For the purposes of determining feasibility of compliance with the performance standards of 40 Code of Federal Regulations (CFR) §264.343 and of determining adequate operating conditions under 40 CFR §264.345, the commission shall establish conditions in the permit for a new hazardous waste incinerator, to be effective during the trial burn.
  (1) Applicant shall propose a trial burn plan, prepared under paragraph (2) of this section, with Part B of the permit application.
  (2) The trial burn plan shall include the following information:
    (A) an analysis of each waste or mixture of wastes to be burned which includes:
      (i) heat value of the waste in the form and composition in which it will be burned;
      (ii) viscosity (if applicable), or description of physical form of the waste;
      (iii) an identification of any hazardous organic constituents listed in 40 CFR Part 261, Appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in 40 CFR Part 261, Appendix VIII, which reasonably would not be expected to be found in the waste. The constituents excluded from analysis must be identified, and the basis for their exclusion established. The waste analysis must rely on appropriate analytical techniques; and
      (iv) an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods;
    (B) a detailed engineering description of the incinerator for which the permit is sought, including:
      (i) manufacturer's name and model number of incinerator (if available);
      (ii) type of incinerator;
      (iii) linear dimensions of the incinerator unit, including the cross-sectional area of combustion chamber;
      (iv) description of the auxiliary fuel system (type/feed);
      (v) capacity of prime mover;
      (vi) description of automatic waste feed cut-off system(s);
      (vii) stack gas monitoring and pollution control equipment;
      (viii) nozzle and burner design;
      (ix) construction materials; and
      (x) location and description of temperature, pressure, and flow indicating and control devices;
    (C) a detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;
    (D) a detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the decision under paragraph (5) of this section;
    (E) a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;
    (F) a description of, and planned operating conditions for, any emission control equipment which will be used;
    (G) procedures for rapidly stopping the waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction; and
    (H) such other information as the executive director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in paragraph (5) of this section.
  (3) The executive director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this section.
  (4) Based on the waste analysis data in the trial burn plan, the commission shall specify as trial principal organic hazardous constituents (POHCs), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the commission based on an estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and for wastes listed in 40 CFR Part 261, Subpart D, the hazardous waste organic constituent or constituents identified in Appendix VII of that part as the basis for listing.
  (5) The commission shall approve a trial burn plan if it finds that:
    (A) the trial burn is likely to determine whether the incinerator performance standard required by 40 CFR §264.343 can be met;
    (B) the trial burn itself will not present an imminent hazard to human health or safety or the environment;
    (C) the trial burn will help the commission to determine the operating requirements to be specified (in the permit) according to 40 CFR §264.345; and
    (D) the information sought in subparagraphs (A) and (C) of this paragraph cannot reasonably be developed through other means.
  (6) The chief clerk shall send notice to the state senator and representative who represent the area in which the facility is or will be located, and to the persons listed in §39.413 of this title (relating to Mailed Notice) announcing the scheduled commencement and completion dates for the trial burn. The notice shall meet the requirements of 40 CFR §270.62(b)(6)(i) - (ii), as amended through December 11, 1995, at 60 FedReg 63417. The applicant may not commence the trial burn until after the chief clerk has issued such notice. This paragraph applies to initial trial burns and all other trial burns except those that are to be conducted within 180 days after permit modification covering the trial burn.
  (7) During each approved trial burn (or as soon after the burn as practicable), the applicant must make the following determinations:
    (A) a quantitative analysis of the trial POHCs in the waste feed to the incinerator;
    (B) a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O2) and hydrogen chloride (HCl);
    (C) a quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs;
    (D) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in 40 CFR §264.343(a);
    (E) if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (four pounds per hour), a computation of HCl removal efficiency in accordance with 40 CFR §264.343(b);
    (F) a computation of particulate emissions, in accordance with 40 CFR §264.343(c);
    (G) an identification of sources of fugitive emissions and their means of control;
    (H) a measurement of average, maximum, and minimum temperatures and combustion gas velocity;
    (I) a continuous measurement of carbon monoxide (CO) in the exhaust gas; and
    (J) such other information as the executive director may specify as necessary to ensure that the trial burn will determine the compliance with the performance standards in 40 CFR §264.343 and to establish the operating conditions required by 40 CFR §264.345 as necessary to meet those performance standards.
  (8) The applicant must submit to the executive director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in paragraph (7) of this section. This submission shall be made within 90 days of completion of the trial burn, or later with the prior approval of the executive director.
  (9) All data collected during any trial burn shall be submitted to the executive director immediately following the completion of the trial burn.
  (10) All submissions required by this section shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under §305.44 of this title (relating to Signatories to Applications) and §305.128 of this title (relating to Signatories to Reports).
  (11) Based on the results of the trial burn, the commission or the executive director, as appropriate, subject to §50.133 of this title (relating to Executive Director Action on Application), shall set the operating requirements in the final permit according to 40 CFR §264.345. The permit amendment or modification shall proceed according to §305.62 of this title (relating to Amendments) or §305.69(c) of this title (relating to Solid Waste Permit Modification at the Request of the Permittee).

Source Note: The provisions of this §305.172 adopted to be effective June 19, 1986, 11 TexReg 2600; amended to be effective October 29, 1990, 15 TexReg 6015; amended to be effective November 20, 1996, 21 TexReg 10982; amended to be effective August 8, 1999, 24 TexReg 5879; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective May 14, 2020, 45 TexReg 3109