(C) the potential magnitude and nature of the human
exposure resulting from such releases.
(9) In the case of an application for a permit to store,
process, or dispose of hazardous waste at a new hazardous waste management
facility, or an application for amendment or modification of a solid
waste management facility permit to provide for capacity expansion,
the application shall also identify the nature of any known specific
and potential sources, types, and volumes of waste to be stored, processed,
or disposed of by the facility and shall identify any other related
information the executive director may require.
(10) In the case of an application for a permit to
store, process, or dispose of hazardous waste at a new hazardous waste
management facility, the application must also contain the following:
(A) copies of any relevant land use plans, adopted
in accordance with the Texas Local Government Code, Chapter 211, which
were in existence before publication of the notice of intent to file
a solid waste permit application or, if no notice of intent is filed,
at the time the permit application is filed;
(B) identification of the names and locations of industrial
and other waste-generating facilities within 1/2 mile of the facility
in the case of an application for a permit for a new on-site hazardous
waste management facility, and within one mile of the facility in
the case of an application for a permit for a new commercial hazardous
waste management facility;
(C) the approximate quantity of hazardous waste generated
or received annually at those facilities described under subparagraph
(B) of this paragraph;
(D) descriptions of the major routes of travel in the
vicinity of the facility to be used for the transportation of hazardous
waste to and from the facility, together with a map showing the land-use
patterns, covering at least a five-mile radius from the boundaries
of the facility; and
(E) the information and demonstrations concerning faults
described under paragraph (4)(D)of this subsection.
(11) In the case of an application for a permit to
store, process, or dispose of hazardous waste, the application shall
also contain information sufficient to demonstrate to the satisfaction
of the commission that a proposed hazardous waste landfill, areal
expansion of such landfill, or new commercial hazardous waste land
disposal unit is not subject to inundation as a result of a 100-year
flood event. An applicant or any other party may not rely solely on
floodplain maps prepared by the Federal Emergency Management Agency
or a successor agency to determine whether a hazardous waste landfill,
areal expansion of such landfill, or commercial hazardous waste land
disposal unit is subject to such an inundation.
(12) In the case of an application for a permit to
store, process, or dispose of hazardous waste at a new commercial
hazardous management facility, the application shall also contain
the following:
(A) information sufficient to demonstrate whether a
burden will be imposed on public roadways by vehicles traveling to
and from the facility, including, at a minimum:
(i) the average gross weight of the various types and
sizes of such vehicles to be used for transportation of hazardous
waste;
(ii) the average number of such vehicles which would
travel the public roadways; and
(iii) identification of the roads to be used by vehicles
traveling to and from the facility within a minimum radius of 2 1/2
miles from the facility. Such identification must include the major
highways nearest the facility, even if they are located outside the
2 1/2 mile radius;
(B) in addition to the requirements of subparagraph
(A) of this paragraph, an applicant may submit a letter from the relevant
agency of the state, county, or municipality which has the authority
to regulate and maintain roads which states unequivocally that the
roads to and from the facility are adequate for the loads to be placed
on them by the proposed facility. Such letter will serve as prima
facie evidence that the additional loads placed on the roadways caused
by the operation of the facility would not constitute a burden and
thus would not require that improvements be made to such roadways.
Such letter does not, however, obviate the need to submit the information
required under subparagraph (A) of this paragraph;
(C) evidence sufficient to demonstrate that:
(i) emergency response capabilities are available or
will be available before the facility first receives waste, in the
area in which the facility is located or proposed to be located, that
has the ability to manage a reasonable worst-case emergency condition
associated with the operation of the facility; such evidence may include,
but is not limited to, the following:
(I) in addition to the contingency plan required under
40 CFR §270.14(b)(7), provisions specifying procedures and timing
of practice facility evacuation drills, where there is a possibility
that evacuation of the facility could be necessary;
(II) contracts with any private corporation, municipality,
or county to provide emergency response;
(III) weather data which might tend to affect emergency
response;
(IV) a definition of worst-case emergencies, e.g.,
fires, explosions, the Texas Design Hurricane, or the Standard Project
Hurricane;
(V) a training program for personnel for response to
such emergencies;
(VI) identification of first-responders;
(VII) identification of local or regional emergency
medical services and hospitals which have had hazardous materials
training;
(VIII) a pre-disaster plan, including drills;
(IX) a mechanism for notifying all applicable government
agencies when an incident occurs (i.e., Texas Commission on Environmental
Quality, Texas Parks and Wildlife, General Land Office, Texas Department
of State Health Services, and Texas Railroad Commission);
(X) a showing of coordination with the local emergency
planning committee and any local comprehensive emergency management
plan; and
(XI) any medical response capability which may be available
on the facility property; or
(ii) the applicant has secured bonding of sufficient
financial assurance to fund the emergency response personnel and equipment
determined to be necessary by the executive director to manage a reasonable
worst-case emergency condition associated with the facility; such
financial assurance may be demonstrated by providing information which
may include, but is not limited to, the following:
(I) long-term studies using an environmental model
which provide the amount of damages for which the facility is responsible;
and
(II) costs involved in supplying any of the information
included in or satisfying any of the requirements of clause (i)(I)
- (XI) of this subparagraph;
(D) if an applicant does not elect to provide its own
facilities or secure bonding to ensure sufficient emergency response
capabilities in accordance with §335.183 of this title (relating
to Emergency Response Capabilities Required for New Commercial Hazardous
Waste Management Facilities), the applicant must provide prior to
the time the facility first receives waste:
(i) documentation showing agreements with the county
and/or municipality in which the facility is located, or documentation
showing agreements with an adjoining county, municipality, mutual
aid association, or other appropriate entity such as professional
organizations regularly doing business in the area of emergency and/or
disaster response; or
(ii) demonstration that a financial assurance mechanism
in the form of a negotiable instrument, such as a letter of credit,
fully paid in trust fund, or an insurance policy, with the limitation
that the funds can only be used for emergency response personnel and
equipment and made payable to and for the benefit of the county government
and/or municipal government in the county in which the facility is
located or proposed to be located; and
(E) a written statement signed by an authorized signatory
in accordance with §305.44(a) of this title explaining how the
applicant intends to provide emergency response financial assurance
to meet the requirements of subparagraph (C) or (D) of this paragraph;
and
(F) a summary of the applicant's experience in hazardous
waste management and in particular the hazardous waste management
technology proposed for the application location, and, for any applicant
without experience in the particular hazardous waste management technology,
a conspicuous statement of that lack of experience.
Cont'd... |