| (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.
(3) Facility owners or operators may request to have
specific RCRA operating and emissions limits waived by submitting
a Class 1 permit modification request under L.10. in Appendix I of
subsection (k) of this section. The facility owner or operator must:
(A) identify the specific RCRA permit operating and
emissions limits which are requested to be waived;
(B) provide an explanation of why the changes are necessary
to minimize or eliminate conflicts between the RCRA permit and MACT
compliance;
(C) discuss how the revised provisions will be sufficiently
protective; and
(D) the executive director shall notify the facility
owner or operator whether the Class 1 permit modification has been
approved or denied. If denied, the executive director shall provide
justification for denial.
(4) To request the modification referenced in paragraph
(3) of this subsection in conjunction with MACT performance testing
where permit limits may only be waived during actual test events and
pretesting, as defined under 40 CFR §63.1207(h)(2)(i) and (ii),
for an aggregate time not to exceed 720 hours of operation (renewable
at the discretion of the executive director); the owner or operator
must:
(A) submit the modification request to the executive
director at the same time the test plans are submitted to the executive
director; and
(B) the executive director may elect to approve or
deny the request contingent upon approval of the test plans.
(j) Military hazardous waste munitions storage, processing,
and disposal. The permittee is authorized to continue to accept waste
military munitions notwithstanding any permit conditions barring the
permittee from accepting off-site wastes, if:
(1) the facility is in existence as a hazardous waste
facility, and the facility is already permitted to handle waste military
munitions, on the date when waste military munitions become subject
to hazardous waste regulatory requirements;
(2) on or before the date when waste military munitions
become subject to hazardous waste regulatory requirements, the permittee
submits a Class 1 modification request to remove or revise the permit
provision restricting the receipt of off-site waste munitions; and
(3) the permittee submits a Class 2 modification request
within 180 days of the date when the waste military munitions become
subject to hazardous waste regulatory requirements.
(k) Appendix I. The following appendix will be used
for the purposes of this subchapter which relates to industrial and
hazardous solid waste permit modification at the request of the permittee.
Attached Graphic
|
| Source Note: The provisions of this §305.69 adopted to be effective October 29, 1990, 15 TexReg 6015; amended to be effective July 29, 1992, 17 TexReg 5090; amended to be effective June 7, 1993, 18 TexReg 3290; amended to be effective November 23, 1993, 18 TexReg 8215; amended to be effective February 22, 1994, 19 TexReg 941; amended to be effective November 7, 1994, 19 TexReg 8543; amended to be effective April 17, 1995, 20 TexReg 2392; amended to be effective February 26, 1996, 21 TexReg 1137; amended to be effective August 8, 1999, 24 TexReg 5879;amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective April 12, 2001, 26 TexReg 2739; amended to be effective November 15, 2001, 26 TexReg 9123; amended to be effective August 16, 2007, 32 TexReg 5003; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective February 21, 2013, 38 TexReg 970 |
