- (a) Owners or operators of incinerators subject to Sections R315-265-340 through R315-265-352 may burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification from the director that they can meet the performance standards of Sections R315-264-340 through R315-265-351 when these wastes are burned.
- (b) The following standards and procedures shall be used in determining whether to certify an incinerator:
- (1) The owner or operator shall submit an application to the director containing applicable information in Sections R315-270-19 and R315-270-62 demonstrating that the incinerator can meet the performance standards in Sections R315-264-340 through R315-265-351 when these wastes are burned.
- (2) The director shall issue a tentative decision as to whether the incinerator can meet the performance standards in Sections R315-264-340 through R315-265-351. Notification of this tentative decision shall be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The director shall accept comment on the tentative decision for 60 days. The director also may hold a public hearing upon request or at the director's discretion.
- (3) After the close of the public comment period, the director shall issue a decision whether or not to certify the incinerator.
KEY: hazardous waste, TSD facilities, interim status
Date of Last Change: November 17, 2025
Notice of Continuation: December 11, 2025
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106