§ 13-22-3-9 — Incineration of PCB

In addition to any other requirements, a permit
may not be issued under this chapter for the construction or operation
of a hazardous waste facility to be used for the incineration of PCB or
for an ancillary facility required by the incineration process unless the
person applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used at the
proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardous
waste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nine
ten thousandths percent (99.9999%) of the PCB processed at
the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released into another
solid, liquid, or gaseous substance by the destruction or
treatment technology used in the incineration process.
(2) That monitoring data from an equivalent hazardous waste
facility demonstrates that there are no releases from the
equivalent facility that alone or in combination with another
substance present a risk of any of the following:
(A) An acute or a chronic human health effect.
(B) An adverse environmental effect.
(3) That a plan to:
(A) provide sufficient training, coordination, and equipment for
state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment of
the PCB;
from the proposed hazardous waste facility or ancillary facility;
has been funded and developed.
[Pre-1996 Recodification Citation: 13-7-8.5-11.3.]

Legislative History

As added by P.L.1-1996, SEC.12.