Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 305 - CONSOLIDATED PERMITS › Subchapter Q - PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE › Section 305.573 - Interim Status and Trial Burn Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose of determining
				  feasibility of compliance with the performance standards of 40 Code of Federal
				  Regulations (CFR) §§266.104 through 266.107 and of determining
				  adequate operating conditions under
				  40 CFR
				  §266.103 and §
										335.224 of this title (relating to
				  Additional Interim Status Standards for Burners), applicants owning or
				  operating existing boilers or industrial furnaces operated under the interim
				  status standards of
				  40 CFR
				  §266.103 and §
										335.224 of this title (relating to
				  Additional Interim Status Standards for Burners) must either prepare and submit
				  a trial burn plan for approval by the executive director and perform a trial
				  burn in accordance with the approved trial burn plan and in accordance with
				  40
				  CFR §270.66 and §
										305.572 of this title (relating to
				  Permit and Trial Burn Requirements) or submit other information as specified in
				  40
				  CFR §270.22(a)(6). The
				  chief clerk shall provide notice of the executive director's intention to
				  approve the trial burn, in accordance with the timing and distribution
				  requirements of §
										305.572(b)
				  of this title (relating to Determining Feasibility of Compliance and Adequate
				  Operating Conditions). The contents of the notice must include: the name and
				  telephone number of a contact person at the facility; the name and telephone
				  number of a contact office at the permitting agency; the location where the
				  trial burn plan and any supporting documents can be reviewed and copied; and a
				  schedule of the activities that are required prior to permit issuance,
				  including the anticipated time schedule for approval of the plan and the time
				  period during which the trial burn would be conducted. Applicants who submit a
				  trial burn plan and receive approval before submission of the part B permit
				  application must complete the trial burn and submit the results specified in
				  40
				  CFR §270.66(f) with the
				  Part B permit application. If completion of this process conflicts with the
				  date set for submission of the Part B application, the applicant must contact
				  the executive 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
				  for approval by the executive director with Part B of the permit application,
				  the approved trial burn must be conducted and the results submitted within a
				  time period prior to permit issuance to be specified by the executive
				  director.
(b) Owners and operators
				  who have obtained approval of trial burn plans pursuant to
				  40
				  CFR §270.66 prior to the effective date
				  of this section may request executive director approval of the trial burn plan
				  and the executive director may approve the trial burn plan, whether or not the
				  trial burn has been conducted. If the executive director does not approve the
				  trial burn plan, then the owner or operator must prepare and submit a trial
				  burn plan and receive approval from the executive director, and then perform a
				  trial burn in accordance with the approved trial burn plan and in accordance
				  with
				  40
				  CFR §270.66 and §
										305.572 of this title (relating to
				  Permit and Trial Burn Requirements) or submit other information as specified in
				  40
				  CFR
				  §270.22(a)(6).