(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 August 1, 2005 (70 FedReg 44150)
or as stated in paragraphs (1) - (5) of this subsection:
(1) 40 CFR §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, Renewals,
Transfers, Corrections, Revocation, and Suspension of Permits);
(2) 40 CFR §270.66(c) - Requirements for Trial
Burn Plans;
(3) 40 CFR §270.66(d) - Trial Burn Procedures,
except 40 CFR §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) 40 CFR §270.66(e) - Special Procedures for
DRE Trial Burns; and
(5) 40 CFR §270.66(f) - Determinations Based on
Trial Burn.
(6) 40 CFR §270.235 - Options for Incinerators,
Cement Kilns, Lightweight Aggregate Kilns, Solid Fuel Boilers, Liquid
Fuel Boilers and Hydrochloric Acid Production Furnaces to Minimize
Emissions from startup, shutdown, and malfunction events as amended
through October 12, 2005 (70 FedReg 59402).
(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 §39.413 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 CFR §270.66(d)(3)(i) and (ii) as amended through December
11, 1995 (60 FedReg 63417). The applicant may not commence the trial
burn until after the chief clerk has issued such notice. This subsection
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.
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Source Note: The provisions of this §305.572 adopted to be effective July 29, 1992, 17 TexReg 5016; amended to be effective November 20, 1996, 21 TexReg 10982; amended to be effective August 8, 1999, 24 TexReg 5879; amended to be effective August 16, 2007, 32 TexReg 5003; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective May 14, 2020, 45 TexReg 3109 |