Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 113 - STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR DESIGNATED FACILITIES AND POLLUTANTS › Subchapter D - DESIGNATED FACILITIES AND POLLUTANTS › Division 5 - EMISSION GUIDELINES AND COMPLIANCE TIMES FOR OTHER SOLID WASTE INCINERATION UNITS THAT COMMENCED CONSTRUCTION ON OR BEFORE DECEMBER 9, 2004 › Section 113.2347 - What are the requirements for temporary-use incinerators and air curtain incinerators used in disaster recovery?

Current through Reg. 49, No. 28; July 12, 2024
Your incinerator or air curtain incinerator is excluded
						from the requirements of this division if it is used on a temporary basis to
						combust debris from a disaster or emergency such as a tornado, hurricane,
						flood, ice storm, high winds, or act of bioterrorism. To qualify for this
						exclusion, the incinerator or air curtain incinerator must be used to combust
						debris in an area declared a State of Emergency by a local or state government,
						or the President, under the authority of the Stafford Act, has declared that an
						emergency or a major disaster exists in the area, and you must follow the
						requirements specified in paragraphs (1) through (3) of this section.
(1) If the incinerator or air curtain
					 incinerator is used during a period that begins on the date the unit started
					 operation and lasts 8 weeks or less within the boundaries of the same emergency
					 or disaster declaration area, then it is excluded from the requirements of this
					 division. You do not need to notify the executive director of its use or meet
					 the emission limitations or other requirements of this division.
(2) If the incinerator or air curtain
					 incinerator will be used during a period that begins on the date the unit
					 started operation and lasts more than 8 weeks within the boundaries of the same
					 emergency or disaster declaration area, you must notify the executive director
					 that the temporary-use incinerator or air curtain incinerator will be used for
					 more than 8 weeks and request permission to continue to operate the unit as
					 specified in subparagraphs (A) and (B) of this paragraph.
(A) The notification must be submitted in
					 writing by the date 8 weeks after you start operation of the temporary-use
					 incinerator or air curtain incinerator within the boundaries of the current
					 emergency or disaster declaration area.
(B) The notification must contain the date
					 the incinerator or air curtain incinerator started operation within the
					 boundaries of the current emergency or disaster declaration area,
					 identification of the disaster or emergency for which the incinerator or air
					 curtain incinerator is being used, a description of the types of materials
					 being burned in the incinerator or air curtain incinerator, a brief description
					 of the size and design of the unit (for example, an air curtain incinerator or
					 a modular starved-air incinerator), the reasons the incinerator or air curtain
					 incinerator must be operated for more than 8 weeks, and the amount of time for
					 which you request permission to operate including the date you expect to cease
					 operation of the unit.