| (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.
(13) An application for a boiler or industrial furnace
burning hazardous waste at a facility at which the owner or operator
uses direct transfer operations to feed hazardous waste from transport
vehicles (containers, as defined in 40 CFR §266.111) directly
to the boiler or industrial furnace shall submit information supporting
conformance with the standards for direct transfer provided by 40
CFR §266.111 and §335.225 of this title (relating to Additional
Standards for Direct Transfer).
(14) The executive director may require a permittee
or an applicant to submit information in order to establish permit
conditions under §305.127(1)(B)(iii) and (4)(A) of this title
(relating to Conditions to be Determined for Individual Permits).
(15) If the executive director concludes, based on
one or more of the factors listed in subparagraph (A) of this paragraph
that compliance with the standards of 40 CFR Part 63, Subpart EEE
alone may not be protective of human health or the environment, the
executive director shall require the additional information or assessment(s)
necessary to determine whether additional controls are necessary to
ensure protection of human health and the environment. This includes
information necessary to evaluate the potential risk to human health
and/or the environment resulting from both direct and indirect exposure
pathways. The executive director may also require a permittee or applicant
to provide information necessary to determine whether such an assessment(s)
should be required. The executive director shall base the evaluation
of whether compliance with the standards of 40 CFR Part 63, Subpart
EEE alone is protective of human health or the environment on factors
relevant to the potential risk from a hazardous waste combustion unit,
including, as appropriate, any of the following factors:
(A) particular site-specific considerations such as
proximity to receptors (such as schools, hospitals, nursing homes,
day-care centers, parks, community activity centers, or other potentially
sensitive receptors), unique dispersion patterns, etc.;
(B) identities and quantities of emissions of persistent,
bioaccumulative, or toxic pollutants considering enforceable controls
in place to limit those pollutants;
(C) identities and quantities of nondioxin products
of incomplete combustion most likely to be emitted and to pose significant
risk based on known toxicities (confirmation of which should be made
through emissions testing);
(D) identities and quantities of other off-site sources
of pollutants in proximity of the facility that significantly influence
interpretation of a facility-specific risk assessment;
(E) presence of significant ecological considerations,
such as the proximity of a particularly sensitive ecological area;
(F) volume and types of wastes, for example wastes
containing highly toxic constituents;
(G) other on-site sources of hazardous air pollutants
that significantly influence interpretation of the risk posed by the
operation of the source in question;
(H) adequacy of any previously conducted risk assessment,
given any subsequent changes in conditions likely to affect risk;
and
(I) such other factors as may be appropriate.
(16) If, as the result of an assessment(s) or other
information, the executive director determines that conditions are
necessary in addition to those required under 40 CFR Part 63, Subpart
EEE, Parts 264 or 266 to ensure protection of human health and the
environment, including revising emission limits, he/she shall include
those terms and conditions in a Resource Conservation and Recovery
Act permit for a hazardous waste combustion unit.
(b) An application specifically for a post-closure
permit or for a post-closure order for post-closure care must meet
the following requirements, as applicable.
(1) An application for a post-closure permit or a post-closure
order shall contain information required by 40 CFR §270.14(b)(1),
(4) - (6), (11), (13), (14), (18), and (19), (c), and (d), and any
additional information that the executive director determines is necessary
from 40 CFR §§270.14, 270.16 - 270.18, 270.20, or 270.21,
except that closure cost estimates shall be prepared in accordance
with 40 CFR §264.142(a)(1), (3), and (4), as well as §§37.131,
37.141, 335.127, and 335.178 of this title.
(2) An application for a post-closure order shall also
contain financial information sufficient to demonstrate to the satisfaction
of the executive director that the applicant has sufficient financial
resources to operate the facility in a safe manner and in compliance
with the post-closure order and all applicable rules. Financial information
submitted to satisfy this paragraph shall meet the requirements of
Chapter 37, Subchapter P of this title.
Cont'd... |
