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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER VTHERMAL CONTROL DEVICES
RULE §106.496Air Curtain Incinerators

opacity readings, reporting, and recordkeeping.

  (4) State waste regulations.

    (A) Landfill sites:

      (i) ACIs located at a landfill require separate authorization by the executive director in accordance with §330.4 of this title (relating to Permit Required); and

      (ii) below-ground ACIs must be located in undisturbed soil not previously excavated, built up, compacted, or used in any type of active landfill operation.

    (B) Ash disposal. For materials authorized to be burned under this section and the resulting ash from ACIs, categorized as municipal solid waste as defined in §330.2 of this title (relating to Definitions), compliance with this section serves as a commission authorization to store, process, remove, and/or dispose of the ash resulting from the operation of ACIs as required by §330.4(a) of this title.

  (5) State water regulations. Nothing in this section removes the responsibility of the owner/operator from obtaining any necessary authorization under Chapter 308 of this title (relating to Criteria and Standards for the National Pollutant Discharge Elimination System).

(h) Administrative.

  (1) Multiple locations at a single site. Multiple ACIs at a given site may be combined into a single registration if individual ACI locations at the site are in compliance with all design requirements and operating restrictions. Operations for all ACIs under common control at a given site must cumulatively meet the annual hourly limitations as listed.

  (2) Registration.

    (A) ACIs must be initially registered with the executive director using the Core Data Form and Form PI-7.

    (B) Re-registration is required when any notice of enforcement is issued by the commission, or delegated representative, to the owner or operator of an ACI facility or every five years, whichever occurs first.

    (C) Any ACI used for emergency clean-up operations does not require registration, but the owner or operator shall meet the notification requirements of this section except for the 14-day prior notice requirement.

    (D) Registration reviews will include site approval and a compliance history evaluation in accordance with Chapter 60 of this title (relating to Compliance History).

  (3) Notification. Notifications are not subject to the requirements of §106.50 of this title (relating to Registration Fees for Permits by Rule) or Chapter 60 of this title.

    (A) The owner or operator of an ACI that has previously been registered with the executive director in accordance with this section and is being relocated to a new site, other than a landfill, shall notify the appropriate regional office and any local air pollution control agency having jurisdiction over the site.

    (B) Notifications must be in writing using the Regional Standard Permit/Permit by Rule Relocation Form, include a return receipt, and be received by the regional director and any local air pollution control agency having jurisdiction over the site at least 14 calendar days prior to locating at the site.

  (4) Records. To demonstrate compliance with this section and §106.8 of this title (relating to Recordkeeping), owners or operators of ACIs shall, at a minimum, meet the following requirements.

    (A) The ACI must be equipped with a run time meter. A written record or log of the hours of operation of the ACI must be maintained at the site and made available at the request of personnel from the commission or any air pollution control program having jurisdiction. This run time record or log must be organized such that compliance with the requirements of this section can be readily determined.

    (B) Records must be kept to demonstrate compliance with all operational or location requirements of this section. These records must include a copy of the return receipt demonstrating notification to the appropriate regional office and local air pollution control programs having jurisdiction, and plot plans showing distance limits are met. For portable facilities, once relocated to a new site, records must be maintained at a central location for a two-year rolling period.

    (C) A copy of this section and any operating instructions must be kept at the burn site, followed by owners or operators, and made available at the request of personnel from the commission or any local air pollution control program having jurisdiction.

    (D) The ACI must be clearly and permanently marked with the regulated entity (preferred) or account identification number on the fan manifold or aboveground unit.


Source Note: The provisions of this §106.496 adopted to be effective June 30, 2004, 29 TexReg 6094

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