If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the three criteria specified in paragraphs (1) through (3) of this section, depending on the length of time that a qualified operator is not accessible.
  (1) When all qualified operators are not accessible for 12 hours or less, the other solid waste incineration (OSWI) unit may be operated by other plant personnel familiar with the operation of the OSWI unit who have completed review of the information specified in §113.2312(a) of this title (relating to What site-specific documentation is required?) within the past 12 months. You do not need to notify the executive director or include this as a deviation in your annual report.
  (2) When all qualified operators are not accessible for more than 12 hours, but less than 2 weeks, the OSWI unit may be operated by other plant personnel familiar with the operation of the OSWI unit who have completed a review of the information specified in §113.2312(a) of this title within the past 12 months. However, you must record the period when all qualified operators were not accessible and include this deviation in the annual report as specified under §113.2338 of this title (relating to What information must I include in my annual report?).
  (3) When all qualified operators are not accessible for 2 weeks or more, you must take the two actions that are described in subparagraphs (A) and (B) of this paragraph.
    (A) Notify the executive director of this deviation in writing within 10 days after the end of the 2-week period. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible.
    (B) Submit a status report to the executive director every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible, and requesting approval from the executive director to continue operation of the OSWI unit. You must submit the first status report 4 weeks after you notify the executive director of the deviation under subparagraph (A) of this paragraph. If the executive director notifies you that your request to continue operation of the OSWI unit is disapproved, the OSWI unit may continue operation for 90 days, then must cease operation. Operation of the unit may resume if you meet the two requirements in clauses (i) and (ii) of this subparagraph.
      (i) A qualified operator is accessible as required under §113.2307(a) of this title (relating to What are the operator training and qualification requirements?)
      (ii) You notify the executive director that a qualified operator is accessible and that you are resuming operation.

Source Note: The provisions of this §113.2313 adopted to be effective May 14, 2009, 34 TexReg 2771