Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,207
1163-1244 p. ; 28 cm.View a full description of this periodical.
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completion of the trial burn, or later with
the prior approved of the executive director.
(8) All data collected during any
trial burn shall be submitted to the executive
director immediately following the comple-
tion of the trial burn.
(9) All submissions required by this
section shall be certified on behalf of the ap-
plicant by the signature of a person autho-
rized to sign a permit application or a report
under 305.44 of this title (relating to Sig-
natories to Applications) and 305.128 of
this title (relating to Signatories to Reports).
(10) Based on the results of the trial
burn, the commission shall set the operating
requirements in the final permit according
to 40 Code of Federal Regulations 264.345.
The permit amendment shall proceed as a
minor amendment according to 305.62(c)
of this title (relating to Amendment).
305.173. Operation Prior to Final Amend-
ment of the Permit. For the purposes of
allowing operation of a new hazardous waste
incinerator following completion of the trial
burn and prior to final amendment of the
permit conditions to reflect the trial burn
results, the commission may establish per-
mit conditions, including, but not limited to,
allowable waste feeds and operating condi-
tions sufficient to meet the requirements of
40 Code of Federal Regulations 264.345 in
the permit for a new hazardous waste incin-
erator. These permit conditions will be ef-
fective for the minimum time required to
complete sample analysis, data computation,
and submission of the trial burn results by
the applicant, and amendment of the facili-
ty permit by the commission.
(1) Applicants shall submit a state-
ment with Part B of the permit application
which identifies the conditions necessary to
operate in compliance with the performance
standards of 40 Code of Federal Regulations
264.343 during the trial burn period. This
statement shall include, at a minimum, re-
strictions on waste constituents, waste feed
rates, and the operating parameters identi-
fied in 40 Code of Federal Regulations
264.345.
(2) The executive director shall re-
view this statement and any other elevant
information submitted with Part B of the
permit application and shall specify those re-
quirements for this period most likely to
meet the performance standards of 40 Code
of Federal Regulations 264.343, based on
the executive director's engineering judge-
ment.
305.174. Existing Incminerators. For the
purposes of determining feasibility of com-
pliance with the performance standards of
40 Code of Federal Regulations 264.343
and of determining adequate operating con-
ditions under 40 Code of Federal Regula-
tions 264.345, the applicant for a permit for
an existing hazardous waste incinerator may
prepare and submit a trial burn plan and
perform a trial burn in accordance with
305.172(2).(9) of this title (relating to Deter-mining Feasibility of Compliance and Ade-
quate Operating Conditions). Applicants
who submit trial burn plans and receive ap-
proval before submission of a permit applica
tion shall complete the trial burn and sub-
mit the results specified in 305.172 of this
title (relating to Determining Feasibility of
Compliance and Adequate Operating Condi-
tions) with Part B of the permit application.
If completion of this process conflicts with
the date set for submission of the Part B ap-
plication, the applicant shall contact the ex-
ecutive director to establish a later date for
submission of the Part B application or the
trial burn results. If the applicant submits
a trial burn plan with Part B of the permit
application, the trial burn shall be conducted
and the results submitted within a time pe-
riod to be specified by the executive director.
Issued In Austin, Texas, on February 25, 1986.
TRD-8602000 James K. Rourke, Jr.
General Counsel
Texas Water Commission
Effective date: March 3, 1988
Expiration date: July 1, 1986
For further information, please call
(512) 463-8070.
Subchapter J. Permits for Land
Treatment Demonstrations
Using Field Tests or
Laboratory Analysis
*31 TAC 305.181-305.184
The new sections are adopted on an emer-
gency basis under the Texas Water Code,
5.103 and 5.105, which provides the
Texas Water Commission with the authori-
ty to adopt any rules necessary to carry
out its powers and duties under the Texas
Water Code and other laws of the state.
305.181. Treatment Demonstration Permit.
For the purpose of allowing an owner or
operator to meet the treatment demonstra-
tion requirements of 40 Code of Federal
Regulations 264.272, the commission may
issue a treatment demonstration permit. The
permit shall contain only those requirements
necessary to meet the standards in 40 Code
of Federal Regulations 264.272(c). The per-
mit may be issued either as a treatment or
disposal permit covering only the field test
or laboratory analyses, or as a two phase
facility permit covering the field tests or
laboratory analyses, and the design, con-
struction, operation, and maintenance of the
land treatment unit.
(1) The commission may issue a two-
phase facility permit if it finds that, based
on information submitted in Part B of the
application, substantial information, although
incomplete or inconclusive, already exists
upon which to base the issuance of a facili-
ty permit.
(2) If the commission finds that in-
sufficient information exists upon which toestablish permit conditions to attempt to pro-
vide for compliance with all of the require-
ments relating to land treatment, the com-
mission may issue a treatment demonstration
permit covering only the field test or labora-
tory analyses.
305.182. Two-Phase Facility Permit. If
the commission finds that a phased permit
may be issued, the commission shall establish
as requirements in the first phase of the fa-
cility permit, conditions for conducting the
field tests or laboratory analyses. These per-
mit conditions shall include design and op-
erating parameters (including the duration
of the tests or analyses and, in the case of
field tests, the horizontal and vertical dimen-
sions of the treatment zone), monitoring pro-
cedures, post-demonstration clean-up acti-
vities, and any other conditions which the
commission finds may be necessary under 40
Code of Federal Regulations 264.272(c).
The commission shall include conditions in
the second phase of the facility permit to at-
tempt to mnt all requirements pertaining to
unit design, construction, operation, and
maintenance of land treatment facilities. The
commission shall establish these conditions
in the second phase of the permit based upon
the substantial but incomplete or inconclu-
sive information contained in the Part B
application.
(1) The first phase of the permit
shall be effective as provided in Texas Civil
Statutes, Article 6252-13, and the rules of the
commission.
(2) The second phase of the permit
shall be effective as provided in 305.184 of
this title (relating to Permit Amendment).
305.183. Certification. When the owner
or operator who has been issued a two-phase
permit has completed the treatment demon-
stration, he shall submit to the executive
director a certification, signed by a person
authorized to sign a permit application or
report under 305.44 of this title (relating to
Signatories to Applications) and 305.128 of
this title (relating to Signatories to Reports),
that the field tests or laboratory analyses
have been carried out in accordance with the
conditions specified in phase one of the per-
mit for conducting such tests or analyses.
The owner or operator shall also submit all
data collected during the field tests or labor-
atory analyses within 90 days of completion
of those tests or analyses unless the executive
director approves a later date.
305.184. Pmit Amendment. If the com-
mission determines that the results of the
field tests or laboratory analyses meet the re-
quirements of 40 Code of Federal Regula-
tions 264.272, it shall amend the second
phase of the permit to incorporate any re-
quirements necessary for operation of the
facility in comphance with requirements ap-
plicable to land treatment, based upon the
results of the field tests or laboratory anal-
yses.4 Emrgnc Rule Mac 1 18 1Teg10
4P Emergency Rules
March 11, 1986 11 TexReg 1207
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/45/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.