| (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.
(3) An application for a post-closure order or for
a post-closure permit must also contain any other information as the
executive director may deem necessary to determine whether the facility
and the operation thereof will comply with the requirements of the
TSWDA and Chapter 335 of this title including, but not limited to,
the information set forth in TSWDA, §361.109.
(4) The executive director may require an applicant
for a post-closure order to submit information in order to establish
conditions under §305.127(4)(A) of this title.
(5) An application for a post-closure order or for
a post-closure permit shall also contain the information listed in §305.45(a)(1)
of this title (relating to Contents of Application for Permit).
(6) All engineering and geoscientific information submitted
to the agency shall be prepared by, or under the supervision of, a
licensed professional engineer or licensed professional geoscientist,
and shall be signed, sealed, and dated by qualified professionals
as required by the Texas Engineering Practice Act and the Texas Geosciences
Practice Act and the licensing and registration boards under these
acts.
(7) One original and three copies of an application
for a post-closure permit or for a post-closure order shall be submitted
on forms provided by, or approved by, the executive director and shall
be accompanied by a like number of originals and copies of all required
exhibits.
|
| Source Note: The provisions of this §305.50 adopted to be effective June 19, 1986, 11 TexReg 2593; amended to be effective July 14, 1987, 12 TexReg 2102; amended to be effective January 5, 1988, 12 TexReg 4861; amended to be effective August 4, 1989, 14 TexReg 3531; amended to be effective October 8, 1990, 15 TexReg 5492; amended to be effective November 7, 1991, 16 TexReg 6051; amended to be effective July 29, 1992, 17 TexReg 5016; amended to be effective November 23, 1993, 18 TexReg 8215; amended to be effective May 11, 1994, 19TexReg 3250; amended to be effective November 20, 1996, 21 TexReg 10982; amended to be effective May 20, 1999, 24 TexReg 3725; amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective November 18, 2001, 26 TexReg 9130; amended to be effective January 30, 2003, 28 TexReg 705; amended to be effective September 11, 2003, 28 TexReg 7774; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective February 21, 2013, 38 TexReg 970 |
