Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,875
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USC, 6901 et seq. Promulgation and enforcement of these
rules are consistent with the applicable CMP goals and policies
because the proposed rulemaking would update and enhance
the commission's rules concerning hazardous waste facilities.
In addition, the rules would not violate any applicable provisions
of the CMP's stated goals and policies.
Written comments on the consistency of this rulemaking may be
submitted to the contact person at the address listed under the
Submittal of Comments section of this preamble.
Submittal of Comments
Written comments may be submitted to Charlotte Horn, MC
205, Office of Legal Services, Texas Commission on Environ-
mental Quality, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. Electronic comments may be
submitted at: http://www5.tceq. texas.gov/rules/ecomments/.
File size restrictions may apply to comments being submitted
via the eComments system. All comments should reference
Rule Project Number 2012-038-335-WS. The comment period
closes November 5, 2012. Copies of the proposed rule-
making can be obtained from the commission's Web site at
http://www.tceq.texas.gov/nav/rules/propose_adopt.html. For
further information, please contact Cynthia Palomares, P.G.,
P.E., Industrial and Hazardous Waste Permits Section, (512)
239-6079, MC-130, P.O. Box 13087, Austin, Texas 78711-3087.
SUBCHAPTER C. APPLICATION FOR
PERMIT OR POST-CLOSURE ORDER
30 TAC 305.50
Statutory Authority
The amendment is proposed under Texas Water Code (TWC),
5.103 (relating to Rules) and TWC, 5.105 (relating to Gen-
eral Policy) which provide the commission with the authority to
adopt any rules necessary to carry out its powers and duties
under the provisions of the TWC or other laws of this state;
and under Texas Health and Safety Code (THSC), 361.017
(relating to Commission's Jurisdiction: Industrial Solid Waste
and Hazardous Municipal Waste), THSC, 361.085 (relating to
Financial Assurance and Disclosure by Permit Applicant), and
THSC, 361.024 (relating to Rules and Standards) which autho-
rize the commission to regulate industrial solid waste and haz-
ardous waste and to adopt rules consistent with the general in-
tent and purposes of the THSC.
The proposed amendment implements THSC, Chapter 361.
305.50. Additional Requirements for an Application for a Haz-
ardous or Industrial Solid Waste Permit and for a Post-Closure Order.
(a) Unless otherwise stated, an application for a permit to
store, process, or dispose of solid waste must meet the following
requirements.
(1) One original and three copies of the permit application
shall be submitted on forms provided by or approved by the executive
director and shall be accompanied by a like number of originals and
copies of all required exhibits.
(2) Plans and specifications for the construction and op-
eration of the facility and the staffing pattern for the facility shall be
submitted, including the qualifications of all key operating personnel.
Also to be submitted is the closing plan for the solid waste storage,
processing, or disposal facility. The information provided must be suf-
ficiently detailed and complete to allow the executive director to as-
certain whether the facility will be constructed and operated in com-pliance with all pertinent state and local air, water, public health, and
solid waste statutes. Also to be submitted are listings of sites owned,
operated, or controlled by the applicant in the State of Texas. For pur-
poses of this section, the terms "permit holder" and "applicant" include
each member of a partnership or association and, with respect to a cor-
poration, each officer and the owner or owners of a majority of the
corporate stock, provided such partner or owner controls at least 20%
of the permit holder or applicant and at least 20% of another business
which operates a solid waste management facility.
(3) Any other information as the executive director may
deem necessary to determine whether the facility and the operation
thereof will comply with the requirements of the Texas Solid Waste
Disposal Act (TSWDA) and Chapter 335 of this title (relating to Indus-
trial Solid Waste and Municipal Hazardous Waste), shall be included,
including, but not limited to, the information set forth in the TSWDA,
4(e)(13).
(4) An application for a permit, permit amendment, or per-
mit modification to store, process, or dispose of hazardous waste is
subject to the following requirements, as applicable.
(A) In the case of an application for a permit to store,
process, or dispose of hazardous waste, the application shall also con-
tain any additional information required by 40 Code of Federal Reg-
ulations (CFR) 270.13 - 270.27 (as amended though July 14, 2006
(71 Federal Register 40254)), except that closure cost estimates shall
be prepared in accordance with 40 CFR 264.142(a)(1), (3), and (4), as
well as 37.131 of this title (relating to Annual Inflation Adjustments
to Closure Cost Estimates), 37.141 of this title (relating to Increase
in Current Cost Estimate), and 335.178 of this title (relating to Cost
Estimate for Closure).
(B) An application for a permit to store, process, or dis-
pose of hazardous waste shall also contain financial information suffi-
cient to demonstrate to the satisfaction of the executive director that the
applicant has sufficient financial resources to operate and close the fa-
cility in a safe manner [and] in compliance with the permit and all appli-
cable rules as well as[, including but not limited tm] how an applicant
intends to obtain financing for construction of the facility[, and to close
the facility properly]. Financial information necessary [submitted] to
satisfy this subparagraph shall be as follows: [meet the requirements
of subparagraph () or (D) of this paragraph.]
(i) For publicly traded entities:
(I) copies of the most recent two Securities and
Exchange Commission Form 10-Ks;
(II) a copy of the Securities and Exchange Com-
mission Form 10-Q for the most recent quarter;
(III) a statement signed by an authorized signa-
tory consistent with 305.44(a) of this title (relating to Signatories to
Applications) explaining in detail how the applicant demonstrates suf-
ficient financial resources to construct, safely operate, properly close,
and provide adequate liability coverage for the facility. This statement
must also address how the applicant intends to comply with the finan-
cial assurance requirements for closure, post-closure, corrective action,
and liability coverage consistent with Chapter 37, Subchapter P of this
title (relating to Financial Assurance for Hazardous and Nonhazardous
Industrial Solid Waste Facilities); and
(IV) estimates of capital costs for expansion
and/or construction if the application encompasses facility expansion,
capacity expansion, or new construction; or
(ii) For privately held entities with audited financial
statements for either of the most recent two fiscal years:PROPOSED RULES October 5, 2012 37 TexReg 7875
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/61/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.