendment); §§305.98-305.105 of this title (relating to Scope
of Proceedings; Commission Action; Notice of Application; Notice of Hearing;
Notice by Publication; Notice by Mail; Radio Broadcasts; and Request for Public
Hearing);
] §305.122-§305.124 of this title (relating to Characteristics
of Permits; Reservation in Granting Permit; and Acceptance of Permit, Effect);
and §305.128 of this title (relating to Signatories to Reports).
Subchapter Q. Permits for Boilers and Industrial Furnaces Burning Hazardous Waste
June 1, 1990 (see 55 FedReg 22685) and as published and adopted
in the February 21, 1991, July 17, 1991, August 27, 1991, September 5, 1991,
and August 31, 1993, issues of the
Federal Register
(see 56 FedReg 7239, 32688, 42504, and 43874, and 58 FedReg 46040)
]:
Chapter 335.
Industrial Solid Waste and Municipal Hazardous Waste